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Home My WebLink AboutMINUTES - 07082008 - C.9 C�I TO: BOARD OF SUPERVISORS .• __f, `�====-•• Contra FROM: JULIA R. BUEREN, P __ '• Costa UBLIC WORKS D TOR DATE: July 8, 2008 County SUBJECT: Accept completion of landscape improvements for Drainage Acceptance 03-00032, San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RFCOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2008/ accepting completion of landscape improvements for Windemere Mitigation Creek, for Subdivision Agreement (Right-of-Way Landscaping) for Drainage Acceptance 03-00032, (cross-reference' Subdivision 03-08508), project developed by Windemere BLC Land Company, LLC, as recommended by the Public Works Director, San Ramon(Dougherty Valley) area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The developer, Windemere BLC Land Company, LLC, has completed the improvements per the Subdivision Agreement (Right-of-Way Landscaping), and the accordance with the Title 9 of the County Ordinance Code. CONSEQUENCES OF NEGATIVE ACTION: The completion of improvements will not be accepted. Continued on Attachment: SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE —APPROVE OTHER SIGNATURE (S): ACTION OF BOARD ON tq APPROVED AS RECOMMENDED OTHER VOT OF SUPERVISORS ,/ I hereby certify that this is a true and correct UNANIMOUS(ABSENT tD7'�Pi copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. TR;jc G:\tngSvc\BO\2008\07-08\D.A 03-00032 BO-45 DV Landscape(SUB-RA-PA)FORM.docx Originator: Public Works(ES) .Contact:T.Ric(313-2363) �j Recording to be completed by Clerk of the hoard ATTESTED: �Q cc: Public Works Construction Div. P.Tehancy,M&T Lab JOHN CULLEN, ler of the Board of D.Spinale,Engineering Svc. Chris Low,City ol'San Ramon Supervisors and County Administrator 2222 Camino Ramon,San Ramon,CA 94583 Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94583 Attn:Brian Olin By , Deputy The Continental Insurance Company P.O.Box 946640 Maitland,EL 32794-6640 Attn:P.Brebner : w IIII III III I IIl 11 11 1111 11 111 11 111 • CONTOfficeIIIIIIIIIIIIIIIII ; RA COSTA Co Recorder Recorded at the request or: STEPHEN L, WEIRClerk-Recorder Contra Costa County DOC-- 2006-0152521—00 Board of Supervisors Wednesday, JUL 09, 2008 10:36:50 Return to: FRE $0.00: : Fugue Works Department Tt l Pd $0,00 Nbr-0@04140649 Engineering Services Division IrcIR9I1-3 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution.on July 8, 2008 by the following vote: AYES: Gioia, Uilkema, Piepho, Bonilla, and Glover i NOES: None ABSENT: None % ABSTAIN: None RESOLUTION.NO. 2008/ �e?/ SUBJECT: Accepting completion of landscape improvements for Windemere Mitigation Creek, for Subdivision Agreement . (Right-of-Way Landscaping) Drainage Acceptance 03-00032 (cross-reference Subdivision 03-08508, project developed by Windemere BLC Land Company, LLC, as recommended by the Public Works Director, San Ramon (Dougherty Valley) area. (District III) These improvements are approximately located near East Branch Parkway. The Public Works Director has notified this Board that the Right of Way Landscaping Improvements in Drainage Acceptance 03-00032 (cross-reference Subdivision 03-08508) have been completed as provided in the Subdivision Agreement (Right-of-Way Landscaping) with Windemere BLC Land Company, LLC, heretofore approved by this Board in conjunction with the filing of the Subdivision Map. TR:jc G:\EngSvc\BO\2008\07-08\DA 03-00032 BO-45 DV Landscape(SUB-RA-PA)FORM.docx Originator: Public Works(ES) Contact: T.Rie(313-2363) Recording to be completed by Clerk of the Hoard I hereby certify that this is a true and correct copy of cc: Public Works Construction Div. an action taken and entered on the minutes of the P.Tchancy;M&T lab D.Spinale,Engineering Svc. Board of Supervisors on the date shown. . Chris Low,City of San Ramon 2222 Camino Ramon,San Ramon,CA 94583 ATTESTED: !A� Windemere BLC Land Company,LLC 6121 Bollinger canyon Road,suite Soo JOHN CULLEN, ler the Board of.Supervisors San Ramon,CA 94583 Attn:Brian Olin and County Administrator The Continental Insurance Company P.O.Box 946640 Maitland,FI-'32794-6640 Attn:P.Brebner By , Deputy RESOLUTION NO.2008/ SUBJECT: Accepting completion of landscape improvements for Windemere Mitigation Creek, for Subdivision , Agreement (Right-of-Way Landscaping) Drainage Acceptance 03-00032 (cross-reference Subdivision 03-08508, project developed by Windemere BLC Land Company, LLC, as recommended by the Public Works Director, San Ramon (Dougherty Valley) area. (District III) DATE: July 8, 2008 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of July 8. 2008 thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement: . DATE OF AGREEMENT NAME OF BANK/SURETY November 30, 2004 The Continental Insurance Company BE IT FURTHER RESOLVED the payment (labor and materials) surety for $74,600.00, Bond No. 929341270 issued by the above surety be RETAINED for the six month lien guarantee period until January 8, 2009, at which time the Clerk of the Board is AUTHORIZED to release the surety less the amount of any claims on file. BE IT FURTHER RESOLVED that the Right-of-Way Landscaping improvements for Drainage Acceptance 03-00032 are ACCEPTED AS COMPLETE. Upon approval by the Board of Supervisors, the developer, Windemere BLC Land Company, LLC, shall retain the improvements for maintenance and ownership in accordance with the Geologic Hazard Abatement District (GHAD) plan of control, and until accepted by the GHAD or City of San Ramon. BE IT FURTHER RESOLVED that there is no warranty period required, and the Public Works Director is AUTHORIZED to refund the4$1,490.00 cash security for performance (Auditor's Deposit Permit No. 431272, dated September 15, 2004) plus interest in accordance with Government Code Section 53079, if appropriate,..to Windemere BLC Land Company, LLC pursuant to the requirements of the Ordinance Code; and the Subdivision Agreement (Right-of- Way Landscaping) and surety bond, Bond No. 929 341 270, dated September 7, 2004, are exonerated. RESOL IJTIO]V NO. 2008// I