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HomeMy WebLinkAboutMINUTES - 10122004 - C4 TO: BOARD OF SUPERVISORS L. i FROM: MALUTJCE M. SHIU, PUBLIC WORKS DIRECTOR DATE: October 12, 2004 SUBJECT: Accepting completion of warranty period and release of cash deposit for faithful performance, Subdivision 9708058. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2004/ 550 for Subdivision 97-08058, accepting completion of warranty period and release of cash deposit for faithful performance,for project being developed by Essex Portfolio,L.P.,Pleasant Hill area. (District IV) FISCAL IMPACT: Nine. BACKGROUND/REASONS) FOR RECOMMENDATION(S): The improvements have met the guaranteed performance standards for the warranty period fallowing completion and acceptance. CONSEQUENCES OF NEGATIVE ACTION: The developer will not receive their deposit or have their performance surety exonerated as guaranteed by the Subdivision Agreement. '~ Continued on Attachment:— SIGNATURE: �ivRECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION CIE BOARD COMMITTEE ,s "PROVE OTHER t ,SIGNATURE(S). ACTION OFBO� ON BER 12,_-2()()4 APPROVED AS RECOMMENDED XX OTHER I hereby certify that this is a true and correct copy of an action taken and entered on the VOTE OF surERvIsoxs minutes of the Board of Supervisors on the xx UNANIMOUSdate shown, (ABSENT NONE } AYES: NOES: ABSENT: ABSTAIN: ATTESTED: OM ER 12, 2004 G:\CiMData1&;gSvc1B012004110-12-041SD 97-Og058 Order.dac JOHN SWEETEN, Clerk of the Board of Orig.Div: Public Works(ES) Supervisors and County Administrator Contact: prank Navarro(313-2264) ec: Public Works -M.Valdez,M&T Lab T.Bet},Construction -Sanity bowling,Engineering Services Current Planning,Community Development EssexPortfolio,LT.1arl By e•"' 71--- , Deputy Alin:Karen Flarling s"7""""�` 925 East Meadow Drive Palo Alto,CA 94303 American Motorists Insurance Company On Lou Jones&Associates 7470 N.Figueroa St. Los Angeles,CA 90041 American Motorists Insurance Company 41}Borel Avenue,#410 San Mateo,CA 94402 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 12, 2004 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2004/ 550 SUBJECT: Accepting completion of warranty period and release of cash deposit for faithful performance, Subdivision 9708058, Pleasant Hill area. (District IV) On June 9, 1998,this Board resolved that the improvements in Subdivision 97-08058 were completed as provided in the Subdivision Agreement with Essex Portfolio, L.P. and now on the recommendation of the Public Works Director; The Board hereby FINDS that the improvements have satisfactorily met the guaranteed performance standards for the period following completion and acceptance.NOW THEREFORE BE IT RESOLVED that the Public Works Director is AUTHORIZED to refund the $9,900.00 cash deposit(Auditor's Deposit Permit No. 313992,dated May 20, 1998)plus interest to Essex Portfolio, L.P. in accordance with Government Code Section 53079(if appropriate),Ordinance Code Section 94-4.406, and the subdivision agreement. BE IT FURTHER RESOLVED that the warranty period has been completed and the Subdivision Agreement and performance surety for$13,380.00,Bond no. 3SM91404500,issued by American Motorists Insurance Company, are exonerated. JD:rrn G:\GrpData\EngSvc\BO\2004\10-12-04\SD 97-08058 130-60.doc Originator: Public Works(ES) Contact: Frank Navarro(313-2264) I hereby Certify that this is a true and correct copy of an I.D.77-0369-575 cc: Public Works -M.Valdez,M&T Lab action taken and entered on the minutes of the Board of -T.Bell,Construction Supervisors on the date shown. -Janet Dowling,Engineering Services Current Planning,Community Development Essex Portfolio,L.P. Attn:Karen Harling 925 East Meadow Drive ATTESTED: 0 ,TC)BER 12. 2004 Palo Alto,CA 94303 JOHN SWEETEN, Clerk of the Board of Supervisors American Motorists Insurance Company C/o Lou Jones&Associates and County Administrator 7470 N.Figueroa St. Los Angeles,CA 90041 American Motorists Insurance Company 411 Borel Avenue,#410 By +t4s'' , Deputy San Mateo,CA 94402 RESOLUTION NO.2004/ 550