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HomeMy WebLinkAboutMINUTES - 11062007 - C.14 � 5t TO: BOARD OF SUPERVISORS t _ Contra FROM: MAURICE M. SHIU PUBLIC WORKS DIRECTOR 0i _ `- ` Costa •;� DATE: November 6, 2007 �, .,,_ .'`��:•�P`� STq COUri County SUBJECT: Accept completion of warranty period and release of cash deposit for faithful performance for Subdivision Agreement (Right-of-Way Landscaping), Subdivision 01-08564, for project being developed by Shapell Industries of Northern California, a Division of Shapell Industries, Inc., a Delaware Corp., San Ramon (Dougherty Valley) area. (District 111) SPECIFIC.REQUEST(S)OR R[:COMMENDATION(S)&BACKGROUND ANI)JUS-1'I1--ICATION RECOMMENDATION(S): ADOPT Resolution No. 2007/ C ZG for Subdivision 01-08564, accepting completion of warranty period and release of cash deposit for faithful performance, for project being developed by Shapell Industries of Northern California, a Division of Shapell Industries,Inc., a Delaware Corp., San Ramon(Dougherty Valley)area. (District lIl) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The improvements have met the guarantee performance standards for the warranty period following completion and acceptance of improvements. CONSEQUENCES OF NEGATIVE ACTION: Developer will not receive a refund of their cash deposit or have their performance surety bond exonerated. Continued on Attachment: ✓ SIGNATURE: —_ _ ECOA'1LIN1ENDATION OF COUNTY ADMINISTRATOR _ RECOMMENDATION OF BOARD COMMITTEE PROVE 0"1-HER SIGNATURE, S : ACTION OF B t1D ON s�t/e a►� .s� APPROVED AS RECOMMENDED OTHER VO` OF SUPERVISORS UNANIMOUS(ABSENT div l I hereby certify that this is a true and correct AYES: NOES-.— copy of an action taken and entered on the ABSENT: ABSTAIN: minutes of the Board of Supervisors on the LLi c[ G'`•En�SwL 0.1007`.11-06\130-60 SD 01-08564 doc date shown. originator: Public Works(ES) Contact: T.Ric(313-2363) 1 D uS-2578UJU cc: Public Works -Al Valdcr.,\1&T lab - t T.Rie,Engineing Sen ATTESTED:/poe"dG VVPda/o 40, Current Planning,Community Development Shapell Industries of Nonliem Califoniia JOHN CULLEN, Clerk of the Board of 100 N.Milpitas BINd San Ramon,CA 9503' Supervisors and County Administrator Atrn:Sam Worden,Steve Savage and Jim Gold \National Dire lusurancc Compiuiy of l larllitrd 2355 E.Ca nelback Read.Suite 5U0 Phoenix,AL 85016 By ,Deputy THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on November 6, 2007 by the following vote: AYES: Gioia, Uilkema, Bonilla,Glover and Piepho NOES: None ABSENT: None ;ABSTAIN: None - - - --' RESOLUTION NO. 2007/ CSG SUBJECT: Accepting completion of warranty period and release of cash deposit for faithful perfonnance for Subdivision Agreement(Right-of-Way Landscaping), Subdivision 01-08564, for project being developed by Shapell Industries of Northern California,a Division of Shapell Industries, Inc., a Delaware Corp., San Ramon (Dougherty Valley) area. (District III) On.April 25,2006,this Board resolved that the improvements in Subdivision 01-08564 were completed as provided in the Subdivision Agreement with Shapell I.ndustries of Northern California, a Division of Shapell Industries, Inc., a Delaware Corp. 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: i de • REFUND the $5,100.00 cash deposit (Auditor's Deposit Pernlit No. 398256, dated December 31, 2002) plus interest to Shapell Industries of Northern California, a Division of Shapell Industries, hic., a Delaware Corp. in accordance with Goveniment Code Section 53079(if appropriate),Ordinance Code Section 94-4.406, and the subdivision agreement. BE IT FURTHER RESOLVED that upon completion of the warranty and maintenance period, the San Ramon City Council shall accept the landscape improvements for maintenance in accordance with the Dougherty Valley Memorandum of Understanding. BE IT FURTHER RESOLVED that the warranty period has been completed and the Subdivision Agreement(Right-of-Way Landscaping)and surety bond,Bond No. 190775294,dated December 19, 2002, issued by National Fire Insurance Company of Hartford, are exonerated. 1.1J:.z. I hereby certify that this is a true and correct copy of an G:`•.IatgSvc`•B0\2007\11-06`•.BO-60 SD 01-08564.doc Originator:Public Works(F..S) action taken and entered on the minutes of the Board of Contact: T.Ric(313=?363) I.D.95-2578030 Supervisors on the date shown. cc: Public Works A1.Valdez,\1&T Lab Constriction 1.Ric,En ineerin,Services �� Current Planning.CommunitynDevelopment ATTESTED: /I'06/;e,sn�a� Shapell Industries of Northern California l00 N.Milpitas Bled JOHN CULLEN, Clerk of the Board of Supervisors and San Ramon.CA 95035 p Attn:Sam worden.Stc%e Savage and Jun Gold County Administrator National Piro Insurance Company of Hartford 2355 E.Canulback Road,Suite 500 Phoenix,AZ 85016 By , Deputy RESOLUTION NO.2007/_G40