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TO: BOARD OF SUPERVISORS ���==1 '' - `:. Contra
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR otCosta
.DATE: November 6, 2007 ~�� V
°STI COu �A County
SUBJECT: Accept completion of warranty period and release of cash deposit for faithful performance,
Drainage Acceptance 03-00029(cross-reference 99-08306),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)
SPI=CIPIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2007/ G/G for Drainage Acceptance 03-00029(cross-reference Subdivision 99-08306),
accepting completion of warranty period and release of cash deposit for faithful perfonnance, 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)
FISCAL IMPACT:
None.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
The inTprovements have[net the guarantee perforn-rance standards for the warrantyperiod following completion and
acceptance of improvements.
CONSEQUENCES OF NEGATIVE ACTION:
Developer will riot receive a refund of their cash deposit or have their performance surety bond exonerated.
Continued on Attachment:1,-' SIGNATURE: �^w�
_ MOMMENDATION OF COUNTY ADMINISTRATOR
RECONINIENDATION OF BOARD COMMITTEE
It�PPROVE OTHER
SIGNATURES :
ACTION OF BO R ON e0 APPROVED AS RECOMMENDED OTHER
VO _Of SUPE VJSORS /
UNANI OUS(ABSENT Onv ) 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
G:\EngSvc,BO`0007`,.I 1-06`•[10-60 DA 03-0029.doc date shown.
Originator:Public Works(ES)
Conlact: T.Ric(313-2363)
I.D.95-2578030 ��'
cc: Puhlic�l'orks -M.constluction1CTLab ATTESTED:/�o'dGss� _
-Consnuctiun
T.Rie,Engineering Dservices JOHN CULLEN Clerk of the B Cao d of
Current Planning,Cunununity Development ,
ShapCil Indttsuicsol•NorthemCalifomia Supervisors and County Administrator
100 N.N1ii1pitas Blvd.
Milpitas.CA 95035
Attn:S.\Vorden and S.Savage
National Fire Insurance Company of I lartford
5820 Canoga Avenue,Suite 200
Woodland I lills,CA 91367 By 7 Deputy
Attn:Pamela Stocks
f
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
i-
i
— ----------------— --- -- —, RESOLUTION NO. 2007/ G��v
SUBJECT: Accepting completion of warranty period and release of cash deposit for faithful
performance,Drainage Acceptance 03-00029(cross-reference 99-08306),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 October 3,2006,this Board resolved that the improvements in Drainage Acceptance 03-
00029 (cross-reference Subdivision 99-08306) were completed as provided in the Drainage
Improvement Agreement with Shapell Industries 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:
• REFUND the $4,300.00 cash deposit (Auditor's Deposit Permit No. 432511, dated
October 7,2004)plus interest to Shapell Industries of Northern California,aDivision
of Shapell Industries, Inc., a Delaware Corp. in accordance with Government 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 civil 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
Drainage Improvement Agreement and surety bond, Bond No. 929299765, dated September 29,
2004, issued by National Fire Insurance Company of Hartford, are exonerated.
1,R:vz I hereby certify that this is a true and correct copy of an
G:`•.EugSvc\B012007`•.11-06`,.130-60 DA 03-0029.doe
Originator:Public Works(ES) action taken and entered on the minutes of the Board of
Contact: T.Ric(313-2363)
I.D.95-2578030 Supervisors on the date shown.
cc: Public Works M.Valdez,M&T lab
Construction
T.Ric,Engineering Services '/
Current Planning.Community Devclupmcnt ATTESTED: N Ad�ir9 b�i,i d G
Shapell Industries ol'Northem California >>
100 N.Milpitas Blvd. JOHN CULLEN, Clerk of the Board of Supervisors and
Milpitas.CA 95035
Attu.S.Norden and S.Savage County Administrator
National fire Insurance Company of Hanford
5820 Canoga.Avenue,Suite 200
Woodland Hills,CA 91367
Attu:Pamela Stocks
By , Deputy
RESOLUTION NO.2007/ 41046