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HomeMy WebLinkAboutMINUTES - 02132007 - C.10 TO: BOARD OF SUPERVISORS sE = Contra � t=—�� FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR Costa C DATE: February 13, 2007 County ST"L COU>`I� SUBJECT: Accepting completion of warranty period and release of cash deposit for faithful performance,Park Acceptance 02-00009(cross-reference Subdivision 95-07984),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) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2007/ for Park Acceptance 02-00009 (cross-reference Subdivision 95-07984), 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 III) 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: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE _4>PPROVE OTHER SIGNATURE (S). ACTION OF B A ON �.5 r�c�wr APPROVED AS RECOMMENDED OTHER VO OF.SUPE__VISORS J UNANIMOUS(ABSENT Y ) 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 TR:vz G:\EngSvc\BO\2007\02-13\BO-60 PA 02-0009.doc date shown. Originator: Public Works(ES) Contact: T.Rie(313-2316) I.D.85-2578030 cc: Public Works -M.Valdez,M&T Lab -T.Be11,Cgineerin S ATTESTED: -T.Rie,Engineering Services Current Planning,Community Development ShapellIndustries ofNorthemCalifornia JOHN CULLEN, Clerk o e Board of 100 N.Milpitas Blvd Milpitas,CA 95035 Supervisors and County Administrator Attn:J.Gold and S.Worden National Fire Insurance Company of Hartford 2355 E.Camelback Road,Suite 500 Phoenix,AZ 85016 Attn:Pamela Stocks By ..•Gt , Deputy THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on February 13, 2007 by the following vote: AYES: SUPERVISORS UILKEMA, BONILLA,GLOVER,AND PIEPIIO NOES: NONE ABSENT: DISTRICT I - - RESOLUTION NO. 2007/ SUBJECT: Accepting completion of warranty period and release of cash deposit for faithful performance,Park Acceptance 02-00009(cross-reference Subdivision 95-07984),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 November 15, 2005,this Board resolved that the improvements in Park Acceptance 02- 00009 (cross-reference Subdivision 95-07984) were completed as provided in the Subdivision Agreement(Right-of-Way Landscaping)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$19,600.00 cash deposit(Auditor's Deposit Permit No.400971,dated February 25, 2003) plus interest to Shapell Industries of Northern California, a Division of Shapell Industries, Inc., a Delaware Corp. in accordance with Government Code Section 53079(if appropriate),Ordinance Code Section 94-4.406, and the subdivision agreement. BE IT FURTHER RESOLVED that upon completion of the warranty and maintenance period, the San Ramon City Council shall accept the landscape improvements for maintenance in accordance with the Dougherty Valley Memorandum of Understanding. BE IT FURTHER RESOLVED that the warranty period has been completed and the Subdivision Agreement(Right-of-Way Landscaping)and surety bond,Bond No. 929270196,dated February 19, 2003, issued by National Fire Insurance Company of Hartford, are exonerated. TR:vz I hereby certify that this is a true and correct copy of an G:\Eng$vc\BO\2007\02-13\BO-60 PA 02-0009.doc Originator: Public Works(ES) action taken and entered on the minutes of the Board of Contact: T.Ric(313-2316) I.D.85-2578030 Supervisors on the date shown. cc: Public Works -M.Valdez,M&T lab -A.Bell,Construction -T.Ric,Engineering Services _ Current Planning,Community Development ATTESTED: 772�a'u-a.Y� -d Shapell Industries ofNorthem California 100 N.Milpitas Blvd JOHN CULLEN, Clerk of thAclard of Supervisors and Milpitas,CA 95035 Attn:J.Gold and S.Worden County Administrator National Fire Insurance Company of Hartford 2355 E.Camelback Road,Suite 500 Phoenix,AZ 85016 Attn:Pamela Stocks By , Deputy RESOLUTION NO.2007/. ?��