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HomeMy WebLinkAboutMINUTES - 01232007 - C.8 TO: BOARD OF SUPERVISORS -- SE L CO1■1.Yltra FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR w Costa 41140 DATE: February 13, 2007 z-- �` County Y SUBJECT: Accepting completion of warranty period and release of cash deposit for faithful performance,Park Acceptance 02-00003(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 02-00003 (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 APPROVE OTHER SIGNATURES : q-.��'­'-- ACTION OF BO r ON Y�-cs.�' /� APPROVED AS RECOMMENDED OTHER VOCE OF SUP VISORS ✓ UNANIMOUS(ABSENTY>5r�/ Xl 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:IEngSvc\BO\2007\02-13\BO-60 PA 02-0003.doc date shown. Originator: Public Works(ES) Contact: T.Rie(313-2316) I.D.85-2578030 cc: Public Works -M.Valdez,M&T Lab -A.Bell,Construction T.Rie,Engineering Services �— g g ATTESTED: f�6aru.GZir �� •07�` - Ganem Planning,Community Northern nDevelopment JOHN CULLEN, Clerk oft Board of Shapell Industries of onhem California 100 N.Milpitas Blvd Milpitas,CA 95035 Supervisors and County Administrator Ann,1.Gold and S.Worden National Fire Insurance Company of Hanford 2355 E.Camelback Road,Suite 500 Phoenix,AZ 85016 Attn:Pamela Stocks By , Deputy r THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA . Adopted this Resolution on February 13, 2007 by the following vote: AYES: SUPERVISORS UILKENIA, BONILLA,GLOVER,AND PIEPHO NOES: NONE ABSENT: DISTRICT I - RESOLUTION NO. 2007/ SUBJECT: Accepting completion of warranty period and release of cash deposit for faithful performance,Park Acceptance 02-00003(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- 00003 (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$5,500.00 cash deposit(Auditor's Deposit Permit No. 391840,dated August 22, 2002) 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 warrantyperiod has been completed and the Subdivision Agreement(Right-of-Way Landscaping)and surety bond,Bond No. 929247992,dated August 14, 2002, issued by National Fire Insurance Company of Hartford, are exonerated. :\ GEn gSvc\60\2007\02-13\BO-60 PA 02-0003.doc I hereby certify that this is a true and correct copy of an :\En Originator: Public Works(ES) action taken and entered on the minutes of the Board of Contact: T.Rie(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 � 1 nJ Current Planning,Community Development ATTESTED: � Y �y 13 ,J-0-0 Shapell Industries of Northern California 100 N.Milpitas Blvd JOHN CULLEN Clerk oft oard of Supervisors and Milpitas,CA 95035 p Attn:J.Gold and S.Worden County Administrator National Fire Insurance Company of Hanford 2355 E.Camelback Road,Suite 500 Phoenix,AZ 85016 Attn:Pamela Stocks By , Deputy RESOLUTION NO.2007/