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HomeMy WebLinkAboutMINUTES - 12162008 - C.16 r TO: BOARD OF SUPERVISORS =sE L Contra FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTO - s Costa DATE: December 16, 2008 srq,clivarCounty SUBJECT: Accepting completion of warranty period for the Subdivision Agreement (Right-of-Way Landscaping), Road Acceptance 05-01193, San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2008/ accepting completion of warranty period and release of cash deposit for faithful performance for the Subdivision Agreement (Right-of-Way Landscaping), for Road Acceptance 05- 01193 (cross-reference Subdivision 95-07984), for project being developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., as recommended by the Public Works Director, San Ramon (Dougherty Valley) area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The (Right-of-Way Landscaping) 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, the Subdivision Agreement (Right-of-Way Landscaping) and performance surety bond will not be exonerated, and the billing account will not be closed and liquidated. Continued on Attachment: SIGNATURE: ECOMMENDATION OF COUNTY ADMINISTRATOR COMMENDATION OF BOARD COMMITTEE %APPROVE —OTHER SIGNATURES : ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER voT UNANIMOUS(ABSENT F SUPERVISORS I hereby certify that this is a true and correct O Ri ) AYES: NOES: copy of an action taken and entered on the ABSENT: ABSTAIN: minutes of the Board of Supervisors on the Bb:1C date shown. G:\EngSvc\60\2008\I2-16\RA 05-01193 BO-60A FORM.docx Originator:Public Works(ES) Contact: J.LaRocque(313-2315) cc: Public Works -Construction ATTESTED•4"*107A(xer'/, ae,&pd/ -1 Bergeron,Mapping DAVID TWA Clerk of the Board of -P.Edwards,Engineering Services , Current Planning,Department of Conservation and Development Supervisors and County Administrator C.Low,City of San Ramon 2222 Camino Ramon,San Ramon,CA 94583 _ S.Warden,Shapell Homes 100 N.Milpitas Blvd.,Milpitas,CA 95035 ' National Fire Insurance Company of Hartford 2355 E.Camelback Road,Suite 500 By , Deputy Phoenix,AZ 85016 Attn:Pamela L.Stocks THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 16, 2008 by the following vote: AYES: Gioia, Uilkema; Piepho, Bonilla, and Glover NOES: None ABSENT: None ABSTAIN: None _ RESOLUTION NO. 2008/ SUBJECT: Accepting completion of warranty period and release of cash deposit for faithful performance for the Subdivision Agreement (Right-of-Way Landscaping), for Road Acceptance 05-01193 (cross-reference Subdivision 95-07984), for project being developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., as recommended by the Public Works Director, San Ramon (Dougherty Valley) area. (District III) On December 18, 2007, this Board resolved that the landscape improvements in Road Acceptance 05-01193 (cross-reference Subdivision 95-07984) were completed as provided in the Subdivision Agreement (Right-of-Way Landscaping) with Shapell Homes, 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 1,000.00 cash deposit (Auditor's Deposit Permit No. 469817, dated August 31, 2006) plus interest to Shapell Homes, 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. 929 390 935, dated August 15, 2006, issued by National Fire Insurance Company of Hartford, are exonerated. Bb:JC I hereby certify that this is a true and correct copy of an GAEngSv6BO\2008112-16\RA 05-01193 BO-60A FORM.docx action taken and entered on the minutes of the Board of Originator: Public Works(ES) Contact: J.LaRocque(313-2315) Supervisors on the date shown. cc: Public Works -Construction -1 Bergeron,Mapping A— L. J / 'J w -P.Edwards,ationad Engineering Services ATTESTED: d -Py?,d le. zoyy Curtcnl Planning,Department of Conservation and Development y C.Low,City of San Ramon DAVID TWA, Clerk of the Board of Supervisors and 2222 Camino Ramon,San Ramon,CA 94583 S.Worden.M 1pitasShapell Homes County Administrator 100 N.Milpitas Blvd.,Milpitas,CA 95035 National Fire Insurance Company of Hanford 2355 E.Camelback Road,Suite 500 Phoenix,AZ 85016 Alto:Pamela L.Stocks y r , Deputy RESOLUTION NO.2008/���