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HomeMy WebLinkAboutMINUTES - 12092008 - C.7 (2) 7/ TO: BOARD OF SUPERVISORS ntra` FROM: NLIA R. BUEREN, PUBLIC WORKS DIRECTOR o Costa DATE: December 9, 2008 cbiiti` �s CUllilty SUBJECT: Accepting completion of landscaping improvements for Subdivision Agreement(Right-of-Way Landscaping),Drainage Acceptance 05-00052,Danville area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution,"No. 2008/_11Kraccepting completion of landscaping improvements and release of cash deposit for faithful' performance for the Subdivision Agreement (Right-of-Way Landscaping) for Drainage Acceptance 05-00052 (cross-reference Subdivision 99-08331), project developed by Danville Tassajara Partners, LLC,,as recommended by the Public Works Director, Danville area. (District III) FISCAL IMPACT: None. i, BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The developer has '`completed the landscaping improvements per the Subdivision Agreement (Right-of-Way Landscaping), and in accordance with Title 9 of the County Ordinance Code. CONSEOUENCES OF NEGATIVE ACTION: The Subdivision Agreement (Right-of-Way Landscaping) will not be exonerated and the developer, Danville Tassajara Partners, LLC, will not receive a refund of the cash bond. Continued on Attachment:— SIGNATURE: _RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE (S): ACTION OF BOARD ON !rG AP OVED AS RECOMM DED OTHER VOF SUPERVISORS I hereby certify that this is a true and correct . UNANIMOU&(ABSENT �'!�/ ) copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. PE:jc G:\EngSvc\BO\2008\12-9\DA 05-00052 B045.docx Originator: Public Works(ES) - Contact: 'Monish Sen(313-2187) Recording to be completed by Clerk of the Board cc: Public works -Construction DivisionATTESTED: ' ¢ P.Tehaney,M&T Lab P.Edwards,Engineering Services DAVID TWA, Clerk of.the Board of . Engeo,Inc. Wendt GHAD Manager Supervisors and County Administrator 2110 Crow Canyon Place,Suite 250 San Ramon,CA 94583 Attn:Uri Eliahu - Danville Tassajara Partners,LLC 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94583 By Deputy Attn:Brian Olin , Arch Insurance Company 135 North Los Robles Avenue,No.825 _ Pasadena,CA 91101 !M ✓ IIIIIIIIIIIIIIIIIIIIIIIIIVIIIIIIIIIIIII■IIIIIIII �I CONTRA COSTA Co Recorder Office j Recorded at the regnest of. STEPHEN L, WEIR, Clerk-Recorder Contra Costa County D Board of Supervisors DC_ 2008-0265743-00 Return to: Wednesday, DEC 10, 2008 14:35:31 Public Works Department FRE $0.001 Engineering Services Division B' Tt 1 Pd $0.00 Nbr-0004276496 rrc/R9/1-3 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December.9, 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 landscaping improvements and release of cash deposit for faithful performance for the Subdivision Agreement (Right-of-Way Landscaping) Drainage Acceptance 05-00052 (cross-reference Subdivision 99- 08331), as recommended.by the Public Works Director, Danville area. (District III) The Public Works Director has notified this Board that the landscaping improvements in Drainage Acceptance 05-00052 have been completed as provided in the Subdivision Agreement (Right-of-Way Landscaping) with Danville Tassajara Partners, LLC, heretofore approved by this Board on March 18, 2008. PE:jc I hereby certify that this is a true and correct copy G:\EngSvc\BO\2008\12-9\DA05-00052 BO-45.docx Originator: Public Works(ES) of an action taken and entered on the minutes of Contact: Monish Sen(313-2187) Recording to be completed by Clerk of the Board the Board of Supervisors on the date shown. cc: Public Works Construction Division P.Ed a ,M&T Lab ATTESTED: '/A f7�6G� 0 9, iP -P.Edwards,Engineering Services Engeo,Inc. DAVID TWA, Clerk of the Board of Supervisors Wendt GHAD Manager 2110 Crow Canyon Place,Suite 25o and County Administrator San Ramon,CA 94583 Attn:Uri Eliahu Danville Tassajara Partners,LLC 6121 Bollinger Canyon Road,Suite 500 By , Deputy San Ranson,CA 94583 1101, Attn:Brian Olin Arch Insurance Company 135 North Los Robles Avenue,No.825, Pasadena,CA 91101 RESOLUTION NO.2008/ i .`y SUBJECT:,' Accepting completion of landscaping improvements and release of cash deposit for faithful performance for the Subdivision Agreement (Right-of-Way Landscaping) for Drainage Acceptance 05-00052 (cross-reference Subdivision 99-08331), as recommended by the Public Works Director, Danville area. (District III) DATE: December 9, 2008 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the landscaping improvements have been COMPLETED as of December 9, 2009 thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision .Agreement (Right-of-Way Landscaping): DATE OF AGREEMENT NAME OF BANK/SURETY March 18, 2008 Arch Insurance Company BE IT FURTHER RESOLVED the payment (labor and materials) surety for $40,100.00, Bond No. SU5024158 issued by the above surety be RETAINED for the six month lien guarantee period until June 9, 2008, at which.time the Clerk of the Board is AUTHORIZED to release the surety less the amount of any claims on file. BE 'IT FURTHER RESOLVED that the landscaping improvements have been ACCEPTED as COMPLETE. The developer, Danville Tassajara Partners, LLC, shall retain the landscaping improvements for maintenance and ownership in accordance with the Geologic Hazard Abatement District (GHAD) Plan of Control. BE IT FURTHER'RESOLVED that there is no warranty period required, and the Public Works Director is AUTHORIZED to refund the $1,000.00 cash security for performance (Auditor's Deposit Permit No. 493946,dated December 6, 2007) plus interest in accordance with Government Code Section 53079, if appropriate, to Danville Tassajara Partners, LLC pursuant to the requirements of the County Ordinance Code, and the Subdivision Agreement (Right-of-Way Landscaping) and surety bond, Bond No. SU5024158, datedJanuary 23, 2008, are exonerated. RESOL UTION NO. 2008/fK5'