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HomeMy WebLinkAboutMINUTES - 02122008 - C.3 (4) J _(7• Lf TContra BOARD OF SUPERVISORS -— -_; ,, FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR o Costa DATE: February 12, 2008 County rA-covK`t( SUBJECT: Accept Completion of Warranty Period and Release of Cash Deposit for faithful performance and declaring Charbray Street as a County road, Road Acceptance 04-01159 (cross-reference Subdivision 99-08381), for project being developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., Danville area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2008/ for Road Acceptance 04-01159 (cross-reference Subdivision 99-08381), accepting Completion of Warranty Period and Release of Cash Deposit for faithful performance and declaring Charbray Street as a County road, for project being developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., Danville 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: The developer will not receive a refund of their cash deposit,the performance/maintenance surety bond will not be exonerated and the billing account will not be closed and liquidated. Continued on Attachment: ✓ SIGNATURE: I' VA' ECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE PPROVE OTHER r SIGNATURES ACTION OF BO ON / Z10 O APPROVED AS RECOMMENDED OTHER vow OF SUPER SOBS I hereby certify that this is a true and correct UNANIMOUS(ABSENT ) copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: BB:vz date shown. G:\EngSvc\BO\2008\02-12\BO-59 RA 04-1159.doc Originator. Public Works(ES) Contact: T.Ric(313-2363) Tax I.D.95-2578030 cc: Public Works -Accounting Maintenance ATTESTED: Construction Current Planning,Community Development JOHN CULLEN, Clerk ofYe Board of Sheriff CHP Supervisors and County Administrator CSAA-Cartog Shaper.Homes 100 N.Milpitas Blvd,Milpitas,CA 95035 Attn:S.Worden Lori Stritt(via fax(925)735-8149) National Fre Insurance Company of Hartford By_ , Deputy 2355 E.Camelback Road,Suite 500,Phoenix,AZ 85016 Attn:Gina O'Shea THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on February 12, 2008 by the following vote: AYES: Gioia, Uilkema, Piepho, Bonilla, and Glover NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2008/ i7t SUBJECT: Accepting Completion of Warranty Period and Release of Cash Deposit for faithful performance and declaring Charbray Street as a County road, Road Acceptance 04- 01159 (cross-reference Subdivision 99-08381), for project being developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., Danville area. (District III) On December 5,2006,this Board resolved that the improvements for Road Acceptance 04- 01159 (cross-reference Subdivision 99-08381) were completed as provided in the Road Improvement Agreement 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. Therefore, IT IS BY THE BOARD RESOLVED that the Public Works Director is AUTHORIZED to: k • REFUND the$17,400.00 cash deposit(Auditor's Deposit Permit No.447937,dated July 14, 2005)plus interest in accordance with Government Code Section 53079, if appropriate, to Shapell Homes, pursuant to the Road Improvement Agreement and Ordinance Code Section 94-4.406. BB:vz I hereby certify that this is a true and correct copy of an action G:\EngSvc\BO\2008\02-12\BO-59 RA 04-1159.doc taken and entered on the minutes of the Board of Supervisors Originator: Public Works(ES) on the date shown. Contact: T.Rie(313-2363) Tax I.D.95-2578030 cc: Public Works Accounting �s Maintenance ATTESTED: �`t�Yt.LeZ / /e2, 'Z.0mk Construction Current Planning,Community Development JOHN CULLEN,Clerk of the bard of Supervisors and Sheriff County Administrator CHP CSAA-Cartog Shapell Homes 100 N.Milpitas Blvd By ,Deputy Milpitas,CA 95035 Attn:S.Worden Lori Stritt(via fax(925)735-8149) National Fire Insurance Company of Hartford 2355 E.Camelback Road,Suite 500 Phoenix,AZ 85016 Attn:Gina O'Shea RESOLUTION NO.2008/ 9.2- SUBJECT: Accepting Completion of Warranty Period and Release of Cash Deposit for faithful performance and declaring Charbray Street as a County road, Road Acceptance 04-01159 (cross-reference Subdivision 99-08381), for project being developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., Danville area. (District III) DATE: February 12, 2008 PAGE: 2 BE IT FURTHER RESOLVED that Charbray Street the hereinafter described road,as shown and dedicated for public use on the Final Map of Subdivision 99-08381 filed December 28,2005,in Book 486 of Final Maps at Page 33-48,excepting therefrom a portion of this offer of dedication,3- foot wide area along Charbray Street,at Lusitano Street which was terminated,per Recording Series DOC-2008-0015572-00, filed January 25,2008, Official Records of Contra Costa County, State of California, is ACCEPTED and DECLARED to be a County Road. Road Name Road-R/W Widths Road No. Lengths (Miles) SYS Charbray Street 54'/77-80'R/W 5525CM 0.32 CU NOW THEREFORE BE IT RESOLVED that the warranty period has been completed and the Road Improvement Agreement and surety bond,Bond No. 929348512,dated June 27,2005 are exonerated. RESOL UTION NO. 2008/2