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HomeMy WebLinkAboutMINUTES - 02262008 - C.16 TO: BOARD OF SUPERVISORS = ,� ` -'` . Contra FROM: MAURICE M. SH1U PUBLIC WORKS DIRECTOR Costa DATE: February 26, 2008 =' '.'�Ak ��-- County ,srA-cciuK`� SUBJECT: Accept completion of warranty period and release of cash deposit for faithful performance, Subdivision 03-08738, Martinez (Pacheco) area. (District II) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2008/13 ( for Subdivision 03-08738, accepting completion of warranty period and release of cash deposit for faithful performance,for project being developed by Davni Development,LLC,Martinez (Pacheco) area. (District II) 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 Subdivision Agreement will not be exonerated,and the billing account will not be closed and liquidated. Continued on Attachment: ✓ SIGNATURE: _RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE P/APPROVE THER SIGNATURE(S): ACTION OF BOA DON o APPROVED AS RECOMMENDED_ OTHER VOTE OF SUPERISORS UNANIMOUS(ABSENT 1 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 G:\EngSvc\BO\2008\02-26\BO-60 SD 03-8738.doc date shown. Originator: Public Works(ES) Contact: i'.Ric(313-1363) I.D.58-2678988 J O cc: Public Works M.Valdez,M&T Lab ATTESTED: 0 / Construction JOHN CULLEN Clerk of the Board of D.Spinale,Engineering Services Current Planning,Community Development Supervisors and County Administrator Davni Development,LLC 18 Hillside Court Berkeley,CA 94704 Attn:David Margcn By , Deputy American Contractors Indemnity Company 625 The City Drive,Suite 305 Orange,CA 92868 Attn:Julia B.Leonard THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA _Adopted_this-Resolution on_Eebruarv.26. 20.0.8.-bv the-following vote: AYES: Gioia, Uilkema, Pieplio, Bonilla and Glover i NOES: None ABSENT: None ABSTAIN: None j /FSOL.UTION NO. 2008/ �3 CD SUBJECT: Accepting completion of warranty period and release of cash deposit for faithful performance, Subdivision 03-08738, Martinez.(.Pacheco) area. (District II) On September 19,2006,this Board resolved that the improvements in Subdivision 03-08738 were completed as provided in the Subdivision Agreement with Davni Development,LLC 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 andl acceptance.NOW THEREFORE BE IT RESOLVED that the Public Works Director is AUTHORIZED to: • REFUND the $3,521.31 cash deposit(Auditor's Deposit Permit No. 422631, dated April 8, 2004) plus interest to Davni Development, LLC in accordance with Government Code Section 53079(if appropriate),Ordinance Code Section 94-4.406, and the subdivision agreement. BE IT FURTHER RESOLVED that the warranty period has been completed and the Subdivision Agreement and surety bond, Bond No. 174010, dated August 3, 2006, issued by American Contractors Indemnity, are exonerated. US:vz I hereby certify that this is a true and correct copy of an (i:\CngSvc\1301.2008\02-26\BO-60 SU 03-8738.doc action taken and entered on the minutes of the Board of Originator: Public Works(LS) Supervisors oh the date shown. Contact: T.Rie(313-2363) I.U.58-2678988 cc: Public Works M.Valdez,M&T lab Construction -D.Spinate,Engineering Services ATTESTED: :. ©!�/ Current Planning,Community Development JOHN CULLEN, Clerk of the oard of Supervisors and Davni Development;LLC 18 hillside Court County Administrator Berkeley,CA 94704 Attn:David Margen American Contractors Indemnity Company 625 The City(hive.Suite 305 By QL eputy Orange,CA 92868 Attn:Julia B.Leonard RESOLUTION NO.2008/ t 3