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HomeMy WebLinkAboutMINUTES - 02052008 - C.5 slr. TO: ' BOARD OF SUPERVISORS �� - -'` Contra FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR o, Costa DATE: February 5 2008 o' , Spq-Co County SUBJECT: Accepting completion of warranty period and release of cash deposit for faithful performance, Subdivision 92-07713, for project being developed by Bay Point Partners, LLC, Bay Point area. (District V) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): O ADOPT Resolution No. 2008/ fell, for Subdivision 92-07713, accepting completion of warranty period and release of cash deposit for faithful performance,for proj ect being developed by Bay Point Partners,LLC,Bay Point area. (District V) 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 and Letter of Credit will not be exonerated and the billing account will not be closed and liquidated. Continued on Attachment:-Ae�SIGNATURE: ECOMMENDATION OF COUNTY ADMINISTRATOR _RE COMMENDATION OF BOARD COMMITTEE PPROVE OTHER r SIGNATURES ACTION OF BOW ON APPROVED AS RECOMMENDED OTHER VO OF SUPE ISORS UNANIMOUS(ABSENT /1/40794/ ) 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 LB:vz G:\EngSvc\BO\2008\02-05\BO-60 92-7713.doc date shown. Originator: Public Works(ES) Contact: T.Rie(313-2363) I.D.20-2271398 cc: Public Works M.Valdez,M&T Lab ATTESTED: -Q-�'�1 T.Rie,Engineering JOHN CULLEN, Clerk of the Board of -T.Rie,Engineering Services Current Planning,Community Development Supervisors and County Administrator Bay Point Partners,LLC 2862 Victoria Ridge Court Pleasanton,CA 94566 Attn:Paul Winkler Diablo Valley Bank By , Deputy 300 Main Street Pleasanton,CA 94566 Attn:William Keller THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on February 5, 2008 by the following vote: AYES: Gioia, Uilkema, Piepho, Bonilla, and Glover NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2008/ �Z SUBJECT: Accepting completion of warranty period and release of cash deposit for faithful performance, Subdivision 92-07713, for project being developed by Bay Point Partners, LLC, Bay Point area. (District V) On October 10, 2006, this Board resolved that the improvements in Subdivision 92-07713 were completed as provided in the Subdivision Agreement with Bay Point Partners,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 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. 469469, dated August 24, 2006) plus interest to Bay Point Partners, 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 Letter of Credit No. 1017, dated September 8, 2006, issued by Diablo Valley Bank, are exonerated. LB:vz I hereby certify that this is a true and correct copy of an G:\EngSvc\BO\2008\02-05\BO-60 92-7713.doc action taken and entered on the minutes of the Board of Originator: Public Works(ES) Supervisors on the date shown. Contact: T.Rie(313-2363) I.D.20-2271398 cc: Public Works M.Valdez,M&T Lab Construction T.Rie,Engineering Services ATTESTED: Current Planning,Community Development JOHN CULLEN, Clerk oft e Board of Supervisors and Bay Point Partners,LLC 2862 Victoria Ridge Court County Administrator Pleasanton,CA 94566 Attn:Paul Winkler Diablo Valley Bank 300 Main Street Pleasanton,CA 94566 By—�- , Deputy Atm:William Keller pp RESOLUTION NO.2008/ y"Z