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Home My WebLink AboutMINUTES - 10142008 - C.4 I rTO: BOARD OF SUPERVISORS E sl c - Contra FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR Costa limen S DATE: October 14, 2008 County Sra'coax SUBJECT: Accepting completion of warranty period and relea a of cash deposit for faithful performance, Park Acceptance 05-00023, San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2008/ `70e accepting completion of warranty period and release of cash deposit for faithful performance for the Subdivision Agreement (Right-of-Way Landscaping), for Park Acceptance 05- 00023 (cross-reference Subdivision 04-08923), Fire Truck Park, for project being developed by Windemere BLC Land Company, LLC, as recommended by the Public Works Director, San Ramon (Dougherty Valley) area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The landscape improvements have met the,guarantee performance standards for the warranty period following completion and acceptance of landscape improvements. CONSEQUENCES OF NEGATIVE ACTION: Developer will not receive a refund of their cash deposit, the Subdivision Agreement (Right-of-Way Landscaping) and surety bond will not be exonerated, and the billing account will not be closed and liquidated. Continued on Attachment: SIGNATURE: le� _RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE gAPPROVE —OTHER SIGNATURE(S): %X()LI� ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VO�E OF SUPERVISORS I hereby certify that this is a true and correct �✓/ UNANIMOUS(ABSENT ) AYES: NOES: copy of an action taken and entered on the ABSENT: ABSTAIN: minutes of the Board of Supervisors on the PEJc date shown. _ G:\EngSvc\BOV2008\10-14\PA 05-00023 BO-60A FORM.docx Originator:Public Works(ES) Contact: M.Sen(313-2187) cc: Public Works -M.Valdez. Lab CoATTESTED:6AAio -Construction G 21-1/moi` -B.Balangan,Engineering Services DAVID TWA -P.Edwards,Engineering Services DA , Clerk of the Board of Current Planning,Department of Conservation and Development Supervisors and County Administrator C.Low,City of San Ramon 2222 Camino Ramon,San Ramon,CA 94583 Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road,Ste.500 San Ramon,CA 94583 Attn:Brian Olin By , Deputy Arch Insurance Company 135 N.Robles Ave.,#825 Pasadena,CA 91101 Attn:Jeri Apodaca r THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 14, 2008 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA,PIEPHO AND BONILLA, NOES: NONE ABSENT; SUPERVISOR GLOVER ABSTAIN: NONE i- —- RESOLUTION NO. 2008/ C SUBJECT: Accepting completion of warranty period and release of cash deposit for faithful performance for the Subdivision Agreement (Right-of-Way Landscaping), for Park Acceptance 05-00023 (cross-reference Subdivision 04-08923), Fire Truck Park, for project being developed by Windemere BLC Land Company, LLC, as recommended by the Public Works Director, San Ramon (Dougherty Valley) area. (District III) On August 7, 2007, this Board resolved that the landscape improvements in Park Acceptance 05-00023 (cross-reference Subdivision 04-08923) were completed as provided in the Subdivision Agreement (Right-of-Way Landscaping) with Windemere BLC Land Company, LLC, and now on the recommendation of the Public Works Director; The Board hereby FINDS that the landscape 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 $4,200.00 cash deposit (Auditor's Deposit Permit No. 451038, dated September 12, 2005) plus interest to Windemere BLC Land Company, 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 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. SU 5015801, dated July 13, 2005, issued by Arch Insurance Company, are exonerated. PBjc I hereby certify that this is-a true and correct copy of GAEngSvc\13O\2008\I0-14\PA 05-00023 BO-60A FORM.docx an action taken and entered on the minutes of the Originator: Public Works(ES) Contact: M.Sen Works-M.V) Board of Supervisors on the date shown. cc: Public Works-M.Valdez,M&T Lab � p -Construction -B.Balangan,Engineering Services �/n�� y- e -Pvation Edwards.ndDevel Pring Services ATTESTED: 6M;6�4're % zd4,p Current Planning,Department of Conservation and Development C.Low,City of San Ramon 2222 Camino Ramon,San Ramon,CA 94583 DAVID TWA, Clerk of the Board of Supervisors Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road,Ste.500 and County Administrator - San Ramon,CA 94583 Attn:Brian Olin Arch Insurance Company 135 K Robles Ave.,#825 Pasadena,CA 91101 By ,Deputy Attn:Jeri Apodaca RESOLUTION NO.2008/-Ik&