HomeMy WebLinkAboutMINUTES - 10142008 - C.5 TO: BOARD OF SUPERVISORS se L,.o Contra
FROM: NLIA R. BUEREN,
iIRgE - , Costa
PUBLIC
DATE: October 14, 2008 County
a'coont;
SUBJECT: Accepting completion of warranty period and release of cash deposit for faithful performance
for the Subdivision Agreement (Right-of-Way Landscaping), Road Acceptance 04-01158,
Danville area. (District III)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2008/ 6 7f accepting completion of warranty period and release of cash deposit for
faithful performance for the Subdivision Agreement (Right-of-Way Landscaping), for Road Acceptance 04-
01158 (cross-reference Subdivision 99-08381), for project being developed by Shapell Industries of Northern
California, a Division of Shapell Industries, Inc., a Delaware Corp., as recommended by the Public Works
Director, Danville 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 the landscape improvements.
CONSEQUENCES OF NEGATIVE ACTION:
Developer will not receive a refund of their cash bond, the Subdivision Agreement(Right-of-Way Landscaping)
and surety bond will not be exonerated and the billing account will not be liquidated and closed.
Continued on Attachment. SIGNATURE..
RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
APPROVE —OTHER
SIGNATURE (S):
ACTION OF BOARD ON D v " APPROVED AS AECOMMENDED OTHER
VOI E OF SUPERVISORS I hereb certthat this is a true and correct
✓ UNANIMOUS(ABSENT�) y fi
AYES: NOES: copy of an action taken and entered on the
ABSENT: ABSTAIN: minutes of the Board of Supervisors on the
PE:je date shown.
G:\EngSvc\BO\2008\IO-14\RA 04-01158 BO-60A FORM.docx
Originator: Public Works(ES)
Contact: Monish Sen(313-2187)
cc: Public Works -M.Valdez,M&T Lab
-Construction ATTESTED: f aZ'!Le,Y Z,6 .2si
-P.Edwards,Engineering Services DAVID TWA, Clerk of the Board of
Current Planning,Department of Conservation and Development
Shapell Industries of Northern California Supervisors and County Administrator
100 N.Milpitas Blvd.,Milpitas,CA 95035
National Fire Insurance Company of Hartford
2355 East Camelback Road,Suite 500
Phoenix,AZ 85016
Attn:Pamela Stocks By , Deputy
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
RESOLUTION NO. 2008/ G��
SUBJECT: Accepting completion of warranty period and release of cash deposit for faithful
performance for the Subdivision Agreement (Right-of-Way Landscaping), Road
Acceptance 04-01158, (cross-reference Subdivision 99-08381) for project being
developed by Shapell Industries of Northern California, a Division of Shapell
'Industries, Inc., a Delaware Corp., as recommended by the Public Works
Director, Danville area. (District III)
On May 6, 2008, this Board resolved that the landscape improvements in Road
Acceptance 04-01158 (cross-reference Subdivision 99-08381) were completed as provided in the
Subdivision Agreement (Right-of-Way Landscaping) with Shapell Industries of Northern
California, 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 landscaping 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 $9,400.00 cash deposit (Auditor's Deposit Permit No. 467997,
dated July 27, 2006) plus interest to Shapell Industries of Northern California, a
Division of Shapell Industries, Inc., a Delaware Corp. 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 (Right-of-Way Landscaping) and surety bond, Bond No. 929 390 920,
dated July 3, 2006, issued by National Fire Insurance Company of Hartford, are exonerated.
PE:;c I hereby certify that this is a true and correct copy of an
G:\EngSvc\BO\2008\I0-14\RA 04-01158 BO-60A FORM.docx action taken and entered on the minutes of the Board of
Originator:Public Works(ES)
Contact: Monish sen(313-2187) Supervisors on the date shown.
cc: Public Works -M.Valdez,M&T Lab
-Constmrds, 6 r/G✓/�/�e
-P.Edwards,Engineering Services ATTESTED: F/�/J(/y ! !/�
Current Planning,Department of Conservation and Development
Shapell Industries of Northern California DAVID TWA Clerk of the Board of Supervisors and
100 N.Milpitas Blvd.,Milpitas,CA 95035 County Administrator
National Fire Insurance Company of Hartford -
2355 East Camelback Road,Suite 500
Phoenix,AZ 85016 By t/ , Deputy
Attn:Pamela Stocks T .
RESOLUTION NO.2008/_J�&