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HomeMy WebLinkAboutMINUTES - 10282008 - C. s 11/ ` ,• L TO: BOARD OF SUPERVISORS _�-sE L ° Contra z FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR 's Costa DATE: October 28, 2008 - -` .�y'� County a'cotiKr� SUBJECT: Accept completion of the Improvement Warranty greement and release of cash,.deposit for faithful performance, Road Acceptance 98-01079, ptscoverytBay area(District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): / D ADOPT Resolution No. 2008/ (p 9saccepting completion of the maintenance warranty period and release of cash deposit for.faithful performance, Road Acceptance 98-01079 (cross-reference Subdivision 91-07686), for project being developed by Hofmann Land Development, as recommended by the Public Works Director, :•�; ,t,tt.3tl:�t ` t .'Y.'rF'tilt.i ;Y� 4\ �='f3,E,f;a. Discove.'ry Bay area(Disp IcGIII)', FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The development improvements and five-year maintenance warranty period have been completed. CONSEQUENCES OF NEGATIVE ACTION: The developer will not receive a refund of their cash deposit, the billing account will not be liquidated and closed, and the surety bond will not be exonerated. Continued on Attachment: SIGNATURE: 4&orlae�(4 �� tRECOMMENDATION OF COUNTY ADMINISTRATOR AECOMMENDATION OF BOARD COMMITTEE PPROVE —OTHER SIGNATURE ACTION OF BOARD ON D bG PROVED AS RECO MENDED OTHER vO,T�E OF SUPERVISORS I hereb certify. that this is a true and correct V1// UNANIMOUS(ABSENT YJ��) y AYES: NOES: copy of an action taken and entered on the ABSENT: ABSTAIN: minutes of the Board of Supervisors on the date shown. PE:jc G:\EngSvc\BO\2008\10-28\RA98-01079 BO-60 FORM.docx Originator: Public Works(ES) �� Contact: Monisb Sen,Engineering Services(313-2187) ATTESTED: d)C:/v 6` aA*- Cf!l cc:Current Planning,Department of Conservation and Development DAVID TWA Clerk of the Board of Public Works -M.Valdez,M&T Lab -ConstructionSupervisors and County Administrator -Maintenance -P.Edwards,Engineering Services Hofmann Land Development 1380 Galaxy Way Concord,CA 94520 ByJCA,#Aj#� Deputy Attn:Heidi Alameda St.Paul Fire and Marine Insurance Company One Market Plaza,Spear Street Tower San Francisco,CA 94111 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 28, 2008 by the following vote: AYES: Gioia, Uilkema, Piepho, Bonilla, and Glover NOES: None — — ABSENT: None ABSTAIN: None _ - — — - - - -- — -'--- -- -RESOLUTION NO. 2008/ `fS SUBJECT: Accepting completion of the Improvement Warranty Agreement and release of cash deposit for faithful performance for Road Acceptance 98-01079 (cross-reference Subdivision 91-07686), for project being,develmed, by .Hofmann -Land_ Development, as recommended by the Public Works Director; ' Discovery Bay areaS(D>"strict III). On March 25, 2003, this Board resolved that the improvements for Road Acceptance 98- 01079 (cross-reference Subdivision 91-07686) were completed as provided in the Road Acceptance Agreement with Hofmann Land Development. On June 17, 2003, upon recommendation of the Public Works Director, this Board approved an Improvement Warranty Agreement which established a five-year maintenance period, and now on the recommendation of the Public Works Director; The Board hereby FINDS that the improvements have satisfactorily met the guaranteed performance standards and extended maintenance period following completion and acceptance of the road improvements. 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. 396482, dated November 25, 2002) plus interest to Hofmann Land Development in accordance with Government Code Section 53079 (if appropriate), Ordinance Code Section 94-4.406, and the Improvement Warranty Agreement. BE IT FURTHER RESOLVED that the maintenance warranty period has been completed and the Improvement Warranty Agreement and surety bond, Bond No. JX5786, dated August 6, 2002, issued by St. Paul Fire and Marine Insurance Company, are exonerated. PEjc I hereby certify that this is a true and correct copy G:\EngSvc\BO\2008\10-28\RA98-01079 BO-60 FORM.docx of an action taken and entered on the minutes of Originator: Public Works(ES) the Board of Supervisors on the date shown. Contact: Monish Sen,Engineering Services (313-2187) I) cc:Current Planning,Department of Conservation and Development Public Works -M.Valdez,M&T Lab � � / -Construction ATTESTED: d dfjo&e zo-ef-v -Maintenance -P.Edwards,Engineering Services DAVID TWA, Clerk of the Board of Supervisors Hofmann Land Development 1380 Galaxy Way and County Administrator Concord,CA 94520 Attn:Heidi Alameda St.Paul Fire and Marine Insurance Company By , Deputy One Market Plaza,Spear Street Tower San Francisco,CA 94111 RESOLUTION NO.2008/