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Home My WebLink AboutRESOLUTIONS - 01012003 - 2003-013 4 CONTRA COSTA Co Reorder Office STEPHEN L. WEIR Clerk-Recorder Recorded at the request of: DOC— 200 -0010090.,,,00 Contra Costa County Board of Supervisors Wednesday, JAN 08, 2003 11:03:11 Return to: FRE $9.00 Public Works Department Tt l Pd $0.00 Nbr-0001751755 Engineering Services Division 1 r C/R9/1—4 Records Section THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on January 7, 2003,by the following vete: AYES: SUPERVISORS UILKEMA, GERBER, UESAULNIER, GLOVER, AND GIOIA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2003113 SUBJECT: Accepting completion of private improvements for Minor Subdivision 126-90, Walnut Creek area. (District III) The Board,on September 12, 1995,having approved a subdivision agreement with William H. Bailey and approved extensions to the agreement until September 12, 1998, for construction of certain private improvements in Minor Subdivision 126-90(Monticello Drive/Deerfield Lane area), Walnut Creek area. PE:cw I hereby certify that this is a true and correct copy of an action G:rGzpData\EngSve1I3o12002`1-07-03\MS 126-90 Bo-45.doc Originator: Public Works(ES) taken and entered on the minutes of the Board of Supervisors on Contact: Rich Lierly(313-2348) the date shown. CC Public Works Accounting -T.Bell,Construction Div. ATTESTED: JANUARY 07, 2003 P.Edwards,Engineering Services JOHN SWEETEN Clerk of the Board of Supervisors and M.Valdez,M&T Lab p -Maintenance Div. County Administrator I.Bergeron,Mapping Div. Recorder(via Clerk),then PW Engineering Services Sheriff-Patrol Div.Commander CLIP,c%AI By__. �' ,Deputy CSAA—Cartog William H.Bailey 2 Deerfield Lane Walnut Creek,CA 94596 Indemnity Company of California 17780 Pitch Irvine,CA 92714 Rick Bemado Construction P.O.Box 7009-131 Lafayette,CA 94549 RESOLUTION NO.2003/ 13 SUBJECT: Accepting completion of private improvements for Minor Subdivision 126-90, Walnut Creek area. (District III) DATE: January 7, 2003 PAGE: 2 The Board,on December 1, 1998,having authorized the Public Works Director to arrange for completion of improvements and having authorized the use of the $1,000 cash deposit (Auditor's Deposit Permit No. 265492, dated August 15, 1995) made by Rick Bernado Construction to help defray the County's costs. NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of January 7, 2003. BE IT FURTHER RESOLVED that there is no warranty period required and the surety bond is EXONERATED. BE IT FURTHER RESOLVED that there is no warranty period required and the Public Works Director is AUTHORIZED to use the cash bond (Auditor's Deposit Permit No. 265492, dated August 15, 1995)made by Rick Bernado Construction to pay the Public Works Department for reimbursement of outstanding charges as approved by Board Order dated December 1,1998. RESOLUTION NO. 2003/13 C voto THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on December 1, 1998,by the following vote: AYES: Supervisors Uilkerna, Gertner, DeSaulnier, Canciamilla and Rogers NOES: None ABSENT: None ABSTAIN: None SUBJECT: Authorizing the Public Works Director to Arrange for Completion of Improvements, and Authorizing County Counsel to Secure Funds for Completion of Improvements,Subdivision MS 126-90,Lafayette area. The Board on September 12, 1995, having approved a subdivision agreement with William H. Bailey and approved extensions to the agreement until September 12, 19A#, for construction of certain improvements in Subdivision MS 126-90,Lafayette area. 9$ The Public Works Director having reported that the developer has failed to satisfactorily complete the work as required by said agreement. The Public Works Director having further recommended that he be authorized to arrange for completing the work(estimated to be$65,000,plus the cost of preparing plans and specifications,solicitation of bids,administering the contract,and any cost involved in recovering monies from Indemnity Company of California(Bond No. 1692990 S in the amount$64,000 for faithful performance),using the$1,000 cash deposit(Auditor's Deposit Permit No.265492,dated August 15, 1995)made by Rick Bernado Construction to help defray the County's cost. The Public Works Director having further reported that the County cannot fiord the construction of said improvements without first obtaining monies from the surety or financial institution securing the agreement,and recommends that County Counsel be authorized to proceed against the subdivider and the corporate surety bond dated August 9, 1995, and issued by Indemnity Company of California(Bond No. 1692990 S)in the amount$64,000 for faithful performance to make the funds available to complete said improvements and to defray County's cost incurred in securing said funds. IT IS BY THE BOARD ORDERED that the recommendations of the Public Works Director are APPROVED. RL:IC:mw G:1GtpDatalFasgSvc18011998\B0 12-1-98.doc I hereby certify that this is a true and correct Originator;Public Works(ES) copy of an action taken and entered on the Contact: Ricb Lierly(313-2348) minutes of the Board of Supervisors on the cc: Public Works -Accounling date shown. R.Bruno,Construction J.Millar,Construction ATTESTED: Administrator wig„ PHIL BATCHE10:1, Cl: 1 . i Me board Auditor-CoaWler of Supervisors and County Adininistrator County Couuaei William K Bailey,2 DeerStid Lane,Walnut Creels,CA 94596 B , Deputy lndenmity Company of California,17780 Fitch,ovine,CA 92714 Rick Bernado Construction,P.O.Box 7009131,Lafayette,CA 94549 i'Public `Works De artme`n J.Michael OV rd Contra p Public Works Director r?rectae Costa 255 Glacier Drive Martinez, California 94553-4897 Milton F. Kubicek CountyFAX: -Engineering FA}{: {510)313-2333 Telephone: (510)313.2000 Patricia R.McNamee February 11, 1999 Deputy•Operations Maurice M.Shiu Deputy•Transportation S.Clifford Hansen Victor Nava Deputy-Administration Indemnity Company of California 17780 Fitch Irvine, CA 92714 .FILE: MS 126-90 Dear Mr. Nava: Thank you for your telephone call today bringing to my attention the error in the Subdivision Agreement expiration date regarding MS 126-90, as passed by the Board of Supervisors on the December 1, 1998 agenda(enclosed). As you pointed out, in paragraph one the Board Order erroneously states that the Subdivision Agreement with Mr. William H. Bailey for Minor Subdivision 126-90 has approved extensions until September 12, 1999. This, of course, would mean that the agreement was still current. The correct date of expiration should have been stated as September 12� 1998. A review of the file shows that the Second Subdivision Agreement Extension expired September 12, 1998 (See enclosed). A third extension form was sent to Mr. Bailey to extend the expiration date to September 12, 1999; however, it was never executed, which is the reason for said Board Order. I will notify the appropriate parties of this error. Very trul Assoc e Civil Engineer Engineering Services Division (510) 313-2348 RL:JC:mw G:\GrpData\FngSvc\RICM1999\F'ebruary\MS 126-90.doc Enclosures cc: H.Ballenger,Engineering Services M.Morton,Engineering Services R.Bruno,Construction J.Millar,Construction Design Accounting County Administrator Auditor-Controller County Counsel William R.Bailey,2 Deerfield Lane,Walnut Creek,.CA 94596 Indernnity Company of California,17780 Fitch,Irvine,CA 92714 Rick Bernado Construction,P.O.Box 7609-131,Lafayette,CA 94549