HomeMy WebLinkAboutRESOLUTIONS - 01012004 - 2004-54 _.
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Recorded at the request of: STEM L, MR CClerNleCafOfficerder
Contra Costa County DOC— 200'!
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Board of Supervisors *� �� '
Return to: JAN 28 2004 11:21:42
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THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA
Adopted this Resolution on January 27, 2004,by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE,
RESOLUTION NO.2004/ 54
SUBJECT: Accepting completion ofroad improvements and completion ofwarranty period and
release of cash deposit for faithful performance for the widening of San Pablo Darn
Road,Road Acceptance 1092(cross-reference City of Richmond Subdivision 8184),
El Sobrante area. (District I)
The Public Works Director has notified this Board that the public improvements in Road
Acceptance 1092 have been completed as provided in the Road Improvement Agreement with LBL-
DUC Richmond, L.L.C., heretofore approved by this Board.
JD:rm
G:\GrpData\EngSvc\BO\2004\4I-27-04\RA 1492 B045.doc I hereby certify that this is a true and correct copy of an
Originator: Public Works(ES) action taken and entered on',the minutes of the Board of
Contact: Frank Navarro(313-2264) Supervisors on the date shown.
Recording to be completed by COB
CC. Public Works Accounting,Tax I.D.75-2769842
-M.Valdez,M&T Lab ATTESTED:_ JANUARY 27,! 2004
-T.Bell,Fisc Construction
an JOHN SWEETEN Clerk of the Board of Supervisors and
-H.Finer,Maintenance Div.
-1.Bergeron,Mapping Div. County Administrator
Sheriff-Patrol Div.Commander
CHP,c/o Al
CSAA–Cartog
Current Planning,Community Development
LBL,DUC Richmond,L.L.C. By , Deputy
14107 Winchester Blvd.,Suite H
Los Gatos,CA 95032
American Motorists Insurance Company
411 Borel Avenue,Suite 410
San Mateo,CA 94402
RESOLUTION NO.2004/ 54
SUBJECT: Accepting completion of road improvements and completion of warranty period and
release of cash deposit for faithful performance for the widening of San Pablo Dam
Road,Road Acceptance 1092(cross-reference City of Richmond Subdivision 8184),El
Sobrante area. (District 1)
DATE: January 27, 2004
PAGE: 2
NOW THEREFORE BE IT RESOLVED that the public improvements have been
COMPLETED as of December 2002 thereby establishing the six-month terminal period for the filing
of liens in case of action under said Subdivision Agreement:
DATE OF AGREEMENT NAME OF BANK/SURETY
September 12, 2000 American Motorist Insurance Company
BE IT FURTHER RESOLVED the payment(labor and materials)surety for$212,950.00,Bond
No. 3SM 959 919 00 issued by the above surety was RETAINED for the lien guarantee period ending
January 27,2004, at this time the Clerk of the Board is AUTHORIZED to release the surety less the
amount of any claims on file.
BE IT FURTHER RESOLVED that the widening of San Pablo Dam.Road is ACCEPTED and
DECLARED to be a County road;the right--of-way was conveyed by separate instrument,recorded in
Bonk 412 of Maps at Page 33, Official Records of Contra Costa County, State of California.
BE IT FURTHER RESOLVED that the warranty period was established, and the $4,300.00
cash deposit (Auditor's Deposit Permit No. 341496 , dated November 30, 1999)made by LBL-DUC
Richmond,L.L.C.and the performance/maintenance surety for$421,600.00,Bond No.3SM 959 919 00
issued by American Motorists Insurance Company was RETAINED pursuant to the requirements of
Section 944.406 of the Ordinance Code.
On January 27,2004,this Board resolved that the improvements in Road Acceptance 1092 were
completed as provided in the Subdivision Agreement with LBL-DUC Richmond,L.L.C.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$4,300.00 cash deposit
(Auditor's Deposit Permit No. 341496,dated November 30, 1999)plus interest,ifappropriate,to LBL-
DUC Richmond, L.L.C. in accordance with Government Code Section 53079 and Ordinance Code
Section 94-4.406.
BE IT FURTHER RESOLVED that the warranty period has been completed and the Road
Improvement Agreement and surety bond are EXONERATED.
RESOLUTION NO. 2004/54