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HomeMy WebLinkAboutAGENDA - 06122007 - C.3 c3 TO: BOARD OF SUPERVISORS Contra� �, � n. FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR Costa DATE: June 12, 2007 U srt COUNT County SUBJECT: Accept completion of warranty period and release of cash deposit for faithful performance,Minor Subdivision 01-00021, for project being developed by Withers Properties, LLC, Lafayette area. (District II) SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2007/ for Minor Subdivision 01-00021, accepting completion of warranty period and release of cash deposit for faithful performance, for project being developed by Withers :Properties, LLC, Lafayette area. (District II) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR R.ECOMMENDATION(S): The improvements have met the guarantee performance standards for the warranty period following completion and acceptance of improvements. CONSEQUENCES OF NEGATIVE ACTION: Developer will not receive a refund of their cash deposit, the performance/maintenance surety bond will not be exonerated, and the billing account will not be closed and liquidated. _ J Continued on Attachtnent:_L,�� SIGNATURE:_iZ "'�� RECOMMENDATION OF COUN'T'Y ADMINISTRATOR _ RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S)-::I , ACTION OF BO ON 4 APPROVED AS RECOMMENDED OTHER v0y OF SUPE SSOaS 'i/ ' I hereby certify that this is a true and correct UNANIMOUS(ABSENT ,1�► ) AYES: NOES: copy of an action taken and entered on the ABSENT: ABSTAIN: minutes of the Board of Supervisors on the LC:vz G:\EngSvc\130t2007\06-12\BO-60 MS 01-0021.doc date shown. Originator: Public Works(ES) Contact: S.Gospodchikov(313-2316) I.D.02-0630462 cc: Public Works -M.Valdez,M&'I'Lab ATTESTED: A.Bell,Construction JOHN CULL , Clerk of the Board of L.Cardinet,Engineering Services Curtmit Planning,Community Development Supervisors and County Administrator Withers Properties,LLC 10 liana Terrace Lafayette,CA 9449 Indemnity Company of California 17780 Fitch,Suite 200 By , Deputy Irvine,CA 92014 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on June 12, 2007 by the following vote: AYES: • S.l[PERVISORS GIOIA, BONILLA:,GLOVER.PIEPHO NO:. 'NON'E ABSENT:'SUPERVISOR UILKEMA ABSTAIN: NONE -. RESOLUTION NO. 2007/30 y SUBJECT: Accepting completion of warranty period and release of cash deposit for faithful perforniance, Minor Subdivision 01-00021, for project being developed by Withers Properties, LLC, Lafayette area. (District II) On April 25, 2006, this Board resolved that the improvements in Minor Subdivision 01- 00021 were completed as provided in the Subdivision Agreement with Withers Properties,LLC and now on the recommendation of the Public Works Director; The Board hereby FIlVDS 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 S2,132.00 cash deposit(Auditor's Deposit Pen-nit No. 424531, dated May 13, 2004) plus interest to Withers Properties, 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 the warranty period has been completed and the Subdivision Agreement and surety bond, Bond No. 5666635, dated September 9, 2005, issued by Indemnity Company of California, are exonerated. LC:vz I hereby certify that this is a true and correct copy of an G:\I:n`:Svc\130\2007\06-12\130-60 MS 01-0021.doc action taken and entered on the minutes of the Board of originator: Public Works(ES) Supervisors on the date shown. Contact: S.Gospodchikov(313-2316) I.D.02-0630462 cc: Public Works M.Valdez,M&T lab A.Bell,Construction L.Cardinet,Engineering Services ATTESTED: /ki .2,w Current Planning,Community Development JOHN CULLE Clerk of the Board of Supervisors and Withers Properties,LLC ' 10 Tiana Terrace County Administrator latayette,CA 94549 Indemnity Company of Califomia 17780 Pitch,Suite 200 Irvine,CA 92614 By , Deputy RESOLUTION NO.2007/ 30