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HomeMy WebLinkAboutMINUTES - 04172007 - C.5 � . j SE L '---�_ O� TO: BOARD OF SUPERVISORS ., Contra FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR Cost DATE: April 17, 2007 r�~~k Count SUBJECT: Accept completion of warranty period and release of cash deposit for faithful performance,Road Acceptance 95-01032 (Norris Canyon Road) (cross-reference Subdivision 91-07578), for project being developed by Toll Brothers, Inc., San Ramon area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2007/,0206 for Road Acceptance 95-01032 (Norris Canyon Road) (cross-reference Subdivision 91-07578), accepting completion of warranty period and release of cash deposit for faithful performance, for project being developed by Toll Brothers, Inc., San Ramon area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The improvements have met the guarantee performance standards for the warranty period following completion and:':' acceptance of improvements. CONSEQUENCES OF NEGATIVE ACTION: The developer will not receive a refund of their cash deposit, the road improvement agreement and performance/maintenance surety bond will not be exonerated, and the billing account will not be closed and liquidated. Continued on Attachment: t/ SIGNATURE: - _4CECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE /APPROVE OTHER r SIGNATURES ACTION OF B A ON Y / a APPROVED AS RECOMMENDED OTHER:' VO OF SUP R SORS '' UNA OUS(ABSENT I hereby certify that this is a true and correct. AYES: NOES: copy of an action taken and entered on the ABSENT: ABSTAIN: minutes of the Board of Supervisors on the SG:vz G:\EngSvc\BO\2007\04-17\BO-60 RA 95-1032.doc date shown. originator: Public Works(ES) Contact: S.Gospodchikov(313-2316) I.D.23-2417123 s cc: Public Works M.Valdez,M&T Lab ATTESTED: 10� .rll4 °A'9 A.Bell,Construction JOHN CULLE , Clerk of the Board of C.Mills,Current Planning,Community-Development , Toll Brothers,Inc. Supervisors and County Administrator 4451 Chancery Lane Dublin,CA 94568 Attn:Dennis Gerber National Fire Insurance Company of Hartford CNA Plaza,333 S,Wabash By , Deputy Chicago,IL 60685 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on April 17, 2007 by the following vote: AYES: Gioia,Uilke,na; Bonilla, Glover and Pieplio NOES: None ABSENT: None ABSTAIN: None - - -- - RESOLUTION NO. 20071ptdly SUBJECT: Accepting completion of warranty period and release of cash deposit for faithful performance, Road Acceptance 95-01032 (Norris Canyon Road) (cross-reference Subdivision 91-07578), for project being developed by Toll Brothers, Inc., San Ramon area. (District III) On January 28, 2003, this Board resolved that the improvements for Road Acceptance 95- 01032 (cross-reference Subdivision 91-07578) were completed as provided in the Road Improvement Agreement with Toll Brothers, Inc. 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$28,300.00 cash deposit(Auditor's Deposit Permit No. 318564;dated August.18, 1998) plus interest (less overages) to Toll Brothers, Inc. 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 Road Improvement Agreement for Road Acceptance 95-01032 (cross-reference Subdivision 91-07578) and the performance/maintenance surety bond and rider for $420,000.00, Surety Bond No. 190402336, issued by National Fire Insurance Company of Hartford, are exonerated. sG:vz I hereby certify that this is a true and correct copy of an G:\EngSvc\BO\2007\04-17\BO-60 RA 95-1032.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.23-2417123 cc: Public Works M.Valdez,M&T Lab Y A.Bell,Construction 160111 / C.Mills,Current Planning,Community Development ATTESTED: Toll Brothers,Inc. JOHN CULLEN;berkbf the Board of Supervisors and 4451 Chancery Lane Dublin,CA 94568 County Administrator Attn:Dennis Gerber National Fire Insurance.Company of Hartford CNA Plaza,333 S,Wabash Chicago,IL 60685 By i , Deputy RESOLUTION NO.2007/