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MINUTES - 04152008 - C.5
} /sti ` Contra TO: BOARD OF SUPERVISORS � /�'_�f'•� rte, _\ A . FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR Costa �4 DATE: April 15, 2008 s County SUBJECT: Accept completion of warranty period and release of cash deposit for faithful performance for the Subdivision Agreement (Right-of-Way Landscaping), Road Acceptance 01-01122 (cross- reference Subdivision 99-07984), San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUES'I'(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICAI-ION RECOMMENDATION(S): ADOPT Resolution No. 2008/ZS7 for Road Acceptance 01-01122 (cross-reference Subdivision 99-07984), accepting completion of warranty period and release of cash deposit for faithful performance for the Subdivision Agreement (Right-of-Way Landscaping), for project being developed by Shapell Industries of Northern California, a Division of Shapell Industries, Inc., San Ramon (Dougherty Valley) area. (District 111) 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:_,,-< SIGNATURE: _ COMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE PROVE OTHER SIGNATURES ACTION OFB A DON APPROVED AS RECOMMENDED _OTHER VgTE OF SUP ISORS tX— UNANIMOUS(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 LL:vz G:\EngSvc\BO\1008,04-15\BO-60ARA 01-1122.docx date shown. Originator: Public Works(ES) Contact: T.Ric(313-:363) . I.D.95-2578030 cc: Public Works -M.Valdez.M&T lab -Construction �/1 -, Bergeron,sapping ATTESTED: O o � -D.Spinale,Engineering Services Current Planning,Community Development JOHN CULLEN, Clerk of the Board of C Low.City of San Ramon 2222 Can,v,o Ranx,n,San Ramon,CA 94583 Superv' and County Administrator Shapell Industries of Northern California 100 N.Milpitas Blvd Milpitas,CA 95035 • Attn:Steve Savage,Jim Gold and Sam Worden Via Far(Lori Slnit(925)735-7822) National Fire Insurance Company of Ilanford By eputy 2355 E.Cat 11' Road,Suits 500 Phoenix,A7- 85016 Attn:Pamela Stocks THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on April 15, 2008 by the following vote: AYES: Gioia,Uilkema,Piepho,Bonilla&Glover NOES: none ABSENT: none ABSTAIN: none RESOLUTION NO. 2008/2S� SUBJECT: Accepting completion of warranty period and release of cash deposit for faithful performance for the Subdivision Agreement (Right-of-Way Landscaping), Road Acceptance 01-01122 (cross-reference Subdivision 99-07984), San Ramon. (Dougherty Valley) area..(District III) On December 12', 2006, this Board resolved that the landscape improvements in Road Acceptance 01-01122 (cross-reference Subdivision 99-07984) were completed as provided in the Subdivision Agreement (Right-of-Way Landscaping) with Shapell Industries of Northern California, a Division of Shapell Industries, 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 $19,800.00 cash deposit (Auditor's Deposit Permit No. 391840, dated August 22, 2002) plus interest to Shapell Industries of Northern California in accordance with Government Code. Section 53079 (if appropriate), Ordinance Code Section 94-4.406, and the subdivision agreement. BE IT FURTHER RESOLVED that upon completion of the warranty and maintenance period, the San Ramon City Council shall accept the landscape improvements for maintenance in accordance with the Dougherty Valley Memorandum of Understanding. BE IT FURTHER RESOLVED that the warranty period has been completed and the Subdivision Agreement (Right-of-Way Landscaping) and surety bond, Bond No. 929247989, dated August 14, 2002, issued by National Fire Insurance Company of Hartford, are exonerated. LL:vz I hereby certify that this is a true and correct copy of an Or!finator: 2008\Od-IS\BO-ti0ARA01-1122docx action taken and entered on the minutes of the Board of Originator: Public Works(ES) Contact: T.Ric(313 2363) Supervisors on the date shown. I.D 95-2578030 p cc: Public Works -M.Valdez,M&T Lab -Construction -1.Bergeron,Mapping -D.Spinale,Engineering Services Current Planning,Community Development ATTESTED: ©�F o C.Low,City of San Ramon 2222 Camino Ramon,San Ramon,CA 9583 JOHN CULLEN, Clerk o the Board of Supervisors and Shapell Industries of Northem California 100 N.Milpitas Blvd Count Administrator Milpitas,CA 95035 Y Attn:Steve Savage,Jim Gold and Sam Worden Via Fax(Lori Stritt(925)735-7822) t National Fire Insurance Company of I lartford 2355 E.Camelback Road,Suite 500 Phoenix,AZ 85016 By , Deputy" Attn:Pamela Stocks RESOLUTION NO.2008/