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HomeMy WebLinkAboutMINUTES - 05202008 - C.3 3 TO: • BOARD OF SUPERVISORS - Con } FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR =- Costa . .... ..... Y~ DATE: May 20, 2008 County SUBJECT: Accept completion of warranty period and release of cash deposit for faithful performance, Subdivision Agreement(Right-of—Way Landscaping) for Road Acceptance 03-01148 (cross-reference Subdivision 95- 07984),.San Ramon (Dougherty Valley)area. (District III) SPECIFIC RI:QUEST(S)OR R1_-COMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): _ ADOPT Resolution No. 2008/% for SubdivisionAgreement (Right-of-Way Landscaping) for Road Acceptance 03-01148 (cross-reference Subdivision 95-07984),. accepting completion of warranty period and release of cash deposit for faithful performance, for project being developed by Shapell Industries of Northern California, a .Division of Shapell .Industries, Inc., a Delaware Corporation, San Ramon (Dougherty Valley) 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 Subdivision Agreement and surety bond will not be exonerated and the billing account will not be closed and liquidated. Continued on Attachment: SIGNATURE: G'v _ ECOA'lMENDATION OF COUNTY ADMINISTRATOR RE ONINIENDATION OF BOARD COMMITTEE �AfPROVE OTHER SIGNATURE (S): ACTION OF BOA ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS 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 date shown. TR:jc G:\EngSvc\B00008''.05-20\RA 03-1148 BO-60 FORM.docz Originator: Public Works(ES) Contact: Teri Ric(313-2363) I.D.95.2578030 ATTESTED: cc: Public Works -M.Valdez,M&T I.ab -A.Bell Construction JOHN CULLEN, Clerk of the Board of -D.Spinale,Engineering Services Current Planning'Community Development Supervisors and County Administrator C.I.ow,City of San Ramon 22 Camino Ranwn,San Ramon,CA 94583 Shapell Industries 100 N.Milpitas Blvd. Milpitas,CA 95035 Attn:Jim Gold/Sam Worden%Steve SavageV eputy National Fire Insurance 2355 E.Camelback Rd.,Ste 500 Phoenix,AZ 85016 Aun:Pamela Stocks . THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on May 20, 2008 by the following vote: AYES: GIOIA,UILKEMA,BONILLA,GLOVER and PIEPHO NOES: None ! ABSENT: None ABSTAIN: None RESOLUTION NO. 2008/ i�;, 4 (Q SUBJECT: Accepting completion of warranty period and release of cash deposit for faithful performance, Subdivision Agreement (Right-of—Way Landscaping) for Road Acceptance 03-01148 (cross-reference Subdivision 95-07984), San Ramon (Dougherty Valley) area. (District III) On October 24, 2006,this Board resolved that the improvements for Road Acceptance 03-01148 (cross-reference Subdivision 95-07984), were completed as provided in the Subdivision Agreement with Shapell Industries of Northern California, a Division of Shapell Industries, Inc., a Delaware Corporation 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 $6,100.00 cash deposit (Auditor's Deposit Permit No. 436206, dated December 3, 2004) plus interest to Shapell Industries of Northern California, a Division of Shapell Industries, Inc., a Delaware Corporation 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 and maintenance period has been completed and the Subdivision Agreement (Right-of-Way Landscaping) ,and surety bond, Bond No. 929348474, dated December 3, 2004, issued by National Fire Insurance Company of Hartford, are exonerated. TR:;c I hereby certify that this is a true and correct copy of an G:\EngSvc\BO\2008\05-20\RA 03-1148 BO-60 FORM.docx action taken and entered on the minutes of the Board of Originator: Public Works(ES) Contact: Teri Ric(313-2363) Supervisors on the date shown. I.D 95-578030 cc: Public Works -M.Valdez,M&T Lab -A.Bell Construction -D.Spinale,Engineering Services f� Q Current Planning,Community Development ATTESTED: ©q 6 "'�A p - C.Low,City of San Ramon 27.2 Camino Ramon,San Ramon,CA 94583 JOHN CULLEN, Clerk of the Board of Supervisors and Shapell Industries 100 N.Milpitas Blvd. County A lstrator Milpitas,CA 95035 Ann:Jim Gold/Sam Worden/Steve Savage National Fire Insurance 2355 E.Camelback Rd.,Ste 500 Phoenix,AZ 85016 Attn:Pamela Stocks By , Deputy RESOLUTION NO.2008/