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Home My WebLink AboutMINUTES - 05202008 - C.5 TO: BOARD OF SUPERVISORS ` Si "L' �'� O 5aa •:`nom ._._ ,• FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR Costa ,.L DATE: May 20, 2008 �•. �.• JA �----- County SUBJECT: Accept completion of landscape improvements for Subdivision Agreement(Right-of-Way Landscaping) for Subdivision 96-08002, Danville/Tassajara area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION _RECOMMENDATIONS): ADOPT Resolution No. 2008/$ for Subdivision 96-08002 accepting completion of improvements for Subdivision Agreement (Right-of-Way Landscaping), for project being developed by Shapell Industries of Northern California, Danville/Tassajara area. (District III) FISCAL IMPACT: None.• _BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The developer, Shapell Industries of Northern California, has completed the landscape improvements per the Subdivision Agreement (Right of Way Landscaping);• and in accordance with the Title 9 of the County Ordinance Code. _CONSEQUENCES OF NEGATIVE ACTION: The completion of improvements will not be accepted and the maintenance/warranty period will not begin. Continued on Attachment:_ SIGNATURE:. -Y��'�� _✓9ECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE PROVE OTHER SIGNATURES ACTION OF BO ON b APPROVED AS RECOMMENDED OTHER vo E of suPERvlsoRs I hereby certify that this is a true and correct UNANIMOUS(ABSENT 1 copy of an action taken and entered on the AYES: NOES: Jminutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. .I R:Jc G:\r.ngSvc\B0\2008',05-21ASD 96-08002 BO-45 DV(Landscaping)pORM.docz Originator: Public Works(ES) C6ntact: Teri Rie(313.363) ATTESTED: /10 Recording to be completed by COB . cc: Public Works -K.Guruwaya. Construction Div. JOHN CULLEN, lerk of he Board of -D:Spinale,Engineering Svc. ShapellIndustrieslporthemCalifornia Mi 100 North Milpitas Blvd. Supervisors and County Administrator Milpitas.CA 95035 Attn:Sam Warden and Jim Gold American Casualty Company of Reading,Pennsylvania 5820 Canoga Avenue.Suite 200 Woodland hills,CA 91367 By , Deputy Attn:Pamela L.Stocks c. s� ' IINI CONTRA COSTA Co Recorder OfIIIIIIIIIIIIll11111111i111111111111111111111f ice i Recorded at the request of: STEPHEN L, WEIR, Clerk-Recorder Contra Costa County DCC= 2008-0128474-00 Board of SupervisorsMondd Return to: y, JUN 09, 2008 14:37:37 Public Works Department :FRE Engineering Services Division Tt 1 Pd $0.00 Nbr-0004111683 lrc/R9/1-3 j • i I ! 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/ g SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement (Right-of-Way Landscaping) for'Subdivision 96-08002, Danville/ Tassajara area. (District III) These improvements are approximately located near Creek View Place and Casablanca Street(Wendt Ranch). The Public Works Director has notified this. Board that the Right-of-Way Landscaping improvements for Subdivision 96-08002 have ,been completed as provided in the Subdivision Agreement (Right-of-Way Landscaping) with Shapell Industries of Northern California, heretofore approved by this Board; TR:jc G:\EngSvc\BO\2008\05-20\SD 96-08002 BO-45 DV(Landscaping)EORM.docx Originator: Public Works(ES) Contact: Teri Ric(313-2363) Recording to be completed by COB cc: Public Works K.Guruwaya, Construction Div. E D.Spinale,Engineering Svc. I hereby certify that this is a true and correct copy of an - Shapell Industries ofNorthcrn California action taken and entered on the minutes of the Board of 100 North Milpitas Blvd. Milpitas,CA 95035 Supervisors on the date shown. Attn:Sam Worden and Jim Gold American Casualty Company of Reading,Pennsylvania ATTESTED: 0 S O 19 5820 Canoga Avenue,Suite 200 Woodland Hills,CA 91367. JOHN CULLEN, Clerk of the oard of Supervisors and Attn:Pamela L.Stocks County Adminis rator By , Deputy RESOLUTION NO.2008/ SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement (Right-of-Way Landscaping) for Subdivision 96-08002, for project being developed by Shapell Industries of Northern California, Danville/Tassajara area. (District III) DATE: May 20, 2008 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the landscape improvements have been COMPLETED.as of May 20, 2008 thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement (Right-of-Way Landscaping): DATE OF AGREEMENT NAME OF SURETY March 26, 2002 • American Casualty Company of Reading, Pennsylvania BE IT FURTHER RESOLVED the. payment (labor and materials) surety for $209,800.00, Bond No. 929206143 issued by the above surety be RETAINED for the six month lien guarantee period .until November 20, 2008, at which 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 Right-of-Way Landscaping improvements along Creek View Place, Knolls Creek Drive, Casablanca Street, Blue Spur Circle, Carmen Way, Carmen Court, Ariel Drive, Vanessa Way and Monte Albers Way are ACCEPTED AS COMPLETE. Upon acceptance, Shapell Industries, Inc. shall retain the landscape improvements for maintenance in accordance; with the Landscape Maintenance Agreement approved by the Board of Supervisors on April 24, 2007. ,BE IT FURTHER RESOLVED that there is no warranty and maintenance period required, and the Public Works Director is AUTHORIZED to refund the $4,196.00 cash security for performance (Auditor's Deposit Permit No. 382773, dated March 7, 2002) plus interest in accordance with Government Code Section 53079, if appropriate, to Shapell Industries of Northern California, pursuant to tl'e requirements of the Ordinance Code; and the . Subdivision Agreement (Right of Way Landscaping) and surety bond, Bond No. 929206143, dated February 28, 2002 are exonerated. All deposit permits are on file with.the Public Works Department.