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HomeMy WebLinkAboutMINUTES - 06172008 - C.18 1 E ' t . S� L TO: BOARD OF SUPERVISORS Contra_-�----�L--��' FROM: JULIA R. BUEREN PUBLIC WORKS DIRECTO Costa DATE: June 17, 2008 '`' _ �`4�4 V �OST'4------ t'��GA County SUBJECT: Accept completion of warranty period and release of cash deposit for faithful performance, Subdivision 05-09005, for project being developed by Shapell Homes, a Division of Shapell Industries Inc., a Delaware Corp., Danville area. (District III) I SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2008/ V00 for Subdivision 05-09005, accepting completion of warranty period and release of cash deposit for faithful performance, for project being developed by Shapell Homes, a Division of Shapell Industries Inc., a Delaware Corp., Danville area. (District III), FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(g): The improvements have met the guarantee performance standards for the warranty period, following completion of improvements. CONSEQUENCES OF NEGATIVE ACTION: The developer will not receive a refund Iof their cash deposit, the Subdivision Agreement and Performance surety bond will not be exonerated and the billing account will not be closed'and liquidated. Continued on Attachment: ,SIGNATURE: ECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURES : ACTION OF BO ON I APPROVED AS RECOMMENDED_O R TE OF SUPE ISORS I herebycertify that this is a true and correct UNANIMOUS(ABSENT ) y AYES: NOES: I copy of an action taken and entered on the ABSENT: ABSTAIN: I minutes of the Board of Supervisors on the DS:jc G:\EngSvc\BO\2008\06-10\SD 05-09005 BO-60 FORM.docx date shown. Originator:Public Works(ES) Contact: T.Ric(313-2363) I.D.95-2578030 cc: Public Works M.Valdez, Lab Co ATTESTED: -Constructionn I.Bergeron Mapping JOHN CUL Clerk of the Board of -D.Spinale,Engineering Services Current Planning,Community Development SupervisorsL6d County Administrator Shapell Homes,a Division of Shapell Industries 100 N.Milpitas Blvd. Milpitas,CA 95035 Attn:Sam Worden&S.Savage National Fire Insurance Company of Hartford 2355 E.Camelback Road,Suite 500 y ,Deputy Phoenix,AZ.85016 Attn:Gena O'Shea r r I THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on June 17,_20108 by the following vote: AYES: GIOIA,UILKEMA,PIEPHO,BONILLA&GLOVER NOES: NONE I, ABSENT: NONE ABSTAIN: NONE _— RESOLUTION NO. 2008/ylod SUBJECT: Accepting completion of warranty period and release of cash deposit for faithful performance, Subdivision 05-09005, for project being developed by Shapell Homes, a Division of Shapell Industries Inc., a Delaware Corp., Danville area. (District III) On April 17, 2007, this Board resolved that the improvements in Subdivision 05-09005 were completed as provided in the Siubdivision Agreement with Shapell Homes, a Division of Shapell Industries Inc., a Delaware Corp. 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 $15,500.00 cash deposit (Auditors Deposit Permit No. 465879, dated June 20, 2006) plus interest to Shapell Homes, a Division of Shapell Industries Inc., a Delaware Corp. 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. 929390917, dated May 26, 2006, issued by National Fire Insurance Company of Hartford, are exonerated. DS:jc I hereby certify that this is a true and correct copy of an G:\EngSvc\BO\008\06-IO\SD 05-09005 BO-60. FORM.docx action taken and entered on the minutes of the Board of Originator: Public Works(ES) Supervisors On the date shown. Contact: T.Rie(313-2363) I.D.95-2578030 cc: Public Works -M.Valdez,M&T Lab -Construction -I.Bergeron,Mapping ATTESTED: -D.Spinale,Engineering Services JOHN CULLEN, Clerk d&Board of Supervisors and Current Planning,Community Development Shapell Homes,a Division of Shapell Industries County Administrator 100 N.Milpitas Blvd. Milpitas,CA 95035 Attn:Sam Worden&S.Savage National Fire Insurance Company of Hartford By , Deputy 2355 E.Camelback Road,Suite 500 Phoenix,AZ.85016 Attn:Gcna O'Shea RESOLUTION NO.2008/