HomeMy WebLinkAboutMINUTES - 06172008 - C.4 �t I •
4
TO: BOARD OF SUPERVISORS � - ��-=°� Contra
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FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR ;z+ Costa
oz ,,aul A
DATE: June 17, 2008 County
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SUBJECT: Accept completion of warranty period and release of cash deposit for faithful performance for
the Subdivision Agreement (Right-of-Way Landscaping), Drainage Acceptance 04-00036 (cross-
reference Subdivision 99-08381), for project being developed by Shapell Homes, a Division of
Shapell Industries, Inc., a Delaware Corporation, Danville area. (District III)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2008/x_ for Drainage Acceptance 04-00036 (cross-reference Subdivision 99-
08381), 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, Inc., a
Delaware Corporation,Danville 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
of improvements.
CONSEQUENCES OF NEGATIVE ACTION:
Developer will not receive a refund of their cash deposit, the Subdivision Agreement (Right-of-Way
Landscaping) 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�o ON APPROVED`AS RECOMMENDED k O R
v�oOF SUPE ISORSI hereb certif that this is a true and correct
UNANIMOUS(ABSENT ) y y
AYES: NOES: copy of an action taken and entered on the
ABSENT: ABSTAIN: minutes of the Board of Supervisors on the.
TRJc date shown.
G:\EngSvc\BO\2008\06-10\DA 04-00036 BO-60A FORM.docx
Originator: Public Works(ES)
Contact: T.Rie(313-2363)
cc: Public Works -M.Valdez,M&T Lab
Construction - ATTESTED: O
-D.Spinale,Engineering Services
-I.Bergeron,Mapping JOHN CULLEN C r{of the Board of
Current Planning,Community Development ,
-
Shapell Homes S ervisors d Count Administrator
100 N.Milpitas Blvd - y
Milpitas,CA 95035 -
Attn:Sam Worden,Jim Gold and S.Savage
National Fire Insurance Company of Hartford
2355 E.Camelback Road,Suite 500
Phoenix,AZ 85016
Attn:.Pamela L.Stock By ,Deputy
7
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on June 17, 2.008 by the following vote:
AYES: GIOIA,UILKEMA,PIEPHO,BONILLA&GLOVER i
I
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2008/3*e
SUBJECT: Accepting completion of warranty period and release of cash deposit for faithful
performance for the Subdivision Agreement (Right-of-Way Landscaping),
Drainage Acceptance 04-00036 (cross-reference Subdivision 99-08381), for
project being developed by Shapell Homes, a Division of Shapell Industries, Inc.,
a Delaware Corporation, Danville area. (District III)
On July 10, 2007, this Board resolved that the landscape improvements in Drainage
Acceptance 04-0036 (cross-reference Subdivision 99-08381) were completed as provided in the
Subdivision Agreement (Right-of-Way Landscaping) with Shapell Homes, 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 $5,200.00 cash deposit (Auditor's Deposit Permit No. 469817,
dated August 31, 2006) plus interest to Shapell Homes, a Division of Shapell
Industries, a Delawares 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 upon completion of the warranty and maintenance
period, the Developer shall retain the landscape improvements for maintenance and ownership in
accordance with the GHAD Plan and Control.
BE IT FURTHER RESOLVED that the warranty period has been completed and the
Subdivision Agreement (Right-of-Way Landscaping) and surety bond, Bond No. 929390934,
dated August 15, 2006, issued by National Fire Insurance Company of Hartford, are exonerated.
TRjc I hereby certify that this is a true and correct copy of an
G:\EngSvc\BO\2008\06-10\DA 04-00036 BO-60A FORM.docx 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.
cc: Public Works -M.Valdez,M&T Lab
-Construction
-D,Spinate,Engineering Services
-I.Bergeron,Mapping ATTESTED: O Co
Current Planning,Community Development
Shapell omesasB,vd. JOHN CULLEN, Clerk of the Board of Supervisors and
Milpitas'CA 95035 - County Adm' rator
Attn:Sam Worden,Jim Gold and S.Savage '
National Fire Insurance Company of Hartford
2355 E.Camelback Road,Suite 500
Phoenix,AZ 85016 By
Attn:Pamela L.Stock 57.7 , Deputy
RESOLUTION NO.2 8/,T" ,