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HomeMy WebLinkAboutRESOLUTIONS - 04012008 - 08-192 r . = TO: BOARD OF SUPERVISORS ra `'--- ' FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR0. Costa DATE: April 1, 2008 .cotiCounty srA >i SUBJECT: Accept completion of warranty period and release of cash deposit for faithful performance for the Subdivision Agreement (Right-of-Way Landscaping), Road Acceptance 03-01153 (cross- reference Subdivision 99-08306), San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION R.ECOMMENDATION(S): ADOPT Resolution No. 2008/11,efor Road Acceptance 03-01153 (cross-reference Subdivision 99-08306), 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 Homes, a Division of Shapell Industries, Inc., a Delaware Corp, 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 performance/maintenance 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 ✓�PPROVE OTHER 1-4 r SIGNATURES ACTION OF BO DON APPROVED AS RECOMMENDED OTHER VOTE OF SUPEIJS(ABSENT y }' UNANI OUS(AI hereby certify that this is a true and correct ) AYES: NOES: copy of an action taken and entered on the Ds:v= ABSENT: i ABSTAIN: minutes of the Board of Supervisors on the !' G:\EngSvc\B0\2008\04-01\B0-60A RA 03-1153.docx date shown. Originator: Public Works(ES) Contact: T.Ric(313-2363) I.D.95-2578030 cc: Public Works-M.Valdez,M&T Lab -Construction -D.Spinate,Engineering Services ATTESTED: D 1Lo T -1.Bergeron,Mapping JOHN CULLEN, Clerk of the Board of Current Planning,Community Development C.Low,City of San Ramon 2222 Camino Ramon,Sun Ramon,CA 94583 Supervisors and County Administrator Shapell Industries of Northern California 100 N.Milpitas Blvd Milpitas,CA 95035 Attn:Jim Gold and Sam Warden Via Fax(Lori Stritt(925)735-8149) t National Fire Insurance Company of Hartford By , Deputy 2355 E.Came lback Road,Suite 500 Phoenix,AZ 85016 Attn:Patricia L.Stocks THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on April 1, 2008 by the following vote: AYES: Gioia, Uilkema, Piepho&Glover NOES: none ABSENT: Bonilla ABSTAIN: none RESOLUTION NO. 2008/ a� SUBJECT: Accepting completion of warranty period and release of cash deposit for faithful performance for the Subdivision Agreement (Right-of-Way Landscaping), Road Acceptance 03-01153 (cross-reference Subdivision 99-08306), San Ramon (Dougherty Valley) area. (District III) On March 6, 2007, this Board resolved that the landscape improvements for Road Acceptance 03-01153 (cross-reference Subdivision 99-08306) were completed as provided in the Subdivision Agreement (Right-of-Way Landscaping) 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 $1,400.00 cash deposit (Auditor's Deposit Permit No. 457072, dated January 10, 2006) plus interest to Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp in accordance with Government Code Section 53079 (if appropriate), Ordinance Code Section 94-4.406, and the subdivision agreement. BE IT FURTHER RESOLVED that upon completion of the warranty and maintenance period, the San Ramon City Council shall accept the landscape improvements for maintenance in accordance with the Dougherty Valley Memorandum of Understanding. BE IT FURTHER RESOLVED that the warranty and maintenance period has been completed and the Subdivision Agreement (Right-of-Way Landscaping) and surety bond, Bond No. 929270295, dated December 20, 2005, issued by National Fire Insurance Company of Hartford, are exonerated. I hereby certify that this is a true and correct copy of an DS:vz G:\Eng$vc\80\2008\04-01\BO-60A RA 03-1153.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. I.D.95-2579030 cc: Public Works -M.Valdez,M&T Lab -Construction -D.Spinale,Engineering Services I.Bergeron,Mapping ATTESTED: Current Planning,Community Development C.Low,City of San Ramon 2222 Camino Ramon,San Ramon,CA 94583 JOHN CULLEN, Clerk of the Board of Supervisors and Shapell Homes 100 N.Milpitas Blvd County Admini ator Milpitas,CA 95035 1 l Attn:Jim Gold and Sam Worden National Fire Insurance Company of Hartford 2355 E.Camelback Road Suite 500 By , Deputy Phoenix,AZ 85016 Attn:Pamela L.Stocks RESOLUTION NO.2008/