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HomeMy WebLinkAboutRESOLUTIONS - 04012008 - 08-193 s TO: BOARD OF SUPERVISORS sE L Contr ��� 1:.-:_�+n FROM: MAURICE M. SHIU PUBLIC WORKS DIRECTOR �- Costa DATE: March 18, 2008 C. --t`�, �~`� C Q u n t a coun� SUBJECT: Accept completion of warranty period and release of cash deposit for faithful performance for the Subdivision Agreement (Right-of-Way Landscaping), Drainage Acceptance 03-00031 (cross- reference Subdivision 99-08306), San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2008/ for Drainage Acceptance 03-00031 (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 right-of-way landscape agreement and performance/maintenance surety bond will not be exonerated, the billing account will not be closed and liquidated. Continued on Attachment: ✓/ SIGNATURE: _-'RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE ✓OPROVE OTHER SIGNATURES ACTION OF BO ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPE sons UNANIMOUS(ABSENT I hereby certify that this is a true and correct ) AYES: NOES: copy of an action taken and entered on the Ds:`Z ABSENT: ABSTAIN: minutes of the Board of Supervisors on the G:\LngSvc\60\2008\03-18\BO-60 DA 03-0031.doc date shown. Originator:Public Works(ES) Contact: T.Rie(313-2363) I.D.95-2578030 cc: Public Works M.Valdez,M&T Lab ATTESTED: l Construction L.Leong,Engineering Services JOHN CULLEN Clerk of the Board of Current Planning,Community Development , Shapell Homes Supervisors and County Administrator 100 N.Milpitas Blvd Milpitas,CA 95035 Attn:Steve Savage,Jim Gold and Sam Worden Via Fax(Lori Stritt,(925.735.8149) National Fire Insurance Company of Hartford 2355 E.Camelback Road,Suite 500 y , eputy Phoenix,AZ 85016 Attn:Pamela Stocks THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on March 18, 2008 by the following vote: AYES: Gioia, Uilkema, Piepho&Glover NOES: none ABSENT: Bonilla ABSTAIN: none RESOLUTION NO. 2008/ SUBJECT: Accepting completion of warranty period and release of cash deposit for faithful performance for the Subdivision Agreement (Right-of-Way Landscaping), Drainage Acceptance 03-00031 (cross-reference Subdivision 99-08306), San Ramon (Dougherty Valley) area. (District III) On February 13, 2007, this Board resolved that the landscape improvements in Drainage Acceptance 03-00031 (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 $1,000.00 cash deposit (Auditor's Deposit Permit No. 455576, dated December 8, 2005) 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 West Branch Geological Hazard Abatement District (GHAD) shall accept the landscape improvements for maintenance in accordance with the GHAD Plan of Control. 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. 929270293, dated November 28, 2005, issued by National Fire Insurance Company of Hartford, are exonerated. Ds:v, I hereby certify that this is a true and correct copy of an G:\FngSvc\B0\'-)008\03-18\BO-60 DA 03-003Ldoc action taken and entered on the minutes of the Board of Originator:Public Works(ES) contact: T.Rie(313-2363) Supervisors on the date shown. I.D.95-2578030 cc: Public Works M.Valdez,M&T Lab Construction L.Leong,Engineering Services Current Planning,Community Development ATTESTED: © 0 ShaHomes 100 N.Milpitas Blvd JOHN CULLEN, Cler I� of the oard of Supervisors and 100 Milpitas,CA 95035 County Administrator Attn:Steve Savage,Jim Gold and Sam Worden Via Fax(Lori Stritt,(925.735.8149) \ National Fire Insurance Company of Hartford 2355 E.Camelback Road,Suite 500 Phoenix,AZ 85016 Attn:Pamela Stocks By , Deputy RESOLUTION NO.2008/