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HomeMy WebLinkAboutRESOLUTIONS - 04012008 - 08-196 o Con ra TO: BOARD OF SUPERVISORS ` . FROM: JULIA R. BUEREN PUBLIC WORKS DIRECTOR - Costa DATE: April 1, 2008 � �o,F __ ,.���`�`�� County SUBJECT: Accept completion of warranty period and release of cash deposit for faithful performance, Subdivision 04-08839, Martinez area. (District II) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2008/lq for Subdivision 04-08839, accepting completion of warranty period and release of cash deposit for faithful performance, for project being developed by Davni II Development, LLC, Martinez area. (District II) 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: _RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE :;�fCPPROVE THER SIGNATURES ACTION OF BO R ON g!2!+ Jr,t /o1 APPROVED AS RECOMMENDED�_OTHER VOTE OF SUPE ISORS UNANIMOUS(ABSENT ) I hereby certify that this is a true and correct AYES: —NOES: copy of an action taken and entered on the ABSENT: ABSTAIN: minutes of the Board of Supervisors on the DS:vz date shown. G:\EngSvc\BO\2008\04-01\BO-60 SD 04-8839.docx Originator: Public Works(ES) Contact: T.Ric(313-2363) p I.D.552-13-2960 ATTESTED: DLk Ol /P?-.) cc: Public Works M.Valdez,M&T Lab Construction JOHN CULLEN, Cler of the Board of D.Spinale,Engineering Services Supervisors and County Administrator -1.Bergeron,Mapping Current Planning,Community Development Davni 11 Development,LLC ^ 18 Hillside Court Berkeley,CA 94704 By eputy Attn:David Margcn Indemnity Company of California 2999 Oak Road,Suitc 420 Walnut Creek,CA 94597 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/ SUBJECT: Accepting completion of warranty period and release of cash deposit for faithful performance, Subdivision 04-08839, Martinez area. (District II) On February 6, 2007, this Board resolved that the improvements in Subdivision 04-08839 were completed as provided in the Subdivision Agreement with Davni II Development, LLC 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 $4,000.00 cash deposit (Auditor's Deposit Permit No. 444714, dated May 19, 2005) plus interest to Davni II Development, LLC 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. 720338S, dated September 21, 2005, issued by Indemnity Company of California, are exonerated. DS:vz I hereby certify that this is a true and correct copy of an G:\EngSvc\BO\2008\04-01\BO-60 SD 04-8839.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.552-13-2960 cc: Public Works M.Valdez,M&T Lab Construction ATTESTED: d��ol L b S -D.Spinate,Engineering Services -1.Bergeron,Mapping JOHN CULLEN, Clerk of the Board of Supervisors and Current Planning,Community Development Davni II Development,LLC County Administrator 18 Hillside Court Berkeley,CA 94704 Attn:David Margen Indemnity Company of California By , Deputy 2999 Oak Road,Suite 420 Walnut Creek,CA 94597 RESOLUTION NO.2008/