To: Board of Supervisors
From: Brian M. Balbas, Public Works Director/Chief Engineer
Report Title: Accepting completion of private improvements for minor subdivision MS20-00002, Brentwood area. (District III)
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
ADOPT Resolution accepting completion of private improvements per the Subdivision Agreement and release of cash deposit for faithful performance for minor subdivision MS20-00002 for a project developed by Civic Park Balfour, LLC, as recommended by the Public Works Director, Brentwood area. (District III)
FISCAL IMPACT:
100% Developer Fees.
BACKGROUND:
The developer has completed the private improvements per the Subdivision Agreement, and in accordance with Title 9 of the County Ordinance Code.
CONSEQUENCE OF NEGATIVE ACTION:
The developer will not receive a refund of the cash deposit, the Subdivision Agreement and surety bond will not be exonerated, and completion of private improvements will not be accepted.
cc: Larry Gossett-Engineering Services, Kellen O’Connor-Engineering Services, Devon Patel, Engineering Services, Randy Sander-Design/Construction, Kimberly Rodriguez, Design/Construction, Chris Lau, Maintenance, Renee Hutchins, Records, Karen Piona, Records, Chirs Halford, Mapping, Michael Mann, Finance, Civic Park Balfour, LLC, The Ohio Casualty Insurance Company
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
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IN THE MATTER OF accepting completion of private improvements per the Subdivision Agreement and release of cash deposit for faithful performance for minor subdivision MS20-00002 for a project developed by Civic Park Balfour, LLC, as recommended by the Public Works Director, Brentwood area. (District III)
WHEREAS, the Public Works Director has notified this Board that the private improvements in minor subdivision MS20-00002 have been completed as provided in the Subdivision Agreement with Civic Park Balfour, LLC, heretofore approved by this Board in conjunction with the filing of the Parcel Map.
WHEREAS, these improvements are approximately located near Balfour Road, east of Deer Valley Road.
NOW, THEREFORE, BE IT RESOLVED that the improvements have been COMPLETED as of October 17, 2023, thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement:
DATE OF AGREEMENT: December 6, 2022
NAME OF SURETY: The Ohio Casualty Insurance Company
BE IT FURTHER RESOLVED the payment (labor and materials) surety for $260,000.00, Bond No. 070218969 issued by the above surety be RETAINED for the six-month lien guarantee period until May 25, 2024, at which time the Board AUTHORIZES the release of said surety less the amount of any claims on file.
BE IT FURTHER RESOLVED that there is no warranty period required, and the Public Works Director is AUTHORIZED to refund the $5,200.00 cash security for performance (Auditor's Deposit Permit No. 859667, dated November 18, 2022) plus interest in accordance with Government Code Section 53079, if appropriate, to Civic Park Balfour, LLC, pursuant to the requirements of the Ordinance Code; and the Subdivision Agreement and surety bond, Bond No. 070218969, dated November 10, 2022 are EXONERATED.