To: Board of Supervisors
From: Warren Lai, Public Works Director/Chief Engineer
Report Title: Accepting completion of private improvements for Drainage Improvement Agreement DA04-00035, Danville area.
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
ADOPT Resolution accepting completion of private improvements and release of cash deposit for faithful performance for Drainage Improvement Agreement DA04-00035, for a project developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., as recommended by the Public Works Director, Danville area. (District II)
FISCAL IMPACT:
100% Developer Fees.
BACKGROUND:
The developer has completed the private improvements per the Drainage Improvement Agreement, and in accordance with the Title 9 of the County Ordinance Code.
CONSEQUENCE OF NEGATIVE ACTION:
The developer will not receive a refund of the cash deposit, and surety bond will not be exonerated, and completion of private improvements will not be accepted.
c: Jocelyn LaRocque-Engineering Services, Alex Vazquez-Engineering Services, Kellen O’Connor-Engineering Services, Devon Patel- Engineering Services, Paul Tehaney-Design/Construction, Theresa Shepherd-Design/Construction, Ciara Herrold- Finance, Michelle Cordis-Maintenance, Chris Hallford-Mapping, C. Low-City of San Ramon, Shapell Homes, National Fire Insurance Company of Hartford, T-April 21, 2026
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
body
IN THE MATTER OF: accepting completion of private improvements and release of cash deposit for faithful performance for Drainage Improvement Agreement DA04-00035, for a project developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., as recommended by the Public Works Director, Danville area. (District II)
WHEREAS, the Public Works Director has notified this Board that the private improvements in Drainage Improvement Agreement DA04-00035 have been completed as provided in the Drainage Improvement Agreement with Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., heretofore approved by this Board in conjunction with the filing of the Subdivision Map.
WHEREAS, these improvements are approximately located near Casablanca Street and Charbray Street.
NOW, THEREFORE, BE IT RESOLVED that the improvements have been COMPLETED as of October 21, 2025, thereby establishing the six-month terminal period for the filing of liens in case of action under said Drainage Improvement Agreement:
DATE OF AGREEMENT: January 9, 2007
NAME OF SURETY: National Fire Insurance Company of Hartford
BE IT FURTHER RESOLVED the payment (labor and materials) surety for $122,250.00, Bond No. 929412116 issued by the above surety be RETAINED for the six month lien guarantee period until April 21, 2026, at which time the Board AUTHORIZES the release of said surety less the amount of any claims on file.
BE IT FURTHER RESOLVED that upon approval by the Board of Supervisors, the developer, Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., shall retain the private improvements for maintenance and ownership in accordance with the geologic hazard abatement district (GHAD) plan of control, and until accepted by the GHAD.
BE IT FURTHER RESOLVED that there is no warranty period required, and the Public Works Director is AUTHORIZED to refund the $2,400.00 cash security for performance (Auditor's Deposit Permit No. DP473531, dated October 25, 2006) plus interest in accordance with Government Code Section 53079, if appropriate, to Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., pursuant to the requirements of the Ordinance Code; and the Drainage Improvement Agreement and surety bond, Bond No. 929412116, dated October 25, 2006 are EXONERATED