To: Board of Supervisors
From: Warren Lai, Public Works Director/Chief Engineer
Report Title: Accepting completion of private improvements for the Road Improvement Agreement for land use permit LP16-02031, Concord area.
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
ADOPT Resolution accepting completion of private improvements for the Road Improvement Agreement and release of cash deposit for faithful performance for land use permit LP16-02031, for a project developed by CP Logistics Willow Pass, LLC, as recommended by the Public Works Director, Concord area. (District V)
FISCAL IMPACT:
100% Developer Fees.
BACKGROUND:
The developer has completed the private improvements per the Road 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, the Road Improvement Agreement and surety bond will not be exonerated, and completion of private improvements will not be accepted.
c: Kellen O’Connor, Engineering Services, Alex Vazquez, Engineering Services, Marke Smith, Engineering Services, Theresa Shepherd-Design/Construction, Ciara Herrold, Finance, Michelle Mancuso-Watershed Program/Flood Control, Chris Halford, Mapping, Chris Lau, Maintenance, CP Logistics Willow Pass, LLC, Berkshire Hathaway Specialty Insurance Company.
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 for the Road Improvement Agreement and release of cash deposit for faithful performance for land use permit LP16-02031 for a project developed by CP Logistics Willow Pass, LLC, as recommended by the Public Works Director, Concord area. (District V)
WHEREAS, the Public Works Director has notified this Board that the private improvements in land use permit LP16-02031 have been completed as provided in the Road Improvement Agreement with CP Logistics Willow Pass, LLC.
WHEREAS, these improvements are approximately located near Evora Road.
NOW, THEREFORE, BE IT RESOLVED that the improvements have been COMPLETED as of February 4, 2025, thereby establishing the six-month terminal period for the filing of liens in case of action under said Road Improvement Agreement for land use permit LP16-02031:
DATE OF AGREEMENT: November 29, 2022
NAME OF SURETY: Berkshire Hathaway Specialty Insurance Company
BE IT FURTHER RESOLVED the payment (labor and materials) surety for $546,000.00, Bond No. 47-SUR-300037-01-0243 issued by the above surety be RETAINED for the six month lien guarantee period until August 4, 2025, 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 $10,920.00 cash security for performance (Auditor's Deposit Permit No. DP859061, dated November 8, 2022) plus interest in accordance with Government Code Section 53079, if appropriate, to CP Logistics Willow Pass, LLC, pursuant to the requirements of the Ordinance Code; and the Road Improvement Agreement and surety bond, Bond No. 47-SUR-300037-01-0243, dated October 21, 2022 are EXONERATED.
end