To: Board of Supervisors
From: Warren Lai, Public Works Director/Chief Engineer
Report Title: Accepting completion of private improvements for the Subdivision Agreement and release of cash deposit for minor subdivision MS18-00006, Diablo area.
Recommendation: Recommendation of the County Administrator
RECOMMENDATIONS:
ADOPT Resolution accepting completion of private improvements for the Subdivision Agreement and release of cash deposit for faithful performance for minor subdivision MS18-00006 for a project developed by Todd and Gina Vitzthum, as recommended by the Public Works Director, Diablo area. (District II)
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.
c: Jocelyn LaRocque-Engineering Services, Alex Vazquez-Engineering Services, Jesse Ma-Engineering Services, Anthony DiSilvestre-Engineering Services, Renee Hutchins-Records, Paul Tehaney-Design/Construction, Alex Martinez-Surveys, Allan Ruyters-Surveys, Chris Hallford-Mapping, Walid Gardizi-Finance, Todd and Gina Vitzthum, Platte River 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 Subdivision Agreement and release of cash deposit for faithful performance for minor subdivision MS18-00006 for a project developed by Todd and Gina Vitzthum, as recommended by the Public Works Director, Diablo area. (District II)
WHEREAS, the Public Works Director has notified this Board that the private improvements in minor subdivision MS18-00006 have been completed as provided in the Subdivision Agreement with Todd and Gina Vitzthum, heretofore approved by this Board in conjunction with the filing of the Minor Subdivision Map.
WHEREAS, these improvements are approximately located near Alameda Diablo and Club House Road.
NOW, THEREFORE, BE IT RESOLVED that the improvements have been COMPLETED as of November 17, 2026, thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement:
DATE OF AGREEMENT: June 16, 2020
NAME OF SURETY: Platte River Insurance Company
BE IT FURTHER RESOLVED the payment (labor and materials) surety for $19,500, Bond No. 41433808 issued by the above surety be RETAINED for the six month lien guarantee period until May 16, 2027, 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 $1,000 cash security for performance (Auditor's Deposit Permit No. 808852, dated May 28, 2020) plus interest in accordance with Government Code Section 53079, if appropriate, to Todd and Gina Vitzthum, pursuant to the requirements of the Ordinance Code; and the Subdivision Agreement and surety bond, Bond No. 41433808, dated May 1, 2020, are EXONERATED.
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