To: Board of Supervisors
From: Warren Lai, Public Works Director/Chief Engineer
Report Title: Accepting completion of landscape improvements for subdivision SD05-08967, Pacheco area (District V).
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
ADOPT Resolution accepting completion of landscape improvements per the Subdivision Agreement (Right-of-Way Landscaping) and release of cash deposit for faithful performance for subdivision SD05-08967, for a project developed by KB Home South Bay, Inc., as recommended by the Public Works Director, Pacheco area.
FISCAL IMPACT:
100% developer fees.
BACKGROUND:
The developer has completed the landscape improvements per the Subdivision Agreement (Right-of-Way Landscaping) without the need of warranty period, and in accordance with the Title 9 of the County Ordinance Code. The landscaping improvements are within the Lighting and Landscaping District-2 Zone 75 and maintained by the homeowners association.
CONSEQUENCE OF NEGATIVE ACTION:
The completion of improvements will not be accepted. The developer will not receive a refund of the cash deposit, the Subdivision Agreement (Right-of-Way Landscaping) and performance/maintenance surety bond will not be exonerated, and the billing account will not be liquidated and closed.
Cc: Matt Collins (mcollins@kbhome.com), KB Home South Bay, Inc., RLI Insurance Company, Public Works Department: R. Sanders, C. Lau, C. Halford, D. Patel, C. Herrold, R. Johnson, T:5/3/2025
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
IN THE MATTER OF: accepting completion of landscape improvements for a Subdivision Agreement (Right-of-Way Landscaping) for subdivision SD05-08967 (cross-reference subdivision RA07-01235) SD05-08967, for a project being developed by KB Home South Bay, Inc., as recommended by the Public Works Director, Pacheco area. (District V)
WHEREAS, the Public Works Director has notified this Board that the Right-of-Way Landscaping Improvements for SD05-08967 (cross-reference RA07-01235), have been completed as provided in the Subdivision Agreement (Right-of-Way Landscaping) with KB Home South Bay, Inc., heretofore approved by this Board.
NOW, THEREFORE, BE IT RESOLVED that the landscape improvements have been COMPLETED as of December 3, 2024 thereby establishing the six month terminal period for the filing of liens in case of action under said Subdivision Agreement (Right-of-Way Landscaping):
DATE OF AGREEMENT : July 11, 2017
NAME OF SURETY: RLI Insurance Company
BE IT FURTHER RESOLVED the payment (labor and materials) surety for $42,150, Bond No. CMS260786 issued by the above surety be RETAINED for the six-month lien guarantee period until June 3, 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 the Right-of-Way Landscaping improvements on Pacheco Boulevard are ACCEPTED AS COMPLETE.
NOW, THEREFORE, BE IT RESOLVED that the Public Works Director is AUTHORIZED to: REFUND the $1,000 cash deposit (Auditor’s Deposit Permit No. 686231, dated June 2, 2015) plus interest to KB Home South Bay, Inc. 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 Subdivision Agreement (Right-of-Way Landscaping) and surety bond, Bond No. CMS260786 dated January 8, 2014, issued by (B) RLI Insurance Company, are EXONERATED.