To: Board of Supervisors
From: Warren Lai, Public Works Director/Chief Engineer
Report Title: Accepting completion of private improvements for the Subdivision Agreement for subdivision SD03-08791, El Sobrante area.
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
ADOPT Resolution accepting completion of private improvements for the Subdivision Agreement and release of cash deposit for faithful performance for subdivision SD03-08791 for a project developed by ADP Freedom 7, LLC, as recommended by the Public Works Director, El Sobrante area. (District I)
FISCAL IMPACT:
100% Developer Fees.
BACKGROUND:
The developer has completed the private improvements per the Subdivision 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 Subdivision Agreement and surety bond will not be exonerated, and completion of private improvements will not be accepted.
c: K. O’Connor-Engineering Services, M. Smith-Engineering Services, R. Sanders-Design/Construction, T. Sheperd-Design/Construction, C. Herold-Finance, ADP Freedom 7, LLC, 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 subdivision SD03-08791 for a project developed by ADP Freedom 7, LLC, as recommended by the Public Works Director, El Sobrante area. (District I)
WHEREAS, the Public Works Director has notified this Board that the private improvements in subdivision SD03-08791 have been completed as provided in the Subdivision Agreement with ADP Freedom 7, LLC, heretofore approved by this Board in conjunction with the filing of the Subdivision Map.
WHEREAS these improvements are approximately located near Appian Way and La Paloma Road.
NOW, THEREFORE, BE IT RESOLVED that the improvements have been COMPLETED as of June 10, 2025, thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement:
DATE OF AGREEMENT: August 10, 2010
NAME OF SURETY: Platte River Insurance Company
BE IT RESOLVED the payment (labor and materials) surety for $128,7500.00, Bond No. 41202046 issued by the above surety be RETAINED for the six month lien guarantee period until December 10, 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 Colina Way for the hereinafter described private roads, as shown and dedicated for private use on the Final Map of Subdivision SD03-08791 filed September 16, 2010, in Book 512 of final maps at Page 13-17, Official Records of Contra Costa County, State of California, have been COMPLETED and are NOT ACCEPTED.
BE IT FURTHER RESOLVED that there is no warranty period required, and the Public Works Director is AUTHORIZED to refund the $2,575.00 cash security for performance (Auditor's Deposit Permit No. 555402, dated July 22, 2010) plus interest in accordance with Government Code Section 53079, if appropriate, to ADP Freedom 7, LLC, pursuant to the requirements of the Ordinance Code; and the Subdivision Agreement and surety bond, Bond No. 41202046, dated July 16, 2010 are EXONERATED.
end