To: Board of Supervisors
From: Warren Lai, Public Works Director/Chief Engineer
Report Title: Accepting completion of improvements for the Subdivision Agreement, without the need of a warranty period and release of cash deposit for faithful performance for minor subdivision MS19-00003, Walnut Creek area.
Recommendation: Recommendation of the County Administrator
RECOMMENDATIONS:
ADOPT Resolution accepting completion of improvements for the Subdivision Agreement, without the need of a warranty period and release of cash deposit for faithful performance, for minor subdivision MS19-00003, for a project developed by HD 2063 Walnut Creek LLC, as recommended by the Public Works Director, Walnut Creek area. (District II)
FISCAL IMPACT:
100% Developer Fees.
BACKGROUND:
The developer has completed the 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: J. LaRocque, Engineering Services, A. Vazquez, Engineering Services, J. Ma, Engineering Services, J. Hernandez, Engineering Services, T. Shepherd, Design/Construction Div, C. Halford, Mapping, W. Gardizi, Finance, HD 2063 Walnut Creek LLC, Arch Insurance Company, T. April 6, 2027
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
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IN THE MATTER OF: Accepting completion of improvements for the Subdivision Agreement, without the need of a warranty period and release of cash deposit for faithful performance, for minor subdivision MS19-00003, for a project developed by HD 2063 Walnut Creek LLC, as recommended by the Public Works Director, Walnut Creek area. (District II)
WHEREAS, the Public Works Director has notified this Board that the improvements in minor subdivision MS19-00003 have been completed as provided in the Subdivision Agreement with HD 2063 Walnut Creek LLC, heretofore approved by this Board in conjunction with the filing of the Subdivision Map.
WHEREAS, these improvements are located at 2063 and 2073 Olympic Boulevard near Willow Avenue.
NOW, THEREFORE, BE IT RESOLVED that the improvements have been COMPLETED as of October 6, 2026, thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement:
DATE OF AGREEMENT: October 11, 2022
NAME OF SURETY: Arch Insurance Company
BE IT FURTHER RESOLVED the payment (labor and materials) surety for $68,000.00, Bond No. 1185507 issued by the above surety be RETAINED for the six-month lien guarantee period until April 6, 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 $1,360.00 cash security for performance (Auditor's Deposit Permit No. DP856451, dated September 23, 2022) plus interest in accordance with Government Code Section 53079, if appropriate, to HD 2063 Walnut Creek LLC, pursuant to the requirements of the Ordinance Code; and the Subdivision Agreement and surety bond, Bond No. 1185507, dated June 2, 2022, are exonerated.
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