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 SD21-09573, Martinez 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 subdivision SD21-09573 for a project developed by Civic Park Midhill, LLC, as recommended by the Public Works Director, Martinez area. (District V)
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. Hutchins-Records, K. Piona-Record, T. Shepherd- Design/Construction, P. Tehaney- Design/Construction, M. Mancuso-Watershed Program/Flood Control, M. Giolli-Watershed Program/Flood Control, Catherine Windham-Watershed Program/Flood Control, C. Halford,-Mapping, C. Herrold-Finance, Civic Park Midhill, LLC, Ohio Casualty Insurance Company, T. March 9, 2026
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 SD21-09573 for a project developed by Civic Park Midhill, LLC, as recommended by the Public Works Director, Martinez area. (District V)
WHEREAS, the Public Works Director has notified this Board that the private improvements in subdivision SD21-09573 have been completed as provided in the Subdivision Agreement with Civic Park Midhill, LLC, heretofore approved by this Board in conjunction with the filing of the Subdivision Map.
WHEREAS, these improvements are approximately located near Midhill Road and Midway Drive.
NOW, THEREFORE, BE IT RESOLVED that the improvements have been COMPLETED as of September 16, 2025, thereby establishing the six_month terminal period for the filing of liens in case of action under said Subdivision Agreement:
DATE OF AGREEMENT: June 4, 2024
NAME OF SURETY: The Ohio Casualty Insurance Company
BE IT FURTHER RESOLVED the payment (labor and materials) surety for $290,000.00, Bond No. 070221576 issued by the above surety be RETAINED for the six month lien guarantee period until March 16, 2026, at which time the Board AUTHORIZES the release of said surety less the amount of any claims on file.
BE IT FURTHER RESOLVED that “Private Street” for the hereinafter described private road, as shown and dedicated for private use on the Final Map of Subdivision SD21-09573 filed August 12, 2024, in Book 557 of final maps at Page 38-42, Official Records of Contra Costa County, State of California, has been COMPLETED and is NOT ACCEPTED.
BE IT FURTHER RESOLVED that there is no warranty period required, and the Public Works Director is AUTHORIZED to refund the $5,800.00 cash security for performance (Auditor's Deposit Permit No. DP888613, dated March 28, 2024) plus interest in accordance with Government Code Section 53079, if appropriate, to Civic Park Midhill, LLC, pursuant to the requirements of the Ordinance Code; and the Subdivision Agreement and surety bond, Bond No. 070221576, dated March 21, 2024 are EXONERATED.
end