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 faithful performance for urban lot split minor subdivision MS22-00006, Alamo 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 urban lot split minor subdivision MS22-00006, for a project developed by David Brothers Construction, Inc., as recommended by the Public Works Director, Alamo 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 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, K. O’Connor-Engineering Services, A. Ruyters-Surveys, C. Halford-Mapping, W. Gardizi, Finance, Ruben Hernandez-DCD, David Brothers Construction, Inc, T- 04/20/2027
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 urban lot split minor subdivision MS22-00006, for a project developed by David Brothers Construction, Inc., as recommended by the Public Works Director, Alamo area. (District II)
WHEREAS, the Public Works Director has notified this Board that the private improvements in urban lot split minor subdivision MS22-00006 have been completed as provided in the Subdivision Agreement with David Brothers Construction, Inc., heretofore approved by this Board in conjunction with the filing of the Parcel Map.
WHEREAS, these improvements are approximately located near Stone Valley Road and Austin Lane
NOW, THEREFORE, BE IT RESOLVED that the private improvements have been COMPLETED as of October 20, 2026, thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement:
DATE OF AGREEMENT: March 7, 2023
BE IT FURTHER RESOLVED the payment (labor and materials) surety for $8,000.00 be RETAINED for the six month lien guarantee period until April 20, 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 $16,000.00 cash security for performance (Auditor's Deposit Permit No. 864307, dated February 10, 2023) plus interest in accordance with Government Code Section 53079, if appropriate, to David Brothers Construction, Inc. pursuant to the requirements of the Ordinance Code; and the Subdivision Agreement dated March 7, 2023 is exonerated.
end