HomeMy WebLinkAbout03 - CC-9 - Release of Bonds PS08-00071 Tract 16945 - 1/4/2011CITY COUNCIL AGENDA REPORT
MEETING DATE: JANUARY 4, 2011 ITEM NUMBER:
SUBJECT: RELEASE OF BONDS IN CONNECTION WITH ENCROACHMENT PERMIT NO.
PS08-00071 FOR STREET IMPROVEMENTS AND CORNER MONUMENTATION
FOR TRACT 16945 LOCATED AT 2453 ORANGE AVENUE, COSTA MESA,
CALIFORNIA.
DATE: DECEMBER 23, 2010
FROM: PUBLIC SERVICES DEPARTMENT/ENGINEERING DIVISION
PRESENTATION BY: PETER NAGHAVI, DIRECTOR, PUBLIC SERVICES DEPARTMENT
FOR FURTHER INFORMATION CONTACT: ERNESTO MUNOZ, CITY ENGINEER, 714-754-5335
RECOMMENDED ACTION
Release the Performance and Labor and Material Bonds (Certificate No. 661121244) in the
amounts of $46,808 each for street improvements, and (Certificate No. 661121243) for setting
corner monuments in the amount of $8,000 to 2453 Orange Ave, LLC, (Developer), 190
Newport Center Drive, Suite 220, Newport Beach, California 92660.
BACKGROUND
On October 16, 2007, the City Council approved the Final Map Tract No. 16945 for the
subdivision of nine (9) residential lots and one (1) number lot for a common interest residential
development. The Engineering Division required the setting of durable monuments at corners
of exterior and interior lots. The Performance Bond in the amount of $8,000 was received and
accepted by the Public Services Department as a guarantee for the setting of the monuments.
Also, the Engineering Division issued Encroachment Permit No. PS08-00071 to Mark Company
(Contractor), for the construction of street improvements within Orange Avenue. The
Encroachment Permit allowed the construction of sidewalk, curb and gutter, drive approach and
the connection to the storm drain line. The Performance and Labor and Materials Bonds in the
amounts of $46,808 each were received and accepted by the Public Services Department as a
guarantee for the construction of the improvements.
ANALYSIS
All conditions of the Encroachment Permit have been met and the work has been completed
and accepted by the Public Services Department.
ALTERNATIVES CONSIDERED
The alternative to this Council action would be to retain the Performance and Labor and Material
Bonds. Costa Mesa Municipal Code Section 15-32 states, "The condition of said bond shall be
that the applicant will perform the work authorized by any permit issued pursuant to this chapter
in a good and workmanlike manner and to the satisfaction of the City Engineer." These
conditions have been met; therefore, retention of the bonds would be in violation of the
Municipal Code.
FISCAL REVIEW
There is no fiscal impact to the City relative to this item.
LEGAL REVIEW
There is no legal review required relative to this item.
CONCLUSION
All of the required conditions of the Encroachment Permit have been completed by the
contractor, and all of the monuments have been set by the Engineer. Therefore, staff
recommends that the Performance and Labor and Material Bonds in the amounts of $46,808
each, and the bond for setting corner monuments in the amount of $8,000 be released to 2453
Orange Avenue, LLC.
ERNESTO MUNOZ
City Engineer
DISTRIBUTION
City Manager
City Clerk
City Attorney
Staff
PETER NAGHAVI, DIRECTOR
Public Services Department
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