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Page 1 of 4 Item #14 CITY COUNCIL AGENDA REPORT December 19, 2023 Public Works - Engineering Division TITLE: ACCEPT SUBDIVISION IMPROVEMENTS CONSTRUCTED BY SUN MEADOWLARK LLC ASSOCIATED WITH TRACT 7813 AT 3459 OLD FOOTHILL ROAD, AND AUTHORIZE RELEASE OF FINANCIAL SECURITIES SUMMARY City Ordinance No. 1942 and PUD-58, adopted on November 7, 2006, approved the subdivision of an approximate 30-acre parcel located at 3459 Old Foothill Road into eight single-family home lots, one 22-acre open space parcel that was deeded to the City, and four non-buildable parcels that were subsequently transferred and merged with adjoining residential lots within Tract 5812 (8001, 8019, 8037, and 8055 Jorgensen Lane). Planning Commission Resolution PC-2007-25 also approved Vesting Tentative Tract Map 7813 on May 23, 2007. A Subdivision Agreement associated with Tract 7813 between the City and the subdivider, Sun Meadowlark LLC, governed the construction of subdivision improvements as guaranteed by financial securities held by the City in conformance with California law. Tract 7813 created Kingbird Court (a public street) and dedicated public service and storm drain easements to the City. An Easement and Maintenance Agreement transferred the City’s maintenance obligations for the subdivision’s stormwater treatment facility as well as Landscape Buffer Areas within the open space to the subdivider. A Stormwater Treatment Measures Inspection and Maintenance Agreement also obligated the subdivider to operate a stormwater treatment facility in perpetuity. The subdivider subsequently transferred these obligations to the Sun Meadowlark Estates Owners Association. Now that construction of the required subdivision improvements is complete, the subdivider has requested formal acceptance of the improvements governed by the Subdivision Agreement and the release of applicable financial securities. RECOMMENDATION 1. Accept the subdivision improvements constructed as part of Tract 7813, 90 calendar days after this action pursuant to California Government Code §66499.7. 2. Authorize the release of the Labor and Materials Bond held as financial security in the amount of $3,199,000 (Bond No. 4454782 by Markel Insurance Company), 90 calendar days after this action assuming no liens are filed. 3. Authorize the release of the Performance Bond in the amount of $3,199,000 (Bond No. 4454782 by Markel Insurance Company) held in lieu of the Maintenance and Defect Security described in Section 7 of the Subdivision Agreement, one calendar year after this action assuming no latent defects are discovered. Page 210 of 270