San Bernardino header
File #: 8815   
Type: Consent Status: Passed
File created: 9/18/2023 Department: Land Use Services
On agenda: 9/26/2023 Final action: 9/26/2023
Subject: Assignment of Improvement Agreements and Replacement and Release of Bond Securities
Attachments: 1. ADD-ATT-LUS-9-26-2023-Faithful Performance Bond - Water System Improvements, 2. ADD-ATT-LUS-9-26-2023-Labor and Materials Bond - Road and Drainage, 3. ADD-ATT-LUS-9-26-2023-Labor and Materials Bond - Water System Improvements, 4. ADD-ATT- LUS-9-26-2023-CONSENT TO ASSIGNMENT AND AMENDMENT NO 1 - Road and Drainage Improvements, 5. ADD-ATT- LUS-9-26-2023-CONSENT TO ASSIGNMENT AND AMENDMENT NO 1 - Water System Improvements, 6. ADD-ATT-LUS-9-26-2023-Faithful Performance Bond - Road and Drainage, 7. Item #38 Executed BAI
REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION

September 26, 2023

FROM
MARK WARDLAW, Director, Land Use Services Department

SUBJECT
Title
Assignment of Improvement Agreements and Replacement and Release of Bond Securities
End

RECOMMENDATION(S)
Recommendation
1. Approve assignment, consent to assignment and first amendment to the road and drainage and water improvement agreements, with HMZ Holdings LLC and accept replacement performance bond securities in the amounts of $205,109 and $133,404, and labor and materials bond securities in the amounts of $102,554 and $66,702, for the construction of the required improvements for Tract No. 18938, which consists of seven residential lots, located north of Merrill Avenue and west of Live Oak Avenue in the Fontana area.
2. Release the existing performance bond securities pledged by Indemnity Company of California for road and drainage and water improvements, in the amounts of $205,109 and $133,404 and labor and materials bond securities in the amounts of $102,554 and $66,702, for Tract No. 18938.
(Presenter: Mark Wardlaw, Director, 387-4431)
Body

COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Operate in a Fiscally-Responsible and Business-Like Manner.
Ensure Development of a Well-Planned, Balanced, and Sustainable County.

FINANCIAL IMPACT
The approval of the assignment and substitution of bond securities for the existing securities will not result in the use of any additional Discretionary General Funding (Net County Cost). The substituted securities for this development, listed below, are adequate for the construction of the required improvements, which will be constructed at no direct cost to the County.

Improvement
Performance Amount
Labor & Material Amount
Road and Drainage
$205,109 (Surety)
$102,554 (Surety)
Water
$133,404 (Surety)
$66,702 (Surety)

BACKGROUND INFORMATION
On July 26, 2016 (Item No. 26), the Board of Supervisors (Boar...

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