Title
a. Approve Amendment No. 4 to the Subdivision Improvement Agreement for the York Highlands Resubdivision for an extension of 24 months (May 22, 2022); and
b. Authorize the Chair to execute the Amendment.
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors:
a. Approve Amendment No. 4 to the Subdivision Improvement Agreement for the York Highlands Resubdivision for an extension of 24 months (May 22, 2022); and
b. Authorize the Chair to execute the Amendment.
SUMMARY:
An additional two-year extension is needed because further regulatory delays have delayed the transfer of the York Highlands Resubdivision property. Over fifty (50) percent of the subdivision improvements have been completed, and there is ongoing work at this time. The banks and developer are working through regulatory, agency and other delays to secure the final buy-out and construction for the remaining buildout of York Highlands. There have been considerable delays due to difficulties in separating York Highlands from the Monterra HOA in terms of the ongoing management of the CC&R’s that are part of the York Highlands approvals. Monterey County Bank and United Security Bank intend to transfer the Resubdivision entitlements and improvement obligations to one or more developers who would in turn complete the subdivision improvements.
Amendment No. 4 would allow the time for completion of the subdivision improvements by extending the Agreement timeline to May 22, 2022. The Banks require the additional time provided in Amendment No. 4 to accomplish the transfer and complete the subdivision work.
DISCUSSION:
On May 22, 2012, the Board of Supervisors approved the Subdivision Improvement Agreement for the York Highlands Subdivision between the County of Monterey and Monterey County Bank and United Security Bank. On May 13, 2014, the Board of Supervisors approved the Amendment No. 1 to the County of Monterey Subdivision Improvement Agreement to extend the time for completion of the subdivision improvements. On March 22, 2016, the Board of Supervisors approved Amendment No. 2 to the County of Monterey Subdivision Improvement Agreement for York Highland Resubdivision between the County of Monterey and to extend the time for completion of the subdivision improvements to May 22, 2018. On June 26, 2018, the Board of Supervisors approved Amendment No. 3 to the County of Monterey Subdivision Improvement Agreement for York Highland Resubdivision between the County of Monterey and to extend the time for completion of the subdivision improvements to May 22, 2020.
OTHER AGENCY INVOLVEMENT:
The Office of County Counsel has approved Amendment No. 4 as to form.
FINANCING:
There is no financial impact to the General Fund. Sufficient appropriations are available in the RMA - Development Services FY2019 -20 Adopted Budget Fund 001, Unit 8196, Appropriation Unit RMA010 to finance this work. The cost of the extension processing is funded with developer fees.
BOARD OF SUPERVISORS STRATEGIC INITIATIVES:
Economic Development; Provide growth in opportunities for housing in Monterey County and provide construction jobs for Monterey County residents.
Infrastructure; Plan and develop a sustainable, physical infrastructure that improves the safety and quality of life for Monterey County residents. Provide for an adequate and safe infrastructure.
X Economic Development
__ Administration
__ Health & Human Services
X Infrastructure
__ Public Safety
Prepared by: Armando Fernandez, Civil Engineer, (831) 755-4873
Reviewed by: Randy Ishii. Chief of Public Works, (831) 755-4800
Approved by: Carl P. Holm, AICP, RMA Director, (831) 755-5103
Attachments are on file with the Clerk of the Board:
Attachment A - Amendment No. 4
Attachment B - Subdivision Improvement Agreement recorded 5/31/2012
Attachment C - Extension Request Letter 04/21/2020
Attachment D - Engineering Cost Estimate Review Letter 04/21/2020