File #: A 16-068    Name: York Highlands Subdivision Agrmt Amdmt 2
Type: BoS Agreement Status: Passed
File created: 3/16/2016 In control: Board of Supervisors
On agenda: 3/22/2016 Final action: 3/22/2016
Title: a. Approve and authorize the Chair to sign Amendment No 2 to the Subdivision Improvement Agreement for the York Highlands Re-subdivision for an extension of 24 months; and b. Authorize the Director of Resource Management Agency to act as the agent for the County in processing all documentation to extend Subdivision Improvement Agreements for subdivisions for a period not to exceed 24 months.(Revised via Additions & Corrections)
Sponsors: Public Works / RMA
Attachments: 1. Attachment A Extension Request Letter 031116, 2. Attachment B Engineering Cost Estimate 030316, 3. Attachment C Amendment 2 to SIA for York Highland Resubdivision 031116, 4. Attachment D Board Order 051314, 5. Attachment E Initial Extension Request 022114, 6. Attachment F Amendment No. 1 052914, 7. Board Report, 8. Attachment G Subdivision Improvement Agreement 023112, 9. Completed Board Order, 10. Compledted Board Order - Corrected

Title

a.  Approve and authorize the Chair to sign Amendment No 2 to the Subdivision Improvement Agreement for the York Highlands Re-subdivision for an extension of 24 months; and

b.  Authorize the Director of Resource Management Agency to act as the agent for the County in processing all documentation to extend Subdivision Improvement Agreements for subdivisions for a period not to exceed 24 months.(Revised via Additions & Corrections)

 

Report

RECOMMENDATION:

It is recommended that the Board of Supervisors:

 

a.  Approve and authorize the Chair to sign Amendment No 2 to the Subdivision Improvement Agreement for the York Highlands Re-subdivision for an extension of 24 months; and

 

b.   Authorize the Director of Resource Management Agency to act as the agent for the County in processing all documentation to extend Subdivision Improvement Agreements for subdivisions for a period not to exceed 24 months. (Revised via Additions & Corrections)

 

SUMMARY/DISCUSSION:

On May 13, 2014, the Board of Supervisors approved Amendment No. 1 to the County of Monterey Subdivision Improvement Agreement (Attachment G) for York Highland Re-subdivision between the County of Monterey and Monterey County Bank and United Security Bank to extend the time for completion of the subdivision improvements to May 22, 2016.  (See attached Board Order 14-046 (Attachment D) approving an amendment to Section 4(d) of the Agreement to extend the time for completion of the subdivision improvements to May 22, 2016)

 

At this time, a further two-year extension is needed because further regulatory and agency delays have delayed the transfer of the York Highlands Re-subdivision property.  The regulatory delays have involved the FDIC’s ongoing regulatory oversight relating the York Highlands property. 

 

A portion of the York Highlands property is currently in escrow, and is expected to close in a few weeks.  Due to these delays an additional extension of time of (2) years is requested.  Based on time extension request, the engineer’s cost estimate has been reviewed by the subdivider and Engineering Cost Estimate Review Letter (Attachment B) has been submitted indicating previously prepared engineering cost estimate for York Highlands Re-subdivision is within a reasonable construction pricing range so no changes or updates to the estimate are necessary.

 

OTHER AGENCY INVOLVEMENT:

The Office of County Counsel has approved Amendment No. 2 as to form. 

 

FINANCING:

There is no financial impact to the General Fund.  Sufficient appropriations are available in the Development Services FY 2015-16 adopted budget (Fund 001 Unit 8196 RMA010) to finance this work.  The cost of the extension processing is funded with developer fees.

 

Prepared by:  Michael K. Goetz, County Surveyor/Chief of Surveys (831) 755-4940

 

Approved by:  Benny J. Young, Interim Director of Public Works and Facilities

 

Approved by:  Carl P. Holm, AICP, RMA Director

 

Prepared Date:  March 11, 2016

 

Attachments:                     Attachment A - Extension Request Letter 031116; Attachment B - Engineering Cost Estimate Review Letter 030316; Attachment C - Amendment No. 2; Attachment D - Board Order 051314; Attachment E - Initial Extension Request - 022114; Attachment F - Amendment No. 1 0529114; Attachment G - Subdivision Improvement Agreement 053112; (Attachments on file with the Clerk of the Board)