Title
Department of Transportation recommending the Board retroactively approve and authorize the Chair to sign the Second Amendment to Subdivision Improvement Agreement 22-55005 for Summerbrook - Unit 1 (Phase 1 & Phase 2) and Summerbrook - Unit 2 (Phase 3 & Phase 4), TM07-1440-R-2, with Summerbrook, El Dorado, Inc., extending the performance period from October 11, 2025, to October 11, 2026, resulting in no fiscal impact to the County.
(District 4)
FUNDING: Developer Funded.
Body
DISCUSSION / BACKGROUND
On October 11, 2022 (Legistar File 22-1717), the Board of Supervisors approved the Final Map and Agreement to Make Subdivision Improvements for Class 1 Subdivision Summer Brook - Unit 1 (Phase 1 & Phase 2) and Summerbrook - Unit 2 (Phase 3 & Phase 4), TM07-1440-R-2 (SIA) between the County and Summerbrook, El Dorado, Inc. (Owner).
On August 29, 2024, the Director of Transportation executed the First Amendment to the SIA under authority delegated by Resolution 96-95, extending the performance period from October 11, 2024, to October 11, 2025.
Transportation attempted to process acceptance of the work under the SIA as complete prior to the end of the performance period in October 2025, but outstanding landscape work prevented acceptance at that time. Execution of a second amendment to the SIA was authorized under Resolution 001-2025, as approved by the Board on January 7, 2025 (Legistar File 24-1982); however, due to delays, the amendment was not executed prior to the expiration of that resolution’s authority, which resulted in a lapse of the performance period. In order to correct the lapse, staff is requesting a one (1) year retroactive performance period extension to extend the performance period to October 11, 2026. While the improvements contemplated under the SIA have been completed, Transportation policies require a valid performance period at project completion; this extension will allow Transportation to accept the project as complete and initiate the one-year warranty period at a subsequent date.
ALTERNATIVES
N/A
PRIOR BOARD ACTION
See Discussion / Background section above.
OTHER DEPARTMENT / AGENCY INVOLVEMENT
County Counsel
CAO RECOMMENDATION / COMMENTS
Approve as recommended.
FINANCIAL IMPACT
The requested Board action has no associated fiscal impact or change to Net County Cost. The Developer will bear the cost of constructing the improvements in the Agreement.
CLERK OF THE BOARD FOLLOW UP ACTIONS
1) The Clerk of the Board will obtain the Chair’s signature on two (2) originals of the Amendment.
2) The Clerk of the Board will return one (1) original of the fully executed Amendment to Department of Transportation, attn: Lindsay Tallman, for final processing.
STRATEGIC PLAN COMPONENT
Priority: N/A
Action Item: N/A
CONTACT
Rafael Martinez, Director
Department of Transportation