Special Notice / Hearing: None__
Vote Required: Majority
To: Honorable Board of Supervisors
From: Michael P. Callagy, County Executive
Subject: Approval of a Covenant Regarding Sewer Lateral with MP Moss Beach Associates, L.P. for the Cypress Point Affordable Housing Project in Moss Beach
RECOMMENDATION:
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Adopt a resolution authorizing the County Executive, or designee, to execute, and the County of San Mateo to accept and record, a Covenant with MP Moss Beach Associates, L.P. regarding the sewer lateral to serve the Cypress Point Affordable Housing Project.
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BACKGROUND:
MP Moss Beach Associates, L.P. (“Agent”) is the developer of the Cypress Point Affordable Housing Project (“Project”) located at 1800 Carlos St, Moss Beach, APN 037-022-070 (“Property”). A sewer lateral serving the Property must be constructed within public right-of-way owned by the State of California and the County of San Mateo (“County”) to connect the Property to the Montara Water and Sanitary District ("District") sewer main.
Construction of the lateral is subject to permits and approvals obtained by Agent from the District, the California Department of Transportation (“Caltrans”), and the County.
DISCUSSION:
Under the proposed Covenant, the County will accept legal ownership of the sewer lateral solely to facilitate its installation and continued presence within the public right-of-way. This acceptance of ownership will not transfer to the County any responsibility for operation, inspection, maintenance, repair, rehabilitation, replacement, reconstruction, or associated costs, and the lateral will not be accepted into, or become a facility of, any County sewer maintenance district or County-operated sanitary sewer system. The County retains discretion to approve or deny any additional connections to the lateral; its current intent is to serve only the Property.
MP Moss Beach Associates, L.P. will accept sole responsibility for the construction, inspection, operation, maintenance, rehabilitation, replacement, reconstruction, emergency response, and repair of the sewer lateral; for all associated costs; and for obtaining all necessary permits and approvals from Caltrans, the District, and the County. MP Moss Beach Associates, L.P. will release the County from any obligation to repair or pay for the repair of structures damaged during the lifetime of the lateral, and releases and holds harmless the County, its officers, employees, agents, and representatives from claims, demands, and damages arising from the lateral's operation. If Agent fails to perform required maintenance or repair work, the County may, but is not obligated to, perform such work and be reimbursed by Agent for its costs. The Covenant is intended to run with the Property pursuant to California Civil Code §§ 1457 et seq., and will be recorded so that it is binding on Agent's successors, transferees, and assignees.
County Attorney has reviewed the agreement as to form.
COMMUNITY IMPACT:
Approval of this Covenant supports the completion of the Cypress Point Affordable Housing Project in Moss Beach by allowing the sewer lateral needed to connect the project to sanitary sewer service to be built and maintained within public right-of-way, at no cost or ongoing obligation to the County. The project will provide needed affordable housing units in the Moss Beach community.
FISCAL IMPACT:
There is no increase in Net County Cost and no fiscal impact to the County.