County Gives Lennar Retroactive Extension On Lytle Creek Levee Completion

(August 9) The county this week approved a one-year retroactive extension on the time the developer of a long-delayed 2,000-lot subdivision in Lytle Creek has to complete a levee and other drainage improvements for the project.
The county is requiring Corona-based Lennar to construct the Lytle Creek Levee Improvement and Sycamore Creek Drive road and drainage improvement projects for Tract 18402, which is a partial re-subdivision of Tract No. 15900.
County policy for improvement security and bonding on the subdivision, approved on September 16, 1985 and then later amended on June 3, 1991, allows for extensions of time where there are extenuating circumstances. Lennar has requested several extensions of time to complete the required levee improvement and road and drainage improvements, most recently on May 29, 2013. “This extension of
time is retroactive due to delays in receiving approval documents from other agencies,” said Tom Hudson, the director of the San Bernardino County Land Use Services Department.
On May 19, 2009, the county board of supervisors partially reduced the initial road and drainage performance securities for the Lytle Creek Levee Improvement from $10,449,000 to $2,099,800.  On June 15, 2010, the board reduced the performance securities for the Sycamore Creek Drive road and drainage improvements from $7,506,000 to $1,501,200.
As part of the original Tract 15900 sureties, Lennar agreed to complete the required Lytle Creek Levee Improvement and Sycamore Creek Drive road and drainage improvements by July 13, 2012. The board granted an extension of time on September 11, 2012, which moved the completion time from July 13, 2012 to July 13, 2013 after Lennar cited the downturn in the housing market as the reason for the delay.
Economic difficulties have caused delays in the completion of the improvements and Lennar has requested a time  extension to complete the levee and drainage improvements once more.
According to Hudson, “This extension of time will allow Lennar until July 13, 2014 to complete the required improvements. Lennar has paid the required deposit for the extension of time. The department is satisfied that the secured amounts are sufficient to complete the construction of the required Lytle Creek Levee Improvement and Sycamore Creek Drive road and drainage improvements and therefore recommends approval of this extension of time. The flood control district’s operations division is satisfied that the Lytle Creek Levee Improvement is currently in good standing and therefore recommends approval of this extension of time.
The performance securities will be held until Lennar completes construction of the required improvements and the board accepts the construction. The labor and materials securities will be held until six months after the board accepts construction of the improvements and the department verifies that no liens have been filed with the clerk of the board.”

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