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Resolution approving the final parcel map for 988 El Camino Real, authorizing the City Manager to execute the improvement agreement, the encroachment and maintenance agreement, the storm drain easement encroachment agreement, the construction, operation and maintenance (COM) agreement, and the stormwater treatment measures maintenance agreement, and authorizing the recordation of the final parcel map, the improvement agreement and all related documents.
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WHEREAS, the City Engineer and the City of South San Francisco’s (“City”) technical reviewer, with concurrence of all affected City departments and divisions, have determined that the final parcel map for 988 El Camino Real, described in Exhibit A of the attached resolution, the on-site and off-site improvements, and all related documents and plans are in compliance with the Subdivision Map Act, the City’s Subdivision Ordinance, and all applicable tentative map conditions of approval for said development; and
WHEREAS, the final parcel map for 988 El Camino Real will merge the existing parcels into one (1) parcel to construct a mixed-use building, which includes one-hundred seventy-two (172) residential units and two (2) commercial units. All units will be served by public roads (El Camino Real and Chestnut Avenue), sewers, storm drains, and other private utilities; and
WHEREAS, pursuant to South San Francisco Municipal Code Chapter 19.44.090, the Subdivider is required to execute a subdivision improvement agreement for all improvements to be constructed in the subdivision; and
WHEREAS, the improvement agreement is an agreement between SHAC 988 ECR Apartments LLC, also known as Summerhill Homes, (“Developer”) and the City, described in Exhibit B which requires the Developer to construct the various public improvements (“Improvements”) adjacent to the subdivision consisting of the civil, landscape, and joint trench improvement plans and cost estimate related to the public improvements; and
WHEREAS, the Developer has placed a bond in the amount of 110% of the cost of the Improvements; and
WHEREAS, the encroachment and maintenance agreement is an agreement between the Developer and the City, described in Exhibit C, which allows the Developer to install certain improvements within the City Right-of-Way (“ROW”) and requires the Developer to maintain these certain improvements and all landscape along the frontage of the property; and
WHEREAS, the storm drain easement encroachment agreement is an agreement, described in Exhibit D, that provides indemnification regarding an existing box culvert within the property and includes proposed improvements serving the development and memorializes an understanding between the City and the Developer regarding future repairs to the existing box culvert and surface improvements installed by the development; and
WHEREAS, the construction, operation, and maintenance agreement (COM Agreement) is an agreement between the Developer and the City, described in Exhibit E, that provides consent from City to allow the Developer to install and maintain enhancements and fitness equipment to the Centennial Trail at a location where City holds a Bay Area Rapid Transit (BART) entry permit over BART property; and
WHEREAS, the stormwater treatment measures maintenance agreement is an agreement between the Developer and the City, described in Exhibit F, that requires the Developer to maintain and inspect the private stormwater treatment measures on the Development and report to the Water Quality Control Plant annually; and
WHEREAS, the aforementioned improvement agreement, encroachment and maintenance agreement, storm drain easement encroachment agreement, COM agreement, and stormwater treatment measures maintenance agreement were reviewed by the City Attorney’s office; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby approves the improvement agreement and authorizes the City Manager to execute the improvement agreement, on behalf of the City; and
BE IT FURTHER RESOLVED, the City Council hereby approves the encroachment and maintenance agreement and authorizes the City Manager to execute the encroachment and maintenance agreement, on behalf of the City; and
BE IT FURTHER RESOLVED, the City Council hereby approves the storm drain easement encroachment agreement and authorizes the City Manager to execute the storm drain easement encroachment agreement, on behalf of the City; and
BE IT FURTHER RESOLVED, the City Council hereby approves the COM agreement and authorizes the City Manager to execute the COM agreement, on behalf of the City; and
BE IT FURTHER RESOLVED, the City Council hereby approves the stormwater treatment measures maintenance agreement and authorizes the City Manager to execute the stormwater treatment measures maintenance agreement, on behalf of the City; and
BE IT FURTHER RESOLVED, subject to execution of the improvement agreement, encroachment and maintenance agreement, and storm drain easement encroachment agreement, the City Council approves the final parcel map for 988 El Camino Real; and
BE IT FURTHER RESOLVED, the City Council authorizes recordation of the final parcel map for 988 El Camino Real, the aforementioned agreements as applicable, and all related documents; and
BE IT FURTHER RESOLVED, that the City Manager is authorized to take any other action consistent with the intent of this Resolution, subject to approval as to form by the City Attorney.
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