RecDoc 2021-108252 1548 Maple Street

Browse Search

2020 respectively (collectively, the "Improvement Plans"), which, in addition to other improvements, provide for certain on-site and off-site public improvements consisting of street tree and street light improvements, irrigation systems, storm drain systems, domestic water systems, sanitary sewer systems, recycled water systems, undergrounding of overhead facilities, bay trail and waterfront park, new roadway and storm water treatment for the Project (collectively, "Improvements"). F. Upon approval and recordation of the Final Map, the Property will be divided into 131 residential condominium units with 5 lots and 1 common area lot. G. City and Developer entered into that certain Development Agreement dated August 3, 2018 and recorded in the official records of the County of San Mateo on November 15, 2018 as Document No. 2018-088890 (the "Development Agreement"). The Development Agreement addresses, among other things, Developer's and City's rights and obligations related to the portion of the Improvements associated with the Blomquist Street Extension. The intent of this Agreement is to not delay, among other things, the date of completion, inspection, acceptance, release of sureties, and warranty periods of the Non-Blomquist Improvements, as defined below, due to delays in the construction and acceptance of the Blomquist Improvements, also as defined below. All capitalized terms herein not otherwise defined in this Agreement have the same meaning as ascribed to them in the Development Agreement. H. Concurrently with entering into this Agreement, the Parties are entering into that certain First Amendment to the Development Agreement (the "First Amendment") which addresses the construction of a certain "Offsite Water Line" and "Alternative Offsite Waterline" as those terms are defined in the First Amendment. I. Subdivision Map Act Section 66462.5 prohibits a local agency from postponing or refusing to approve a final map because the subdivider has failed to construct or install offsite improvements if neither the subdivider nor the local agency have sufficient interest in a property to permit the offsite improvements to be made. However, the Subdivision Map Act permits the local agency and subdivider to enter into an agreement related to such offsite improvements requiring the subdivider to make such offsite improvements at such time the local agency obtains a sufficient property interest for the offsite improvements to be made. This Agreement is intended to serve as the agreement contemplated by Section 66462.5 for the Blomquist Improvements. J. City and Developer desire to enter into this Agreement providing for the construction and installation of the Improvements in accordance with the Improvement Plans. REV: 01-21-2021 PR ATTY/AGR.2021.01011548 Maple LLC (Page 2 of 29)