Resolution 2023-XX Page 1 of 3 DRAFT
RESOLUTION NO. 2023-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT
APPROVING THE FINAL MAP AND IMPROVEMENT PLANS FOR
TRACT NO. 8205, ACCEPTING THE OFFER S OF DEDICATION
IDENTIFIED ON THE FINAL MAP , AND AUTHORIZING THE CITY
MANAGER TO SIGN AN IMPROVEMENT AGREEMENT FOR PRIVATE
IMPROVEMENTS FOR TRACT 8205
WHEREAS, a final subdivision map of Tract No.8205 ("Final Map") in the City of Fremont, County of Alameda, State of California, has been presented to the City Council of the City of Fremont for approval, and the Final Map is on file with the City Engineer and is available for review upon request; and
WHEREAS, the Developer of the project described by the Final Map is Lennar Homes of California, LLC; and
WHEREAS, the Final Map is geographically located within the boundaries of the Tentative Map entitled “Vesting Tentative Map for Tract 8205 – Niles Gateway, City of Fremont, Alameda County, California,” and the Tentative Map is on file with the City Engineer and is available for review upon request; and
WHEREAS, the City's approval of the Tentative Map was conditioned upon the satisfaction of certain conditions of approval ("Conditions"), a copy of which is on file with the City Engineer and available for review upon request; and
WHEREAS, the Final Map includes offers for the dedication of interests in real property to the City, including but not limited to Niles Boulevard, and easements as shown on Tract Map 8205; and
WHEREAS, as required by the Conditions, the Developer submitted improvement plans and specifications ("Improvement Plans") to the City entitled, “Improvement Plans – Tract 8205, Niles Gateway, City of Fremont, Alameda County, California,” containing 108 sheets, which describe the construction of the public improvements (Niles Boulevard and Chase Court) and private improvements required by the Conditions, including but not limited to complete construction of Cinematic Common, Dollar Common, Locomotive Terrace, Quincy Terrace, Sierra Terrace, Sennett Terrace, and Limelight Terrace; and
WHEREAS, the Developer has previously entered into a signed agreement with the City entitled “Improvement Agreement, ENC2022-00131 – Niles Gateway – Offsite Improvement Plan Set” ("Public Improvement Agreement"), by which the Developer has agreed to construct all public improvements required by the Conditions, including but not limited to those described by the Improvement Plans; and
WHEREAS, concurrently with the submittal of the Public Improvement Agreement, the Resolution 2023-XX Page 2 of 3 Developer has posted improvement security to guarantee completion of the public improvements and payment of laborers and suppliers in accordance with the Public Improvement Agreement, including a faithful performance bond in the amount of $444,000 and a labor and material bond in the amount of $444,000; and
WHEREAS, the Developer has submitted to the City a signed agreement entitled “Improvement Agreement, Private Improvements, Tract 8205” ("Private Street Improvement Agreement"), by which the Developer has agreed to construct all private improvements required by the Conditions, including but not limited to those described by the Improvement Plans; and
WHEREAS, concurrently with the submittal of the Private Street Improvement Agreement, the Developer has posted improvement security to guarantee completion of the private improvements and payment of laborers and suppliers in accordance with the Private Improvement Agreement, including a faithful performance bond in the amount of $4,928,000and a labor and material bond in the amount of $4,928,000; and
WHEREAS, the Developer has paid all fees required by the Conditions for processing of the Final Map; and
WHEREAS, upon the City's review of the Final Map, the Improvement Plans, and the Agreements, the Final Map has been found to conform to the requirements of the Subdivision Map Act (California Government Code Sections 66410, et seq.), and the City's Subdivision Ordinance (Fremont Municipal Code, Title 17), and the Conditions.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FREMONT HEREBY RESOLVES AS FOLLOWS:
1. The City Council approves the Final Map for Tract 8205, and the City Clerk is authorized and directed to certify this fact on the face of the Final Map.
2. The City Council approves the Improvement Plans for Tract 8205.
3. All offers for the dedication of interests in real property to the City identified on the Final Map (whether by fee, easement, right-of-way, or otherwise) are accepted by the City; provided, however, to the extent offers of dedication are for interests in real property on which the Developer is required to construct public improvements, the City's acceptance shall be conditioned upon the City Engineer's acceptance of the public improvements as complete.
4. The City Council authorizes the City Manager or designee to sign the agreement entitled “Private Improvement Agreement, Tract 8205”.
ADOPTED , 2023 by the City Council of the City of Fremont by the following vote, to wit:
AYES:
Resolution 2023-XX Page 3 of 3 NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney