Resolution 2022-XX Page 1 of 3
RESOLUTION NO. 2022-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT
APPROVING THE FINAL MAP AND IMPROVEMENT PLANS FOR
TRACT NO . 8530, ACCEPTING THE OFFER S OF DEDICATION
IDENTIFIED ON THE FINAL MAP , AND AUTHORIZING T HE CITY
MANAGER TO SIGN IMPROVEMENT AGREEMENTS FOR PUBLIC AND
PRIVATE IMPROVEMENTS FOR TRACT 8530
WHEREAS, a final subdivision map of Tract No.8530 ("Final Map") in the City of Fremont, County of Alameda, State of California, has been presented to the City Council for approval, and the Final Map is on file with the City Engineer and is available to the public for review upon request; and
WHEREAS, the Developers of the project described on the Final Map is Fatima Ahmed and Zafir Shaiq (the “Developer”); and
WHEREAS, the Final Map is geographically located within the boundaries of the Tentative Map entitled “Vesting Tentative Map for Tract 8530 – Decoto Lux , 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 of Fremont's (“City”) approval of the Tentative Map was conditioned upon the satisfaction of certain conditions of approval ("Conditions"), and a copy of which is on file with the City Engineer and available for review upon request; and
WHEREAS, the Final Map includes offers of dedication of interests in real property to the City, including property interests on Decoto Road and other easements as shown on Tract Map 8530; and
WHEREAS, as required by the Conditions, the Developer submitted improvement plans and specifications ("Improvement Plans") to the City entitled, “Improvement Plans – Tract 8530, City of Fremont, Alameda County, California,” containing 28 sheets, which describe the construction of public improvements (Decoto Road) and private improvements required by the Conditions including, but not limited to, complete construction of Moina Shaiq Common; and
WHEREAS, the Developer has submitted to the City a signed agreement entitled “Public Improvement Agreement, Tract 8530” ("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 Developer has posted security to guarantee completion of the public improvements and payment of laborers and suppliers, including a faithful performance bond in the amount of $97,000 and a labor and material bond in the amount of $97,000; and
Resolution 2022-XX Page 2 of 3
WHEREAS, the Developer has submitted to the City a signed agreement entitled “Private Improvement Agreement, Tract 8530”, 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 Improvement Agreement, the Developer has posted security to guarantee completion of the private improvements and payment of laborers and suppliers, including a faithful performance bond in the amount of $513,000 and a labor and material bond in the amount of $513,000; 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:
Section 1. The Final Map is hereby approved, and the City Clerk is authorized and directed to certify this fact on the face of the Final Map.
Section 2. The Improvement Plans are hereby approved.
Section 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.
Section 4. The City Manager or designee is hereby authorized to execute, on behalf of the City, the agreements entitled “Public Improvement Agreement, Tract 8530” and “Private Improvement Agreement, Tract 8530.”.
Section 5. This action is consistent with the City Council’s previous finding of CEQA exemption pursuant to CEQA Guideline Section 15332 regarding approval of Infill Development Projects. The City Council further finds that the Final Map and Improvement Plans are consistent with the original project description, scope of work, and no further environmental review is required.
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Resolution 2022-XX Page 3 of 3
ADOPTED, , 2022, by the City Council of the City of Fremont by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney