Resolution No. _____________

Board of Supervisors, County of San Mateo, State of California

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Resolution Authorizing Execution an Agreement with the San Mateo County Transit District and the Colma Apartment Association, L.P., a California Limited Partnership - Maintenance of the Storm Drain Facilities that Traverse San Mateo County Transit District Property near the Colma BART Station - Colma Area

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RESOLVED, by the Board of Supervisors of the County of San Mateo, State of California, that

WHEREAS, Colma Apartment Association, L.P., a California limited partnership (Developers) is currently constructing a high density housing complex on San Mateo County Transit District (District) property located adjacent to the Colma BART Station; and

WHEREAS, a storm drain culvert has been constructed as part of the Developer’s project; and

WHEREAS, the City of Daly City, which maintains drainage facilities within their corporate limits upstream of the District’s property, is concerned that flooding could occur if the drainage system across the District’s property is not maintained; and

WHEREAS, to allay the City’s concerns, the Developer and the District have agreed to execute an agreement with the County to acknowledge that the Developers or their successors in interest are responsible for the maintenance of the culvert that is part of their construction; and

WHEREAS, there has been presented to this Board a form of agreement and this Board has considered same.

NOW THEREFORE, IT IS HEREBY DETERMINED AND ORDERED that the President of this Board of Supervisors be, and is hereby, authorized and directed to execute said Agreement on behalf of the County and the signature of the Clerk of this Board shall attest thereto.

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