Resolution No. _____________

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

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Resolution Authorizing Execution of an Agreement with the San Mateo County Transit District and the Colma BART Apartment Associates, L.P., a Delaware Limited Partnership - Maintenance of the Concrete Sidewalk that Lies within Michael D. Nevin Way 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 Associates, L.P., a Delaware limited partnership (Developer) is currently constructing a high density housing complex on the San Mateo County Transit District (District) property located adjacent to the Colma BART Station; and

WHEREAS, the Developer has proposed a concrete sidewalk that will lie within the Michel D. Nevin Way right-of-way; and

WHEREAS, the Director of Public Works has determined that the installation of the concrete sidewalk as proposed by the Developer will not interfere with the public’s use of the Michael D. Nevin Way right-of-way (Walkway) at this time or in the foreseeable future; and

WHEREAS, the Developer and the District have executed an agreement with the County to acknowledge the Developer or their successors in interest are responsible to maintain, repair, relocate, and/or remove said concrete sidewalk upon notification of the County; and

WHEREAS, the agreement provides that the Developer will be responsible for the ongoing maintenance of the sidewalk proposed to be installed as part of the development and for any damage to the Walkway as a result of the proposed 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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