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were originally dedicated to the City as part of the 2003 development agreement with RMC Lonestar, but are not needed now that the final road alignment, related improvements and utilities have been completed. Therefore, the abandonment of this excess right of way to the Toll Brothers as the adjacent property owner relieves the City of maintenance costs and liability, and allows the excess right of way to be more seamlessly incorporated into the required vineyard area. The excess right of way abandonment will offset VACSP roadway right of way cost reimbursement otherwise due for the 8,713 square feet of right of way previously dedicated to the City in the 2003 development agreement. Reimbursement agreement In conjunction with the improvements for Tract 8112, Toll Brothers will be extending water and sewer mains within the extension of Frog Hill Lane (Parcel C) for the benefit of the Roberts' property if and when they develop. According to the Vineyard Avenue Corridor Specific Plan the Roberts property is approved for three additional lots. There is no benefit of these utilities to the developer but staff required these improvements be installed at this time to avoid having to trench through the new driveway. The Subdivision Map Act allows for the reimbursement of improvements installed for the benefit of other benefitting properties. Consequently, Toll Brothers has asked the City to approve a reimbursement agreement such that when the Roberts subdivide their property for development they would be required to reimburse Toll Brothers the cost of these utilities. Pursuant to the terms of the reimbursement agreement, in the next 10 years if the Roberts subdivide or substantially increase the size of the existing house such that the existing septic system would have to be replaced, the owner would be required to connect to the water and sanitary sewer main installed with the extension of Frog Hill Lane and reimburse Toll Brothers for the installation of these utilities. Discretion to Deny the Final Map The approval of a Final Map when it substantially complies with the conditions of the Tentative Map is a mandatory, ministerial act (Government Code, Section 66474.1). Put another way, a Final Map shall be disapproved only for failure to meet conditions that were applicable at the time the Tentative Map was approved. If the Final Map is disapproved, there must be a finding identifying the conditions which were not met (Government Code, section 66473). Staff has reviewed the conditions of approval of the Tentative Map, and finds that all have been satisfied and that the Final Map complies with the conditions of the Tentative Map. Page 3 of 4