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Tc Agenda Pkt 2020-11-18
TOWN OF TIBURON Tiburon Town Hall 1505 Tiburon Boulevard Tiburon, CA 94920 Tiburon Town Council November 18, 2020 Special Meeting – 4:30 p.m. Regular Meeting – 5:00 p.m. TIBURON TOWN COUNCIL AGENDA CORONAVIRUS (COVID-19) ADVISORY NOTICE On May 18, 2020, the Marin County Public Health Officer issued a legal order directing residents to shelter at home until further notice. The order limits activity, travel and business functions to only the most essential needs. Additional information is available at https://coronavirus.marinhhs.org/ Consistent with Executive Orders No. N-25-20 and No. N-29-20 from the Executive Department of the State of California, the Town Council meeting will not be physically open to the public and all Council Members will be teleconferencing into the meeting. To maximize public safety while still maintaining transparency and public access, members of the public can access the meeting by following the meeting live at: Audio/Video Webinar: https://zoom.us/j/94964306885 Webinar ID: 949 6430 6885 Call-in Number: +1 669 900 6833 Access Code: 949 6430 6885 Instructions for providing public comment live during the meeting using Zoom are linked on the Town’s website and to this agenda. Members of the public may provide public comment by sending comments to the Town Clerk by email at comments@townoftiburon.org. Comments received prior to the start of the Council meeting will be distributed electronically to the Town Council and posted on the Town’s website. Comments received after the start time of the Council meeting, but prior to the close of public comment period for an item, will then be read into the record, with a maximum allowance of 3 minutes per individual comment, subject to the Mayor’s discretion. All comments read into the record should be a maximum of 500 words, which corresponds to approximately 3 minutes of speaking time. If a comment is received after the agenda item is heard but before the close of the meeting, the comment will still be included as a part of the record of the meeting but will not be read into the record. Any member of the public who needs accommodations should email or call the Town Clerk who will use their best efforts to provide reasonable accommodations to provide as much accessibility as possible while also maintaining public safety in accordance with the Town’s procedure for resolving reasonable accommodation requests. All reasonable accommodations offered will be listed on the Town’s website at www.townoftiburon.org. SPECIAL MEETING – 4:30 p.m. CALL TO ORDER AND ROLL CALL Councilmember Kulik, Councilmember Ryan, Councilmember Welner, Vice Mayor Thier, Mayor Fredericks CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Government Code Section 54956.9: (One potential case) ADJOURNMENT – to regular meeting REGULAR MEETING – 5:00 p.m. CALL TO ORDER AND ROLL CALL Councilmember Kulik, Councilmember Ryan, Councilmember Welner, Vice Mayor Thier, Mayor Fredericks ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY ORAL COMMUNICATIONS Persons wishing to address the Town Council on subjects not on the agenda may do so at this time. Please note however, that the Town Council is not able to undertake extended discussion or action on items not on the agenda. Matters requiring action will be referred to the appropriate Commission, Board, Committee or staff for consideration or placed on a future Town Council meeting agenda. Please limit your comments to three (3) minutes. CONSENT CALENDAR All items on the Consent Calendar may be approved by one motion of the Town Council unless a request is made by a member of the Town Council, public or staff to remove an item for separate discussion and consideration. If you wish to speak on a Consent Calendar item, please seek recognition by the Mayor and do so at this time. CC-1. Investment Summary – Adopt investment summary for month ending September 30, 2020 (Department of Administrative Services) CC-2. Oak Creek Town Houses – Approve the Parcel Map for “Parcel 1 Oak Creek Town Houses”, authorize staff to sign the Parcel Map and release the map for recordation (Department of Public Works/Community Development) INTERVIEWS FOR VACANCIES ON TOWN BOARDS & COMMISSIONS • Pam Bonnie (Diversity Inclusion Task Force) • Noah Griffin (Diversity Inclusion Task Force) • Erin Burns (Diversity Inclusion Task Force) • Uma Lerner (Diversity Inclusion Task Force) • Anh Sundstrom (Diversity Inclusion Task Force) • Sara Maurer (Diversity Inclusion Task Force) DISCUSSION ITEMS DI-1. General Plan Update Process Review – Receive report from Christine O’Rourke on the General Plan Update progress and provide feedback (Community Development Department) DI-2. Public Art Program – Receive presentation by the Heritage & Arts Commission and Public Art Selection Panel on the Public Art Program and provide feedback on the current program and procedures and future goals (Heritage & Arts Commission) ACTION ITEMS AI-1. Hawthorne Utility Undergrounding Assessment District – Approve plans and direct staff to proceed with bidding for the Hawthorne Undergrounding Assessment District (Department of Public Works) TOWN COUNCIL REPORTS TOWN MANAGER REPORT TM-1. Update on Town’s Response to COVID-19 Emergency WEEKLY DIGESTS • Town Council Weekly Digests – November 6 & 13, 2020 ADJOURNMENT GENERAL PUBLIC INFORMATION ASSISTANCE FOR PEOPLE WITH DISABILITIES In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Town Clerk at (415) 435- 7377. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. AVAILABILITY OF INFORMATION Copies of all agenda reports and supporting data are available for viewing and inspection at Town Hall and at the Belvedere-Tiburon Library located adjacent to Town Hall. Agendas and minutes are posted on the Town’s website, www.townoftiburon.org. Upon request, the Town will provide written agenda materials in appropriate alternative formats, or disability-related modification or accommodation, including auxiliary aids or services, to enable individuals with disabilities to participate in public meetings. Please send a written request, including your name, mailing address, phone number and brief description of the requested materials and preferred alternative format or auxiliary aid or service at least 5 days before the meeting. Requests should be sent to the Office of the Town Clerk at the above address. PUBLIC HEARINGS Public Hearings provide the general public and interested parties an opportunity to provide testimony on these items. If you challenge any proposed action(s) in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing(s) described later in this agenda, or in written correspondence delivered to the Town Council at, or prior to, the Public Hearing(s). TIMING OF ITEMS ON AGENDA While the Town Council attempts to hear all items in order as stated on the agenda, it reserves the right to take items out of order. No set times are assigned to items appearing on the Town Council agenda. TOWN OF TIBURON PAGE 1 OF 2 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Administrative Services Subject: Recommendation to Accept the September 2020 Investment Summary Reviewed By: _________ Greg Chanis, Town Manager n/a ________ Benjamin Stock, Town Attorney SUMMARY Staff provides the Town Council a monthly report on the Town’s investment activity. This report is for the month ended September 30, 2020. RECOMMENDED ACTION(S) 1. Staff recommends that the Town Council: Move to accept the Investment Summary for September 2020 BACKGROUND Pursuant to Government Code Section 53601, staff is required to provide the Town Council with a report regarding the Town’s investment activities for the monthly period ended September 30, 2020. All of the funds listed below are on deposit with the Local Agency Investment Fund (LAIF). ANALYSIS September 2020 Agency Investment Amount Interest Rate Maturity Local Agency Investment Fund (LAIF) – Beginning Balance as of 09/01/2020 $21,964,469.27 0.685 % Liquid Deposits $0.00 Withdrawals $0.00 Interest Earnings (Posted Quarterly) $0.00 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting November 18, 2020 Agenda Item: CC-1 1-I I I I 7 -- -- -- L I I I I _J Town Council Meeting November 18, 2020 TOWN OF TIBURON PAGE 2 OF 2 Total Ending Balance as of 09/30/2020 $21,964,469.27 The total invested at the end of the prior month was $21,964,469.27. No deposits or withdrawals were made in the reporting period. Accrued interest is posted in the month following the end of each quarter, therefore no interest was credited in September 2020. In addition to the funds on deposit with LAIF, the Town invests funds in two Section 115 Irrevocable Trusts for Other Post-Employment Benefits and pension obligations. These trusts are administered by Public Agency Retirement Services (PARS). The PARS September 2020 Statement is attached to this report as Exhibit 1. FINANCIAL IMPACT No financial impact occurs by accepting this report. The Town continues to meet the priority principles of investing – safety, liquidity and yield in this respective order. ENVIRONMENTAL REVIEW Staff has preliminarily determined that acceptance of this investment summary is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA. RECOMMENDATION Staff recommends that the Town Council: Move to accept the Investment Summary for September 2020 Exhibit(s): 1. PARS Section 115 Trust Account Summary for September 2020 Prepared By: Suzanne Creekmore, Director of Administrative Services EXHIBIT 1 Plan Summary Beginning Plan Value as of 09/01/2020 $4,346,657.78 Change in Plan Value $(70,441.44) Ending Plan Value as of 09/30/2020 $4,276,216.34 Activity Summary by Source Balance on Balance on Source 09/01/2020 Contributions Earnings Expenses Distributions Transfers 09/30/2020 OPEB $2,679,826.87 $0.00 $(51,981.75)$(1,280.88)$0.00 $0.00 $2,626,564.24 PENSION $1,666,830.91 $0.00 $(16,373.59) $(805.22)$0.00 $0.00 $1,649,652.10 Totals $4,346,657.78 $0.00 $(68,355.34)$(2,086.10)$0.00 $0.00 $4,276,216.34 Transactions for the Period Source Date Description Amount OPEB 09/18/2020 ASSET MGMT FEES $(722.59) OPEB 09/29/2020 TRUST ADMINISTRATOR FEES $(558.29) OPEB 09/30/2020 ACCOUNT GAINS/(LOSSES)$(51,981.75) OPEB 09/30/2020 INTER-ACCOUNT TRANSFER IN $558.29 OPEB 09/30/2020 INTER-ACCOUNT TRANSFER OUT $(558.29) PENSION 09/18/2020 ASSET MGMT FEES $(457.96) PENSION 09/29/2020 INTER-ACCOUNT TRANSFER IN $347.26 PENSION 09/29/2020 INTER-ACCOUNT TRANSFER OUT $(347.26) PENSION 09/29/2020 TRUST ADMINISTRATOR FEES $(347.26) PENSION 09/30/2020 ACCOUNT GAINS/(LOSSES)$(16,373.59) Investment Selection Source Selected Investment OPEB HighMark Index PLUS Balanced PENSION HighMark Index PLUS Moderately Conservative Elena Kurakina TOWN OF TIBURON Town of Tiburon PARS PAPEBT Monthly Account Report for the Period 09/01/2020 to 09/30/2020 4350 Von Karman Ave., Ste. 100, Newport Beach, CA 92660-2043 phone 800.540.6369 fax 949.250.1250 www.pars.org Page 1 of 2PUBLIC AGENCY RETIREMENT SERVICES PARS TRUSTED SOLUTIONS. LASTING RESULTS. Investment Objective Selected Investment Description HighMark Index PLUS Balanced The dual goals of the Balanced Strategy are growth of principal and income. While dividend and interest income are an important component of the objective's total return, it is expected that capital appreciation will comprise a larger portion of the total return. The portfolio will be allocated between equity and fixed income investments. HighMark Index PLUS Moderately Conservative The dual goals of the Moderately Conservative Strategy are current income and moderate capital appreciation. The major portion of the assets is committed to income-producing securities. Market fluctuations should be expected. Investment Performance Annualized Return Inception Source 1-Month 3-Month 1-Year 3-Years 5-Years 10-Years Date OPEB -1.94%4.63%7.56%6.25%--09/15/2016 PENSION -0.98% 2.48% 7.27%---07/10/2018 Information as provided by US Bank, Trustee for PARS. Investments are NOT insured by the FDIC or by any other Federal Government Agency, are NOT Bank deposits, are NOT guaranteed by the Bank or any Bank affiliate, and MAY lose value, including possible loss of principal. Past performance does not guarantee future results. Account balances are inclusive of Trust Administration, Trustee and Investment Management fees if applicable. Performance returns may not reflect the deduction of applicable fees, which could reduce returns. Annualized Return is the return on an investment over a period other than one year multiplied or divided to give a comparable one-year return. Information is deemed reliable but may be subject to change. The plan's Rate of Return may differ from the rate of return in the above linked document. Reasons for the difference may include the timing of transactions into and out of the plan, the duration of time the plan's funds reside in the sweep account and differences in the methodology used to calculate performance. Elena Kurakina TOWN OF TIBURON Town of Tiburon PARS PAPEBT Monthly Account Report for the Period 09/01/2020 to 09/30/2020 4350 Von Karman Ave., Ste. 100, Newport Beach, CA 92660-2043 phone 800.540.6369 fax 949.250.1250 www.pars.org Page 2 of 2PUBLIC AGENCY RETIREMENT SERVICES PARS TRUSTED SOLUTIONS. LASTING RESULTS. TOWN OF TIBURON PAGE 1 OF 2 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Public Works Subject: Approve Parcel Map “Parcel 1 Oak Creek Town Houses,” and Authorize Staff to Sign the Parcel Map and Release the Map for Recordation Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY This item requests Council approve a Parcel Map “Parcel 1 Oak Creek Town Houses” for condominium purposes. RECOMMENDED ACTION(S) 1. Approve parcel map “Parcel 1 Oak Creek Town Houses,” and authorize Staff to sign the parcel map and release the map for recordation. BACKGROUND The Project Site was originally developed with three single family homes on a single parcel through a Precise Plan that was approved in 1974. In 2015 and 2016, the Property Owner received Town Planning Commission and Council approvals to divide the parcel into three (3) condominium parcels. The Tentative Subdivision Map was approved by the Town Planning Commission on September 14, 2016, subject to Project Conditions of Approval. That Tentative Map and Project Conditions of Approval are included as Exhibit 1. As required by the Project Approvals, the applicant has processed a Parcel Map through Town Staff. In order to complete the process of creating the condominium parcels, the Parcel Map must be approved by Town Council and recorded with the Marin County Recorder. ANALYSIS The Parcel Map Parcel 1 Oak Creek Town Houses was checked by the Town’s consulting surveyor and found to be technically correct. The Town Engineer reviewed the Parcel Map and determined that the map conforms to the requirements of the State Subdivision Map Act and the Town’s Subdivision Ordinance. Additionally, the Town Engineer and the Town’s Community TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting November 18, 2020 Agenda Item: CC-2 Town Council Meeting November 18, 2020 TOWN OF TIBURON PAGE 2 OF 2 Development Director reviewed the Parcel Map and found that it complies with the Project Conditions of Approval. The Condominium Plan and the Conditions, Covenants, and Restrictions (CC&Rs) are finalized and will be recorded simultaneously with this Parcel Map. The Parcel Map, Condominium Plan, and CC&Rs are included as Exhibit 2. Upon approval by Town Council, the Parcel Map will be signed by the appropriate Town representatives and released for recordation with the Marin County Recorder. FINANCIAL IMPACT There is no direct financial impact to the Town based on approval of the Parcel Map. ENVIRONMENTAL REVIEW This Council action is not subject to CEQA. RECOMMENDATION Staff recommends Town Council: 1. Approve parcel map “Parcel 1 Oak Creek Town Houses,” and authorize Staff to sign the parcel map and release the map for recordation. ALTERNATIVES Alternatively, the Town Council may decide to: 1. Not approve the Parcel Map and provide Staff with additional direction. Exhibits: 1. Tentative Map and Conditions of Approval 2. Parcel Map, CC&Rs, Condominium Plan, Prepared By: Steven Palmer, PE, Director of Public Works / Town Engineer EXHIBIT 1 GENERAL NOTES 1.) SU8DIKfilON NAJI£: OAK a?ED< rotw HOUSES 2.)0""'114~>""'1: RICIWffJS()N IMY LAND COIJPANY. A CAUFTJRHIA OORPORAT1CN ANDIIDf ALLEN, PR£SJDDJr .t ANNE ALLDI, He:£ PRCSIOCNT 8J 8£Aa-/ ROAIJ ,, nBURail, CA. 94920 (415) 4J5-2J49 J,)W«JSUR~ AIERfDUN SUR'r£YINC ENGINEERING, INC. STA.Nl.CY T. GNAY Pt..S 8784 777 GRAND A\,£:; /202 SAN RAFA£!. CA 94901 (415) '56-5450 4.) NW: OM-JOt-49 5.) PRo.ECT ACRf:AGF: 1.7+/-ACRES OR 7J,88o+/-SQ FT 6.) DOSTTNC GENERAL Pt.AN DESIGN A 110N: PO-R ZONED RPO 7.) DIJSTING LAND USE: J SINGLE FAMILY D',tEUJNC UNITS B.) PROPOSED I.AND USE: J SEP.A.RA 1F CCN{)(Y,IINIUI/ UNITS ,t COIIIION ARfA. 9,) WA TfR SUPPLY: I/ARIN IJUNfCIPAL WA 7ER OISTRfCT ,o.) SE1t£7UGE DISPOSAJ.: SANITARY DISTRICT no.5 OF IINnN COUNrY BASIS OF SURVEY OLD RfPU{JUC ml£ COMPANY PREJ.111/NARY REPORT OOOER NO. 0457007no-RB, 591 REDMOOO HWY., svr,r Jt50, 11/U. VALLEY, CA 94941. DAW FUJRUARY 29, 2016. (TEI.: 415 .JIJB-B740, FAX: 4f5 38:J-()416) REFERENCES me FOU.OWNC OOCUIJENTS MfNE" Rnt'OED AS A PART OF TH£ BOUNDARY ANAL ~s A.ND Fl£LD SUR~ OF mE SVB.ECT PROPCRTY. THEY A.Rf CITED HfREJN FOR a.AR/TY .I' TO PCRPrnJArf THf FACT THAT THIT M£Rf CONS1DER£D, UAP RUERCNC£S ULTTltlATB.Y UnLJZED IN TH£ CONalffl/ON ARE 9/0l+N NEXT TO THE REl.EYANT DIIJ€NS10NS IN BRACKETS [ J [A) SUB.£C1 DEID n, RlafARVSON BAY LA.ND COIIP/tliY. R(CCRDCI) 7 l,IARa-1 1962. IN BOOK 1348, PAC£ .»4, Gf11Ci.U. RECCWDS OF MARIN C()(JNIY (OR,Jt). w l,Jl:s.co::f P°IGESU~~ :f:c_ LOT l.JNf AD,A/S11/ENI RECORDED 19 DCC 2005 IN BOOK 2005 ~c/ PA~Rfff: =. .. L'tf"ORO PLACE. .. • R£CORDED 21 JAN 191a IN BOOK ,, OF PARCEL MAPS. [DJ "'IIAP Of' RED Hli.1. UNIT 1-• R£COROED 4 SEPT 1959 IN VOLUIJE 10 OF IJAPS, AT PAGE )1, ORl,/C, /'f:I •J.CRf.DIOlf (1£(JAADIJI!) $romiliJ'A10l /ff,J#ar RElJEF AND GRAND OF EA.SBlfNI ~ 1 .A.4,Y 1'0ltf DOC HO. 10tl-Oli21af,, ORIJC. I' Iv. 6'o. , lvs. So. ' 'e•,. So, I -.......vo, IW-,<O•;cC,1 1 ' 11' ✓ BIRD . I ,. "-2010-0065927 ~I '.._ I ~:I -....... \ I I ?J 0 ,,----C zZ oO -4 :::i: :I z. p J> r ~ I 7 ........... \ I , ~ I I '~< \ 1 1 PARCEL 2 --..;,:0.,2, 1 -I / 1, I ff1 ?J I / 11 M 11 I ........ I (/) 0 I ~I ,1 .._.,, I I , )::> • .,\f.-> ' OPEN SP ACE \ \\ 11.) NO ADDlnONAL PUBUC al PRtVA TC tJJPRO\IEJlfNTS ARE PROPOSED ~£.~ i"';,..Wtf:~~~~~,m;= AHO SEPARATc MAP NOTES (1) AIL (f/$TAJl(XS, -} -OICASV(lt!D, tJNI.CSS OnlfJMSC µoru,, ~k B~~t1'o:tl, =~':/1~~=s::~~ 'f:',:',r:'-Y WiD COIJP~Y. (J) THIS IS NOT A BOUNDARY SUR~ rtAso:;~~r=~~ : ~'fJt,/f:So~~~9f'rf'· ununES, F0011NG, FOUNOA110NS AHO/OR 8AS£1JENTS OF BUIUJINGS. (;§ %,,"t: ~t.,,f~/t!JJCf,=,f'J}t o".:im F:xJJ_~~c_7o:AINAGE CliANNEL CEJ'1ra.JNE (6) THERE ARE NO ~s SU8.ECT TO /NUNDA 110N OR PONDING, CITY OF TIBURON 2748251-73 c> 1 l o .$! ,,$>/ 2862 OR I N9'53'30"W[C] .~ )21.f 3 7 2 \ CL 50' ESMNT I N8"28'0Q"W t? t;, \ 115/0R/216 . RICHARDSON 13AY LAND \ · "-, t \ TO MMWD \36 88' I ' I I CQ \ \ S84'49'JO" I 1548304-62 1 I ,. -----sBJ~ 4 • 0 ~JcJ . \ s18'51'3o"E[cJ ' ' <"fo--.=4~29'0~-e-----•·re~--"·" ' ' S17'6'oo"E I / ?.-: ,,_ ----· "~~ -<, ' ~ ' , 5000' / ,v, ~4,'--~ -, cr ,z -1, .,, \ · ' , ~/ /"~'-, --. • .. , . ~ , ', ~a o· """~'=' c ' [ A(;. ,~ // •---•~--=-7-,-0:,-~/-', 0), =~ sm =.,fl , , 'A~ ", /~ /, / ..., "-'-'( 1 TOv.N OF TIBURON \ ··, S30'11 '30"E[ C] S28'46'00"E 25.00' ,, [ , ,;, ,"<, , , / ,, •, Yo wH-mme, 1 ', ' ,~ ,oOH ,--, ' '-' ·•,. I ', ' ,,;,,'?'.,> / ,-,-I ', ', ', ' ....... 1 C:i ,c,"'-'b/ --~~ct ·{ PARCEL 1 ', ', 1 '-l, / / 'l° 'g:~t°'/ ', '-. ', ~ I .......... /~/ ;;,:,',' · 11 M 11 ,, , , ;> [ PARCEL 3 ', ,. "{;>.~.._t-.,,.,,'1-, / ,. ', '\ .... 1 1 11 M 11 1 ·. ' ,, " s ~,,. ' ' ~ \ , ,>'•• 'H , , 0 ' i N1'36',0"EfC] ',, ~/,. ::r..(".A. ,/#~ ,./ ' \ \ \\ I I N3'02'00"t ' >/,;r~---' ' ' • ' 2500' '//2,t,.•~ ,-I \ I I )/ · . ••,w=-' ' ' ' ' Iv. ..... ,W:7,,,.?.. \ \ \ I • ~=--', ' I ' ~ ' I ._ .. ,:-.._.,_...,-,, ' \ / ,) 20'58'30" S.5: <o•• ,ct,,: , .... 1\ \ ' \'E-. / s 22•24•00~] 'o• ,. '""--.::,_. , ', I / / 2s.oo· 7 .... ' \ \ / /, ........ , ' I ✓1 .... \ ' ,/' ., S31 '09'40"W ', ,)-..., ' ' \ .,,.,, 1 ✓.4~"-"~ • -~ ' / , 0 "'~ 40.00 , ,, ',, , \_ ,-/ , ~' ,<Jl VICINITY MAP N. r.s ! \~ I I ~ -.. ', .-,-\\ I _, :\'\, .t,.QI ~ (( '-,, , '•,, ,,->(' 1'\ / .,o·~c -~•,.e~<f'o ........ ".-i.9. ........ ........ .,, 1 \ 1 / ~·'l-1..-~ APPROVED BY ,o,Socf:i. .... ........ \ ,~'o .... ·cf) ·, '-'.~' ',, ' ' 1 ~•1'' •• PLANNlNG COMMISSlON '..._ '~'-98 ', ', I ~.,, ·-"", 1>r\· -....... PARCEL ~ .... \. ' .... ' 1,.--6 ........ q 14 '\ I {p -. ""'"''·~--\ ', ', --• ' "'" >, DATE --oL (! ..._ .._ '-,.._ ..._ .,,.,,,,. ,.'.,, I 115 OR 216_," ,..._ N -.. ,_. ~~ .. -.... W~E ~ ,. ,_ 20 s 10 20 GRAPHIC SCALE 1 INCH = 20 FffT \ "~·~4•-•• ,. -f* ,,, •• , ~\ , .. ..x ,,.,,....,. ,, \ LEGAL DESCRIPTION THE u.ND REFERRED TO IS SJTUATED IN TH£ COUNTY OF IJARIN, CITY OF 11BURON, STATE OF CALJFORHIA., AND IS fJ!SC'illS[D AS FGUOltS: PARCEJ.. ONE: PARCEJ.S l ANO 2, AS SUO'M-J UPON THAT CCRTAJN MAP EN11n..ED, "PARCEL UAP u.NOS OF RICHARDSON BAY U.NO co., L't'FORO Pt.AC£ 914 OR 431 AHO 1548 OR .J04 IN THE arr OF 118URON, CA.': Fil.ED JANUARY 21,1975 IN BOOK 11 OF PARCEl.. MAPS. AT PAG£ 11, UAR.IN COUNTY RECORDS. EXCEP11NG FROI.I PARCEJ.. 1 THAT C£RTAJN PORTION mEREOF AS CONVnm ro TH£ REED UNfON SCHOOL DISTRJCT OF JJA.RIN COUNTY. CA.UFORNfA BY DEED~ SEPTfJJBER 7, 19lU AS RECORDER'S SERML NO. 84-(U.J299, MARIN COUNTY RECORDS AND Al~ PAR11CUU.RL Y DESCRtBED AS FCtiOltS: 8£GINNING AT A POINT IN mE SOUTHltfSTm'l Y UNE OF PARca 1, AS SHOMfi ON THAT CERTAIN UAP EN111l.ED, -PARCEL IIAP, LA.NOS OF RICHMOSCH BAY U,ND CO., L 'rFORfJ Pt..ACE. IN THE QTY OF 1181/ROH, CAUFORNfA •, RECORDEO JANUARY 21, 1975 IN BOOK It OF PARCEI. I/A.PS, AT PA.CC ti, MARIN COUNTY RECORDS MttCH POINT BEARS NORTH 60" IS' SO'M:ST 19.J.BS FEET FROII THE SOUTHERLY CORN£R OF SAfO PARC£1. t; THENCE FROU SAJD POINT BEGINNING ALONG SA.JO UN£ NORTH 60' 15' 50' tt£ST 80.IO FffT TD TH£ IJOST ltES1Da.Y CORHt1I 'nt£111:0F') THO/CC ~Ch'a l1iE NOROOiCSlfJfl. f' W£ Of' $JJ() PA(i<:Ll. I HORTH 44• 48' JO'£AST 10.46 FEET; THENCE L£AIANC SA.ID UN£ SOUTH 60' 1S' SO"EAST Tl.OJ FEIT AND SOUTH 29" 44' to· IIEST 10 FrrT TO THE POINT OF BEGINNING. PARCEJ.. ntO: AN EASEMENT FOR ROADWAY AND unurr PURPOSE 0~ THAT PORTION OF THE RfGHT OF WAY, 50 FEIT WIDE; DESCRIBED AS F1FTH IN THE DEED FROM THOMAS 8, OEFFreAa-1, IT Al. 1D IJARfN IJUNICIPAL WATER DISTRICT. A PUBUC CORPORA T10N, RFCORDED APRfL 6, 1927 IN BOOK 115 OF OFRCJAL RECORDS, AT PAGE 216, ttNICH UES NORTHERt.. Y OF THE NORTHKESTcRL y UNE OF THE PARCEL OF u.NO OCSCRIBED IN THE DEED mou CAJJPBfil .A/OGE, IT UX. TO REED UNION SCHOOi. DISTRICT. RECORDED DEC£J.IBER 29, 1950 IIJ BOOK 67.J OF omCIAL RECORDS, AT PAGE 200. MARIN COUNTY RECORDS. fXCEP11NG THEREFROI.I THAT POR110N L 't'1NC WITH THE BOUNDARIES OF PARCEl. ONE ABO\£ DESCfllBED. PARCEJ.. THREE· 8£GINN/NG AT A POINT IN THE SOUTHltESTmt.Y UNc oF PARCEl.. 1, AS SHO'M-J ON THAT CERTAJN IIAP emn.m, 'PARC£t MAP, LANDS OF RlafA.ROSON BA y LANO co., Uf'MO Pt..ACE. IN rHE CITY OF 118URON, CAJJFORNfA. ", RECCWOED JNIUARY 21, 1975 IN BOOK ft OF PARCEi. MAPS. AT PAGE II, IIARfN COUNTY RECORDS, Mfllaf PO(NT BEARS NORTH 60' 15' 50•M£5T 1'8.85 FEET FROIJ THE I/OST SOUTHERI.. Y CffiH£R OF SA/0 PARCEi.. I; THENCE FROII SAJ0 PO/It or ll€DNII~ AtJ:lHQ .WO 1,11«: NORTH dD' IS' M " 'fEST 75 nzT: ~IC£ I.UHNG SA.JO UNE SOUTH 29' 4-4' L01 M£ST; 10 FEIT; THENCE SOUTH 60. 15' 50'£AST 75 ffIT ANO NORTH 29· 4'f1 IO'EJiST to fffT TO THE PQNT OF BEGINNING. PARC£t FOUR: BEGINNING AT THE IJOST SOUTHERLY CORNER OF PARCEi. 1, AS SHO'M-J ON THAT CERTAIN UAP omn.m "'PARCEl.. IJAP, LA.NO OF RICHARDSON BA y u.NO co.,L 'ffORO PU.CE, IN THE CITY OF 11BURON, CALJFORNIA', RECOROf:r} JANUARY 21, 1975/N BOOK 11 OF PARCEJ. 1,JA.PS AT PAG£ 11, MARIN COUNTY RECORDS, THENC£ ALONG THE SOUTHlt£S1ERLY UNE OF SAID PARCEJ.. t NORm 58" 50' 20'11E'ST, "1.85 FEET: 11/ENCE. L£AWNG SAJO SOUTHttESTERt.Y UNE SOUTH .Jt· 09' .fO'ME"ST. 10.00 FEET; THENCE NORTH 58' SO' 20'HEST. 75.00 ff£T; THENCE. NORTH Jt' 09' #J'20.00 FEIT; THENCE NORTH tsa· $0' 20,tE"ST, 77,0J FEET ro A POINT ON THE NORmcRLY UNE OF SAJD PARCEJ.. f;THENCE ALONG THE SAID NORTHcRLY UNE SOUTH 48" 14' oo~H£Sr, 10.46 FEET TO THE NORTUKESTmL Y CORNER OF S.AJD PARCEJ.. I; TNENCE ALONG THE soumK£STERLY UNE OF SAID PARCEL 1 SOUTH 58' so· 2o~sr. 55.10 FfIT; THENCE !£AV/NG SAID SOUTHIIESTD?t.Y UNE SOU11-i .Jf• 09' 40'K£ST. #J.00 FEET; 1HENC£ SOUTH 58' 50' 20'£AST. /10,00 FEIT: TNENCE NORTH JI" 09' 4Q~ST, JQ.OOFu:T; TUENCE SOUTH 58' 50' 20-'FAST, 11.1.85 FEET 1D A POINT ON THE NORTHl+CSTERLY UNE OF L'r'FORO DRtlof: mENCE NORTH Jr 09' 4QVST. t.J.55 FITT; THENCE l.£01NG SAID NORTHl+£STERLY UNE SOUTH sr 50' 20'1t£ST 5.00 FfET; THENCE SOUTH.,,. 09' JO"ltEST. J.64 FfET ro ~ POINT OF 8£CINNING. A.PH: 058-JOt-49 40 .._ ..._ ' ', ,., ~ / \ I ,, ' J. 1/v 14- 1\ts~ ',✓' ',, ',.... ,.., .... .,,--· PARCEL 2.' • \ / ',, ~N O - 'o 0~ ... /I:'-.... ....... )<.... RJ ADWAY/IJTIUllES ES~r 4 '-/ t'. / ........ 1 t~' 1 v;s. ..._ ', ~ TO BE RE'.LEASED ~ r ~ / ', -o 0 .o• 1 ,_........._ 1 i'\..\.. ......._ ~-\10:-, .,.., ,,son 21s j l,l:3 ,1v . ,v / ......... /."..,..__, ',~1s31·09'4n"fi' ----~~J?'i .. ::_,,. .,,.-j_,,,/:,~ <:>~'>-::.01 ',,,~~ J /1 ~ i? REED UNION SCHOOL DISTRICT 00000OC75 r ........... I .._ ,-,,111111,', .,.,,. ~700R39 /C ~ ,-..._ 30 00' ', ,, ,,,, / ,, tJ,,<: c-. 1/.~ ' l_,,,vvv--J "·""-" · / ', ' ' ' ' / 0 , " • ,v ' " ~ -., . ,, ,,/ , ', .,.,. ~/;;:;:: r--.½· ~,{f / LEGEND ,, r ', '..<,., I ,' V / ____ _ / ,.,.. ~ X, .... / / -I.,.~ ~'<' /' --~------= SUB..£CT PROPERTY UN£ / /✓ !~~~ / '-.._ ',.._ / V / ~ /" :-::::::_-_-_-_-_ ~JZ~~TY /✓ /✓ .J.8s.0"¾,-.._ '..._ -......, / oJ ~ // S11'UCTURC OUTUNC TENTATIVE MAP MA/Ill/ CCIJI/J'Y OAK CREEK TOIIN HOUSES RICHARDSON BAY LAND COMPANY ON. 1548304-62 APN 058-301-49 CALIFORNIA ~~©~U W[g~ 00 AUG 3 0 2016 ~ PLANNING DIVISION ,,, ,., ,,,.-·, "'-..... ',, /2 __ --S57'50'20 ,, ,,✓ ,," ,,✓ '..., 5.00' , 1 / ,-/ I / , / ,. -tl31 '09 4/" , / / 13.55' / / ,-I ,-,-I / / I / ,'° I ,. / I I / ,. I . I I SHEET INDEX I.) PROPERTY BOUNDARY, !£GAL OCSCRIP110N, G£N£RAL NO~ 2.) CXJSnNG IIJPRO',fJ,/ENTS, UNIT AND COIJJJON AR£A OllilENSJONS FEBRUARY 2016 6n . . MERIDIAN SURVEYING ENG/NEERING, INC. 2958 VAN NESS A l'CNUE 777 GRAND A l'CNUE, /202 SAN FRANCISCO, CA 94109 SAIi RAFAEi., CA 94901 (415) 440-4131 (415) 456-5450 ~ COP'fRfCHT 2016 BY IJSE. INC., REPRODUC110N OR TTUNSCRfPTION Of° ALL OR PART OF THIS DOCUUENT ttlTHOUT EXPRfSS ttRfnEH PfRUISSION IS PROHIBIT[[). &tJrveyreqllMl@rrwtdbr.n&urvfYf a)l'Jl / /',, ; I I ~ I I I -, \ ,''~201 I t-;'I ' L-- / \ ; f ~"-.. \ 81~0 -0065927 ~1 ,,........ C . z ,:Z 0 (0 \ \\\\ \. \ \ \ \ \ \\\ -- .,, I . . ' ' r,. ' l 1 PARCEL 1 2 \ \ :', \ , , 11 M n1 · I ,1,, · I I '. I / ' OPEN SPACE~' 1\:r <'..'r ~\ rill ?J ~o ),> 0 J \\ \\,, t \ ~----\ \. ', ' ' ' I \ I ' I I I I L \, \ / :; \ 28~2 OR ;z.72 \ \ CL 50' ESMNT I ' \ ... i ( ', /ciTY OF,,'TIBURON iJA-8251-73 ) \ ',. \ 115/0R/Wl 1 I I \ '\ \ \.{ .::J \ \ \ TO MM\\IJ \\ / 1 \ RICH A~\DSON BAY 1 AND \ '\ ·.\ \ --!, _, ti:.· ' u I co I \ I ' \ I \ 1548304-02 '\ \ \.. ,. ' \ I \ \ \ ,· ----I , --,....__1 , -------11 --------/ "' /' _ ·,-__ --~ ~,v.._ 1l 16' Y,,DE USEMENT EJ ,/ // ~~-,,,, </ ,/ -----:a. , __ ,.h/..,... ,---.. ./ , .... ' ' STORM WATER RUNOF~ ., / "/ F,r/ .'l ' I _;;:--:.;.,,-7' ~-I ....... "'\. ' TOWN OF TIBURON / v 'J-,-/-.... --i.., //f' J .7-----' ._ ', '-2014--0021a47 /' .. "Y,•,fr;,,_.___ / ---.,;..-~,_P-Z......c-----:::o-... .f_.., y '-'-(l HISTORIC SWALE / //_:_ ,,/ ( -..._ _ _.: ____ -__ _../"'"'~, ', (APPROXIMATE ALIGNMENT / / /' ,/ _,-.---"~ "-', PER MARIN COUNTY GIS) / I • ~ " ' , /,,/.I'.~ f r-.•----·< -. " ' \ \ , /;I ~ I / -• -~ t.Amu,L , '\ / /· ,/j . / • PARCEL 1 i " ", " ', ' -;~(l-_ /~~~//) / I ,;1'\ M 11 ; • • ',,, \, \ \ ~\ / /.~i!f& I ,. \ \: \ :o,y,"~ ,, , '<I' I \ I \ \ \ I I I I l I I. \ \. .... I /.-Ro~ !\-_,, .( ;· I \ \ ~;,/' '/'i! I \ \ \ ,c .·,,. /4·· , • /' rnStlNG OONro / \ i..,_ I ~r:_,7,.# / , ;I R1PRAP DA~YIJR:Gl!T / \ /\-\ ' //i .. -.., 1/ / / ,,, , \• " • \ ' , _, -'½ ~'S< (' ;< f} .. -'--'-\ \: ' \ ,./ , ... ,.,_ IA , ✓ ,,,., " . . . \ ,. ' ~/> ..... ...., • 7 '' ''\ ' ,, --, / ,, I I ) ,) --........i '°9,?. ............ ' " \, ,,..,. / ~~~ , '.._ EP11c ,r··~n;.~~ =,.__,-...cs.,.. , 1 \ \ ,,/ 1 ,~qi,..... .... \, I(" -.---/ _I .... I ' .,.. ' I /,, /,,,, J/~ro OOAIN -.. ...._ '-... /!' \/\ \\ I rvc eueDl.tH , , , .,. ,, \ 1 1 / DAYI.IOMT. y., I \ ' I I / "Jy ,, \ I I!~ (,._ I I ' ' I / ',.._ I -' 10 RM YI >, / ~/ • ',fSo,a,_, , ,,,,,,\ , {11s OR 21,1;,.,.,-',.._ ..,..,,. ~ . ',~> ... Iii /,,,, I 'I )' ..... , ..... i:9 ,.~ 1 / ', ' PARCEL ~-.._ _,. 'I ; _ DRAIN OVERFLOW ·-:,., ~587-RB,~'-CEL 2 ;: r'~SlRUCnJRE / · ', ~ \ RELEASED · '-/ \<:,, / '--. , • i:t-11UTIES ESMT , ; ~ / ', '-... ".._ \ OR 216 1 I ' /; ½ :-,-. '-......._ ......... '--....., ,_, 00R l9, ,-/ / ~ ,-_C;,1 '--... ' • "' I '/ :,...v REED UNION SCHOOL DISTRICT 000000C75 ' i ,,,,.,/ I <l<) / {f / "-.. ' I '-... . .,,, / 0¾' ~ , /' ' '-I' '-... . I /. ,...),., / '...__ /' ., , , L wATER -l,_"'-'.'.' · ,,-' --.......J' • • .," /..... " "ldffiRS V / .... ~'J .,,, ·,,, / ,,"' /I~-.-'/ / / ' / '-/ ,, / " ,, ., / ., /. / ,, , / ,,," ,.," .,/ , I , / ,, ,, ,,, / _, I / _, / _, /' ,," I -~ii -, I /' .,,.,, ., I ... l / // ✓/ ,..,. I EXISTING CONDITIONS TOPOGRAPHY SOURCE: MARIN COUNTY GIS NORTHEAST TO SOUTH'M:ST DOllll'WARD SLOPE A\,f'RAGE 16:C Length 2413 Interval s L'I U065 area 73880 avg slope 0.163 '· '·\. \ \_ \ \ ·•, \ \ \\ \ "\ \ \ I \ ', ', ' ' ' " ' ,..,, ' '- ", ' '-.. N W~E . 4ii . s 20 0 ,. 20 40 GRAPHIC SCA!£ 1 INCH = 20 FEEr LEGEND -------SUB.ECT PROP£RTY UNE --~-----~-EASEMENT UNE ~W,1 PfiOPQlrY ir"';"7''"·/7'~'7-)-'7/4'71/'7'/7 , :~:: s;;:::~::,,:n:::,,CII (~ El.£C1RIC, WA1'11, CCIIMUNICAffON) SD EX/S11NG STORM DRAIN ss SSFU £ < 8 (!l) ., l><l EJOSTlNG SANITARY 5EMER DOSTING SANITARY SEMEN FORCE IJAJN EXJS11NG ELECTRJCAL EX1511NG SWALE FlOW DIRECT10N EXJS1ING B.ECmtC IE1ER EXISTING GAS UE1£R EXJSTrNG WA 1ER SUPPLY VALJ£ TENTA TIVE MAP OAK CREEK TOWN HOUSES RICHARDSON BAY LAND COMPANY ON. 1548304-62 APN 058-301-49 MARIN COON[!_ F£IJRUARY ~ '=j[JTil CAL!roilNI~ 2016 MERIDIAN SURVEYING ENGINEERING, INC. 295B VAN NESS A VENUE 777 GRAND A VENUE. #202 SAN FRANCISCO, CA 94109 SAN RAFAEi.. CA 94901 (415) 4.f0-41J1 (415) 456-5450 Qf'PIO,;_ A~lO,liffl StmET 2 OF i(! 3 COPYRJGHT 2016 BY "SE; INC., REPRODUCTION OR JRANSCRtPRON OF ALL OR PART OF 1HIS DOCUMENT MTHOUT EXPRESS ttRJTTEN PERIIJSSION JS PROHIBl1ED. -- ?J I' .... Iv. 0 ea~ C A, vo, ,' , '"Sa. So,, z z '~;o!'rcf BIRD 7 Q cJ ' ,,, 2010-006592 ---1 , ', JC J: ' '-I -I .......... \ < \ I J:> 1 "-..... '~ \ ~ ' <>, -~o,,. ' '" "' ' '1, ,-..: ' ~ 0 ' ,I' ' '' ,' )> i 7 PARCEL 2 : 1 0 L 11 M 11 ~I \ I ' ' ' " I , , N9'53 3D !!(CJ , , 1 ,~a·oo w I / I CL 50' ESMNT \ N 36.88' CITY OF TIBURON 2748251-73 I EN SPACE \ TO MM'Ml \ I OP 372 I 115/0R/216 ! t;, , 2862 OR ' . -~-~' ' ·, <;) 'C ~• ,t,3/ ARD SON BA y LAND s18'51 '"0"[[ c] f"' ~'1 RICH CO S17'26 09 E '? 0 1 2 \ 50 00 0/ 1548304-6 \ . 1 AREA COMMON ' .,,, , srnrnqq sa4·49•3~"E[CJ ----k·· 1/ "'.s.. 'l. ,s· v.1oEA~R RUNOFF ----o"E . •--~ "('\,, s;oo, • ------sa.,~•·qo'E--1--,i,o..$')~,,_ '·-. ./(_4,1 '"":/."..& .. , , ---4,§,£9 --_c· ·-•• "/,? ' ,..__ ',, >q· ' > ' ,, "'~~..;;;-, . :, . ., L.~z~.< , •, ~•1~· , PARCEL 3 . / _,; /-,(.S,hv,----,.\~-::-,~-··, -., ', / : 11 M 11 1 J na'30"\[ c] ' ,,• ✓ '/ -•--~---\ ', -._ 7-, ) I I N3'02'0p E ' -,c;,'/r \ ', I,,_ ', ~ ' I 25.0C i(;>Y,/ ,' <~\ -,. ---', "· : )/ ,,>.. .§ , , \ ', \ ,t,, I , ~ 06~;~ L 1 \ . ', . II, ,m ' i , .. . ,:p~;,_~ ,,.,~ ( PARCME 11 L8\ o1' ')6.g7>\ \ ~<i?r* STORAGE) [ 20'5!33,io'\c] .,,_to✓ 't>/. /~ 0 ~ / 11 ----~ ><' 1 \ , "..\ coc,,,, ) s22 2 2i 00 , ,.,,_. ,.,,..,, --.,,,, ' ' "·\ / / . ' 7,,, ....... . _.-' ' , / ''/,, ..... , ' . ' ' " ' . ·--... S30'11'30"E[ C] S28'46'00"E 25.00' ~ ) 4:.::,,.,,,., ~/ ~) ,I(' \ I \v.• t,. / /'.', I , .. .,,._ , . I I / . ' \ ' .. , C /• · '':f' _/";, [:::',::\~ ,::,,rn UN IT 2 (," . ,. ~, )' ',\ .. ,_/ /4~c /,, n'b:~ . / )'......... , EASEMENT ~/,rncooo "" 'o\ A \ '• / ' ✓ "'' ;,•" ~ S ' ✓ -✓ ',,t · ,' ~ \ ', \ .., .-" , ;, ·• C' '-... ... ~~r._~/ ··, ............... r-.... '~/• • \ ./,''coM\i.ON ·, · ._,,/ / ~"'e, .:::-~~":i'l-":ir::,. ✓• ~, S ., ' • ' ✓ 9 I v ' N~ • #' •.,',., I i/4._--,✓ V \)_. \ ✓' ARE ,\, "\ \, 1 1•'!> 0 ··V' ""~ ".,,, .. ' • , .. .,.._ ,, .,.._ • < ·' ' ,, , 0 ~-~-il}.--..,__,, ~ 'i;h_ ,,:j, \.,), --~-' ,,ti< • / } \ \ ,\>•';:;S';,,, ·lo, 1'-'• ,,. '· C•-£ ), s \<( ,> > ',"6• •\-,. '"'-. ->< ''--• .. , . ~ " ,-',,;,,_ ,"', UNIT 1 ·,'t, -,_.. .~ ,,, ",fa.,.~-~-. · ',, ' " ' ' '• ,s mo"" oo ,., /( -•, P2 CAR S J ~" _>,,, S31'09 ~O W 1 ~--------, )foe. ,,,. , -,. / , n, ~ "'• ,...._ 4-0.00 ,' , ',, > ' -~~ ," ,~ ,.._ \ , / ',, ', .___ "'.~'----, 0 '', I' ~-: .,,"',} a:;~',J,• .,,~., _.,,.,, ~v ~ ,,,, / ........... , l . ','.'.<,,'l(_, ',, -, ' / .,,, , i'> ·~· ,~ / ... , ... . O ---', ',, j O / ,_ > C, ', ~ ' ',, • ',~ ',, ', , V , . ,. E -=• ./,i,,4,, " ', , 'V ::::r,,-..:,_,.-\__ >-, --\, ,/ ~ ,...::~ l 1<~-~ 0~s0 ,, ',, ',, .. "'-, ,,. ~ , .,. ~,e i:), ~ / ' -,, J ,,,,,,, ,-;; ,"49, ,.f. ;;· 0~ ~I?" / ' •, .,, ..,,, . , ., ,..,,, , ,.,~ Jr;:---,,,?/ -,, .. ,'f,,:,_. / 0" "' ,<,X' / V So-..... /' ...... • y~r,~... ,.. I I """ ~ ''~q,?o'.,'.... ,~31-0•·111·w '...., /-,, ',,.,_,,, ' / -ofi 'v i~ /,,,, ' ... , I 30.9 .,,.~ ............. ,,. ......... I ' I _',µ' , / >,, ', / 57'50'20 / ...... /✓ // ''.J ~~,,, ',, _.1 ___ -s 5.oo· ,. /' // ·6's·✓ ..... '-.... 7' / ., / / ' '09'40"[ I , , "31 . , / ,, ,' c ,ass / , / , , , , , , ' , / / / I ,,. / ✓ I , /, /✓ ,/ I / / ,,.✓ REED UNION SCHOOL DISTRICT 000000C75 / CONDOMINIUM UNITS & COMMON AREA CURVE TABLE NUM DELTA ARC RADIUS C1 73·34'31" 11.56' 9,00' C2 1T55'07" 8.13' 26.00' C3 55·03'47" 35.41' 29.81 LINE TABLE L1 N62'26'23"W 94.16' L2 N81.43'56"E 18.80' L3 S59'14'16"E 40.35' L4 N21 '18' 40"E 10.86' LS s4s·15•oo"w 16.10' L6 S4T11'13"W 17.43' L7 N30·14·01 "W 49.97' L8 N6o·oo'30"E 4.15' L9 N33'41 '04"W 80.50' L10 N56.18'56"E 13.25' L11 N33'41'04"W 7.86' L12 N56'18°56"E 69,28' N W~E 4lii J s 20 0 10 20 GRAPHIC SCALE 1 INCH = 20 FEET LEGEND --------SUB.ECT PROPERTY UN£ .,,._.,_,,_.,_.,_ UNIT LJNE 7 -•---EASEMENT UN£ ADJACENT PROPERTY ------St1/!JCMICO<JII.IlfC Pl PARKING SPACE DESIGNATION S/ STORAGE UNIT DESGNA TION COM AssoctA NON CONJJON SPACE TENTATIVE MAP OAK CREEK TOWN HOUSES RICHARDSON BAY LAND COMPANY ON. 1548304-62 APN 058-301-49 ~ 40 CAUFORNIA 2016 MERIDIAN SURVEYING ENGINEER/NG, INC. 2958 VAN NESS A ',ENUE 777 GRANO A ',ENUE, f202 SAN FRANCISCO, CA 94109 SAN RAFAEL. CA 94901 (415) 440-4131 (415) 456-5450 ~.! 'I!. Rl!VIIUOSOATO z. If SHEET J OF 3 COP'IRIC,HT 2016 BY USC. INC.. REPROOUCTlON OR TRANSCRJPOON OF ALL OR PART OF THIS DOCUIIENT ttrTHOUT EXPRESS KRIT7EN PfRIJISSION IS PROHfJtTrD. ~~ rom RESOLUTION NO. 2016-14 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF TIBURON CONDITIONALLY APPROVING A TENTATIVE SUBDIVISION MAP FOR A 3-LOT SUBDIVISION AT 35-37-39 LYFORD DRIVE (PD #35) ASSESSOR'S PARCEL NO. 058-301-49 WHEREAS, the Planning Commission of the Town of Tiburon does resolve as follows: Section 1. Findings. A. An application for a Tentative Subdivision Map to subdivide 1. 7 acres of land into three (3) condominium parcels has been received from Richardson Bay Land Company. The subject property is located at 35-37-39 Lyford Drive and is identified as Assessor's Parcel No. 058-301-49. B. The application consists of the following: 1. Land Development Application Form and supplemental application information received March 24, 2016. 2 . Tentative Map (3 sheets) entitled "Tentative Map, Oak Creek Town Houses," dated July 29, 2016, prepared by Meridian Surveying Engineering, Inc. 3. Draft Declaration of Covenants, Conditions and Restrictions for Oak Creek Town Houses, received March 24, 2016. C. The Planning Commission finds that the project is Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15305 of the CEQA Guidelines. D. The Planning Division and the Town Engineer have reviewed the project in accordance with applicable regulations and have recommended conditional approval of the application to the Planning Commission, as set forth in the Staff Report dated September 14, 2016. E. The Planning Commission held a duly-noticed public hearing on September 14, 2016, and has heard and considered testimony from interested persons. F. The Planning Commission finds that the application, as conditioned, is consistent with the goals and policies of the Tiburon General Plan. The Commission further finds that the application is in conformance with the provisions of the 35-37-39 Lyford Drive Precise Plan and is consistent with the provisions of Chapter 14 of the Tiburon Municipal Code regulating the subdivision of land. TIBURON PLANNING COMMISSION RESOLUTION NO. 2016-14 SEPTEMBER 24, 2016 Section 2. Approval. NOW, THEREFORE BE IT RESOLVED that the Planning Commission of the Town of Tiburon does hereby approve the 35-37-39 Lyford Drive Tentative Map application (File TM2016001) subject to the following conditions: S/J t. S/J 2. S/J 3. Public Works & Engineering A Parcel map, as defined in the State Subdivision Map Act, shall be prepared by a licensed surveyor or civil engineer. The Parcel Map shall show all parcels, rights- of-way, and easement(s), and shall be submitted to the Town Engineer for review. The Parcel Map shall be in substantial conformance with the approved Tentative Map and all applicable conditions of approval. The Parcel Map is not valid until it has been approved by the Town and recorded. Closure calculations shall be provided at the time of initial Parcel Map submittal. All calculated points within the map shall be based upon one common set of coordinates. All information shown on the Parcel Map shall be directly verifiable by information shown on the closure calculation printout. The point(s) of beginning shall be clearly defined. All lot acreages shall be shown on the Parcel Map and shall be verifiable from information shown on the closure calculation printout. A current title report (within past 30 days) shall be submitted at the time of initial Parcel Map submittal. The applicant shall transmit by certified mail a copy of the conditionally approved Tentative Map together with a copy of Section 66436 of the State Subdivision Map Act to each public entity or public utility that is an easement holder of record. Written evidence of compliance shall be submitted to the Town of Tiburon. Prior to the recordation of the Parcel Map, the Applicant shall establish a Homeowner's Association (HOA) in accordance with State law with recorded Covenants, Conditions & Restrictions (CC&Rs) that are satisfactory to the Town Engineer and Town Attorney to provide long-term and ongoing maintenance of all of the common onsite private improvements and open space. Specifically, the HOA will be responsible for the long-term and ongoing maintenance of: a. All driveways, parking lots, sidewalks, common area lighting, stormwater quality facilities (if any), common garbage facilities, landscaping and other improvements within the common area. b. Storm drain facilities and private utilities. c. The open space parcel. TIBURON PLANNING COMMISSION RESOLUTIONNO. 2016-14 SEPTEMBER 24, 2016 2 S/J 4. S/J 5. S/J 6. S/J 1. S/J 8. S/J 8. S/J 9. The Town will have enforcement authority over the HOA's maintenance obligations and the obligation to review and approve proposed changes to the CC&R's. The CC&R's shall require the HOA to create and maintain a separate maintenance reserve fund in the amount of a percentage of the cost of constructing the HOA maintained improvements listed above. Said percentage will be determined by the Town prior to recordation of the CC&Rs. Specific cost sharing formulas for maintenance shall be shown in the document, and the approved document shall be recorded by in conjunction with the Parcel Map and shall be referenced on the Parcel Map. The existing sewer line under the 37 Lyford Drive structure shall be subject to approval by the Town Building Official. Should the Town Building Official require relocation of the sewer line, it shall be relocated to be outside of the building footprint prior to the Parcel Map being recorded. As a part of the Parcel Map submittal to the Town, an exhibit shall be provided showing the location of water service laterals from the meters to the point of connection at the existing buildings. Private easements shall be provided within the proposed parcels for Units 1, 2, and 3 for all utilities and storm drain facilities that are serving adjacent parcels and\or the proposed common area parcel. Said easements shall be subject to Town approval and shown on the Parcel Map. The existing roadway/utility easement shown as "Parcel 2 to be released roadway/utilities esmt 115 OR 216 570 OR 39" shall be abandoned prior to or on the Parcel Map in accordance with the Subdivision Map Act. Affected Agencies & Utilities All applicable requirements of the Tiburon Fire Protection District (TFPD) shall be met or set in place prior to approval of the Parcel Map. The project sponsor shall provide a letter from the TFPD to that effect. Community Development Department The Parcel Map shall contain a note indicating that this property cannot be further subdivided. This approval shall be valid for three years and shall expire and become null and void unless a Parcel Map is approved and recorded, or unless a time extension is granted. TIBURON PLANNING COMMISSION RESOLUTIONNO. 2016-14 SEPTEMBER 14, 2016 3 PASSED AND ADOPTED at a regular meeting of the Planning Commission of the Town of Tiburon on September 14, 2016, by the following vote: AYES: COMMISSIONERS: Corcoran, Welner, Williams NOES: ABSENT: ATTEST: COMMISSIONERS: None COMMISSIONERS: Kulik, Weller SCOTT ANDERSON, SECRETARY ERICA WILLIAMS, CHAIR TIBURON PLANNING COMMISSION TIBURON PLANNING COMMISSION RESOLUTIONNO. 2016-14 SEPTEMBER 14, 2016 4 EXHIBIT 2 OWNERS STATEMENT THE UNDERSIGNED HEREBY STA TE THAT I/It£ AM/ARE THE OWNER(S) AND THE ONLY HOLDER OF RECORD nTl..E INTEREST IN THE REAL PROPERTY INCLUDED WITHIN THE SUBDIVTSION BOUNDARY SHOWN UPON THIS MAP, AND DO HEREBY CONSENT TO PREPARA 770N AND RECORDA 770N OF THIS PARCEL MAP, AND ARE ALL W/-10 ARE NECESSARY TO PASS CLEAR 77r.E TO SAID PROP,RTY AND SHOWN HEREON. THE AREAS DESIGNATED ''PR/VA TE STORM DRAIN, ::.WITARY SEWE"R, ELECTRICAL POWE"R, WATER LINE & GAS LINt. EASEMENTS"ARE ESTABLISHED FOR PRIVATE DRAINAGE, SAN/TAQY SEWE"R, ELECTRICAL, WATER & GAS U77LITY PURPOSES. EACH EASEMENT SHALL BE MAINTAINED BY THE HOMEOWNERS AND/OR THE OAK CREEK TOWN HCUSES OWNERS ASSOC/A 770N (HOA) PURSUANT TO THE COVENANTS, COND/770N~ & RESTRIC770NS FOR THE OAK CREEK TOWN HOUSES (CCRS) DOCUMENT / _____ _ RECORDED CONCURRENTl.. Y WITH THIS MAP, AND ANY SUBSEQUENT AMENDMENTS THERETO. WE" ALSO HEREBY CONSENT TO THE RECORDING OF THE CONDOMINIUM PLAN THAT APPLIES TO THIS SUBDIVTSION PURSUANT TO SEC770N 4285 OF THE CALIFORNIA CIVTL CODE. '/CHARDSON BAY LAND COMPANY, A CALIFORNIA CORPORA 770N BY:~,......,.., OU..-.. ANDRE:V ALLEN, OWNER OWNERS ACKNOWLEDGMENT A NOTARY PUBLIC OR OTHER OFFICER COMPLE77NG THIS CER77FICA TE VERIFIES ONLY THE IDEN77TY OF THE INDIVTDUAL W/-10 SIGNED THE DOCUMENT TO WHICH THIS CER77FICA TE IS ATTACHED AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT. STA TE OF CALIFORNIA COUIYTY OF MARIN -• i ~,-. J_ a.... -. ON ll-,-.10•• BEFORE ME. 1, ""'• It Plf"IR" ..J.i/9 ....... NOTARY PUBLIC, PERSONALLY APPEAREDMl(I ~ W/-10 PROVED TO ME ON THE BASIS OF SA 77SFACTORY EVTDENCE TO BE THE PERSON(~ W/-IOSE NAME~ IS/A/£ SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDclD TJ ME THA f . HE/sJIE('!lY EXECUTED THE SAME IN HIS,(HE/~IR AUTHORIZED CAPACITY(/~, AND 1'-iA T BY HIS/H~/T!J!R SIGNA Tl.iRE(/)_ cfN r!,E INSTRUMENT THE PERSON(,, OR THE EN77TY UPON Btl-fALF OF WI-I/CH THE PERSON(, ACTED, EXECUTED THE INSTRUMENT. I CER77FY UNDER PENALTY OF PERJURY UNDER TH£ LAWS OF TH£ STATE OF CALIFORNIA THAT THE FOREGO/NC, PARAGRAPH IS TRUE AND CORRECT. :___~--,,,=---=n~•-;::oTll~Y-;:PA.;T:;IIC;;:jK~SOLtniioniMICOOON1 · · COMM. #2187_127 ~ NotalY Public . California o WITNESS MY HAND AND OFFICIAL SEAL. Marin County -eomm. exo1res Mar. ~ 2021 9AL.t, tMtvf' s,,~ ..,.,., CLERK OF THE BOARD OF SUPERVISOR'S STATEMENT: I, THE UNDERSIGNED, CLERK OF THE BOARD OF SUPERVISORS OF THE COUNTY OF MARlt' STA TE OF CAL,FORNIA, DO HEREBY STA TE THAT A Gano AND SUFFICIE!.:~ BOND APPROVED BY AND IN THE AMOUNT FIXED BY SAID BOARD OF SUPERVISORS HAS BEEN FILED W/1H SAID BOARD AND 1HA T SAID BOND BY ITS TERMS IS MADE TO INURE TO THE BENEFIT OF SAID COUNTY OF MARIN AND IS COND/170NED FOR 1HE PA YMFNT OF ALL TAXES WHlrH MA Y BE AT THE 77ME OF RECORDING OF THIS MAP A LIEN AGAINST 1HE TRACT OR SUBDIVISION OF LAND SHOWN HEREON CR ANY PART 1HEREOF BUT NOT YET ,::,A YABLE. WITNESS MY HAND AND SEAL THIS ~A Y OF ,:t1~2020. '1. ,,, I•••••• f I I I ,...... , , , CLERK OF THE BOARD OF SUPERVISORS OF 1HE ........ ',,, CALIFORNIA I\ f [ \~·'?;}:, ~ = 'l ?·:·,, / ;§ I, ,,.., ,, ':<} ;✓·,t·,,,,_ ,, ...... ""o .. ~~// TOWN CLERKS CERT/FICA TE . C·o ., ,, .<: F, ~-1 , ,,,,1,•''' \,,,"\.." ,/~ ~;,j\rrv -Ct'-' _✓-9 · THE TOWN COUNCIL OF THE TOWN OF 77BURON, STA TE OF CALIFORNIA, AT A RF.GULAR ME£77NG HELD ON 1HE ___flA Y OF . 20;:,o. EXAMINED THE PARCEL MAP EN77Tl..ED 0PARCEL MAP, OAK CREEK TOWN HOUSES, A ONE LOT SUBDIVTSION FOR A THREE-UNIT CONDOMINIUM PROJECT" AND THE TOWN COUNCIL BY M0770N/RESOLU770N, DULY APPPIJVED THIS PARCEi. MAP: BY:_ _ __ -~---___ _ TOWN CLERK, TOWN OF 77BURON, COUNTY OF MARIN, STA TE OF CALIFORNIA DIRECTOR OF COMMUNITY DEVELOMENT CERT/FICA. TE THIS MAP IS IN SUBSTAN77Al COMPLIANCE W/1H 77BURON PLANNl/'"J COMMISSION RESOLU770N NO. 2016-14 APPROVE SEPTEMBER 24, 2016 AND Rf:SOLU770N NO. 2015-13, DECEMBER 14, 2015 BY:-=.,.,..,..-=~,,.......,,..,,,..,,._~,-,-,~=-~-=:-=--=-====c---==cc,-,--=-=-,...,,..,,-,-,---DINA TASINI, COMMUNITY DEVELOPMENT DIRECTOR, TOWN OF 77BURON. ' ,·,r•·•''S'"''" SURVEYOR'S STATEMENT THIS MAP WAS PREPARED BY ME OR UNDER MY DIREC770N AND WAS COMPILED FROM RECORD DA TA AND IS BASED UPON A FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVTSION MAP ACT AND LOCAL ORDiNANCE AT THE REQUEST OF ANDREW ALLEN IN JANUARY, 2017. I H£R£BY STA TE THAT THIS PARCEL MAP S/IBSTAN77ALL Y CONFORMS TO THE APPROVED OR CONDl770NALL Y APPROVED TENTA 77VE MAP, IF ANY. AND MONUA.'ENTS SHOWN HEREON ltfLL BE SET WITHIN ON£ YEAR FROM TH£ DA TE OF FILING OF THIS MAP AND THAT SAID MONUMENTS ARE OR WILL BE SUFFIECIENT TO ENABLE THE SURVEY TO BE RETRACED. COUNTY TAX COLLECTOR'S STATEMENT: I, THE UNDERSIGNED, ON BEHALF OF AND ACCORDING TO THE RECORDS OF TH£ COUNTY TAX COLLECTOR OF THE COUNTY OF MARIN, STA TE OF CALIFORNIA, HEREBY STA TE THAT THERE ARE NO LIENS AGAINST THE SUBDIVTSION Ori ANY PART THEREOF FOR UNPAID STA TE, COUNTY, MUNICIPAL OR LOCAL TAXES, OR SPECIAL ASSESSMENTS COLLECTED AS TAXES, EXCEPT TAXES OR SPECIAL ASSESSMENTS NOT YET PAYABLE. SIGNED THIS t,t&S) DAY OF ~ 0\J (;t\~,f,.._ , 2020 ,--~"?;o~ ~ TAX COLLECTOR COUNTY OF MARI_N_A_N._D_C_1=11E. __ S ___ TH._'£ ___ REi=IN ________ _ STA TE OF CALIFC''?NIA \'~ BY: ;f\;? sr~,r-> ~~ Mt-I \~~\ DEPUTY TOWN ENGINEERS STATEMENT I, ---------~ TOWN ENGINEER OF THE TOWN OF 77BURON, COUNTY OF MARIN, STA TE OF CALIFORNIA, HEREBY STA TE 1HA T I HA VE EXAMINED 1HIS PARCEL MAP, AND THAT THE SUBDIVISION AS SHOWN HEREON IS SUBSTAN77ALL Y THE SAME AS IT APPEARS ON THE TENTA 77VE MAP, IF REQUIRED, AND ANY APPROVED Al TERA 770NS THEREOF. THAT ALL PROVISIONS OF CHAPTER 2 OF THE SUBDIVISION MAP ACT AND ALL LOCAL ORDINANCES APPLICABLE AT THE 77ME OF APPROVAL OF THE TEN TA 77VE MAP, IF REQUIRED, HA VE BEEN COMPLIED WITH. SIGNED THIS _ DAY OF ______ , 2020 BY: STEVEN PALMER RC£ 58135 LICENSE EXPIRES 06/30/2022. TOWN ENGINEER, TOWN OF 77BURON, COUNTY OF MARIN, STA TE OF CALIFORNIA I HEREBY STA TE THAT I HA VE EXAMINED THE MAP OF THIS ONE LOT SUBDIVTSION FOR A THREE -UNIT CONDOMINIUM PROJECT ON BEHALF OF THE TOWN OF 77BURON AND I AM SA 77SFIED THAT THE ONE LOT SUBDIVTSION IOR A THREE-UNIT CONDOMINIUM PROJECT SHOWN UPON THIS MAP IS TECHNICALLY CORRECT. ~ 11 I '/ /-i o t..., B":RICHARD A. MOSHIER R.C.£ 30696 LICENSE £«PIRES 03/31/2022. '( ... "'0.s~' 'S·', ;:., ;D 0.30696 COUNTY RECORDER'S STATEMENT FILED THIS DAY OF -----~ 20 __ , AT __ _,MINUTES PAST __ ~M., IN BOOK __ OF MAPS, AT PAGE __ AT THE REQUEST OF THE TOWN OF 77BURON. SERIAL NO. _______ _ FEE: ___ _ RICHARDSON BAY COUNTY RECORDER BY: ____________ _ DEPUTY 4-. VICINITY MAP NO SCALE RACCOON SlRAIT PARCEL MAP PARCEL 1 OAK CREEK TOWN HOUSEi A THREE-UNIT CONDOMINIUM PROJECT LANDS OF RICHARDSON BAY LAND COMPANY 914 OR 431 & 1548 OR 304 OFFICIAL RECORDS OF MARIN COUNTY TOWN OF TTBURON PREPARED AT THE REQUEST ~F ANDREW ALLEN MARIN COUNTY 0 CALIFORNIA OCTOBER 2020 MERIDIAN SURVEYING ENGINEERING, INC. 2958 VAN NESS A VENUE 777 GRAND A VENUE, #202 SAN FRANCISCO, CA 94109 SAN RAFAEL, CA 94901 (415) 440-4131 (415) 456-5450 surveyrequest@meridiansurvey.com APN: 058-301-49 (03010) SHEET 1 OF 3 REFERENCES THE FOLLOWING DOCUMENTS WERE REVIEWED AS A PART OF THE BOUNDARY ANAL YS/S AND FIELD SURVEY OF THE SUBJECT PROPERTY. THEY ARE CITED HEREIN FOR CLARITY &: TO PERPETUATE THE FACT THAT THEY WERE CONSIDERED. MAP REFERENCES UL nMA TEL y UnLIZED IN THE CONCLUSION ARE SHOWN NEXT TO THE RELEVANT DIMENSIONS IN BRACKETS [ J [AJ SUBJECT DEED TO RICHARDSON BAY LAND COMPANY, RECORDED 7 MARCH 1962, IN BOOK 1548, PAGE 304, OFFICIAL RECORDS OF MARIN COUNTY (ORMC). G ~----(/\Isa, BIRD FD 3/4" IP & [6A] / So~o,, 2010-0065927 RCE 17486 /,1,, 1\1 1 <1-,2 ',sa:s--0,2. I -....;;..?_',21 :, Is}) (I It) "-i1' 'o 1\160, /2<8>"' '~&c,. sso-,.. \ NUM C1 C2 C3 C4 cs CURVE TABLE DELTA ARC RADIUS 73"34'32" 11.56' 9.00' N 17"55'07" 8.13' 26.00' 68"03'48" 35.47' 29.81' 46"33'13" 7.31' 9.00' 27"01'20" 4.24' 9.00' LI NE TABLE ,.......... ... E L1 N62"26'23"W 94.16' L2 N81 "43'56"E 18.80' [BJ "RECORD OF SURVEY FOR LOT LINE ADJUSTMENT" RECORDED 19 DEC 2005 IN BOOK 2005 OF MAPS, AT PAGE 356, ORMC. [CJ "PARCEL MAP ... L YFORD PLACE ... • RECORDED 21 JAN 1975 IN BOOK 11 OF PARCEL MAPS, AT PAGE 11, ORMC. [DJ "MAP OF RED HILL UNIT 1 ... • RECORDED 4 SEPT 1959 IN VOLUME 10 OF MAPS, AT PAGE 37, ORMC. ,..,. '-1--2 q, '· ·O•>· \ '° ~ • TcJ,, ~ /,;,, • I ' '-c ~ ✓ ,2 . 38' oo"E 23.28 '' ' FD LEAD PLUG • ¼31, ~ S? , 30"E 22.812[C]) , t TAG RCE 17486 [CJ '\ .~ (S2 03 ,,.,.., • •., 0> UTIUTI<S "' 'V . """"" ~ 'C.'. ' n, CR a, ~ 2 L3 S59"14'16"E 40.35' L4 N21"18' 40"E 10.86' LS S45"1 S'OO"W 16.1 o' s L6 S47"11'13"W 17.43' 30 0 15 30 60 N30"14'01"W 49.97' [E] "AGREEMENT REGARDING STORM WATER RUNOFF RELIEF AND GRAND OF EASEMENT" RECORDED 7 JULY 2014 DOC NO. 2014-0027847, ORMC. 0, ~ ,~ TOWN OF TIBURON 2748251-73 ~ ~~ I ,1;,-!!:! LAND co ;;, \ "'· J' RICHARDSON &B~J4a OR 304 ~~'6~ )✓::; 914 OR 431 "' "" • q ~ /2 . "" O' ,2 ~'~ \ -;D ·o ~\c ----z_C) s 0 0,~ ~ OPEN SP ACE • S, 1 2 -------...c:.=~2862 OR 37? / • o"E.~ c1) ?6• 0-.s ( S84 ·49 '30"E 45. 286 Tc (N~.2 o_o_ --~ ~" 7' .ts;~Q _ --S83'74 'DO'£[ 8 J.i ---; 3,-c. -· · -'-(. '<?,. V;._ / ---45,29 ·r B ~. · N~1J.!;. =0 ·----.___ / ·• -., . "'«?)l S/) / /,'.·::;,----~ --'7', ... , ·, / 1/' ~-?6' -.4 .. 5 2' _ ·-... ---.. --'~ "--·. /, .------'--, Cf. 16' WIDE EASEMENT STORM WATER RUNOFF TOWN OF TIBURON 2014-0027847 u . >=- L \ f ~ \ ~ \ -;D .:../ 0 \b / "' r,;c: -. ---c', cc ---' '--' ..._,... -.q, o <> / r -------·-, , _...---.__, -1~. A:; ," / \_ ' '( ' ' . Al1i' '----' .\ 01 0 01 ,.,, N • ~ .,._; CD ~/ / I <--' ·\ "'-' ~ -..., '-q_ ,<. I . "-._ -..., \ I-" . \ ,, / ' ' ' -•. ' ,, J/ \ ' . .> '~ R) 'o":) r/ . ' ........ \ \f, o. • ·", / . . 0 "'.(\ ~ / I I·' I L8 ~-"--\. \ t;,·. I-";. o, , "',__ o , \ , -~l •· * .~'b/~'b / ~~ / ' \ \ I-" •• v>o <P ,_ '" >,? I · I -, o ) wr,, /{?o'•1 UNIT 2 3 •. \<"-~ -, COMMON AREA 37,670±SQ FT CD :S: w I= • 0 g I .t') P A ?,ci ,. \ ' i ",LL ,.' I '': -1 :'vl 11 \2 / ~ / ,-~ &-'P/ 37 L '"'1~D FjR <~>. . 79 ~:~6RD DR \ .\ \_ ·. o .. 1/ ,\_C.,\~~ C.,~ / /~/ ~~i>'> / 9554± \ ..J9472±SQ FT \ ·\\ \ 's,, ()(), (j ,~ ~ ,_ &,o~ / I .-r, o 'I>· 9 a 'S '-/ ~< ' -.... ,,i, • _'1'. • • ., / ' y..,_ ~"" \,. " . Cl, ., ~ 'b 1/ / / .. ~ '1 .___., ·, ,, ' ~-""" I s~ . 1-/ , , ._, w --._ , · • V , 1 ' / ..... -,., _,. \ -._ ,., .. "" c,'o 7,,/ '--.... _~, \ .... ;, \ ', <s\ < ~~ le / , ;;'>,;' / .• --~. .A .· \, \. , ~. 0) '? ,,, +s 8 .• -... '•. ' , _ el.-~_ ~• / '• >:~.,\~~I / "0· ' -. ~-· .... ~, < ,. '< ,~· '" S <Q,, ~ '-', a .__ • <' \O-"<',,, < \ \'O ' s, :J "-,.,__ z ' '" <\,--V / ; ,~., [D] . I LO 0 LO t') • 0 V) I -o· &; '-' " ' c, ' • "' • . . ' Ii T& '-,;· , """', UNIT 1 R ·"c_ I<{, COMMON ARcA ES '· , I ,· PUE • • '-'c 'o•• • 35 L YFo;g f T C4 / cc 2 OAK CREEK JOWN HOUS \ \,/ • [D l 25• EASE1'ENT '40"W[Bl. ----. ,,,, ">, • 10719± ~. / \ /\. 11"'"" S31 '09 "[BJ T , ?:, .J,i>es·;, .-L4 / -( , . -[DJ 40.00 / -.... ,,, J-, < , ; REED ' •, \ • ', _ t' -J , -----~N'v • i DRA" ~ "--- '•\_ • -. ' L-ou11c,a, ,/ f:,C.-!!;! ,I} '-0smucruRE /_ -..._ ~ ·, ~ I O 2016-0041843 TER 'ii< ,._O) I"?)· \ ' 2014-00278 47 \"v '-, -~ • ALWA ,., ~ '-I •• 0 ,_ ,: \ '.\6 , ----. , • -, • MARIN ,~uT~G:CHAADSON ~if ~ y ~ r:.-. % -'.._ '',_' / O,STR~A, LAND °"2 ,4.; 0) ,41; 'J ~.J '-',.J,i,"---0 /<,, Sf r, / <;fS ,? • • • /'-?p> • ~":-~ i,; , V .C,. ~ . ...:, , · -S'.' • .: 'l's-' >< · ~ i, / !f'/ ;_ o'<:--'1/_,, , '¾ <c,'?.; • -. • ,{j' ~o ,17 .J._"-1/ ,;'?: /\Is~, So,~ <o,, 11,, 1 S31"09'40"W'[B] 'qo~, 30.00' '[BJ . UNION SCHOOL DISTRICT SJ 84-043299 & 673 OR 200 PARCEL 1 y."T<J ·, ., / ~ ~ I 1 'v /...._{;) / ~ ." 1,.:::_ ' O"E 1 "'-" / , / , : S5 7'50 2 / -.__ / 0~ 9 , s,,,><,, '•r-~ 5.00'[B] / / / "x:.:_ ' TIE TO MON / • ,/·cr~"""-L45.-,,,, s65.26'20"E[B] / 1 / ✓• • 35.23'[BJCJ / / FD 3/4" IP-/~ (S66.51'50 E[CJ) / _,{ / RCE 17486 / / ~ / Pffi[CIB] / ¾0' / PARca 3[A] , O"E 13 55' [BJ / a~ / POB/2/ N31"09 4 , / /~ / /' ,-10 I / ,, / I :,0::--:eo· / / le;, / 5, EASEMENT Y 0 OAK CREEK TOWN HO USES 67,414+SQ FT / I ~~~ / B19 OR 120[D] . ~0' ~ / ~ ,;;; 0'/$, / o 1 <oo I / ) ~ L7 L8 N60"00' 30"E 4.15' L9 N33"41'04"W 80.50' L10 N56"18'56"E 13.25' GRAPHIC SCALE 1 INCH = 30 FEET L1 1 N33"41'04"W 7.86' L12 N56"18'56"E 68.15' BASIS OF BEARINGS L13 N33"41'04"W L14 N33"41'04"W L45 s31 ·09'3o"w GENERAL NOTES 65.00' 15.50' 3.54' THE BEARING N 31'09'40" E OF THE CENTER LINE OF LYFORD DRIVE BETWEEN FOUND MONUMENTS AND SHOWN UPON MAP ABOVE REFERENCED {CJ A CLOCKWISE ROTAnON OF 1'25'3o· WAS APPUED TO MATCH THE BEARING OF SUBJECT DEED [A] MAKING THE CALCULATED BEARING FOR THIS MAP N 29'44'10" E AND ALL BEARINGS HEREIN MENnONED ARE RELATED THERETO. 1.) RECORD DIMENSIONS= MEASURED, UNLESS OTHERWISE NOTED. 2.) THIS PROPERTY CANNOT BE FURTHER SUBDIVIDED. 3.) THE CONDOMINIUM PLAN FOR OAK CREEK TOWN HOUSES (CONDOMINIUM PLAN), TOGETHER WITH COVENANTS, CONDtnONS &: RESTRICnONs OF OAK CREEK TOWN HOUSES (CCRS), ARE BEING RECORDED CONCURRENTLY WITH THIS PARCEL MAP. THE OAK CREEK TOWN HOUSES OWNERS ASSOC/A noN (HOA) WILL BE ESTABLISHED CONCURRENTLY WITH THE RECORDING OF THIS PARCEL MAP, AS DOCI-------~ THE CONDOMINIUM PLAN AND THE CCRS. 4.) DRAINAGE IMPROVEMENTS WITHIN THE PUBLIC DRAINAGE EASEMENT ARE TO BE MAINTAINED BY THE OWNERS AS PROVIDED IN THE AGREEMENT REGARDING STORMWA TER RUNOff RELIEF &: GRANT OF EASEMENT, RECORDED JULY 7, 2014, DOC. NO. 2014-0027847. OAK CREEK TOWN HOUSES OWNERS ASSOC/A nON (HOA) TO PERFORM MAINTENANCE AS REQUIRED PURSUANT TO COVENANTS, CONDtnONS &: RESTRICnONS (CCRS) FOR THE OAK CREEK TOWN HOUSES, RECORDED CONCURRENTLY WITH THIS MAP. AND ANY SUBSEQUENT AMENDMENTS THERETO. 5.) THE UNITS AND THE COMMON AREAS ARE SUBJECT TO BLANKET EASEMENTS FOR DRAINAGE. ENCROACHMENTS cf: EXISnNG EASEMENTS AS ESTABLISHED BY AND PROVIDED FOR IN THE COVENANTS. CONDtnONS cf: RESTRICnONS (CCRS) FOR OAK CREEK TOltN HOUSES. RECORDED CONCURRENn. Y WITH THIS MAP, AND ANY SUBSEQUENT AMENDMENTS THERETO. 6.} ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF. LEGEND [XJ (X) (C) (T) REFERENCE DOCUMENT RECORD DIMENSION CALCULATED TANGENT 1-,7 PEDESTRIAN PASSAGE ESMT TOWN OF nBURON L_J 2862 OR 369 ----SUBDIVISION BOUNDARY MON FD LP IP MONUMENT RIGHT OF WAY cf: PROPERTY LINE '· '- ' ·, ,1 '. OAK CREEK TOWN HOUSES / /, / /'- ) ) j . , " 1/ ,§s5•:fu'20"E ~ ~5.23' )' 7 I [B][C] / / tFD STANDARD ti ' I STREET (i / t MONUMEN T ti I I PER [B][C] /I ' I /~/ 1~/ I ,<;::, 1~7 .1~/ I / Oj, / I / I I /~. I I , .\I I 0,/. ~I I :if-1 ~<!)./ . 'J:'I ~ I ;j1/f:' i I Qi I ii!:,/ t;:,_I I ' .t::i I ~/~ <o"'I .f , I CJ)/ .1 ~I .<5::;,N I R-<~1 I I\. ·;•l.v / . C),'.C) . I 0j1,.'• '>' I 1,1.v, -~ / I ,~/")' ..,..,~ ,'>'I REED UNION SCHOOL DISTRICT 84-043299 & 673 OR 200 ~/ ~"/ POB PUE " p 0 • @ FOUND ----·-- LEAD PLUG -··- IRON PIPE --- POINT OF BEGINNING -···----·-··-··· --- PUBLIC unLITY EASEMENT FOUND AS NOTED FD REBAR &: CAP, PLS 6784 PER [BJ FD LEAD PLUG &: TAG, PLS 6784 EASEMENT LINE UNIT BOUNDARY CENTER LINE (If) nE LINE FD STANDARD STREET MONUMENT PER[CIBJ SET STANDARD nBURON MONUMENT PLS 6784 PARCEL MAP PARCEL 1 OAK CREEK TOWN HOUSEi A THREE-UNIT CONDOMINIUM PROJECT LANDS OF RICHARDSON BAY LAND COMPANY 914 OR 431 & 1548 OR 304 OFRCIAL RECORDS OF MARIN COUNTY TOWN OF nBURON PREPARED AT THE REQUEST OF ANDREW ALLEN MARIN COUNTY 0 CALIFORNIA OCTOBER 2020 PARCEL 1 CONSISTS OF UNITS 1, 2, 3 AND THE COMMON AREA, WITH IN THE SUBDIVISION BOUNDARY OF THIS MAP EAST LINE REED . . ~", <J 9:>I)< UNION SCHOOL / ,I)< /0 .o DISTRICT / ~ 0 "J' ~ :-x-~ I "-/ I J>~❖.Q ·, I I :/>..f> ~~ '-.,. • I MERIDIAN SURVEYING ENGINEERING, INC. WEST LINE Q; I..:. . I /OF L YFOR ,-lo /, DRIVE 1 ~J{?_o;j -,$>; o..,.. 1/ · ;;Q-,$>; <9o ~ (.__ FD ~.,.._~~ STANDARD .qo ~ STREET u:,,-d> ~ MONUMENT .,u> PER [B)[C) ., BASIS OF BEARINGS 1"=1501 2958 VAN NESS A VENUE 777 GRAND A VENUE, #202 SAN FRANCISCO, CA 94109 SAN RAFAEL, CA 94901 (415) 440-4131 (415) 456-5450 surveyrequest@meridiansurvey.com APN: 058-301-49 (03010) SHEET 2 OF 3 /' /, )" // // / / / " / .. / . / . _./ //// I// / /. / ' / / ) /' / ' / / / / 1// . / / / . ./ ,/ // // /" // /'' / / / /' // // / / AREA / / ' ,/ / , // // ·' TOWN HOUSES / // // / ) N s 20 0 10 20 40 7 ""II-£ i r:C ~i s '\ :r-~ L'< y \ ) /, / /' / //" // / /. / / /A / I ' / . / /-// ,/ /\ r , / , / , / .. -----I /' /,. / / /.· / / / / -/, / / / / / ,__ ·-// / / / / / /" / // // " /' ' ,· ' / // ,• // ' / ' ' / . / -----" --j. --~-/ / / / // / , / -/ / -/' ' ' ' ' / / ,----· --,' / --/ ' / / / ' / / / / ' /, ✓----"• !',_:.:~--:.-:::.:.:::-'' -',._.,-· '-1',.,_ / // ' /./ ./ ,// --------GRAPHIC SCALE ~-1) ~o :::_,; y a " ' -.._/ , / / " / , r ·------/ / /. // / , ./· // / / / ' -------/" '<' / / // / / . ,,\ // / I ----~-\: ::: --~= --··-.. /, '-/ / ' / OPE / ,/ /' / , / ; \ .._ ~ '-·, / / / / . · _/" 2 OR 372 ' , 1 INCH = 20 FEET / / / -----~ "' '-,/ // . ,/ ,//. /. -28.6 N SPACE // ./·\ / / II ~=-= -.._ ', '-'<' / / / , / /// /// /' / / . --! \ " '-, ',/ / / / ' / ' / / / / / / LYFORD DR 6.00' ~ .. ·· · .. · .\ UNIT "-.... ~ "-.... ..,,./// ///. . // //.· ... / //. .// , / ,/" Y/ / / / 3 3 "' '/ '/ /' //·' / / / /·-.... / / n ·; ~"-·. g LYFORD DR '-' '-./ / / / / // // // _, / . / a. oo' ___ 1 //.~/ ·· / • ·· '---'-< "" "'-"" "-/ --/ . / / / / · // · -.._ '-// / . ..d ,S,, '-, ' , , , / / / '-<./ / .. / ~·_.,_ ./··,/ ;~t .. 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I '1'/'1""'-.... ~ . ...-.,~ ..J;, \ \ / / / // ' V ~ << -\M ,,/ ,. ; \ \ . \ / / "'-~, /; ;,°"::_~--:(45:-~ ·.>.. . . / \/\ / /. ,/· .// . V C •• ----•, / \ " / / • -7 EASEMENT A EASEMENT B EASEMENT C I· ········ . I L ____________ I [T777,771 I v;'.///// EASEMENT D 1/ / / ,· , / I I// ////I 17-'77 771 1 /;//,1/',) EASEMENT E V/ / 1/1 I . ' / ·1 r--r_,, /7~ v;; /,,»//J ( ///;/), 'EASEMENT F I I ' "'---"-/ -/ '· '---·. V,L43 / ': { , / / / -' --,/',,' ' ~ ,, . ' \ / , / ....._, I "-EASEMEN ---' :;, I /< / / / , TB , .'< C4 4 ---L ' 507± SQ FT -,.~'' , 6 --/ '/ / / / ''¾-•·...• <f '-~\' -'"-~ -c ' , ' /\ / \ / // ---'•. -,/ ' ' ' " ' . ' / / ' / ' / / ';· ' ;'~' "/ v> \,-, -~· ,,,,· ,/ _/, .• /x . x. // ' ' , " ., ' / , r /" ' / -• / '-<' . , / . . . , V ' , , "-"-I ·-•. • ' , , ' ' / // . /\ . /,-"'x \'-/ r e . ' , ' /' , -... c · Co / ., · ' // ,-./ ' ' ,·.. ' ! / ' X , 1 '-.,_ EASEMEN . '1< ' /2' / / , I / / / ' / . V .._ .._ /'" 171± SQ T,f /4:,,~ / / / / / / X \_,.\ \ . , ·1 / /// / / •' /. /\ ,'-, ' /' ' / /' ',' "-·-/ / ,, / / / / ' \ I ' / ' / \ ' , "' "' ./ / . / . )\ / / .' \· \ / ,_ .._ I ,, / , i .. /' ,_ " _ / / coM • vi / UNIT 1 35 LYFORD DR / // / ~ / // ///I \ \ / f4'.1////j !// _,~7 I I COMMON AREA I •1 L._· ---· /_ '-' · / / OAK CR MON AREA ,,; \/ .._ .._\/ EEK TOWN HOUSE // \ //\ .._ ":· , ,' s / ;( .._ ,>. ' / / ' / \ • \ "' > "' . / / / /. /v l -/ ' / / / ' / .. -''---.. --. ~>·,·/·· .· / // // .. /·· .. · /,/1 cy ,,<,, /', / '-/ ' / / / / 1' / ' X /~ PR/VA TE EASEMENT A STORM DRAIN, SANITARY SEWER & ELECTRICAL POWER....._ EASEMENTS IN FAVOR OF UNITS 1, 3 & COMMON AREA ....._ PR/VA TE EASEMENT 8 STORM DRAIN, SANITARY SEWER & ELECTRICAL POWER EA SEMEN TS IN FAVOR OF UNI TS 2, 3 & COMMON AREA PR/VA TE EASEMENT C / x· / //.:.......,{_ .·/. /"'_ .. · .( / _/ // .. / .. //. / ,' / -,-,>,, / / / ' / :,c / ''/ // / / / / ,/ , / / / " / / / ~~~ <j/ ~0 ~~ ~ ~~ ~ X' ~ PR/VA / ·' --/ / / // I WATER~[ ASEMENT E / '-/ / ,. •/ / // / OF UNIT 2E, GAS LINE AND ELEC // "v '-/ ':/ / / / TR/CAL PO / "' /-Y . I/ "' :;,. PR/VA 11£R EASE. / , / .,_ ' / uo sANJT:J,f1:~ENr F MENrs IN FAVOR // // X / '',,<'. /z_ ,/. '-"·,EJo, UNITS 1, 3 & CR & ELECTRICAL / / / ;,< / I OMMON AREA POll£R EASEMEN / / '-/ C'/ , ', / TS IN FAVOR or /' / / / •/, 'y ' / '/ 1 -- / / STORM DRAIN EASEMENT IN FAVOR OF UNITS 2, 3 & COMMON AREA PR/VA TE EASEMENT D SANITAR Y SEWER EASEMENT IN FAVOR OF UNIT 3 " ,,_ "•,/ / LINE TABLE LINE TABLE LINE# BEARING I LENGTH LINE# BEARING LENGTH L34 N81" 43' 56"E I 18.80 L54 -s34· 06' 21"W 48.56 L35 N4T 11' 13"E I 11.89 L55 S89" 05' 54"W 15.96 L36 I S7T 36' 40"W I 22.68 L56 S58. 1 o· o5"E 18.60 I L37 I S59" 14' 16"E I 74.98 L57 N81" 21' 36"W 9.02. L38 N82" 22' 50"E I 26.98 L58 S33" 41' 04"E 8.12 L39 S62" 26' 23"E I 10.41 L59 N81" 21' 36"W 15.72 L40 N82" 22' 50"E I 16.38 L60 S58. 1 o· o5"E 18.07 L41 s59· 14' 16"E I 32.59 L61 ss9· 05• 54"W 8.64 L42 I N81" 43' 56"E I 5.79 L62 s34· 06' 21 "W 45.91 L43 I S59" 14' 16"E I 40.35 L63 S62. 26' 23"E 8.05 L44 I s59· 14' 16"E I 50.69 L64 N35. 41' 27"W 31.13 L45 I N81" 43' 56"E I 17.41 L65 S21" 18' 40"W 7.67 L46 I S41" 59' 24"W I 2.30 L66 s59· 14' 16"E 18.18 L47 I N62" 26' 23"W I 14.96 L67 N59" 14' 16"W 16.01 L48 I S2T 33' 37"W I 6.81 L68 S41. 59' 24"W 8.79 L49 I N62" 26' 23"W I 8.22 L69 S62" 26' 23"E 7.62 . L50 I S2T 33' 37"W I 13.02 L70 N81. 43' 56"E 13.01 L51 I S62" 26' 23"E I 24.15 CURVE TABLE L52 I NOT 37' 1 O"W I 6.00 CURVE# DELTA RADIUS I LENGTH L53 I N82. 22' 50"E I 8.51 C4 073"34'32" I 9.oo I 11.56 C5 01 T55'07" I 26.00 I 8.13 C6 045·33•13" I 9.oo I 7.31 LEGEND SUBD/1//SION BOUNDARY RIGHT OF WAY & PROPERTY LINE EASEMENT LINE UNIT BOUNDARY CENTER LINE (ff.) PARCEL MAP PARCEL 1 OAK CREEK TOWN HOUSE, A THREE-UNIT CONDOMINIUM PROJECT LANDS OF RICHARD6ON BAY LAND COMPANY 914 OR 431 & 1548 OR 304 OFFICIAL RECORDS OF MARIN COUNTY TOWN OF nBURON PREPARED AT THE REQUEST OF ANDREW ALLEN MARIN COUNTY 0 CALIFORNIA OCTOBER 2020 MERIDIAN SURVEYING ENGINEERING, INC. 2958 VAN NESS A VENUE 777 GRAND A VENUE, #202 SAN FRANCISCO, CA 94109 SAN RAFAEL, CA 94901 (415) 440-4131 (415) 456-5450 surveyrequest@meridiansurvey.com APN: 058-301-49 (03010) SHEET 3 OF 3 FINAL PARCEL MAP SUBMITTAL; DRAFT 01-06-20 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Richardson Bay Land Co. Attn: Andrew Allen P.O. Box 761 Belvedere, CA 94920 SPACE ABOVE THIS LINE FOR RECORDER’S USE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR OAK CREEK TOWN HOUSES IF THIS DOCUMENT CONTAINS ANY RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, NATIONAL ORIGIN, OR ANCESTRY, THAT RESTRICTION VIOLATES STATE AND FEDERAL FAIR HOUSING LAWS AND IS VOID, AND MAY BE REMOVED PURSUANT TO CALIFORNIA GOVERNMENT CODE §12956.1. LAWFUL RESTRICTIONS UNDER STATE AND FEDERAL LAW ON THE AGE OF OCCUPANTS IN SENIOR HOUSING FOR OLDER PERSONS SHALL NOT BE CONSTRUED AS RESTRICTIONS BASED ON FAMILIAL STATUS. FINAL PARCEL MAP SUBMITTAL; DRAFT 01-06-20 i DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR OAK CREEK TOWN HOUSES TABLE OF CONTENTS DECLARATION ............................................................................................................................................. 1 ARTICLE I DEFINITIONS ................................................................................................................................................ 2 ARTICLE II OWNERSHIP, EASEMENTS AND RIGHTS .................................................................................................. 7 2.1 Description of Project ....................................................................................................................... 7 2.2 Condominium Ownership ................................................................................................................. 7 2.3 Common Area .................................................................................................................................. 7 2.4 Non-Severability; Partition Prohibited .............................................................................................. 7 2.5 Easements and Rights of Use - Generally ........................................................................................ 7 2.6 Owners Nonexclusive Easements Over Common Area ................................................................... 8 2.7 Association Right and Easement for Performance of Duties ........................................................... 8 2.8 Association Right and Easement to Cure Violations ......................................................................... 8 2.9 Exclusive Use Common Areas ........................................................................................................ 9 2.10 Private Utilities Easement ................................................................................................................ 9 2.11 Intentional Deleted ............................................................................................................................ 9 2.12 Party Fences ..................................................................................................................................... 9 2.13 Encroachments ................................................................................................................................. 9 2.14 Open Space Easement ................................................................................................................... 10 2.15 Pedestrian Passage Easement ....................................................................................................... 10 2.16 Public Drainage Easement ............................................................................................................. 10 2.17 Easements and Dedications Shown on Parcel Map ....................................................................... 10 2.18 Existing Easements ........................................................................................................................ 10 2.19 Rights of Entry ................................................................................................................................ 10 2.20 Authority Over Common Area ........................................................................................................ 10 2.21 Delegation of Use; Contract Purchasers; Tenants ......................................................................... 11 ARTICLE III USE RESTRICTIONS .................................................................................................................................. 11 3.1 Residential Use .............................................................................................................................. 11 3.2 Leasing ........................................................................................................................................... 11 3.3 Use of Common Area ..................................................................................................................... 12 3.4 Pedestrian Passage Easement ...................................................................................................... 13 3.5 Drainage Channel .......................................................................................................................... 13 3.6 Parking and Vehicle Restrictions ................................................................................................... 13 3.7 Trash Disposal ............................................................................................................................... 14 3.8 Animals .......................................................................................................................................... 14 3.9 Maintenance and Improvements .................................................................................................... 15 3.10 Drainage ........................................................................................................................................ 15 3.11 Improvements and Alterations to Units ........................................................................................... 15 3.12 Antennae and External Fixtures ..................................................................................................... 15 3.13 Signs ............................................................................................................................................... 15 3.14 Outdoor Furniture .......................................................................................................................... 16 3.15 Storage .......................................................................................................................................... 16 3.16 Temporary Structures ..................................................................................................................... 16 3.17 Machinery and Equipment .............................................................................................................. 16 3.18 Plant Diseases, Insects and Vermin .............................................................................................. 16 3.19 Offensive Conduct; Nuisances ....................................................................................................... 16 FINAL PARCEL MAP SUBMITTAL; DRAFT 01-06-20 ii 3.20 Insurance Rates .............................................................................................................................. 16 3.21 Compliance with Laws and Governmental Approvals ..................................................................... 16 3.22 Exceptions ..................................................................................................................................... 16 ARTICLE IV MAINTENANCE, REPAIR & IMPROVEMENTS .......................................................................................... 17 4.1 Association Maintenance and Repair of Common Area and Common Improvements .................... 17 4.2 Damage to Common Area Caused by Owner ................................................................................ 17 4.3 Association Maintenance Standards ............................................................................................... 18 4.4 Owner Maintenance and Repair of Units, Exclusive Use Common Areas and Improvements........ 18 4.5 Party Fences ................................................................................................................................... 18 4.6 Landscaping ................................................................................................................................... 19 ARTICLE V ARCHITECTURAL CONTROL ................................................................................................................... 19 5.1 Alterations and Improvements Requiring Board Approval ............................................................. 19 5.2 Compliance with Governing Documents and Governmental Requirements .................................. 19 5.3 Limitation on Liability....................................................................................................................... 19 ARTICLE VI ASSOCIATION ............................................................................................................................................ 20 6.1 Status ............................................................................................................................................. 20 6.2 Governing Body .............................................................................................................................. 20 6.3 Membership .................................................................................................................................... 20 6.4 Member Voting Rights .................................................................................................................... 20 6.5 Powers and Duties of the Association............................................................................................. 21 6.6 Limitations on Authority of Board .................................................................................................... 23 6.7 Copies of Documents to be Delivered by Association ..................................................................... 23 6.8 Inspection of Association Books and Records ................................................................................ 23 ARTICLE VII ASSESSMENTS AND RESERVES ............................................................................................................. 24 7.1 Obligation to Pay Assessments ..................................................................................................... 24 7.2 Assessments as Personal Obligation of Owner .............................................................................. 24 7.3 Use of Assessments ...................................................................................................................... 24 7.4 Regular Assessments .................................................................................................................... 24 7.5 Notice of Increase of Regular or Special Assessments .................................................................. 24 7.6 Reserves ......................................................................................................................................... 24 7.7 Special Assessments ...................................................................................................................... 25 7.8 Reimbursement Assessments ........................................................................................................ 25 7.9 Commencement of Assessments; Assessment Period ................................................................... 25 7.10 Allocation of Regular and Special Assessments ............................................................................. 26 7.11 Notice of Assessments ................................................................................................................... 26 7.12 Due Dates for Payment of Assessments ........................................................................................ 26 7.13 Application and Receipt for Payments ............................................................................................ 26 7.14 Delinquent Assessments ................................................................................................................ 26 7.15 Fiscal Year ...................................................................................................................................... 26 ARTICLE VIII COLLECTION OF ASSESSMENTS ............................................................................................................ 26 8.1 Enforcement of Assessments ......................................................................................................... 26 8.2 Assessment Liens ........................................................................................................................... 27 8.3 Assessment Collection.................................................................................................................... 28 8.4 Waiver of Homestead Protections................................................................................................... 30 ARTICLE IX FINAL PARCEL MAP SUBMITTAL; DRAFT 01-06-20 iii ENFORCEMENT ......................................................................................................................................... 30 9.1 By Action or Alternative Dispute Resolution .................................................................................... 30 9.2 Disciplinary Action .......................................................................................................................... 30 9.3 Dispute Resolution .......................................................................................................................... 30 9.4 Notice and Hearing ......................................................................................................................... 30 9.5 Schedule of Monetary Penalties ..................................................................................................... 31 9.6 Limitation on Enforcement Remedies ............................................................................................. 31 ARTICLE X INSURANCE ................................................................................................................................................ 31 10.1 Owners Insurance .......................................................................................................................... 31 10.2 Association Insurance .................................................................................................................... 31 10.3 Review of Association Insurance .................................................................................................... 32 10.4 Association Administration of Insurance ......................................................................................... 32 10.5 Appointment of Trustee .................................................................................................................. 33 10.6 Adjustment of Losses...................................................................................................................... 33 10.7 Summary of Insurance Policies ...................................................................................................... 33 10.8 Notification of Any Change ............................................................................................................ 33 ARTICLE XI DAMAGE OR DESTRUCTION OF IMPROVEMENTS ............................................................................... 33 11.1 Restoration Defined ....................................................................................................................... 33 11.2 Damage and Destruction to Common Area ................................................................................... 33 11.3 Damage and Destruction to Units ................................................................................................... 33 ARTICLE XII CONDEMNATION ....................................................................................................................................... 34 12.1 Taking of Common ........................................................................................................................ 34 12.2 Taking of Condominiums ............................................................................................................... 34 12.3 Substantial Taking ......................................................................................................................... 34 ARTICLE XIII PROTECTION OF MORTGAGEES ............................................................................................................ 34 13.1 Mortgage Permitted ........................................................................................................................ 34 13.2 Subordination .................................................................................................................................. 34 13.3 Effect of Breach or Enforcement .................................................................................................... 35 13.4 Mortgagee’s Right to Examine Records, Appear at Meetings and Furnish Information .................. 35 13.5 Priority in Distribution of Insurance and Condemnation Proceeds ................................................. 35 13.6 Payments by Mortgagees .............................................................................................................. 35 13.7 Right of First Refusal ..................................................................................................................... 35 13.8 Mortgagees Protections Control Over Other Provisions ................................................................ 35 ARTICLE XIV AMENDMENT OR REVOCATION .............................................................................................................. 35 14.1 Before First Transfer ...................................................................................................................... 35 14.2 After First Transfer ......................................................................................................................... 35 14.3 Amendments to Correct Errors ...................................................................................................... 36 14.4 Amendments to Conform with Mortgagee Requirements ............................................................... 36 14.5 Amendments Requiring Town Approval ......................................................................................... 36 ARTICLE XV GENERAL PROVISIONS ............................................................................................................................ 36 15.1 Term of Declaration ........................................................................................................................ 36 15.2 Indemnification ................................................................................................................................ 36 15.3 Delivery of Documents & Notices.................................................................................................... 36 FINAL PARCEL MAP SUBMITTAL; DRAFT 01-06-20 iv 15.4 Enforcement by Suit ....................................................................................................................... 37 15.5 Rights of the Town of Tiburon ......................................................................................................... 38 15.6 Cumulative Remedies ..................................................................................................................... 38 15.7 Obligation for Taxes ........................................................................................................................ 38 15.8 Notification of Sale .......................................................................................................................... 38 15.9 Violations as Nuisance.................................................................................................................... 39 15.10 No Discriminatory Restriction .......................................................................................................... 39 15.11 Severability ..................................................................................................................................... 39 15.12 Liberal Construction ........................................................................................................................ 39 15.13 Headings ......................................................................................................................................... 39 15.14 Number; Gender ............................................................................................................................. 39 15.15 Exhibits ........................................................................................................................................... 39 15.16 Assignment ..................................................................................................................................... 39 15.17 Binding Effect .................................................................................................................................. 39 FINAL PARCEL MAP SUBMITTAL; DRAFT 01-06-20 1 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR OAK CREEK TOWN HOUSES This Declaration of Covenants, Conditions and Restrictions for Oak Creek Townhouses (this “Declaration”) is made as of _______________, 2020, by Richardson Bay Land Co., a California corporation (“Declarant”). Capitalized terms are defined in Article 1 and elsewhere in this Declaration. RECITALS A. Property Owned by Declarant. Declarant is the owner of all the real property and Improvements located thereon in the Town of Tiburon, County of Marin, State of California, described as follows (the “Property”): Parcel 1, as shown and delineated on that certain parcel map entitled “Parcel Map, Parcel One, Oak Creek Town Houses, a Three-Unit Condominium Project, Lands of Richardson Bay Land Company . . . Town of Tiburon . . . County of Marin, California” filed for record in the Office of the County Recorder of the County of Marin on _________________, 2020, in Book _______ of Maps at Pages _____________. B. Nature of Project. Declarant intends to establish the Property as a Common Interest Development in conformity with the provisions of the Davis-Stirling Common Interest Development Act (California Civil Code §§4000 et seq.), which will be a residential “condominium project” as defined in California Civil Code §4125. The Property consists of three (3) residential Condominium Units and the Common Areas, as described and shown on the Parcel Map, the Condominium Plan and in this Declaration. The Property, together with all Improvements located or to be located thereon, is referred to herein as the “Project,” as more particularly defined in Article I. C. Mutually Beneficial Covenants, Conditions and Restrictions. By this Declaration, Declarant intends to establish and impose upon the Project a comprehensive general plan for the subdivision, development, improvement, maintenance, protection, use, occupancy and enjoyment of the Project, and to establish, adopt and impose mutually beneficial covenants, conditions, restrictions, easements, reservations, liens and charges upon the Project for the purpose of enforcing, protecting and preserving the value, desirability and attractiveness of the Project for the benefit of all Owners, the Units and the Common Areas. D E C L A R A T I O N Declarant declares that, upon the transfer of title of the first Condominium to an Owner other than Declarant, the Project will be a Common Interest Development as defined in California Civil Code §4100, and shall be held, conveyed, hypothecated, encumbered, leased, rented, used and occupied subject to the following limitations, reservations, restrictions, easements, covenants, conditions, servitudes, liens and charges, all of which are declared and agreed to be in furtherance of a plan of Common Interest Development as described in California Civil Code §§ 4000 et seq., for the subdivision, improvement, protection, maintenance, use, occupancy and enjoyment of the Condominiums within the Project, and all of which are declared and agreed to be enforceable equitable servitudes for the purpose of enhancing, maintaining and protecting the value and attractiveness of the Project. All the limitations, restrictions, easements, reservations, covenants, conditions, servitudes, liens and charges shall be binding on and inure to the benefit of all parties having or acquiring any right, title or interest in the Project, and shall be binding on and inure to the benefit of the successors in interest of all such parties. Declarant further declares that it is the express intent that this Declaration satisfy the requirements of California Civil Code §4250. This Declaration is intended to comply with and conform to the provisions set forth in the Davis-Stirling Common Interest Development Act (California Civil Code §§ 4000 et seq.) and the Nonprofit Mutual Benefit Corporation Law (California Corporations Code §§ 7110 – 8910) that are in effect as of the date of this Declaration. To the extent any provisions contained in this Declaration result in noncompliance with the provisions of the Davis-Stirling Common Interest Development Act or the Nonprofit Mutual Benefit Corporation Law, then the provisions of the Davis-Stirling Common Interest Development Act and the Nonprofit Mutual Benefit Corporation Law, as the same may be amended from time to time, shall apply. FINAL PARCEL MAP SUBMITTAL; DRAFT 01-06-20 2 ARTICLE I DEFINITIONS Unless otherwise defined or unless the context requires a different meaning, the terms used in this Declaration, the Condominium Plan, the Articles, the Bylaws, the Association Rules and any deed to a Condominium shall have the meanings specified in this Article I. “Annual Budget Report” means the annual budget report to be prepared by the Association and distributed to the Owners as provided in Section 6.5(e) and California Civil Code §5300. “Annual Policy Statement” means the annual policy statement to be prepared by the Association and distributed to the Owners as provided in Section 6.5(f) and California Civil Code §5310. “Articles” mean the Articles of Incorporation of the Association and any amendments thereto that are or will be filed in the Office of the Secretary of State of the State of California. “Assessment” means an assessment levied by the Association in accordance with this Declaration and applicable Governmental Requirements for the purpose of defraying the expenses of the Association, which is to be paid by each Owner as determined by the Association and shall include Regular Assessments, Special Assessments and Reimbursement Assessments. “Association” means the Oak Creek Town Houses Owners Association, a California nonprofit mutual benefit corporation, and its successors and assigns. “Association Rules” means the rules and regulations adopted and amended by the Association from time to time regulating the general management and operation of the Project, the conduct of the business and affairs of the Association, and the use and enjoyment of the Units and the Common Areas (including Exclusive Use Common Areas and all Common Improvements), and such other matters as authorized in this Declaration or applicable law. “Board of Directors” or “Board” means the Board of Directors of the Association. “Bylaws” mean the Association’s Bylaws and any amendments to the Bylaws. “Common Area” means the entire Project and all Improvements located within the Project, excluding the Units and all Improvements located with the Units, unless such Units are subject to an easement, servitude or right of common use in favor of the Association or all Owners, in which case such easement, servitude or right of common use shall also be deemed to be Common Area under this Declaration. Without limiting the generality of the foregoing, the “Common Area” consists of and includes all of the Common Area and Improvements within the Common Area (including the Exclusive Use Common Areas) as shown and described on the Parcel Map, Condominium Plan and this Declaration, including the Open Space Area, the Common Garage/Storage Area and all components thereof, the common driveway, walkways, landscaping, irrigation and all other Common Improvements (as defined below). “Common Drainage Improvements” means and includes: (i) all Drainage Improvements (defined below) that are located, or that come to be located, anywhere on, under or within the Common Area (including the Exclusive Use Common Areas) as shown and described on the Parcel Map, Condominium Plan and this Declaration; (ii) all Drainage Improvements located within the private Storm Drain Easements or elsewhere within boundaries of the Units as shown and described on the Parcel Map and Condominium Plan that service or benefit any portion of the Common Area, or that service or benefit two or more Units and are not for the sole use and benefit of a single Unit; and (iii) the Drainage Channel and all associated Improvements as defined and described in Section 2.16. “Common Drainage Improvements” shall not include any Drainage Improvements located within the Storm Drain Easements, or elsewhere within boundaries of the Units, where such Improvements service or benefit only a single Unit and the maintenance of which is the responsibility of the Owner of that Unit as provided in this Declaration. “Common Expenses” means the actual and estimated costs and expenses incurred by or on behalf of the Association in the performance of its duties and functions under the Governing Documents or in the proper discharge of the responsibilities of the Board as provided in the Governing Documents, including but not limited to costs, expenses and charges for the following: (i) management and operation of the Project generally; (ii) operating, managing, inspecting, maintaining, improving, repairing or replacing the Common Area and Common Improvements and reasonable reserves for such purposes as found and determined by the Board; (iii) all utilities for the Common Areas and Common Improvements, and any other services that are billed to the Association for FINAL PARCEL MAP SUBMITTAL; DRAFT 01-06-20 3 the benefit of the Project; (iv) the inspection, maintenance, repair and replacement of the Common Areas and Common Improvements; (v) the management and administration of the Association, including compensation for managers, accountants, attorneys, and employees; (vi) all expenses, charges and premiums for all insurance covering the Project and insurance policies for the directors, officers and agents of the Association, as provided in this Declaration; (vii) all taxes paid by the Association; (viii) all amounts paid by the Association for the discharge of any lien or encumbrance levied against the Project; (ix) for nonpayment of any Assessments; and (ix) all other costs and expenses incurred by the Association for the common benefit of the Project and the Owners. “Common Garage/Storage Building” means the existing two-story structure and all components thereof located within the Common Area. The Owners’ Exclusive Use Parking and Storage Areas are located within the Common Garage/Storage Building as shown and described on the Condominium Plan and this Declaration. The storage area within the Common Garage/Storage Building identified as “CA” on the Condominium Plan is reserved for the exclusive use by the Association and its agents and employees for storage and other purposes as determined by the Board as set forth in this Declaration. “Common Improvements” means and includes all Common Drainage Improvements, Common Utility Improvements, Common Septic System and other Improvements and facilities that are located, or that come to be located: (i) within the boundaries the Common Area (including the Exclusive Use Common Areas) as shown and described on the Parcel Map, the Condominium Plan and this Declaration; and (ii) within any Private Utility Easements as shown on the Parcel Map and Condominium Plan, or otherwise located within the boundaries of the Units, where such Improvements service or benefit any portion of the Common Area, or that service or benefit two or more Units and are not for the sole use and benefit of a single Unit. “Common Improvements” shall not include any Improvements located within the Private Utility Easements, or elsewhere within boundaries of the Units, where such Improvements service or benefit only a single Unit and the maintenance of which is the responsibility of the Owner of that Unit as provided in this Declaration. “Common Septic System” means the common septic system existing as of the date of this Declaration and all future repairs, replacements and reconstruction, which common septic system serves all three (3) Units and consists of a septic tank located within the boundaries of Unit 1, together with the pump, all intake, ejectment and other sanitary sewer lines and pipes located within the Common Area or within any Private Utility Easements or elsewhere within the Units. “Common Utility Improvements” means and includes: (i) all Utility Improvements (defined below) that are located, or that come to be located, anywhere on, under or within the Common Area (including the Exclusive Use Common Areas) as shown and described on the Parcel Map, Condominium Plan and this Declaration; (ii) the Common Septic System and all components thereof; and (iii) all other Utility Improvements located within the Private Utility Easements, or elsewhere within boundaries of the Units, as shown and described on the Parcel Map and the Condominium Plan, where such Improvements service or benefit any portion of the Common Area, or that service or benefit two or more Units and are not for the sole use and benefit of a single Unit. “Common Utility Improvements” shall not include any Utility Improvements located within the Private Utility Easements, or elsewhere within boundaries of the Units, where such Improvements service or benefit only a single Unit and the maintenance of which is the responsibility of the Owner of that Unit as provided in this Declaration. “Condominium” means an estate in real property, as defined in California Civil Code §§ 783 & 4125 consisting of an undivided interest in the Common Area, together with a separate interest in fee in a Unit, any exclusive easement(s) over or rights to use Exclusive Use Common Areas appurtenant to the Unit as described and/or shown on the Parcel Map, the Condominium Plan and in this Declaration, and the interests in other portions of the Project and in the Association described and/or shown on the Parcel Map, the Condominium Plan, this Declaration, the Articles, the Bylaws or in the deed conveying the Condominium. “Condominium Plan” means the Condominium Plan for Oak Creek Town Houses prepared to comply with the provisions of California Civil Code §4285 and recorded concurrently with this Declaration, and any subsequently recorded amendments thereto. “County” means the County of Marin, the county in which the Project is located. “Declarant” means Richardson Bay Land Co., a California corporation, and any successor or assign, if such successor or assign succeeds to or is assigned the rights of Declarant by operation of law or pursuant to the provisions of this Declaration, or if such successor or assign is a Mortgagee acquiring Declarant’s interest in the Project by foreclosure or deed in lieu of foreclosure. “Declaration” means this Declaration of Covenants, Conditions and Restrictions for Oak Creek Town FINAL PARCEL MAP SUBMITTAL; DRAFT 01-06-20 4 Houses, and any recorded amendments to it that are made pursuant Article XIV. It is intended that this Declaration shall be a “declaration” as defined in California Civil Code §4135, containing the information required by California Civil Code §§ 4250-55. “Drainage Channel” is defined in Section 2.16. “Drainage Improvements” means all storm water drains and pipes, drain structures, drain structure basins, drain structure filters, sub-drains, V-ditches, drainage outlets, drop inlets, catch basins, storm drain clean-outs, other drainage Improvements, facilities and features, storm water treatment Improvements, drainage Improvements associated with slope stabilization and erosion control measures, any unaccepted public drainage improvements, and any other drainage Improvements or features that are located, or that come to be located anywhere on, under or within the Project. “Electrical Power Easement” means the electrical power easements reserved in favor of the Common Area and the Units, and the Owners benefitted thereby, located on and encumbering those areas of the Units identified on the Parcel Map and Condominium Plan as “Electrical Power Easement” and further described on the Parcel Map, the Condominium Plan and in this Declaration. “Exclusive Use Common Areas” means those portions of the Common Area designated on the Condominium Plan as: “Exclusive Use Common Area – Parking” or “P” “Exclusive Use Common Area – Storage” or “S” Each Owner whose Unit number appears on the Exclusive Use Common Areas designated on the Condominium Plan shall have an exclusive easement and right to use such Exclusive Use Common Areas subject to the provisions of this Declaration and the other Governing Documents. Except as expressly provided in this Declaration, no other portion of the Project is an Exclusive Use Common Area. The Exclusive Use Common Areas are located wholly within the Common Garage/Storage Building. The elements and boundaries of each Exclusive Use Common Area are particularly described and shown on the Condominium Plan and in this Declaration. The boundaries of each Exclusive Use Common Area shall be the interior unfinished surfaces of the walls, floors and ceilings as shown on the Condominium Plan. Each Exclusive Use Common Area includes the air space encompassed within its boundaries and shall include all real property Improvements now located or hereafter constructed within the boundaries of the Exclusive Use Common Area (or that are recessed in the wall of the Exclusive Use Common Area and are accessible from the interior and which serve only that Exclusive Use Common Area), and that are not otherwise part of the Common Area as provided in this Declaration, including but not limited to the following: (i) sheet rock, paint and other interior finishes on the walls and ceilings within the interior of the Exclusive Use Common Area, and the finished floor surfaces of the Exclusive Use Common Area; (ii) doors, windows and skylights (if any) serving the Exclusive Use Common Area and all components thereof (including all appurtenant hardware and locks, glass, interior and exterior frames, screens, weather stripping and other components of the doors, windows and skylights); (iii) Utility Improvements located within the Exclusive Use Common Areas and that service only that Exclusive Use Common Area, and any Utility Improvements located within Common Area walls or ceilings that service only one Exclusive Use Common Area and are wholly accessible from the interior of that Exclusive Use Common Area; and (vi) any other fixtures and real property improvements within any Exclusive Use Common Area. “Gas Line Easement” means the gas line easements reserved in favor of the Common Area and the Units, and the Owners benefitted thereby, located on and encumbering those areas of the Units identified on the Parcel Map and Condominium Plan as “Gas Easement” and further described on the Parcel Map, the Condominium Plan and in this Declaration. “General Notice” means the method of general delivery of documents or notices by the Association as described in Section 15.3. “Governing Documents” means, collectively, this Declaration, the Articles, the Bylaws, and the Association Rules. FINAL PARCEL MAP SUBMITTAL; DRAFT 01-06-20 5 “Governmental Requirements” means all applicable federal, state and local laws, codes, rules, regulations, orders, ordinances, subdivision requirements, zoning restrictions, map conditions and other requirements of the Town and any other local governmental agency with jurisdiction over the Project. “Improvements” means everything constructed, installed or planted on the Property, including but not limited to, the three Residences located within the Units and all components thereof, the Common Garage/Storage Building and all components thereof, all driveways, walkways, parking areas, paving, fencing, walls, pipes, wires, grading, landscaping, irrigation and all other works of improvement as defined in California Civil Code §8050, excluding only those Improvements and portions thereof which are dedicated to the public or a public or quasi-public entity or utility company, and accepted for maintenance by the public or such entity or utility company. “Individual Notice” means the method of individual delivery of documents or notices by the Association as described in Section 15.3. “Member” means an Owner entitled to membership in the Association as provided in this Declaration. “Mortgage” means a mortgage, deed of trust, assignment of rents and other instruments given as security by an Owner for the payment of a loan or other financing and which encumbers a Condominium. “Mortgagee” means either a mortgagee under a mortgage or the beneficiary under a deed of trust and any holder, governmental guarantor, or insurer of a Mortgage. An “institutional” Mortgagee is a Mortgagee that is a bank, savings and loan association, mortgage company, credit union or other entity chartered or licensed under federal or state laws whose principal business is lending money on the security of real property or investing in such loans, or any insurance company or pension or profit sharing trust, or any federal or state agency or instrumentality, including without limitation, the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Federal Housing Administration and the Veterans Administration, or any purchaser of a Mortgage originated by an institutional Mortgagee. Unless the Association is otherwise notified in writing, any third party servicer of a Mortgage having written authority to act on behalf of and to bind the Mortgagee shall be deemed to be the Mortgagee for purposes of requesting and giving required notices, consents or approvals under this Declaration. A “first” Mortgage or “first” Mortgagee is one having priority as to all other Mortgages or holders of Mortgages encumbering the same Unit or other portions of the Project. “Mortgagor” means an Owner who encumbers such Owner’s Condominium with a Mortgage, including without limitation, the trustor under a deed of trust. “Open Space Area” is defined in Section 2.14. “Open Space Easement” is defined in Section 2.14. “Owner” means each Person or entity holding a record ownership interest in a Condominium, including Declarant, and, subject to the provisions of this Declaration, contract purchasers under recorded contracts of sale. “Owner” also means “Member” whenever the context relates to an Owner as a Member of the Association. “Owner” shall not include persons or entities that hold an interest in a Condominium merely as security for the performance of an obligation, nor shall it include a lessee or tenant holding a possessory interest. “Parcel Map” means the Parcel Map for the Property referenced in Recital A of this Declaration. “Party Fence” means any fences and portions thereof that are located or that may become located on the common boundary of two (2) or more Units, or the common boundary of a Unit and the Common Area. “Pedestrian Passage Easement” is defined in Section 2.15. “Person” means a natural person, corporation, partnership, limited liability company, trustee or other legal entity. “Private Utility Easements” means, collectively, the private Storm Drain Easements, Sanitary Sewer Easements, Electrical Power Easements, Water Line Easements, and Gas Line Easements reserved in favor of the Common Area and the Units, and the Owners benefitted thereby, located on and encumbering those areas of the Units identified on the Parcel Map and Condominium Plan as “Storm Drain Easement”, “Sanitary Sewer Easement”, “Electrical Power Easement”, “Water Line Easement”, and “Gas Line Easement” and further described on the Parcel Map, the Condominium Plan and in this Declaration. “Project” means the entire Property together with all Improvements located or to become located thereon, as the Property has been subdivided into Condominiums by recordation of the Parcel Map and the Condominium FINAL PARCEL MAP SUBMITTAL; DRAFT 01-06-20 6 Plan, and made subject to this Declaration. “Property” means the real property described in Recital A, and includes all the Units and the Common Areas, and all Improvements located or that come to be located, on, under or within the Property or within any easements owned or other rights held by the Association or the Owners. “Property Site Map” means the site map for the Property attached hereto as Exhibit A. “Public Drainage Easement” is defined in Section 2.16. “Regular Assessment” means an Assessment levied against an Owner and such Owner’s Unit in accordance with Section 7.4. “Reimbursement Assessment” means an Assessment levied against an Owner and such Owner’s Unit in accordance with Section 7.8. “Residence” means the residential dwelling located on and within the boundaries of each Unit and any accessory structures. “Sanitary Sewer Easement” means the sanitary sewer easements reserved in favor of the Common Area and the Units, and the Owners benefitted thereby, located on and encumbering those areas of the Units identified on the Parcel Map and Condominium Plan as “Sanitary Sewer Easement” and further described on the Parcel Map, the Condominium Plan and in this Declaration. “Special Assessment” means an Assessment levied against an Owner and such Owner’s Unit in accordance with Section 7.7. “Storm Drain Easement” means the storm drain easements reserved in favor of the Common Area and the Units, and the Owners benefitted thereby, located on and encumbering those areas of the Units identified on the Parcel Map and the Condominium Plan as “Storm Drain Easement” and further described on the Parcel Map, the Condominium Plan and in this Declaration. “Town” means the Town of Tiburon, the town in which the Project is located. “Unit” or “Condominium Unit” means a separate interest in space as defined in California Civil Code §4185 and includes the spatial elements of a Condominium that are not owned in common with the other Owners of Condominiums. “Unit 1”, “Unit 2” and “Unit 3” and their respective elements and boundaries, are particularly described and shown on the Parcel Map, the Condominium Plan, in this Declaration and in the deeds conveying the Condominiums to Owners. Each Unit includes the air space, earth, water and improvements contained within the lateral boundaries shown on the Condominium Plan, and with upper and lower limits that extend for an indefinite distance upwards and downwards. Without limiting the foregoing, each Unit includes the land within its boundaries, the Residence constructed on the land, the yard and exterior areas, and all structures, landscaping and other Improvements now located or hereafter constructed within the boundaries of the Unit, and that are not otherwise Common Improvements as provided in this Declaration. Units shall be subject to the easements, servitudes or rights in favor of Declarant, the Owners, the Association, the Town, any municipal corporation or special district, public utility companies or other persons, entities or governmental agencies as shown or described on the Parcel Map, the Condominium Plan, this Declaration or as specifically granted or reserved in a deed conveying a Condominium or in an instrument creating such easement, servitude or right. Whenever reference is made to a Unit in this Declaration, in the Condominium Plan, in any deed or elsewhere, it shall be assumed that such reference is made to the Unit as a whole, including all of its component elements. “Utility Improvements” means above-surface and subsurface pipes, conduits, lines, wires, tanks, pumps, motors, ducts, chutes, ducts, utility meters, and other utility installations and components or extensions thereof, that are located, or that may become located, on, under or within the Project to provide electricity, gas, water, sewer, telephone, communications and data transmission and other utility services to the Project, including the Common Areas and the Units or any portions thereof. “Water Line Easement” means the water line easements reserved in favor of the Common Area and the Units, and the Owners benefitted thereby, located on and encumbering those areas of the Units identified on the Parcel Map and Condominium Plan as “Water Line Easement” and further described on the Parcel Map, the Condominium Plan and in this Declaration. ARTICLE II FINAL PARCEL MAP SUBMITTAL; DRAFT 01-06-20 7 OWNERSHIP, EASEMENTS AND RIGHTS 2.1 Description of Project. The Project is a condominium project within the meaning of California Civil Code §4125 consisting of three (3) residential Condominium Units, identified on the Condominium Plan as “Unit 1,” “Unit 2” and “Unit 3”, together with the Common Areas identified and described on the Condominium Plan and in this Declaration. 2.2 Condominium Ownership. Ownership of each Condominium within the Project includes a fee interest in a Unit, the boundaries and components of which are described and shown on the Parcel Map, the Condominium Plan and in this Declaration, together with an appurtenant one-third (1/3) undivided interest in the Common Area and Common Improvements. Ownership of each Condominium shall also include any exclusive easement(s) over or rights to use Exclusive Use Common Areas appurtenant to the Unit as described and shown on the Condominium Plan and in this Declaration, and any other exclusive or non-exclusive easements, servitudes, rights of use or other interests appurtenant to such Unit over the Common Area or other Units as described and/or shown on the Parcel Map, the Condominium Plan, this Declaration or in the deed to the Condominium. Each Owner shall also be a Member of the Association. Each Owner shall have and enjoy all the rights and shall be subject to all the duties and obligations of an Owner under this Declaration and the other Governing Documents. 2.3 Common Area. The Common Areas consist of the entire Project and all Improvements within the Project, except the Units and all Improvements within the boundaries or part of the Units that are not otherwise identified herein as Common Improvements. Each Owner shall have, appurtenant to such Owner’s Unit, a one-third (1/3) undivided ownership interest in the Common Area and Common Improvements. 2.4 Non-Severability; Partition Prohibited. The interest of each Owner in the use and benefit of the Common Area, including any Exclusive Use Common Areas benefiting such Owner’s Unit, shall be appurtenant to the Unit owned by the Owner. An Owner shall not be entitled to sever the Owner’s Unit from the Owner’s Membership in the Association, and shall not be entitled to sever the Owner’s Unit or Association Membership from the Owner’s undivided interest in the Common Area or any Exclusive Use Common Area for any purpose. None of the component interests in a Condominium can be severally sold, conveyed, encumbered, hypothecated or otherwise dealt with, and any attempt to do so shall be void. Nothing contained in this Section 2.4, however, shall preclude the Owner of any Condominium from limiting the duration of the enjoyment of the Owner’s Condominium estate, such as by creating an estate for life or an estate for years, or from creating a co-tenancy or joint tenancy in the ownership of the Condominium with any other Persons. Except as provided in California Civil Code §4610 or in this Declaration, no Owner shall have the right to partition such Owner’s interest in a Condominium and there shall be no judicial partition of the Project, or any part thereof, it being agreed that this restriction is necessary in order to preserve the rights of the Owners with respect to the operation and management of the Project. Except as provided above, each Owner and the successors of each Owner, whether by deed, gift, devise, or by operation of law, for their own benefit and for the Condominiums and for the benefit of all other Owners, specifically waive and abandon all rights, interests and causes of action for a judicial partition of the tenancy in common ownership of the Project and do further covenant that no action for such judicial partition shall be instituted, prosecuted, or reduced to judgment. Judicial partition by sale of a single Condominium owned by two (2) or more Persons and division of the sale proceeds is not prohibited hereby, but partition of title to a single Condominium is prohibited. 2.5 Easements and Rights of Use - Generally. The easements and rights described, granted or reserved in this Article II or elsewhere in this Declaration shall be established upon the recordation of this Declaration, or upon the recordation of an instrument granting, reserving or creating any such easements and rights as authorized pursuant to this Declaration. All such easements and rights shall be enforceable as equitable servitudes and covenants running with the land for the use and benefit of the Association, the Owners, the Common Areas and the Units. The easements and rights specified in this Article II or elsewhere in this Declaration are hereby created and shall exist whether or not they are also set forth in the individual deeds to the Condominiums. Each deed to a Condominium shall be deemed to be conveyed with the benefit of and subject to all applicable easements set forth in this Article II or elsewhere in this Declaration. An Owner shall not be entitled to sever any easement or right appurtenant to the Owner’s Condominium from the Owner’s Condominium and any attempt to do so shall be void. 2.6 Owners Nonexclusive Easements Over Common Area. Every Owner shall have, appurtenant to FINAL PARCEL MAP SUBMITTAL; DRAFT 01-06-20 8 such Owner’s Unit, a nonexclusive easement and right of use, ingress, egress and support in, to and throughout the Common Area and any Common Improvements; provided, however, such nonexclusive easements and rights shall be subordinate to and shall not apply to nor interfere with the Owners’ rights to use and enjoy such Owner’s Exclusive Use Common Areas. Every Owner shall also have the unrestricted right of ingress and egress to the Owner’s Unit. Such nonexclusive easements and rights shall be appurtenant to each Owner’s Condominium, shall pass with the title to the Condominium, and shall be subject to the rights and restrictions set forth in the Governing Documents, including but not limited to, the following: (i) Any restrictions on access and use of the Common Areas (including Exclusive Use Common Areas) contained in this Declaration, including without limitation, the restrictions contained in Article III of this Declaration. (ii) The right of the Association to manage the use of the Common Areas (including Exclusive Use Common Areas) and to adopt and enforce Association Rules as provided herein regulating the use and enjoyment of the Project for the benefit of all the Owners in common. (iii) The right of the Association to reasonably limit the number of guests and invitees of the Units, and to adopt and enforce Association Rules with respect to the use of the Common Areas and Exclusive Use Common Areas by guests and invitees. (iv) The right of the Association to control use of or access to any slope or retaining walls within the Common Area. (v) The right of the Association to consent to or otherwise cause the construction of additional Improvements within the Common Area and to consent to or otherwise cause the alteration or removal of any existing Improvements within the Common Area, including the right to deny access to portions of the Common Area during periods of construction, alteration or removal of Improvements within the Common Area. (vi) The right of the Association to borrow money to improve, repair or maintain the Common Area or any Common Improvements. (vii) All other covenants, conditions and restrictions and the rights of the Association and the Owners as set forth in other Governing Documents or pursuant to any applicable Governmental Requirements. (viii) The rights, easements, covenants, conditions, servitudes and restrictions: (A) reserved to Declarant and to other Owners in this Declaration or in any recorded instrument or agreement; (B) dedicated to the Town, the County or any municipality or special district or other interested party on the Parcel Map or by separate recorded instrument or agreement; or (C) granted or reserved to any other Person in any recorded instrument or agreement affecting the Project and recorded prior to the date of recordation of this Declaration. 2.7 Association Right and Easement for Performance of Duties. The Association and its duly authorized agents and representatives shall have a nonexclusive right and easement to enter the Common Area, Exclusive Use Common Areas, or any Unit as is necessary to perform the duties and obligations of the Association set forth in this Declaration and the other Governing Documents. Entry into a Unit or Exclusive Use Common Area shall be at reasonable times with no less than three (3) days prior notice to the Owner, provided that the right to enter shall be immediate in case of an emergency, whether or not the Owner is present. Entry and any related activities shall be made with as little inconvenience as practicable to the Owner and any damage caused by such entry shall be repaired by the Association. 2.8 Association Right and Easement to Cure Violations. The Association or its duly authorized agents and representatives shall have a nonexclusive right and easement to enter any Unit or Exclusive Use Common Area to cure any violation or breach of the Governing Documents, provided that the Association has complied with the notice and hearing requirements set forth in Article IX and the Owner has not acted to cure such violation or breach, except that the right of entry shall be immediate in the case of an emergency, whether or not the Owner is present. Entry and any related activities shall be made with as little inconvenience as practicable to the Owner and any damage caused by such entry shall be repaired by the Association. The Association shall be entitled to recover from such Owner its costs of affecting such cure hereunder, unless the damage was caused by the negligence or willful misconduct of the Association. 2.9 Exclusive Use Common Areas. Each Owner shall have a nonexclusive easement and right of use FINAL PARCEL MAP SUBMITTAL; DRAFT 01-06-20 9 appurtenant to such Owner’s Condominium over the following Exclusive Use Common Areas bearing such Owner’s Unit number: (a) Parking. The parking spaces designated on the Condominium Plan as “Exclusive Use Common Area – Parking” or “P1”, “P2” and “P3” located within the Common Parking/Garage Building and for the benefit of each Unit. The Association shall have exclusive use of the fourth parking space located within the Common Parking/Garage Building as shown on the Condominium Plan for storage and other purposes as determined by the Board. (b) Storage. The storage areas designated on the Condominium Plan as “Exclusive Use Common Area – Storage” or “S1”, “S2” and “S3” located within the Common Parking/Garage Building and for the benefit of each Unit. The Association shall have exclusive use of the fourth storage space within the Common Parking/Garage Building (identified as “CA” on the Condominium Plan) for storage and other purposes as determined by the Board. Use of the Exclusive Use Common Areas by the Owners of the Units and their respective family members, agents, guests and invitees, shall be limited to those uses permitted under Section 3.3 or elsewhere in this Declaration. 2.10 Private Utilities Easements. The Association, its officers, agents, employees and representatives, and any contractor selected by the Association, shall have, and are hereby granted, a non-exclusive right and easement on and over those portions of the Units identified on the Parcel Map and Condominium Plan as “Storm Drain Easement”, “Sanitary Sewer Easement”, “Electrical Power Easement”, “Water Line Easement”, and “Gas Line Easement” (collectively “Private Utility Easements”) for purposes of accessing, installing, maintaining, repairing, and replacing utilities improvements (including storm drain, sanitary sewer, electrical, water and gas utilities) that are Common Improvements for which the Association is responsible for maintenance and repair as provided in Article IV. In addition, each Unit, and the Owners thereof, shall have, and are hereby granted, a non-exclusive right and easement on and over those portions of the other Units identified on the Parcel Map and Condominium Plan as “Storm Drain Easement”, “Sanitary Sewer Easement”, “Electrical Power Easement”, “Water Line Easement”, and “Gas Line Easement” (collectively “Private Utility Easements”) that are specifically designated on the Parcel Map and/or the Condominium Plan to be for the benefit of such Unit and the Owners thereof, or that otherwise benefit from or contain utilities improvements that benefit such Units, for the purposes of accessing, installing, maintaining, repairing and replacing utilities improvements benefitting such Unit and for which the Owner of such benefitted Unit is responsible for maintenance and repair as provided in Article IV. 2.11 Intentionally Deleted. 2.12 Party Fences. Each Owner of a Unit with a Party Fence shall have, and is hereby granted, a reciprocal non-exclusive easement and right of entry over and across such portion of the contiguous Unit as reasonably necessary to maintain, repair or replace the Party Fence in accordance with Section 4.5 or other provisions of this Declaration and the Governing Documents. Such entry shall be at reasonable times after prior notice given and subject to the provisions of Section 2.21. 2.13 Encroachments. If any portion of the Common Area or Common Improvements encroaches on any Unit, or if any portion of a Unit encroaches on the Common Area or any other Unit, whether such encroachment is due to engineering errors, errors in original construction, accretion, erosion, movement, settlement, shifting or subsidence of any building, structure or other Improvement or portion thereof, or any other cause, a valid easement and right of use shall exist for such encroachment and for the maintenance of it as long as it remains, or for its replacement as originally constructed, and all Units and the Common Area are made subject to such rights of use. If any structure is partially or totally destroyed and then rebuilt and any encroachment on the Common Area or any Unit results, a valid easement and right of use exists for such encroachment and for the maintenance of it as long as it remains, and all Units and the Common Areas are made subject to such rights of use. Notwithstanding the foregoing, in no event shall a valid easement or right of use exist in favor of an Owner if the encroachment occurred due to the negligence or willful misconduct of an Owner or the noncompliance with any provision of the Governing Documents or Governmental Requirements. 2.14 Open Space Easement. That portion of the Common Area identified as “Open Space” as shown and described on the Parcel Map and the Condominium Plan (the “Open Space Area”), and the Association and each Owner, as the case may be, are subject to the terms and provisions set forth in that certain Grant Deed for Open Space, Recreational and Pedestrian Passage Purposes, granted to and accepted by the Town of Tiburon, and recorded in the Official Records of the County of Marin on January 21, 1975 as Instrument No 2186, Book FINAL PARCEL MAP SUBMITTAL; DRAFT 01-06-20 10 2862, Pages 372-376 (the “Open Space Easement”). 2.15 Pedestrian Passage Easement. Those portions of portions of Units 1, 2 and 3, and the Association and each Owner, as the case may be, are subject to the terms and provisions set forth in that certain Grant Deed for Pedestrian Passage Easement, granted to and accepted by the Town of Tiburon, and recorded in the Official Records of the County of Marin on January 21, 1975 as Instrument No 2185, Book 2862, Pages 369-371 (the “Pedestrian Passage Easement”). 2.16 Public Drainage Easement. The Common Area and each Unit, and the Association and each Owner, as the case may be, are subject to the terms and provisions set forth in that certain Agreement Regarding Stormwater Runoff Relief and Grant of Easement, granted to and accepted by the Town of Tiburon, and recorded in the Official Records of the County of Marin on July 17, 2014 as Instrument No. 2014-0027847 (the “Public Drainage Easement”). The Public Drainage Easement covers the existing drainage channel and associated Improvements (the “Drainage Channel”) located on those portions of Units 1, 2 and 3, and the Common Area, as more particularly described in the Public Drainage Easement and shown and described on the Parcel Map, Condominium Plan and this Declaration. 2.17 Easements and Dedications Shown on Parcel Map. The Common Area and each Unit, and the Association and each Owner, as the case may be, is declared to be subject to all easements, dedications and rights-of-way granted or reserved in, on, over and under the Common Area and each Unit as shown on the Parcel Map. 2.18 Existing Easements. This Declaration, the Common Areas and the Association, and each Condominium and the Owners thereof, as the case may be, shall be subject to all easements, dedications and rights-of-way existing as of the date of this Declaration granted or reserved in, on, over and under the Project. 2.19 Rights of Entry. Except as otherwise provided herein, each Owner and such Owner’s agents and representatives, in exercising such Owner’s right to enter upon another Unit to the extent provided in this Declaration, shall do so at reasonable times with no less than five (5) business days prior notice to the Owner of the other Unit, except that the right to enter a Unit shall be immediate in case of an emergency originating upon any Unit, or threatening any Unit or the Owners, whether or not the Owner is present. Such entry and any related activities shall be made with as little inconvenience as possible to the Owner of the other Unit and any damage caused by such entry shall be repaired by the Owner making such entry and conducting such related activities. 2.20 Authority Over Common Area. The Board shall have the power and the right in the name of the Association and all of the Owners as their attorney-in-fact to grant, convey, or otherwise transfer to any Owner or any other Person fee title, easements, leasehold estates, exclusive use easements or rights, licenses, lot-line adjustments, rights-of-way, or dedications in, on, over, or under the Common Area or other property interests owned by the Association in order to: (i) construct, erect, operate, maintain, or replace lines, cables, wires, conduits, or other devices for electricity, cable television, internet services, fiber optics, telecommunication equipment, power, telephone and other purposes, public sewers, storm water drains and pipes, water systems, sprinkling systems, water, heating and gas lines or pipes and any similar public or quasi-public Improvements or facilities; (ii) accommodate any encroachment that in the sole discretion of the Board does not unreasonably interfere with the use and enjoyment of the Common Area; or (iii) accomplish any other purpose the Board determines is in the interest of the Association and the Owners and does not unreasonably interfere with the use and enjoyment of the Common Area or the Units. Each Owner in accepting a deed to a Condominium expressly consents to such action and authorizes and appoints the Association as attorney-in-fact of such Owner to execute and deliver all documents and interests to accomplish the action. Notwithstanding anything herein to the contrary, in no event shall the Board take any action authorized hereunder in violation of any applicable Governmental Requirements, or that would permanently and unreasonably interfere with the use, occupancy, and enjoyment by any Owner of his or her Unit or any Exclusive Use Common Area appurtenant to such Owner’s Unit without the prior written consent of that Owner. Furthermore, the conveyance of fee title to any portion of the Common Area as authorized in this Section shall require the consent of all of the Owners and such consent of the Mortgagees as may be required as set forth in this Declaration. 2.21 Delegation of Use; Contract Purchasers; Tenants. (a) Each Owner may delegate the Owner’s rights of use and enjoyment in the Project to the members of the Owner’s family, guests and invitees, and to such other persons as may be permitted by the Bylaws and the Association Rules, subject, in all instances, to compliance by such delegatee with the provisions of this Declaration, the Bylaws and the Association Rules. FINAL PARCEL MAP SUBMITTAL; DRAFT 01-06-20 11 (b) If an Owner has sold the Owner’s Condominium to a contract purchaser or rented it to a tenant, the Owner, members of the Owner’s family, and the Owner’s guests and invitees shall not be entitled to the rights of use and enjoyment in the Project while possession of the Owner’s Unit is held by such contract purchaser or tenant, unless the Owner resides in or occupies another Unit in the Project. Rather, the contract purchaser or tenant, while in possession of such Unit, shall be entitled to use and enjoyment of the Project and can delegate the rights of use and enjoyment in the same manner as if the contract purchaser or tenant were an Owner during the period of the contract purchaser’s or tenant’s possession. (c) Each Owner shall notify the secretary of the Association in writing of the names of any contract purchasers or tenants of the Owner’s Condominium. Each Owner, contract purchaser or tenant shall also notify the secretary of the Association in writing of the names of all persons to whom such Owner, contract purchaser or tenant has delegated any rights of use and enjoyment in the Project and the relationship that each such person bears to the Owner, contract purchaser or tenant. (d) Any delegated rights of use and enjoyment are subject to suspension by the Association to the same extent as are the rights of Owners. No delegation of rights of use and enjoyment by an Owner shall relieve an Owner from liability to the Association or to other Owners for payment of Assessments or other monetary obligations to the Association or performance of the covenants, conditions and restrictions contained in this Declaration. (e) Any lease, rental agreement or contract of sale entered into between an Owner and a lessee, tenant or contract purchaser of a Condominium shall be subject to, and shall require performance by the lessee, tenant or contract purchaser of, all the provisions of this Declaration, the Articles, Bylaws and Association Rules, which provisions shall be for the express benefit of the Association and each Owner. The Association and each Owner shall have a right of action directly against any lessee, tenant or contract purchaser of an Owner, as well as against the Owner, for non-performance or violation of any of the provisions of this Declaration to the same extent that such right of action exists against such Owner. ARTICLE III USE RESTRICTIONS 3.1. Residential Use. Use and occupancy of each of the Units is hereby restricted to residential purposes, except that the Units may be used as a combined residence and executive or professional office by the Owner or occupant thereof, provided such use is in full compliance with all local ordinances and other Governmental Requirements, and does not unreasonably and materially interfere with the other Owners’ quiet enjoyment of their Units or the Common Areas. Except as provided in this Section 3.1 or elsewhere in this Declaration, no part of the Project shall be used or caused, allowed or authorized to be used in any way, directly or indirectly, for any business, commercial, manufacturing, mercantile, storage, vending or other such non-residential purpose. 3.2. Leasing. (a) An Owner may lease or rent the Owner’s Condominium provided all of the following conditions are satisfied: (i) Such lease or rental complies with the provisions set forth in Section 2.21 or elsewhere in this Declaration or other Governing Documents. (ii) The lease or rental agreement must be in writing and may not be for a period or lease term less than 120 days. (iii) The lease or rental agreement must be for the entire Unit or may be for a portion of the Unit so long as the Owner remains in occupancy. (iv) The Owner shall notify the secretary of the Association in writing of the names of any tenants occupying such Owner’s Condominium, and the address and telephone number where such Owner can be contacted. (b) Whether or not expressly set forth in the lease or rental agreement, the lease or rental agreement shall be subject to all provisions contained in this Declaration and the other Governing Documents, and any failure by the tenant or any occupant to comply with the provisions thereof shall be a default under the lease or rental agreement. (c) In the event of any failure by the tenant or any occupant to comply with the provisions FINAL PARCEL MAP SUBMITTAL; DRAFT 01-06-20 12 this Declaration or other Governing Documents, the Owner shall immediately take all actions to cure the violation, including without limitation, institution of legal proceedings in unlawful detainer to evict the tenant. Failure by an Owner to cure the violation or commence legal action within ten (10) days after receipt of written demand from the Association to do so, shall entitle the Association to pursue any and all remedies against the tenant that it may take against a defaulting Owner. The Association shall be entitled to recover from the Owner all costs and expenses incurred by the Association, including reasonable attorneys’ fees and costs. If the Owner fails to pay such costs and expenses within thirty (30) days following written demand, the Association may levy a Reimbursement Assessment against the Owner’s Condominium to recover the costs and expenses. 3.3 Use of Common Area. Use of the Common Area shall be subject to all the provisions contained in this Declaration, the Association Rules and the other Governing Documents. The Common Areas and Common Improvements may be used for such purposes as originally designed and intended, and such other uses as permitted under this Declaration, the Association Rules and the other Governing Documents. Without limiting the generality of the foregoing: (a) No Alterations or Modification of Common Areas. Except as may be permitted by this Declaration or the Association Rules, no Owner shall do any of the following without the prior written approval of the Board: (i) perform or make any Alterations or install or otherwise place any Improvements within any Common Areas, including any Exclusive Use Common Areas; (ii) affix or otherwise place any personal property, or any other objects of any kind within the Common Areas, including any Exclusive Use Common Areas; or (iii) otherwise remove, modify, repair, replace, alter or affect the appearance or location of, or injure in any way any portion of the Common Area or any Common Improvements, including any Exclusive Use Common Areas. (b) Access by Association. The Association and its authorized agents, employees or representatives may access any Common Areas, including Exclusive Use Common Areas, as may be necessary to perform the Association’s duties and obligations, or to exercise the powers and authorities of the Association, as set forth in this Declaration and the other Governing Documents. (c) Sidewalks and Driveway. Use of the sidewalk areas within the Common Area shall be limited to pedestrian ingress and egress. Use of the driveway areas within the Common Area shall be limited to vehicular and pedestrian ingress and egress, and shall be subject to the limitations and provisions set forth in Section 3.4 or elsewhere in this Declaration or Association Rules. No other uses shall be permitted except as set forth in this Declaration or the Association Rules or as otherwise authorized by the Board. The driveway and walkway areas shall remain unobstructed at all times and no Improvements, personal property, or other items may be placed, stored or maintained within the driveway and walkway areas at any time except as authorized by the Board or Association Rules. Parking shall be permitted only within the Exclusive Use Parking Areas or as otherwise authorized by the Board or Association Rules. No parking shall be permitted within the driveway area or elsewhere within the Common Area except as provided in Section 3.4. The Association shall at all times maintain the Common Area driveway in good condition and repair, and shall ensure that the Common Area driveway remains unobstructed so as to allow access at all times by the Tiburon Fire Department. (d) Parking Areas – Exclusive Use Common Areas. The Owner and occupants of each Unit and their respective family members, guests and invitees, may use the parking spaces designated on the Condominium Plan as “Exclusive Use Common Area – Parking” or “P” and bearing such Owner’s Unit number (“P1”, “P2” and “P3,” respectively). Such Exclusive Use Parking Areas are located within the Common Garage/Storage Building and may be used for parking of conventional passenger vehicles only and shall comply with the provisions of Section 3.4. No improvements or alterations may be made to any Exclusive Use Parking Areas and no personal property or other items may be placed, stored or maintained in any Exclusive Use Parking Areas at any time unless approved in advance by the Board or permitted under Association Rules. (e) Storage Areas – Exclusive Use Common Areas. The Owner and occupants of the Units may use the enclosed storage areas designated on the Condominium Plan as “Exclusive Use Common Area – Storage” or “S” and bearing such Owner’s Unit number (“S-1”, “S-2” and “S-3” respectively) for purposes of storage of the Owner’s and occupant’s trash and recycling receptacles and for storage of personal property. No other use of the Storage Areas shall be permitted except as may be authorized by the Board or the Association Rules. In no event shall an Owner store or otherwise place any combustible or other hazardous materials or substances within such Owner’s Storage Areas. (f) Association Storage Area. The Association and its agents, representatives and employees shall have exclusive use of the storage area located within the Common Garage/Storage Building (identified as “CA” on the Condominium Plan) for storage purposes related to Association activities, and such FINAL PARCEL MAP SUBMITTAL; DRAFT 01-06-20 13 other uses by the Association and its agents, representatives and employees as determined by the Board. (g) Landscaping. The landscape areas within the Common Area, including any trees, shrubs, plants or other landscaping and irrigation improvements located within or servicing such landscape areas, shall be maintained for landscaping purposes in accordance with the provisions set forth in Article IV and elsewhere in this Declaration. (h) Open Space Area. The Open Space Area is subject to the provisions and restrictions set forth in the Open Space Easement, including but not limited to, the requirement that no Improvements shall be constructed or maintained within the Open Space Area except as otherwise provided in the Open Space Easement. (i) Open Space Defensible Space Management. The Association and the Owners shall maintain the Common Areas, including the Open Space Area, and the Units in compliance with the Town’s defensible space management requirements. The Association shall also maintain any common fire protection water supplies, should any such water supplies be developed on the Project. (j) Violations. In the event of a violation of this Section, and the responsible Owner fails to remedy the violation within a reasonable time as determined by the Board, the Association shall take all action necessary to remedy the violation and, in addition to the remedies provided for in this Declaration or by law, the Owner shall be liable to the Association, and the Association shall levy a Reimbursement Assessment against the Owner’s Unit, for all costs and expenses incurred by the Association to remedy the violation. 3.4 Pedestrian Passage Easement. Units 1, 2 and 3 are subject to, and shall not be used in a manner that does not comply with, the provisions and restrictions set forth in the Pedestrian Passage Easement. 3.5 Drainage Channel. The Drainage Channel (defined in Section 2.16) located on portions of the Common Area and portions of each Unit, is subject to terms and provisions set forth in the Public Drainage Easement, including but not limited to, the obligation of the Owners for the ongoing maintenance and repair of the Drainage Channel. The Association shall be responsible for such ongoing maintenance and repair of the Drainage Channel and associated Improvements as provided in Section 4.1 3.6 Parking and Vehicle Restrictions. (a) As used in this Declaration, (i) “conventional passenger vehicles” means family sedans, compacts, subcompacts, sport utility vehicles, passenger vans, station wagons, pick-up trucks without shells extending above the cab level beyond one (1) foot, motorcycles, motor scooters and mopeds; (ii) “commercial vehicles” means trucks of greater than one (1) ton capacity and/or any vehicles with a sign displayed on any part thereof advertising any kind of business, or with a body type normally employed as a business vehicle whether or not a sign is displayed on any part thereof; and (iii) “recreational vehicles or equipment” means trailers, boats, campers, trailer coaches, buses, house cars, camp cars, motor homes (if a size larger than seven (7) feet in height and/or greater than one hundred twenty-four (124) inches in wheel base length), all-terrain vehicles, go-carts or and any other similar vehicles or equipment. (b) In addition to the Exclusive Use Parking Areas described above, as of the date of this Declaration, each Unit has two additional designated parking spaces located on the Units as shown on the Property Site Map attached hereto as Exhibit A. (c) The Owner’s Exclusive Use Parking Area, and at least one of the two additional parking spaces on the Units as shown on the Property Site Map attached hereto as Exhibit A, shall at all times be maintained and available for parking purposes only. (d) Conventional passenger vehicles may be parked only within designated parking spaces and garages within each Owner’s Unit or within each of the Owner’s Exclusive Use Parking Area. Unless otherwise authorized by the Board or the Association Rules, no other parking, storage or placement of any vehicles or equipment shall be permitted at any time in any other locations within the Common Area driveway or elsewhere within the Common Area, except that temporary parking by commercial vehicles for the purpose of loading or making deliveries or performing services shall be permitted in accordance with applicable Association Rules and in a manner that does not unreasonable interfere with any Owner’s access to their Unit or their use of the Common Area driveway or Exclusive Use Parking Areas. The Association may post “No Parking” signs or other markings on the driveways and other areas that are not designated parking areas. (e) No conventional passenger, recreational or commercial vehicles or equipment or any other motorized vehicles or equipment may be dismantled, rebuilt, repaired, serviced or repainted within the FINAL PARCEL MAP SUBMITTAL; DRAFT 01-06-20 14 Project. (f) The Board may adopt additional reasonable rules and regulations governing the parking, storage and use of vehicles and equipment within the Project. 3.7 Trash Disposal. Trash, garbage, other waste and recycling materials from each Unit shall be kept only in appropriate and customary sanitary containers within designated garbage and waste areas, and shall be regularly collected. Each Owner shall be responsible for acquiring and providing for garbage and recycling collection services for such Owner’s Unit. Except on the scheduled day for trash pickup, all trash, garbage, waste and recycling receptacles shall be located only within designated garbage and waste areas. Except as otherwise provided herein, no rubbish, trash, garbage, debris or recycling materials of any kind shall be placed or permitted to remain within or adjacent to any Unit or any Exclusive Use Common Area, or within any portion of the Common Area, and no odors shall be permitted to arise or emit therefrom, so as to render any such Unit, the Common Area, any Exclusive Use Common Area, or any portion thereof, or activity thereon, unsanitary, unsightly, offensive or detrimental to any other Unit or the Common Area in the vicinity thereof or to the occupants of such other Units. The dumping, disposal, discharge or other placement of yard waste, debris, trash or any other materials in or on any portion of the Common Area is strictly prohibited. 3.8 Animals. No animals shall be kept within any Unit or elsewhere within the Project, except that domesticated dogs, cats, birds and other usual and customary types of urban household pets may be reasonably kept within the Units, subject to the following: (a) There shall be no more than two (2) dogs and/or cats kept in any one Unit, except that Association Rules adopted by the Board in its reasonable discretion may further restrict, allow or regulate pets. The Board may prohibit the keeping of any pet or other animal that the Board determines constitutes a nuisance to any other Owner, occupant or Unit, and any decision rendered by the Board shall be enforceable as other restrictions contained herein. (b) All animals authorized under this Section shall be confined and may not be kept, bred or raised for commercial purposes. No pets or other animals shall be permitted upon the Common Area except as permitted by Association Rules. No dogs shall enter the Common Area except on a leash held by a person capable of controlling the dog. Owners shall be responsible for the immediate removal and disposal of animal wastes deposited by their animals in any location within the Project. No pet or other animal shall be left chained or otherwise tethered outdoors. Unless approved by the Board, no structures or other equipment for the care, housing or confinement of any pet shall be maintained within any Common Area, any Exclusive Use Common Areas, or within any Unit so as to be visible from any other Unit or the Common Area. (c) No household pets may be kept, raised or maintained on or within any Unit in such numbers or under such circumstances which: (i) violate any Governmental Requirements; (ii) constitutes an unreasonable annoyance, nuisance or safety hazard to Owners or other persons, or an unreasonable interference with the comfortable and quiet use, occupancy and enjoyment of the other Units or the Common Area, as determined in the good faith judgment of the Board; or (iii) otherwise violates any provision of this Declaration, the Association Rules or other Governing Documents. In furtherance of the foregoing, no such household pet shall be permitted to make an unreasonable amount of noise, disturb the peace or otherwise become an annoyance or nuisance. (d) Any Owner or occupant of a Unit bringing, keeping or permitting another person to bring or keep a pet or other animal upon the Project shall be solely responsible for the conduct of the animal and shall be liable to the Association and the other Owners and occupants and their respective family members, guests, invitees, agents, employees and representatives for any damage to persons or property proximately caused by the pet or other animal brought upon or kept upon the Project. The Association, its directors, officers, employees and agents shall have no liability (whether by virtue of this Declaration or otherwise) to any Owners, occupants or their respective family members, guests, invitees, agents, employees and representatives for any damage or injury to persons or property caused by any pet or other animal. 3.9 Maintenance and Improvements. The Association shall be responsible for the management, operation, maintenance, repair, replacement and upkeep of the Common Area, Common Improvements and all other Association-maintained Improvements in good condition and repair in accordance with the provisions of Article IV and as provided elsewhere in this Declaration and the other Governing Documents. Each Owner shall be responsible for the maintenance, repair and replacement and upkeep of the Owner’s Unit, all Improvements within or part of the Owner’s Unit (excluding Common Improvements located within the boundaries of the Owner’s Unit to be maintained by the Association as provided herein), and all other Owner-maintained Improvements in FINAL PARCEL MAP SUBMITTAL; DRAFT 01-06-20 15 good condition and repair in accordance with the provisions set forth in Article IV or elsewhere in this Declaration and in the Association Rules. 3.10 Drainage. Except as approved by the Board, no Owner shall do any act or construct any Improvement which would interfere with or materially alter the natural and established drainage systems and patterns within the Project, or any Drainage Improvements constructed and installed with the original development of the Project. 3.11 Improvements and Alterations to Units. Except as otherwise provided in this Declaration, the written approval of the Board shall be required and obtained in accordance with Article V prior to any Owner commencing or completing any Alterations or Improvements requiring Board approval as provided in Article V or elsewhere in this Declaration or the Association Rules. 3.12 Antennae and External Fixtures. Except as constructed and installed with the original development of the Project or as approved by the Board, and any replacements thereof, no television, radio or data transmission poles, antennae, security systems, flag poles, clotheslines, wiring, insulation, air-conditioning, machinery, equipment or fixtures shall be installed, constructed, erected or maintained on or within the Common Area, the Exclusive Use Common Areas, or within the boundaries of the Units so as to be visible from any other Unit or the Common Area. The Board may condition its approval of any such antennae or other external devices upon the Owner’s compliance with reasonable standards, conditions or restrictions. The restrictions imposed by this Section shall be implemented (and deemed modified as needed) to conform to any existing or future federal or state laws or other Governmental Requirements. 3.13 Signs. No sign or billboard of any kind shall be displayed to the public view or otherwise placed or installed within or from any Unit or any portion of the Common Areas, except for the following signs shall be permitted subject to Association Rules: (a) Signs established by the Declarant or the Association. (b) Such signs as may be required for legal proceedings or notice. (c) Replacement of residential identification signs with the same materials and colors as existing as of the date of this Declaration, or as otherwise authorized by Association Rules or approved by the Board. (d) During the time of construction of any improvement, one job identification sign not larger than eighteen (18) by twenty-four (24) inches in height and width and having a face area not larger than three (3) square feet, provided that the Board may further restrict or allow any such signs. (e) Signs advertising Condominiums “for sale” or “for rent,” of customary and reasonable dimensions and of a professional type and dignified appearance, and otherwise in accordance with the standards and requirements set forth in the Association Rules. “For sale” or “for rent” signs may not be placed anywhere in the Common Area other than areas expressly approved by the Board or Association Rules. (f) Noncommercial signs, posters, flags or banners otherwise approved by the Board and placed or posted in areas designated by the Board. All signs shall comply with and conform to the standards and requirements set forth in this Declaration, the Association Rules and any other Governing Documents, and shall comply with all Governmental Requirements. Notwithstanding the foregoing, the Board may adopt additional standards and requirements that further restrict, allow or regulate the use of signs within the Project, as determined by the Board in its reasonable discretion. The restrictions imposed by this Section shall be deemed to be modified as needed to conform to any existing or future federal or state laws or other Governmental Requirements which conflicts with or prohibits any of the provisions of this Section. 3.14 Outdoor Furniture. (a) No furniture, barbecue grills or other types of outdoor equipment and apparatus shall be placed, kept, installed, maintained or located in or on any Common Areas. (b) Except as authorized by Association Rules, outdoor furniture, barbecue grills and other types of outdoor equipment and apparatus shall be allowed only in the enclosed yard areas of the Units. Any such outdoor items shall be used in a manner so as not to unreasonably and materially disturb the use and FINAL PARCEL MAP SUBMITTAL; DRAFT 01-06-20 16 enjoyment of the other Units or the Owners and occupants thereof. The Board may adopt Association Rules related to the use of outdoor furniture, barbeques, equipment and apparatus, as determined by the Board in its reasonable discretion. 3.15 Storage. Storage of personal property within any Unit shall be entirely within the Residence or within other enclosed storage areas, or as approved by the Board. Storage of personal property within the Owner’s Exclusive Use Storage Areas is subject to the provisions of Section 3.3. 3.16 Temporary Structures. No structure of a temporary character, trailer, mobile home, camper, tent, shack, garage or other outbuilding shall be installed, placed or used within any Unit or the Common Areas as a residence or living quarters, either temporarily or permanently. 3.17 Machinery and Equipment. No power tools, machinery or equipment of any kind shall be placed, operated or maintained upon or adjacent to any Unit by any Owner except such machinery or equipment as is ordinary or customary in connection with the use, maintenance and repair of the Residence and other Improvements that are part of the Units. 3.18 Plant Diseases, Insects and Vermin. No plants or seeds harboring noxious insects or infected with plant diseases shall be brought on, grown, maintained or allowed to exist within the Project. No Owner shall permit anything or condition to exist within such Owner’s Unit or Exclusive Use Common Areas that shall induce, breed or harbor infectious plant diseases or noxious or poisonous insects or vermin. 3.19 Offensive Conduct; Nuisances. Notwithstanding any other provision of this Declaration, the Owner’s and occupants of the Units and their respective family members, guests and invitees, shall not engage in, cause or allow any offensive conduct or activities within the Project that unreasonably and materially affect the use and enjoyment of the other Unit and the Common Area (including any Exclusive Use Common Areas). Nothing shall be done on or within the Project that results or may result in a private or public nuisance. 3.20 Insurance Rates. Nothing shall be done or kept within any Unit or in the Common Area that might increase the rate of, or cause the cancellation of, insurance for the Project or for other Owners within the Project, without the prior written consent of the Board. 3.21 Compliance with Laws and Governmental Approvals. No Owner shall permit anything to be done or kept within the Owner’s Unit, the Owner’s Exclusive Use Common Areas or the Common Areas that violates any Governmental Requirements. Without limiting the foregoing, each Owner and the Association shall comply with all conditions and restrictions set forth in any conditional use permit or other approvals or authorizations adopted or issued by the Town or other governmental authority applicable to the Project, any Unit or the Common Area, or any portions thereof. 3.22 Exceptions. The covenants and restrictions set forth in this Article III or in Article V shall not and do not apply to any of the following: (a) Any act done or proposed to be done upon or within the Project, or any condition created therein, by any governmental agency or entity, or the agents or employees of any governmental entity acting within the scope of their authority as such agents or employees. (b) Any act done or proposed to be done upon the Property, or any condition created thereon, by any utility company (including, but not limited to, companies furnishing electric, gas, water, telephone, cable television and/or sewer service to all or parts of the Property), or the agents or employees of any such company, which act could be done by such company were this Declaration not made. (c) Any act done or proposed to be done upon the Property, or any condition created thereon, which act or condition has been approved in advance by the Board acting within its authority as set forth in this Declaration. (d) Any act done or proposed to be done upon the Property, or any condition created thereon, by any Person pursuant to court order, or the order of any public officer or public agency; provided, however, that the orders contemplated in this subsection are only those which are the result of action initiated by public officers or agencies and which embody mandatory requirements with penalties for non-performance, and are not those orders which result from the application of private parties or are merely permissive. ARTICLE IV MAINTENANCE, REPAIR & IMPROVEMENTS FINAL PARCEL MAP SUBMITTAL; DRAFT 01-06-20 17 4.1 Association Maintenance and Repair of Common Area and Common Improvements. Except to the extent owned, operated or maintained by the Town, a public utility or other supplier of equipment, facilities or services to the Project, and except as otherwise provided in this Declaration, the Association shall maintain in good condition and repair and in an a neat, clean and attractive manner, and complete repairs and replacements as necessary, of all Common Areas and Common Improvements, including but not limited to the following: (a) The Common Area and all Common Improvements located on, under or on the Common Area, including: (i) The Common Garage/Storage Building and all Improvements within and components thereof (but excluding the interior of the Exclusive Use Parking and Storage Areas to be maintained by the Owners pursuant to Section 4.4); (ii) The common driveway and walkways within the Common Area, including all surfaces, slopes, curbs, stripping, drainage, signs, lighting, and other associated Improvements; (iii) All Common Drainage Improvements, Common Utility Improvements and other Improvements located within the Common Area; and (iv) The Open Space Area and any Improvements located within the Open Space Area as described in Section 2.14. (b) The Common Septic System and all components thereof within the Private Utility Easements located within the boundaries of the Units, or otherwise located within the Common Area. (c) All Common Drainage Improvements and all Common Utility Improvements located anywhere within any Private Utility Easements or elsewhere within the boundaries of the Units. (d) Any Improvements located within, of which may in the future be constructed or installed within, the Pedestrian Access Easement as described in Section 2.15 (except to the extent owned, operated or maintained by the Town or other public agency). (e) The Drainage Channel and all associated Improvements within the Public Drainage Easement located on portions of the Units and Common Area as described in Section 2.16. (f) All fencing located within or on the boundaries of the Common Areas. (g) All trees, shrubs, plants and other landscaping and irrigation improvements located within the Common Area (including any maintenance required to comply with Section 3.3(h) concerning Town of Tiburon defensible space requirements). (h) All other Improvements that are part of or located within the Common Area that are not otherwise expressly made the responsibility of the Owners as provided in this Declaration. No Owner shall make any Alterations to any portion of the Common Area or Common Improvements except as authorized by the Board or Association Rules. Each Owner, tenant or other occupant of the Units shall immediately notify the Association in writing of any damage, deterioration or other problems within the Common Area or any Common Improvements. Except as approved in advance by the Board, no Owner or occupant of a Unit shall remove, modify, repair, replace, alter or injure in any way any portion of the Common Area or any Common Improvements. 4.2 Damage to Common Area Caused by Owner. Notwithstanding Section 4.1, each Owner, at such Owner’s sole cost and expense, shall be responsible for completing any repairs or replacements of any Common Area or Common Improvements arising out of or caused by the willful or negligent act or omission of an Owner, the Owner’s tenants, or their respective agents, employees, family members, guests and invitees, or the non-performance of an obligation imposed upon an Owner, tenant or other person for whom an Owner is liable under this Declaration. Before commencing any such maintenance, repairs and replacement, the Owner shall obtain the prior approval of the Board of the specifications and methods and the person to be completing the work. If the responsible Owner fails to complete the maintenance, repairs or replacements within a reasonable time and manner as determined by the Board, the Association shall complete the maintenance, repairs or replacements at the Owner’s expense and, in addition to the remedies provided for in this Declaration or by law, the Owner shall be liable to the Association, and the Association shall levy a Reimbursement Assessment against the Owner’s Unit, for all costs and expenses incurred by the Association to complete the required maintenance, repairs or replacements. FINAL PARCEL MAP SUBMITTAL; DRAFT 01-06-20 18 4.3 Association Maintenance Standards. The Association shall perform its inspection, maintenance, repair and replacement obligations in conformity with the Association Maintenance Standards. (a) Association Maintenance Standards Defined. As used in this Declaration, “Association Maintenance Standards” means all actions necessary to keep all Improvements to be maintained by the Association in good condition and repair and shall include, without limitation, all inspection and maintenance requirements, guidelines and schedules contained in the Association Rules or as adopted by the Board pursuant to Section 4.3(b) for the Association’s periodic inspection and maintenance of the Common Area and Common Improvements. “Association Maintenance Standards” shall also include all inspection and maintenance guidelines and schedules contained in any Common Area Maintenance Manual prepared and adopted by the Association, and any updates or modifications thereto approved by the Board. Any Common Area Maintenance Manual prepared by the Association shall be part of the Association Rules. (b) Board Adoption of Standards; Inspections. The Board shall adopt and administer inspection and maintenance guidelines and schedules for the Association’s periodic inspection and maintenance of all Improvements to be maintained by the Association. On an annual basis, or on a more frequent basis as determined by the Board, the Association shall cause a professional inspection to be made of the Association maintained Improvements. Subject to Section 4.3(c), the Board shall periodically, and at least once every three years, review and update the inspection and maintenance guidelines. The Board shall take all appropriate steps to implement and comply with the inspection and maintenance guidelines. 4.4 Owner Maintenance and Repair of Units, Exclusive Use Common Areas and Improvements. Except as otherwise provided in this Declaration, each Owner, at such Owner’s sole cost and expense, shall maintain in good condition and repair and in a neat, clean and attractive manner, and complete repairs and replacements as necessary, of all of the following Improvements: (a) The Owner’s Unit, including the Residence, the yard and exterior areas, and all structures, landscaping, irrigation and other Improvements and components thereof, now or hereinafter constructed, placed or otherwise located on or within the boundaries of the Unit, but excluding any Association-maintained Improvements located on or within the boundaries of the Units that are to be maintained by the Association as provided in Section 4.1. (b) All Drainage Improvements, Utility Improvements and other Improvements that exclusively serve and are used solely for the benefit of such Owner’s Unit that are located within the boundaries of the Owner’s Unit, or within any Private Utility Easements as shown and described on the Parcel Map, the Condominium Plan and in this Declaration. Each Owner shall be responsible for the maintenance, repair and replacement of such Owner’s storm drain lateral lines, sewer lateral lines and other utility lateral lines and the connections to the shared main lines. (c) The Owners’ Exclusive Use Parking and Exclusive Use Storage Areas defined in Article I and described in Sections 2.9 and 3.3. (d) All fencing located on or within the boundaries of the Owner’s Unit, including Party Fences (if any) as provided in Section 4.5. (e) All trees, landscaping, irrigation and other landscaping improvements located within the boundaries of the Owner’s Unit (including all yard areas) as provided in Section 4.6. (f) All other Improvements the maintenance and repair of which are the responsibility of the Owners as provided in this Declaration or the other Governing Documents. 4.5 Party Fences. The maintenance and repair of Party Fences shall be the joint responsibility of the Owners of the Units adjacent to such Party Fence. Each such Owner shall have the easements and rights of entry set forth in this Declaration for purposes of accessing and maintaining such Party Fences. Except as otherwise provided herein, the cost and expense of maintaining and repairing Party Fences shall be shared equally by the adjacent Unit Owners. An Owner who by his or her negligence or willful act causes any Party Fence to be damaged and fails to correct the damage, or neglects or refuses to maintain, repair, or reconstruct the Owner’s portion of the Party Fence after written notice to do so from the Board, the other Owner of the Party Fence or the Association may perform the maintenance, repair or restoration and may recover the expense of such and any incidental expense or consequential damages from the neglecting or refusing Owner. 4.6 Landscaping. Each Owner shall cut, trim, prune and otherwise maintain in a good, healthy and attractive condition, irrigate and replace as necessary all trees, plants and other landscaping, irrigation devices FINAL PARCEL MAP SUBMITTAL; DRAFT 01-06-20 19 and other landscape improvements within the boundaries of such Owner’s Unit. No landscaping or irrigation devices or other Improvements shall be installed or maintained which adversely alter or affect the drainage patterns for the Project or interfere with any Drainage Improvements or irrigation Improvements original constructed or installed with the Project. ARTICLE V ARCHITECTURAL CONTROL 5.1 Alterations and Improvements Requiring Board Approval. No Owner may commence or complete any of the following Alterations or Improvements until complete plans and specifications have been submitted to and approved by the Board, which approval shall not be unreasonably withheld, conditioned or delayed: (a) Alterations to the Residence or other Improvements located on the Owner’s Unit that will be visible from the Common Area or other Units, or that in any way alter or otherwise affect the exterior appearance of the Residence or other exterior areas of the Units (but excluding repairs and replacements using substantially the same materials and colors as exist as of the date of this Declaration). (b) Any Alterations or Improvements within or affecting any Common Areas, Exclusive Use Common Areas, Common Improvements or any other Association-maintained Improvements. (c) Any Alterations to any Drainage Improvements, Utility Improvements or other Improvements within the boundaries of the Owner’s Unit that may in any way alter or otherwise affect or interfere with any portion of the Common Areas (including Exclusive Use Common Areas) or any Common Drainage Improvements, Common Utility Improvements or other Common Improvements wherever located. (d) Any Alterations or Improvements to any Party Fences subject to Section 4.5, or to any other fences on or within the boundaries of the Units, that will use materials different from that existing as of the date of this Declaration or that may otherwise alter or affect the appearance or location of the fence. (e) Any other Alterations or Improvements that require the approval of the Board as set forth elsewhere in this Declaration or the other Governing Documents. 5.2 Compliance with Governing Documents and Governmental Requirements. All Alterations proposed or completed by any Owner to such Owner’s Unit or elsewhere within the Project, whether requiring Board approval or not, shall comply in all respect with all provisions of the Governing Documents and all applicable Governmental Requirements. Any Alterations or Improvements within any public right-of-way shall also remain subject to the provisions in any applicable encroachment permit or other permit or approval obtained or required to be obtained from the Town or other governmental authority. All governmental approvals, permits and inspections which are required under applicable Governmental Requirements for any proposed Alteration are the responsibility of the Owner and must be obtained by the Owner in addition to the approvals required by this Declaration. The Owner shall provide copies of all such governmental approvals, permits and inspections to the Board prior to making such Alterations. The application to and the review and approval by the Board of any proposals, plans or other submittals shall in no way be deemed to constitute satisfaction of or compliance with any building permit process, governmental code or ordinance requirements, or any other Governmental Requirements, the responsibility for which shall lie solely with the respective Owner. 5.3 Limitation on Liability. Neither the Declarant, the Association, the Board, nor any director, officer or member thereof, shall be liable to any Owner or other third party for any damage, loss or prejudice suffered or claimed on account of the approval or disapproval of any plans, drawings and specifications, whether or not defective; or for the construction or performance of any Alterations and Improvements, development or other work, whether or not pursuant to approved plans, drawings or specifications. By approving any plans, drawings and specifications submitted to the Board, neither the Association, the Board, the members thereof, nor Declarant, shall be liable in any way therefore or for any defect in any structure or other Improvements constructed from such plans, drawings and specifications. ARTICLE VI ASSOCIATION 6.1 Status. The Association is a nonprofit mutual benefit corporation formed under the laws of California. Upon the transfer of title of a Condominium to an Owner other than Declarant or an affiliate of Declarant, the Association shall be charged with the duties and vested with the powers set forth in the Articles, the FINAL PARCEL MAP SUBMITTAL; DRAFT 01-06-20 20 Bylaws and this Declaration. Pending the commencement of the Association’s operations, Declarant shall perform the duties and shall have the rights and powers of the Association as set forth in this Declaration. 6.2 Governing Body. Except as to matters requiring the approval of Owners as set forth in this Declaration, the other Governing Documents or by law, the affairs of the Association shall be conducted by the Board and such officers as the Board may elect or appoint in accordance with this Declaration and the other Governing Documents. 6.3 Membership. (a) Qualifications. Each Owner, including Declarant, shall be a Member of the Association. No Owner shall hold more than one Membership in the Association, even though the Owner may own, or own an interest in, more than one Condominium. Ownership of a Condominium or an interest in a Condominium shall be the sole qualification for Membership in the Association. Each Owner shall remain a Member of the Association until the Owner’s ownership interest in all Condominiums in the Project ceases, at which time the Owner’s Membership in the Association shall automatically cease. Persons who hold an interest in a Condominium merely as security for performance of an obligation are not to be regarded as Members, unless and until they acquire title to the Condominium. (b) Members’ Rights and Duties. Except as expressly limited by this Declaration, each Owner shall have the rights, duties and obligations of a Member set forth in the Governing Documents. (c) Transfer of Membership. The Association Membership of each Person who owns, or owns an interest in, one or more Condominiums shall be appurtenant to each such Condominium, and shall not be assigned, transferred, pledged, hypothecated, conveyed or alienated in any way, except on a transfer or encumbrance of title to each such Condominium or interest in it, and then only to the transferee or encumbrancer. Any attempt to make a prohibited transfer shall be void. Any transfer of title to a Condominium or interest in it shall operate automatically to transfer the appurtenant Membership rights in the Association to the new Owner. 6.4 Member Voting Rights. (a) Single Class of Voting Members. The Association shall have a single class of voting Membership. Each Owner shall be entitled to one (1) vote for each Condominium in which the Owner owns an interest. If more than one Owner owns an interest in a Condominium, the vote for such Condominium shall be exercised as the Owners of the Condominium determine, but in no case shall more than one (1) vote be cast with respect to any one Condominium. (b) Member Approvals. All matters requiring the approval of Owners shall be deemed approved if approved by a majority vote of the Owners cast either in person or in proxy at a duly held regular or special meeting of the members at which a quorum is present, approved by a majority of the written ballots cast in accordance with Corporations Code section 7513 (or any successor statute thereto), or approved by unanimous written consent of all the Owners. Notwithstanding the foregoing, approval by the Members shall be subject to the following: (i) If an action of the Association requires approval by more than a majority of the Members as provided in this Declaration, such action shall be approved by the Members only if the required percentage of Members vote to approve the action. (ii) Member approval of amendments to this Declaration, the Articles, or the Bylaws shall be subject to the Member approval requirements as set forth in those documents. (iii) In the event any requirements or procedures for Members voting and approvals conflict with any statutory requirements, the statutory requirements shall control. (c) Joint Ownership Votes. The vote attributed to each Condominium may not be cast on a fractional basis. If the Condominium has more than one Owner and the joint Owners are unable to agree among themselves as to how their vote shall be cast, the vote shall be forfeited on the matter in question. If one Owner casts the vote attributed to a particular Condominium, the vote shall conclusively bind all the Owners of that Condominium. If more than one Owner casts the vote attributed to a Condominium, the votes cast by such Owners shall be counted as a single vote if the votes are substantively the same, and shall not be counted and shall be considered void if the votes are different. (d) Commencement of Voting Rights. Voting rights shall vest at the time Assessments are levied against the Owner’s Condominium. FINAL PARCEL MAP SUBMITTAL; DRAFT 01-06-20 21 6.5 Powers and Duties of the Association. The Association shall have all the powers of a nonprofit mutual benefit corporation organized under the General Nonprofit Mutual Benefit Corporation Law of California, as enumerated in California Corporations Code § 7140, and in California Code of Civil Procedure § 383, and the Common Interest Development Act (California Civil Code §§ 4000 et seq.), subject only to such limitations on the exercise of such powers as are set forth in the Articles, the Bylaws and this Declaration. The Association shall have the power to do any lawful thing that may be authorized, required, or permitted to be done by the Association under this Declaration and other Governing Documents, and to do and perform any act that may be necessary or proper for or incidental to, the exercise of any of the express powers of the Association, or to perform the obligations and duties of the Association, including without limitation, the following: (a) Maintenance and Management of Common Area. Except to the extent owned, operated or maintained by the Town, a public utility or other supplier of equipment, facilities or services to the Project, or as otherwise provided in this Declaration or other Governing Documents, the Association shall have the authority and obligation to provide for the management, maintenance and repair of the Common Area and Common Improvements in accordance with the provisions of this Declaration and the other Governing Documents. The Association shall acquire, provide and pay for electrical, water, garbage collection and other utilities servicing the Common Area, and shall maintain any common garbage facilities (if any). The Association shall discharge by payment, if necessary, any lien imposed against the Common Area or any portion thereof, and after notice and hearing as provided in the Governing Documents, shall charge the cost thereof as a Reimbursement Assessment against the Owner or Owners responsible for the existence of the lien. Except as expressly provided in this Declaration or the other Governing Documents, or as expressly authorized by the Board, the Association shall have no obligation or duty to perform any service or repair which is the responsibility of an Owner as set forth in this Declaration or the other Governing Documents. (b) Enforcement. The Association shall have the authority and obligation in accordance with the provisions of Article IX to enforce this Declaration and the other Governing Documents, and to impose fines and disciplinary action against any Owner for violation of any provisions of this Declaration or other Governing Documents. (c) Assessments, Liens and Fines. The Association shall have the authority and obligation in accordance with the provisions of Article VII and VIII to establish, fix and levy Regular Assessments, Special Assessments and Reimbursement Assessments against the Condominiums and the Owners sufficient to perform the Association’s obligations under this Declaration and the other Governing Documents, and to enforce and collect payment of such Assessments in accordance with Article VIII, and to impose fines against any Owner for failure to pay Assessments in accordance with the provisions of this Declaration and the other Governing Documents. (d) Association Rules. The Association shall have the power and authority to adopt, amend and repeal the Association Rules as it considers reasonable and appropriate, subject to the Owners’ right to receive prior notice of, and to challenge, the adoption, amendment, or repeal of certain categories of Association Rules as provided in California Civil Code §§ 4340-4370. The Association Rules shall apply generally to the management and operation of the Project and the conduct and affairs of the Association and may regulate the use and enjoyment of the Common Areas (including Exclusive Use Common Areas), Common Improvements, the Units and such other matters as authorized in this Declaration or applicable law; provided, however, the Association Rules shall not be inconsistent with, nor materially alter any provisions of this Declaration, the Articles or the Bylaws. In the event of a conflict between a provision of the Association Rules and the provisions of this Declaration, the Articles or Bylaws, the conflicting provision of the Association Rules shall be deemed to be superseded by the provisions of this Declaration, the Articles or the Bylaws to the extent of such inconsistency. A copy of the Association Rules as adopted, amended or repealed shall be mailed or otherwise delivered to each Owner. (e) Annual Budget Report. Not less than thirty (30) days nor more than ninety (90) days before the beginning of each fiscal year, the Association shall prepare or cause to be prepared, and distribute to the Owners, an Annual Budget Report for the forthcoming fiscal year prepared and distributed to the Owners in accordance with California Civil Code §5300. The Annual Budget Report shall include a pro forma operating budget showing the estimated revenue and expenses for the forthcoming fiscal year prepared on an accrual basis; a summary of the Association’s reserves prepared pursuant to California Civil Code §5565; a Reserve Funding Disclosure Summary form prepared in accordance with California Civil Code §5570; and all other information, disclosures and statements required pursuant to California Civil Code §5300. (f) Annual Policy Statement. Within 30 to 90 days before the end of its fiscal year, the FINAL PARCEL MAP SUBMITTAL; DRAFT 01-06-20 22 Association shall prepare or cause to be prepared, and distribute to the Owners, an Annual Policy Statement prepared in accordance with California Civil Code §§ 5310-5320. The Annual Policy Statement shall include all the information required under California Civil Code § 5310, and the Association shall deliver a summary report, or a full report, as provided under California Civil Code § 5320. (g) Association Contracts. Subject to any limitations set forth in the Governing Documents or pursuant to Governmental Requirements, the Association shall have the power to enter into contracts for goods or services for the discharge of the Association’s obligations. (h) Payment of Expenses, Taxes and Assessments. The Association shall have the authority and obligation to pay all expenses and obligations incurred by the Association in the conduct of its business, including without limitation, all real and personal property taxes and assessments and all other taxes levied against the Association, the Common Area or the personal property owned by the Association if not included in the annual property tax assessments of the Owners. (i) Loans. The Association shall have the power and authority to borrow money, and with the prior written approval of a majority of the voting power of the Association, to mortgage, pledge, deed in trust, or hypothecate any or all of the real or personal property owned by the Association as security for money borrowed or debts incurred by the Association. Repayments of any Association loans or debts shall be included as part of the Association’s Common Expenses under the Association’s annual pro forma operating budget. (j) Insurance. The Association shall obtain and maintain the policies of insurance required under Article X, and shall prepare and distribute the summary of the Association’s insurance policies as provided in Section 10.5. (k) Acquisition and Disposition of Property, Easements, Dedications and Other Property Rights. Subject to the provisions and limitations set forth in the Governing Documents or applicable Governmental Requirements, the Association shall have the power and authority to acquire (by gift, purchase or otherwise), own, hold, improve, build upon, operate, maintain, convey, sell, lease, transfer of otherwise dispose of real or personal property in connection with the affairs of the Association. Without limiting the generality of the foregoing, the Association shall have the power and authority in accordance with provisions and subject to the limitations set forth in Governing Documents or applicable Governmental Requirements, to grant, convey, dedicate or otherwise transfer to any Owner or any other Person fee title, easements, leasehold estates, exclusive use easements or rights, licenses, lot-line adjustments, rights-of-way, dedications or other property interests in, on, over, or under the Common Areas. (l) Litigation. The Board, acting on behalf of the Association and the Owners, shall have the power and authority to file a lawsuit or file a demand for arbitration, or incur attorney’s fees and costs, or enter into a contingent fee contract with an attorney, only upon obtaining the vote or consent of a majority of the voting power of the Members. (m) Dispute Resolution Procedures. The Board shall adopt and implement dispute resolution procedures for disputes between the Association and an Owner in compliance with California Civil Code §§ 5900-5920. (n) Delegation of Powers and Duties. Subject to any limitations set forth in this Declaration or the Bylaws or as provided by law, the Association acting by and through the Board may delegate its powers, duties and responsibilities to committees, officers, employees or agents, including a professional management agent. Any professional management agent shall provide a written statement to the Board to the extent required under California Civil Code §5375, and shall comply with the funds handling and accounting requirements to extent required under California Civil Code §5380. Any agreement for professional management shall be terminable by either party with or without cause and without payment of a termination fee on no more than 90 days written notice. The term of any such agreement shall not exceed one year except as provided in Section 6.8, although such agreement may be renewed from year to year by the Association. (o) Other Powers & Duties. Subject to the provisions and limitations set forth in the Governing Documents, the Association shall have the authority and obligation to perform such other acts as may be reasonably necessary to exercise its powers or perform its duties under any of the provisions of this Declaration, the other Governing Documents, and any applicable Governmental Requirements. 6.6 Limitations on Authority of Board. The Board shall not take any of the following actions, except with the approval by vote at a meeting of the Association or by written ballot without a meeting, under Corporations Code section 7513 (or successor statute), of a simple majority of the Owners, constituting a quorum FINAL PARCEL MAP SUBMITTAL; DRAFT 01-06-20 23 consisting of more than fifty percent (50%) of the voting power of the Association residing in Owners: (a) Incur aggregate expenditures for capital Improvements to the Common Area in any fiscal year in excess of five percent (5%) of the budgeted gross expenses of the Association for that fiscal year; or (b) Sell during any fiscal year property of the Association having an aggregate fair market value greater than five percent (5%) of the budgeted gross expenses of the Association for that fiscal year; or (c) Pay compensation to members of the Board or to officers of the Association for services performed in the conduct of the Association’s business; or (d) Enter into a contract with a third person to furnish goods or services for the Common Area or to the Association for a term longer than one (1) year, with the following exceptions: (i) A contract with a public utility company if the rates charged for the materials or services are regulated by the Public Utilities Commission; provided, however, that the term of the contract shall not exceed the shortest term for which the supplier will contract at the regulated rate. (ii) Prepaid casualty and/or liability insurance policies not to exceed three (3) years’ duration, provided that the policy permits for short-rate cancellation by the insured. (iii) Agreements for cable television services and equipment or satellite dish television services and equipment not to exceed five (5) years duration, provided that the supplier under the agreement is not an entity in which the Declarant has a direct or indirect ownership interest of ten percent (10%) or more. (iv) Agreements for sale or lease of burglar alarm and fire alarm equipment, installation and services not to exceed five (5) years duration, provided that the suppler is not an entity in which the Declarant has a direct or indirect ownership interest of ten percent (10%) or more. (v) A contract for a term not to exceed three (3) years that is terminable by the Association after no longer than one (1) year without cause, penalty or other obligation upon ninety (90) days written notice of termination to the other party. 6.7 Copies of Documents to be Delivered by Association. Upon written request of an Owner, Mortgagee, or prospective purchaser (evidenced by a copy of a signed agreement of purchase or by a copy of signed escrow instructions), the Association shall, within 10 days of the mailing or delivery of the request, provide the Owner, or any other recipient authorized by the Owner, with copies of the requested documents and information specified in California Civil Code § 4525, and delivered in accordance with the provisions of California Civil Code §§ 4525-4530. 6.8 Inspection of Association Books and Records. The obligations of the Association to provide access to, and the rights of the Owners and Directors to inspect and copy, any “Association Records” and “Enhanced Association Records,” as defined in California Civil Code §5200, shall be subject to and governed by the provisions of California Civil Code §§ 5200-5240. ARTICLE VII ASSESSMENTS AND RESERVES 7.1 Obligation to Pay Assessments. The Owner of each Condominium shall be obligated to pay any Assessments levied against the Owner’s Condominium on or before the date the Assessment is due. Each Owner of a Condominium by acceptance of a deed for a Condominium, hereby covenants and agrees to pay to the Association all Assessments established, charged and levied against the Owner’s Condominium as provided in this Declaration, and further covenants and agrees that the Association shall have the right and authority to enforce any Assessment lien established hereunder by non-judicial proceedings under a power of sale or by any other means as set forth in this Declaration or as authorized by law. All Assessments, together with interest, late charges, collection costs and reasonable attorneys’ fees, shall be a charge on the Condominium and shall be a continuing lien upon the Condominium against which each such Assessment is levied, which lien shall become FINAL PARCEL MAP SUBMITTAL; DRAFT 01-06-20 24 effective upon the recordation of a Notice of Delinquent Assessment. 7.2 Assessments as Personal Obligation of Owner. Each Assessment or installment of an Assessment, together with any late charges, interest, collection costs and reasonable attorneys’ fees, shall be the personal obligation of the Owner of each Condominium against which each such Assessment is levied at the time the Assessment or installment becomes due and payable. If more than one person or entity is the Owner of a Condominium, the personal obligation to pay the Assessment or installment relating to the Condominium shall be both joint and several. Except as provided herein, the personal obligation for delinquent Assessments or installments and other charges, interest, costs and fees shall not pass to an Owner’s successors in interest (other than to the Owner’s estate or personal representative) unless expressly assumed by them; provided, however, this provision shall not operate to release or discharge any Assessment lien created pursuant hereto which was recorded by the Association prior to a change of ownership. Any Owner who transfers a Condominium shall remain personally liable for any unpaid Assessments accruing on or before the date of transfer. No Owner shall be exempt from payment of any Assessments or installments by waiver of the use or enjoyment of all or any portion of the Common Areas or by waiver of the use or enjoyment of, or by abandonment of, the Owner’s Condominium. 7.3 Use of Assessments. The Assessments levied by the Association shall be used exclusively to promote the economic interests, health, safety and welfare of the Owners, the improvement, replacement, repair, operation and maintenance of the Common Areas, Common Improvements and other Association-maintained Improvements, the performance of the duties and obligations of the Association as set forth in this Declaration or the other Governing Documents, and to further any other purpose that is for the common benefit of the Owners in their use and enjoyment of the Project. The Association shall not impose or collect an Assessment or fee that exceeds the amount necessary to defray the costs for which it is levied. 7.4 Regular Assessments. Within fifteen (15) days after distributing the Annual Budget Report to the Owners in accordance with Section 6.5(e), but in no event less than thirty (30) days before the beginning of each fiscal year of the Association, the Board shall meet and establish the annual Regular Assessment for the forthcoming fiscal year. Notwithstanding the foregoing, the Board shall obtain the approval of the Owners before establishing a Regular Assessment for any fiscal year which is more than one hundred twenty percent (120%) of the Regular Assessment for the prior fiscal year, provided that the foregoing limitation does not apply to increases in Regular Assessments where the Board determines that an increase in excess of one hundred twenty percent (120%) of the prior year’s Assessment is for the purpose of paying any expense, cost or charge related to the matters included in the list of “emergency situations” in California Civil Code §5610, and any amendments thereto. 7.5 Notice of Increase of Regular or Special Assessments. The Association shall provide Individual Notice to the Owners pursuant to California Civil Code §4040 of any increase in the Regular or Special Assessments, not less than thirty (30) days nor more than sixty (60) days prior to the increased Assessment becoming due. 7.6 Reserves. (a) Regular Assessments shall include a portion for reserves in such amount as the Board in its discretion determines is appropriate to meet the cost of the future repair, replacement and additions to the major components of the Common Area and Common Improvements that the Association is required to maintain (“Major Components”). The signature of at least two persons who shall both be Board members, or one officer and one Board member, shall be required for the withdrawal of funds from the Association reserve account. Except with the prior approval of the Owners, the Board shall not expend funds designated as reserve funds for any purpose other than the repair, restoration, replacement or maintenance of the Major Components for which the reserve fund was established. (b) To the extent required pursuant to California Civil Code § 5550, at least once every three (3) years, the Board shall cause to be conducted a reasonably competent and diligent visual inspection of the Major Components that the Association is required to maintain. A reserve study shall be prepared containing the information, estimates and reserve funding plan required under California Civil Code §5550. The Board shall review the reserve study annually and consider and implement necessary adjustments based on that review. (c) Within thirty (30) days following recordation of the Parcel Map and this Declaration, the Board shall levy a Special Assessment against all Owners and the Owners’ Condominiums to fund the initial reserve fund. Such Assessments shall be in an amount to provide 100% funding of the initial reserve fund as set forth in the Reserve Study – Component Analysis and Reserve Fund Plan prepared for the Association by Reserve Analysis Consulting, LLC, dated ________, 2018. FINAL PARCEL MAP SUBMITTAL; DRAFT 01-06-20 25 7.7 Special Assessments. If at any time the Board determines that the estimated total amount of funds necessary to defray the Common Expenses of the Association for a given fiscal year is or will become inadequate to meet expenses, the Board shall levy a Special Assessment in an amount determined by the Board to defray such expenses. Notwithstanding the foregoing, the Board shall obtain the approval of the Owners before levying a Special Assessment which alone or in the aggregate with previous Special Assessments for the fiscal year in which such Special Assessment is levied, would be in an amount in excess of five percent (5%) of the budgeted gross expenses of the Association for that fiscal year, provided that the forgoing limitation does not apply to Special Assessments for the purpose of paying any expense, cost or charge related to the matters included in the list of “emergency situations” in California Civil Code §5610, and any amendments thereto. 7.8 Reimbursement Assessments. The Board shall have the authority to levy Reimbursement Assessments against one or more Owners and such Owners’ Condominium in order to reimburse the Association for all or a portion of the actual costs of any of the following: (a) Provision of Services. All costs and expenses incurred or to be incurred by the Association to provide specific services to an Owner’s Condominium shall be assessed and charged to and against the Owner of the Unit receiving such services as a Reimbursement Assessment. The cost of such services provided by the Association to the Units shall be allocated and assessed to the Owners of such Units receiving such services in such manner as the Board determines in its reasonable discretion. (b) Damage to Common Area or Common Improvements. In the event of any damage to any portion of the Common Areas or the Common Improvements, or any portions of the Units or other Improvements that the Association may be obligated to maintain and repair, that is caused by the willful or negligent act or omission of any Owner, the Owner’s tenants or any of their respective family members, agents, employees, guests and invitees, and the Owner fails to complete the required maintenance, repairs or replacements in accordance with Section 4.2 and the other provisions of this Declaration and Association Rules, the Association shall complete the maintenance, repairs or replacements, and all costs and expenses incurred in connection therewith shall be assessed and charged solely to and against such Owner as a Reimbursement Assessment. (c) Expenses Incurred in Gaining Member Compliance. In the event that the Association incurs any costs or expenses to: (i) accomplish the payment of delinquent Assessments; (ii) perform any repair, maintenance or replacement to an Owner’s Unit or any other portion of the Project that the Owner is responsible to maintain under the Governing Documents, but has failed to undertake or complete in a timely fashion; or (iii) otherwise bring the Owner and such Owner’s Condominium into compliance with any provision of the Governing Documents, the amount incurred by the Association (including reasonable fines and penalties duly imposed hereunder, reasonable attorney and court costs, and such other reasonable costs) shall be assessed and charged solely to and against such Owner as a Reimbursement Assessment. (d) Other Costs and Expenses Subject to Reimbursement Assessments. Any other costs or expenses incurred by the Association or such other amounts otherwise payable to the Association for which the Owner is responsible under this Declaration or the other Governing Documents shall be assessed and charged to and against such Owner as a Reimbursement Assessment. 7.9 Commencement of Assessments; Assessment Period. Unless the Board determines otherwise, the Regular Assessment period shall commence on January 1 of each year and shall terminate on December 31 of each year. The first Regular Assessment period shall commence on the first day of the month following the first transfer of title to a Unit to a Person other than Declarant or an affiliate of Declarant and shall terminate on December 31 of that year. Regular Assessments shall be payable in equal monthly installments unless the Board adopts another method for payment. The first Regular Assessment and all Special Assessments shall be adjusted according to the number of months remaining in the fiscal year and shall be payable in equal monthly installments, unless the Board adopts another method for payment. 7.10 Allocation of Regular and Special Assessments. Regular Assessments and Special Assessments shall be fixed at a uniform rate for all Condominiums and shall be charged to and allocated equally among all Condominiums subject to assessment. 7.11 Notice of Assessments. Not less than thirty (30) days, nor more than sixty (60) days, before the due date of each annual Regular Assessment or Special Assessment, or of the first installment due date if any such Assessments are payable in installments, the Association shall provide notice of such Assessments by Individual Delivery to the Owner of each Condominium subject to the Assessment stating the due dates for the payment of the Assessments and any installments if the Assessment is payable in installments. A notice of FINAL PARCEL MAP SUBMITTAL; DRAFT 01-06-20 26 Assessment under this Section may be combined with the delivery of the Annual Budget Report. 7.12 Due Dates for Payment of Assessments. The Board shall establish the due dates for payment of all Assessments. Unless the Board determines otherwise, the annual Regular Assessment shall be payable in equal monthly installments due and payable on the first day of each month. Special Assessments shall be due and payable on such dates or dates as determined by the Board. Reimbursement Assessments shall be levied at such intervals as determined by the Board and shall be due and payable within fifteen (15) days after the Association provides written notice to the Owners, or such longer period as determined by the Board. 7.13 Application and Receipt for Payments. All payments shall first be applied to the Assessment or installment amounts owed, and only after the Assessment or installments owed are paid in full shall such payments be applied to the fees and costs of collection, attorneys’ fees, late charges or interest. When an Owner makes a payment, the Owner may request a receipt and the Association shall provide it. The receipt shall indicate the date of payment and the person who received it. 7.14 Delinquent Assessments. Each Regular Assessment, Special Assessment and Reimbursement Assessment, if payable in a single payment, or each installment of any such Assessments, shall become delinquent if not paid within fifteen (15) days after its due date. If an Assessment or installment is delinquent, the Association may recover all of the following as provided under California Civil Code §5650: (a) Reasonable costs incurred in collecting the delinquent Assessments or installments, including reasonable attorney’s fees. (b) A late charge equal to the maximum amount permitted under California Civil Code §5650(b), unless the Association by resolution of the Board establishes a lesser late charge. (c) Interest on all Assessments and other sums owed by an Owner, including the delinquent Assessments, late charges, reasonable fees and costs of collection, and reasonable attorneys’ fees, at an annual interest rate not to exceed twelve percent (12%), commencing thirty (30) days after the Assessment or installment becomes due, or at such lower or higher rate as may be specified from time to time by the Board or as required under any applicable Governmental Requirements. 7.15 Fiscal Year. Unless the Board determines otherwise, the Association’s fiscal year shall be the calendar year. ARTICLE VIII COLLECTION OF ASSESSMENTS 8.1 Enforcement of Assessments. The right to collect and enforce Assessments is vested in the Association. Subject to the limitations set forth in this Declaration and by law, the Association shall have the authority to delegate the exercise of such right to an agent, including any managing agent or representative. In the event of a delinquent Assessment, the Association shall have the power and authority to enforce the obligations of the Owners to pay Assessments provided for in this Declaration by pursuing one or more of the following remedies: (a) The Association may commence and maintain a legal action against the Owner to enforce the Owner’s personal obligation to pay the Assessments and in such action shall be entitled to recover the delinquent Assessments, any related late charges, interest, costs of collections and attorneys’ fees. The bringing of a legal action under this Section shall be maintainable without foreclosing or waiving the Association’s other legal remedies or lien rights, or any lien securing the foregoing. (b) The Association may impose an Assessment lien on the Owner’s Condominium in accordance with this Article VIII and applicable Governmental Requirements. (c) The Association may pursue any other remedy permitted by law in connection with any action to collect a delinquent Assessment or to foreclose its lien. 8.2 Assessment Liens. Subject to the limitations set forth herein, the Association may impose an Assessment lien on the Owner’s Condominium pursuant to Civil Code §§ 5650–5690 for the amount of any delinquent Assessments, together with related collection costs, attorneys’ fees, late charges and interest as provided in Section 7.14 and California Civil Code §5650. (a) At least thirty (30) days before recording a lien against the Condominium for delinquent Assessments and other debt past due under Civil Code §5650, the Association shall notify the Owner of record in FINAL PARCEL MAP SUBMITTAL; DRAFT 01-06-20 27 writing by certified mail of all the following: (i) A general description of the collection and lien enforcement procedures of the Association and the method of calculation of the amount, a statement that the Owner has the right to inspect the Association records, pursuant to California Civil Code §5205, and the following statement in 14-point boldface type, if printed, or in capital letters, if typed: “IMPORTANT NOTICE: IF YOUR SEPARATE INTEREST IS PLACED IN FORECLOSURE BECAUSE YOU ARE BEHIND IN YOUR ASSESSMENTS, IT MAY BE SOLD WITHOUT COURT ACTION.” (ii) An itemized statement of the charges owed by the Owner, including items on the statement which indicate the amount of any delinquent Assessments, the fees and reasonable costs of collection, reasonable attorneys’ fees, and late charges and interest, if any. (iii) A statement that the Owner shall not be liable to pay the charges, interest, and costs of collection, if it is determined the Assessment was paid on time to the Association. (iv) The right to request a meeting with the Board to discuss a payment plan for the amount owing by the Owner in accordance with California Civil Code §5665. (v) The right to dispute the Assessment debt by submitting a written request for dispute resolution to the Association pursuant to the Association’s "meet and confer" program required pursuant to California Civil Code §§5900-5920. (vi) The right to request alternative dispute resolution with a neutral third party pursuant to California Civil Code §§5925-5965 before the Association may initiate foreclosure against the Owner’s Condominium, except that binding arbitration shall not be available if the Association intends to initiate a judicial foreclosure. (b) Any payments made by an Owner toward delinquent Assessments and other amounts noticed pursuant to Section 8.2(a) shall first be applied to the Assessments owed, and only after the Assessments owed are paid in full shall the payments be applied to the fees and costs of collection, attorney’s fees, late charges, or interest. (c) An Owner may submit a written request to meet with the Board to discuss a payment plan for the delinquent Assessment. The Association shall provide the Owners with the standards for payment plans, if any exist. The Board shall meet with the requesting Owner in executive session within forty five (45) days of the postmark of the request, if the request is mailed within fifteen (15) days of the date of the postmark of the Association’s notice, unless there is no regularly scheduled Board meeting within that period, in which case the Board may designate a committee of one (1) or more members of the Board to meet with the Owner. Payment plans may incorporate any Assessments that accrue during the payment plan period. Payment plans shall not impede an Association’s ability to record a lien on the Owner’s Condominium to secure payment of delinquent Assessments. Additional late fees shall not accrue during the payment plan period if the Owner is in compliance with the terms of the payment plan. In the event of a default on any payment plan, the Association may resume its efforts to collect the delinquent Assessments from the time prior to entering into the payment plan. (d) Prior to recording a lien for delinquent Assessments, the Association shall offer the Owner and, if so requested by the Owner, participate in dispute resolution pursuant to the Association’s "meet and confer" program required pursuant to California Civil Code §§ 5900 – 5920. (e) The decision to record a lien for delinquent Assessments shall be made only by the Board and may not be delegated to an agent of the Association. The Board shall approve the decision by a majority vote of the Directors in an open meeting. The Board shall record the vote in the minutes of that meeting. (f) The amount of the Assessment, plus any costs of collection, late charges, and interest, shall be a lien on the Owner’s Condominium from and after the time the Association causes to be recorded with the county recorder of the County, a notice of delinquent Assessment, which shall state the amount of the Assessment and other sums imposed in accordance with California Civil Code §5650(b), a legal description of the Owner’s Condominium interest against which the Assessment and other sums are levied, and the name of the record owner of the Owner’s Condominium interest which the lien is imposed. The itemized statement of the charges owed by the Owner described in California Civil Code §5660 and Section 8.2(a)(ii) shall be recorded together with the notice of delinquent Assessment. In order for the lien to be enforced by nonjudicial foreclosure as provided in Section 8.3, the notice of delinquent Assessment shall state the name and address of the trustee authorized by the Association to enforce the lien by sale. The notice of delinquent Assessment shall be signed by FINAL PARCEL MAP SUBMITTAL; DRAFT 01-06-20 28 an officer of the Association or by the person designated by the Association for that purpose, or if no one is designated, by the president of the Association. A copy of the recorded notice of delinquent Assessment shall be mailed by certified mail within ten (10) calendar days after recordation to every person whose name is shown as an Owner in the Association’s records. (g) A lien created pursuant to this Section 8.2 shall be prior to all other liens recorded subsequent to the notice of delinquent Assessment, except to the extent this Declaration expressly provides for the subordination thereof to any other liens and encumbrances. (h) Within twenty one (21) days of the payment of the sums specified in the notice of delinquent Assessment, the Association shall record or cause to be recorded in the office of the County recorder in which the notice of delinquent Assessment is recorded a lien release or notice of rescission and provide the Owner a copy of the lien release or notice that the delinquent Assessment has been satisfied. (i) A monetary charge imposed by the Association as a means of reimbursing the Association for costs incurred by the Association in the repair of damage to Common Areas and Common Improvements for which the Owner or the Owner’s guests or tenants were responsible may become a lien against the Owner’s Condominium enforceable by the sale of the Owner’s Condominium under California Civil Code sections 2924, 2924b, and 2924c. (j) If it is determined that a lien previously recorded against a Condominium was recorded in error, the party who recorded the lien shall, within twenty one (21) calendar days, record or cause to be recorded in the office of the County recorder in which the notice of delinquent Assessment is recorded a lien release or notice of rescission and provide the Owner of the Condominium with a declaration that the lien filing or recording was in error and a copy of the lien release or notice of rescission. (k) If it is determined that the Association has recorded a lien for a delinquent Assessment in error, the Association shall promptly reverse all late charges, fees, interest, attorney’s fees, costs of collection, costs imposed for the notice under 7.2(a), and costs of recordation and release of the lien authorized hereunder, and pay all costs related to any related dispute resolution or alternative dispute resolution. (l) If the Association fails to comply with the procedures set forth in this Section 8.2, the Association shall, prior to recording a lien, recommence the required notice process. Any costs associated with recommencing the notice process shall be borne by the Association and not by the Owner of the Condominium. 8.3 Assessment Collection. (a) Subject to the limitations set forth in this Section 8.3, after the expiration of thirty (30) days following the recording of a lien created pursuant Section 8.2, the lien may be enforced in any manner permitted by law, including but not limited to, sale by the court, sale by the trustee designated in the notice of delinquent Assessment, or sale by a trustee substituted pursuant to California Civil Code §2934a. (b) Prior to initiating a foreclosure on an Owner’s Condominium, the Association shall offer the Owner and, if so requested by the Owner, participate in dispute resolution pursuant to the Association’s “meet and confer” program required pursuant to California Civil Code §§ 5900-5920, or alternative dispute resolution as set forth in California Civil Code §§ 5925-5965. The decision to pursue dispute resolution or a particular type of alternative dispute resolution shall be the choice of the Owner, except that binding arbitration shall not be available if the Association intends to initiate a judicial foreclosure. (c) The decision to initiate foreclosure of a lien for delinquent assessments that has been validly recorded shall be made only by the Board and may not be delegated to an agent of the Association. The Board shall approve the decision by a majority vote of the Board members in an executive session. The Board shall record the vote in the minutes of the next meeting of the Board open to all Members. The Board shall maintain the confidentiality of the Owners of the Condominium by identifying the matter in the minutes by the parcel number of the property, rather than the name of the Owners. A board vote to approve foreclosure of a lien shall take place at least thirty (30) days prior to any public sale. (d) The Board shall provide notice by personal service in accordance with the manner of service of summons in California Code of Civil Procedure §§ 415.10 through 415.95 to an Owner of a Condominium who occupies the Condominium or to the Owner’s legal representative, if the Board votes to foreclose upon the Condominium. The Board shall provide written notice to an Owner of a Condominium who does not occupy the Lot by first-class mail, postage prepaid, at the most current address shown on the books of the Association. In the absence of written notification by the Owner to the Association, the address of the Owner’s FINAL PARCEL MAP SUBMITTAL; DRAFT 01-06-20 29 Condominium may be treated as the Owner’s mailing address. (e) Any sale by the trustee shall be conducted in accordance with California Civil Code §§ 2924, 2924b, and 2924c applicable to the exercise of powers of sale in mortgages and deeds of trust. The fees of a trustee may not exceed the amounts permitted under California Civil Code §5710(c). (f) In addition to the requirements of California Civil Code §2924, the Association shall serve a notice of default on the person named as the record owner of the Condominium in the Association records, or if that person has designated a legal representative pursuant to this Section, on that legal representative. Service shall be in accordance with the manner of service of summons in California Code of Civil Procedure §§415.10-415.95. An Owner may designate a legal representative in a writing that is mailed to the Association in a manner that indicates that the Association has received it. (g) A nonjudicial foreclosure by the Association to collect upon a debt for delinquent Assessments shall be subject to a right of redemption as provided in California Civil Code §5715. The redemption period within which the Condominium may be redeemed from a foreclosure sale under this Section ends ninety (90) days after the sale. In addition to the requirements of California Civil Code §2924f, a notice of sale in connection with an Association’s foreclosure of a Condominium shall include a statement that the property is being sold subject to the right of redemption created by California Civil Code §5715. (h) If the Association seeks to collect delinquent Regular Assessments or Special Assessments of an amount less than one thousand eight hundred dollars ($1,800), not including any accelerated assessments, late charges, fees and costs of collection, attorney’s fees, or interest, the Association may not collect that debt through judicial or nonjudicial foreclosure, but may attempt to collect or secure that debt in any of the following ways: (i) By a civil action in small claims court pursuant to California Code of Civil Procedure §§ 116.110 et seq. If the Association chooses to proceed by an action in small claims court, and prevails, the Association may enforce the judgment as permitted under California Code of Civil Procedure §§116.810 et seq. The amount that may be recovered in small claims court to collect upon a debt for delinquent assessments may not exceed the jurisdictional limits of the small claims court and shall be the sum of the following: (A) the amount owed as of the date of filing the complaint in the small claims court proceeding, and (B) in the discretion of the court, an additional amount equal to the amount owed for the period from the date the complaint is filed until satisfaction of the judgment, which total amount may include accruing unpaid assessments and any reasonable late charges, fees and costs of collection, attorney’s fees, and interest, up to the jurisdictional limits of the small claims court. (ii) By recording a lien on the Owner’s Condominium upon which the Association may not foreclose until the amount of the delinquent assessments secured by the lien, exclusive of any accelerated assessments, late charges, fees and costs of collection, attorney’s fees, or interest, equals or exceeds One Thousand Eight Hundred Dollars ($1,800) or the assessments secured by the lien are more than twelve (12) months delinquent. If the Association chooses to record a lien under these provisions, prior to recording the lien, the Association shall offer the Owner and, if so requested by the Owner, participate in dispute resolution as set forth in California Civil Code §§ 5900-5920. (iii) By any other manner provided by law, except for judicial or nonjudicial foreclosure. The limitation on foreclosure of Assessment liens for amounts under the stated minimum in this Section 8.3(h) does not apply to Assessments secured by a lien that are more than 12 months delinquent. 8.4 Waiver of Homestead Protections. Each Owner, to the extent permitted by law, waives the protections of any declared homestead or homestead exemption under the laws of California as applied to any action to enforce the Assessments levied by the Association. ARTICLE IX ENFORCEMENT 9.1 By Action or Alternative Dispute Resolution. In addition to and without limiting the rights and remedies available to the Association under Article VIII, the Association in its own name and on its own behalf, or on behalf of any Owner who consents or in whose name an action is authorized to be prosecuted under this Declaration or by law, shall have the power to commence and maintain actions to collect monetary obligations, for FINAL PARCEL MAP SUBMITTAL; DRAFT 01-06-20 30 damages or to restrain and enjoin any actual or threatened breach or violation of any provision of this Declaration, the other Governing Documents, or Board resolutions, and to enforce by mandatory injunction, or otherwise, all of the foregoing. To the extent the dispute resolution procedures described in Section 9.3 apply to any action by the Association, the Association and the Owner(s) against whom the action is to be filed shall comply with the internal dispute resolution procedures and alternative dispute resolution procedures described in Section 9.3. In all other cases, the Association is authorized, but not required, to perform any act reasonably necessary to resolve any civil claim or action through alternative dispute resolution proceedings, such as mediation, binding arbitration, or non-binding arbitration proceedings. 9.2 Disciplinary Action. In addition to the remedies in Sections 9.1 and any other enforcement rights set forth in this Declaration or the other Governing Documents, or as provided by law, and subject to the due process requirements provided for in Section 9.4 or elsewhere in this Declaration, the other Governing Documents or by law, the Board may impose monetary penalties (including late charges and interest), temporarily suspend for a reasonable duration the Owner’s rights as a member of the Association, and impose other appropriate discipline against any Owner or other person whose act or failure to act violates or threatens to violate any provisions of this Declaration, the Articles, Bylaws, Association Rules or Board resolutions. Any suspension of Owner rights shall not to exceed thirty (30) days per violation unless the suspension is due to a failure to pay Assessments, in which case the suspension may continue until payment is made. Any monetary penalty shall not exceed the amount necessary to compensate the Association or other Owners for loss or expense resulting from such violation, and no suspension or penalty can be imposed unless accomplished in the manner provided for in Section 9.4. 9.3 Dispute Resolution. (a) In accordance with California Civil Code §5905, the Association shall provide a fair, reasonable, and expeditious procedure to its Members for the resolution of disputes between the Association and a Member involving their respective rights, duties, or liabilities under the Davis-Stirling Common Interest Development Act (Cal. Civil Code §§ 4000 et seq.), under the Nonprofit Mutual Benefit Corporation Law (Cal. Corp. Code §§ 7110 et seq.), or under the Governing Documents. In developing a procedure pursuant to this Section, the Association shall make maximum, reasonable use of available local dispute resolution programs involving a neutral third party, including low-cost mediation programs such as those listed on the Internet Web sites of the Department of Consumer Affairs and the United States Department of Housing and Urban Development. In the event of a dispute within the scope of this Section, the Association and Owners who are parties to the dispute shall comply with internal dispute procedures adopted by the Association under California Civil Code §5905, or if the Association has not adopted such internal dispute procedures, the procedure provided in California Civil Code §5915 shall apply and be followed. (b) In addition, before initiating an "enforcement action" as defined in California Civil Code §5925(b), the Association and the Owners who are parties to the dispute shall comply with the alternative dispute resolution requirements set forth in California Civil Code §§5925-5960. 9.4 Notice and Hearing. When the Board is to meet to consider or impose discipline upon an Owner pursuant to Section 9.2, or to impose a monetary charge as a means of reimbursing the Association for costs incurred by the Association in the repair of damage to Common Area and Common Improvements caused by an Owner or the Owner’s guests or tenants, the Board shall notify the Owner in writing, by either personal delivery or Individual Delivery pursuant to Section 15.3, at least ten (10) days prior to the meeting. The notification shall contain, at a minimum, the date, time, and place of the meeting, the nature of the alleged violation for which an Owner may be disciplined or the nature of the damage to the Common Area or Common Improvements for which a monetary charge may be imposed, and a statement that the Owner has a right to attend and may address the Board at the meeting. The Board shall meet in executive session if requested by the Owner. If the Board imposes discipline on an Owner, or imposes a monetary charge on the member for damage to the Common Area or Common Improvements, the Board shall provide the Owner a written notification of the decision, by either personal delivery or individual delivery pursuant to Section 15.3, within fifteen (15) days following the action. A disciplinary action or the imposition of a monetary charge for damage to the Common Areas shall not be effective against an Owner unless the Board fulfills the requirements of this Section 9.4. 9.5 Schedule of Monetary Penalties. If an Association adopts or has adopted a policy imposing any monetary penalty, including any fee, on any Owner for a violation of the Governing Documents, including any monetary penalty relating to the activities of a guest or tenant of the Owner, the Board shall adopt and distribute to each Owner, in the Annual Policy Statement prepared pursuant to Section 6.5(f), a schedule of the monetary penalties that may be assessed for those violations, which shall be in accordance with authorization for Member discipline contained in the Governing Documents. Any new or revised monetary penalty that is adopted by the FINAL PARCEL MAP SUBMITTAL; DRAFT 01-06-20 31 Board may be included in a supplement that is delivered to the Owners by individual delivery pursuant to Section 15.3. A monetary penalty for a violation of the Governing Documents shall not exceed the monetary penalty stated in the schedule of monetary penalties or supplement that is in effect at the time of the violation. The Association shall provide a copy of the most recently distributed schedule of monetary penalties, along with any applicable supplements to that schedule, to any Owner upon request. 9.6 Limitation on Enforcement Remedies. Except as a result of a judgment or decree of a court or a decision arising out of arbitration or a foreclosure or sale under a power of sale based on the failure of the Owner to pay Assessments duly levied by the Association as provided herein, the Association does not have the power or authority to cause a forfeiture or abridgement of an Owner’s right to the full use and enjoyment of the Owner’s Condominium on account of the failure by the Owner to comply with the provisions of this Declaration, Association Rules or other Governing Documents. ARTICLE X INSURANCE 10.1 Owner Insurance. (a) Individual Fire and Casualty Insurance Required. Each Owner shall obtain and maintain, at such Owner’s expense, fire and casualty insurance coverage for such Owner’s Unit, covering damage or destruction for the full insurable value on a replacement cost basis of all Improvements on or within the Unit, including the Residence and all other Improvements within the boundaries of the Owner’s Unit. Such policy shall meet the requirements of the Owner’s Mortgagee, or if no Mortgagee encumbers the Unit, fire and casualty coverage in such form as is customary and consistent with good sound insurance coverage for properties similar in construction, location and use. (b) Owner’s Liability and Personal Property Insurance. Without limiting the requirements set forth above, an Owner may carry whatever personal injury and property damage liability insurance and personal property casualty insurance with respect to the Owner’s Unit and personal property that the Owner desires, provided any such casualty policy shall include a waiver of subrogation clause as provided in sub-clause (d) below. (c) Board Authority to Review Owner Insurance Requirements. The Board may elect from time to time to require the Owners to periodically submit evidence of insurance to the Association showing that the required policies are in force and effect. Nothing in this Section 10.1(c), however, shall impose any duty on the Association or its officers, directors or agents to confirm or otherwise verify that the Owners are carrying the insurance policies required hereunder. (d) Waiver of Subrogation. All insurance carried by the Owners must contain a waiver of subrogation rights by the insurer as to other Owners, the Association, Declarant (as long as Declarant is the Owner of any Unit), and institutional first Mortgagees. 10.2 Association Insurance. The Association shall purchase, obtain and maintain the following policies of insurance: (a) Property Insurance. The Association shall obtain and maintain a policy of fire and casualty insurance for the full insurable value on a replacement cost basis of all Improvements located within the Common Area (including Exclusive Use Common Areas). Such policy shall be in such form as determined by the Board and as is customary and consistent with good sound insurance coverage for properties similar in construction, location and use, and shall meet all requirements of any institutional first Mortgagees. (b) Liability Insurance. The Association shall obtain and maintain comprehensive public liability insurance policy insuring the Association, its directors, officers, committee members, agents, employees and any manager, the Owners, the tenants or other occupants of the Units and their respective family members, guests, agents, employees, and invitees, against any liability arising from any occurrence within the Common Areas (including Exclusive Use Common Areas) or otherwise incident to the ownership or use of the Common Area or Common Improvements, or the performance by the Association of its duties and obligations under this Declaration. Such policy shall be in such form and with such limits as determined by the Board and as is customary and consistent with good sound insurance coverage for properties similar in construction, location and use, and shall meet all requirements of any institutional first Mortgagees. (c) Insurance Requirements. The policies required under this Section 10.2 shall be primary and noncontributing with any other insurance policy covering the same loss; contain a waiver of subrogation as to FINAL PARCEL MAP SUBMITTAL; DRAFT 01-06-20 32 the Association, officers, directors, and the Owners, the Owner’s tenants and their respective family members, guests, agents, employees, and invitees (except to the extent of any deductible); contain a cross-liability or severability of interest endorsement insuring each insured against liability to each other insured; and require at least thirty (30) days written notice to the Association (and to the Owners or Mortgagees who have filed written requests with the carrier for such notice) before the policy can be cancelled or terminated, expired by its terms, not renewed or substantially modified (unless the policy is being replaced with a policy of equivalent coverage); provided, however, that only ten (10) days written notice shall be required in the event of cancellation for the non-payment of the policy premium or installment thereof. (d) Flood and Demolition; Workers Compensation; Fidelity; and Directors and Officers Insurance. The Association may and, if required by any institutional first Mortgagee, shall purchase and maintain a policy of flood insurance and demolition insurance for the Common Areas and Common Improvements in adequate amounts to cover demolition in case of total or partial destruction of the Project and a decision not to rebuild. The Association shall purchase and maintain worker’s compensation insurance, to the extent that it is required by law, for all employees or uninsured contractors of the Association. The Association shall purchase and maintain fidelity bonds or insurance covering members of the Board, officers and employees of the Association and employees of any managing agent, whether or not such persons are compensated for such services, naming the Association as obligee or as insured, which shall be in an amount not less than one hundred fifty percent (150%) of each year’s estimated annual operating expenses and accumulated reserves and which shall be sufficient to meet the requirements of any institutional first Mortgagee. The Association shall obtain and maintain directors’ and officers’ liability insurance in such form and amount as determined by the Board and as necessary to maintain the personal liability exemption under California Civil Code §5800 (or any successor statute). The Association shall purchase and maintain such insurance on personal property owned by the Association, and any other insurance, that it deems necessary, that is reasonably required by any institutional first Mortgagee or that is customarily obtained for developments similar in construction, location and use. (e) Additional Insurance and Bonds. The Association may also purchase and maintain such additional insurance and bonds as the Board may, from time to time, determine to be necessary or desirable. 10.3 Review of Association Insurance. All insurance policies maintained by the Association shall be reviewed annually by the Board, or such more or less frequent period as determined by the Board, but not less than once every three years. Review of the Association’s property insurance policy shall include a replacement cost appraisal of all covered property unless the Board is satisfied that the current dollar limit of the property insurance policy, together with the amount of actual reserves on hand, is equal to or greater than the current replacement costs. Upon review of the insurance policies, the Board shall adjust and modify the policies as the Board determines to be in the best interests of the Association and to provide coverage and protection that is customarily carried by and reasonably available to prudent owners of similar property. To the extent any insurance policy, or endorsement thereof, required under this Article X is for any reason not available, then the Association shall obtain such other or substitute policy or endorsement as may be available which provides, as nearly as possible, the coverage described herein. The Board shall notify the Owners of any material adverse changes in the Association insurance coverage in accordance with Section 10.8. 10.4 Association Administration of Insurance. Each Owner appoints the Association, or any insurance trustee to be designated by the Association, as attorney in fact for the purpose of purchasing and maintaining the Association’s insurance, including the collection and appropriate disposition of the proceeds thereof, the negotiation of losses and execution of releases of liability required for payment of insurance proceeds, the execution of all documents, and the performance of all other acts necessary to accomplish such purpose. The Association or any insurance trustee shall be required to receive, hold, or otherwise properly dispose of any proceeds of insurance in trust for Owners and Mortgagees, as their interests may appear. 10.5 Appointment of Trustee. All property insurance proceeds payable to the Association under any property insurance policies carried by the Association as described in Section 10.2, subject to the rights of Mortgagees as provided in this Declaration, may be paid to a trustee, to be held and expended for the benefit of the Owners, Mortgagees and others, as their respective interests shall appear, as provided in this Declaration or as provided in a separate agreement among the Association, the trustee and any Mortgagees who are loss payees of said insurance proceeds. The trustee shall be a commercial bank in the County that agrees in writing to accept such trust. If repair or reconstruction is authorized, the Association shall have the duty to contract for such work as provided for in this Declaration. 10.6 Adjustment of Losses. Each Owner, by accepting a deed to a Condominium, shall be deemed to appoint the Association as such Owner’s attorney-in-fact to negotiate and agree on the value and extent of any FINAL PARCEL MAP SUBMITTAL; DRAFT 01-06-20 33 loss under any policy carried by the Association, including without limitation, the right and authority to compromise and settle any claim or enforce any claim by legal action or otherwise and to execute releases in favor of any insurer. 10.7 Summary of Insurance Policies. The Association shall distribute to each Owner, as part of the Annual Budget Report prepared pursuant to and in accordance with Section 6.5(e), a summary of the Association’s property, general liability and any other policies carried by the Association, and containing the notice set forth in California Civil Code §5300(b)(9). 10.8 Notification of Any Change. The Association shall, as soon as reasonably practical, provide Individual Notice to all Owners if any of the policies described in the Annual Budget Report have lapsed, been canceled, and are not immediately renewed, restored, or replaced, or if there is a significant change, such as a reduction in coverage or limits or an increase in the deductible, as to any of those policies. If the Association receives any notice of nonrenewal of any of the policies described in the Annual Budget Report, the Association shall immediately notify the Owners if replacement coverage will not be in effect by the date the existing coverage lapses. ARTICLE XI DAMAGE OR DESTRUCTION OF IMPROVEMENTS 11.1 Restoration Defined. As used in this Article XI, the terms “restore”, “restoration” or “restored” shall mean repairing, rebuilding or reconstructing Improvements damaged or destroyed as a result of a fire or other casualty to substantially the same condition and appearance the Improvements existed prior to such damage or destruction, including modifications required by applicable Governmental Requirements or the Town or other governmental body having jurisdiction or as approved by the Board. 11.2 Damage and Destruction to Common Area. If there is a total or partial destruction of the Common Area or any Common Improvements, irrespective of the cause and whether or not covered by insurance, the Association shall cause the damaged or destroyed Common Areas and Common Improvements to be promptly restored, and each Owner shall be obligated to contribute an equal proportionate share of the cost of such restoration over and above the available insurance proceeds carried pursuant to Article X. If any Owner fails to pay their proportionate share, in addition to other remedies available to the Association, the Association may levy a Special Assessment against the Owner and the Owner’s Condominium enforceable under the lien provisions in Article IX or in any other manner provided in this Declaration or by law. The Board or its authorized agent shall obtain bids from at least two (2) licensed and reputable contractors and shall accept the bid from whoever the Board determines to be in the best interests of the Owners. The Association shall have the authority to enter into a written contract with the contractor for the restoration work, and the insurance proceeds and any other available funds shall be disbursed to the contractor according to the terms of the contract. It shall be the obligation of the Association to take all steps necessary to assure the commencement and completion of the restoration work at the earliest possible dates. 11.3 Damage and Destruction to Units. If all or any portion of a Unit (including the Residence and all other Improvements located on or within the boundaries of the Unit) is damaged or destroyed, irrespective of the cause and whether or not covered by insurance, the Owner shall cause the Residence and all such Improvements to be restored within a reasonable period, not to exceed six (6) months following the date of the damage or destruction unless such time period is extended by the Board. The restoration of the Residence and the Improvements on the Unit shall be completed in accordance with the requirements and provisions of this Declaration, and subject to Board approval in accordance with the provisions of this Declaration and the Association Rules. ARTICLE XII CONDEMNATION 12.1 Taking of Common Area. The Association shall represent the Owners in any condemnation proceedings or in negotiations, settlements and agreements with the condemning authority for acquisition of any portion of the Common Area. If an action for condemnation of all or a portion of the Common Area is proposed or threatened by any governmental agency having the power of eminent domain, then, on unanimous written consent of all of the Owners in the Project and subject to the rights of all Mortgagees, the Common Area or a portion of it may be sold and conveyed to the condemning authority by the Association for a price deemed fair and equitable by the Board. After payment of all expenses of the Association in effecting the sale, the sale proceeds FINAL PARCEL MAP SUBMITTAL; DRAFT 01-06-20 34 shall be used by the Association as determined by the Board to reduce future Regular and Special Assessments, acquire replacement Common Area, upgrade remaining Common Area facilities, or distributed to the Owners equally. If the condemning authority institutes condemnation proceedings for the taking of all or a portion of the Common Area, and a sale is not completed pursuant to the above, the court shall fix and determine the condemnation award to each Owner, the Association and any other person having a compensable interest. If the judgment of condemnation does not apportion the award, then the award shall be used by the Association as determined by the Board to reduce future Regular and Special Assessments, acquire replacement Common Area, upgrade remaining Common Area facilities, or distributed to all the Owners equally. 11.2 Taking of Condominiums. In the event of an award for the taking of any Unit or portion thereof by eminent domain, the Owner of such Unit shall be entitled to receive the award for such taking. If the Unit will be vacated or abandoned as a result of such taking, following acceptance of the award, the Owner and its Mortgagees shall be divested of all interest in the Project. The remaining Owners shall decide by majority vote whether to rebuild or repair the Project, or take other action. The remaining portion of the Project shall be resurveyed, if necessary, and the Declaration shall be amended to reflect such taking and to readjust proportionately the percentages of undivided interest of the remaining Owners in the Project. 11.3 Substantial Taking. If there is a substantial taking (more than 50% of the Units or 50% of the Common Area), the Owners may terminate the legal status of the Project and, if necessary, bring a partition action under California Civil Code §4610. The proceeds from the partition sale shall be distributed to the Owners and their respective Mortgagees in proportion to the respective values of the Condominiums affected by the condemnation as of the date immediately preceding the date of the taking as determined by an independent appraisal appointed by the Board. ARTICLE XIII PROTECTION OF MORTGAGEES 13.1 Mortgage Permitted. Any Owner may encumber the Owner’s Condominium with a Mortgage. 13.2 Subordination. Any Assessment lien created or claimed under the provisions of this Declaration is expressly made subject and subordinate to the rights of any first Mortgagee under a Mortgage that encumbers all or a portion of any Condominium, made in good faith and for value and recorded prior to the recordation of a notice of delinquent Assessment, and no such lien shall in any way defeat, invalidate or impair the obligation or priority of such first Mortgage, unless the first Mortgagee expressly subordinates its interest, in writing, to such lien. If any Condominium is encumbered by a first Mortgage made in good faith and for value, the foreclosure of any lien created by any provision set forth in this Declaration for Assessments, or installments of Assessments, shall not operate to affect or impair the lien of the first Mortgage recorded prior to the recording of the notice of delinquent Assessment. On acquisition of title to a Condominium pursuant to the remedies in a Mortgage or pursuant to foreclosure, the foreclosure-purchaser shall not be liable for Regular Assessments assessed against the Condominium and accruing prior to the acquisition of title by the foreclosure-purchaser. The subsequently levied Assessments or other charges may include previously unpaid Assessments, provided all Owners, including the foreclosure-purchaser, and its successors and assigns, are required to pay their proportionate share as provided in this Declaration. 13.3 Effect of Breach or Enforcement. No breach of any provision of this Declaration, nor the enforcement of any of the lien provisions contained in this Declaration, shall invalidate the lien of any first Mortgage made in good faith and for value; provided that all of the covenants, conditions and restrictions in this Declaration shall be binding upon and effective against any Owner whose title is derived through foreclosure sale, trustee’s sale or otherwise. 13.4 Mortgagee’s Right to Examine Records, Appear at Meetings and Furnish Information. Upon written request, the Association shall make current copies of this Declaration, the Articles, the Bylaws, the Association Rules, and the books, records and financial statements of the Association available for inspection by first Mortgagees at a reasonable location and time as arranged by the Association. Mortgagees may appear, but shall not be entitled to vote, at any meetings of the Owners or the Board to draw attention to violations of this Declaration that have not been corrected or that have been made the subject of remedial proceedings or Assessments. Mortgagees may furnish information to the Board concerning the status of any Mortgage. 13.5 Priority in Distribution of Insurance and Condemnation Proceeds. No Owner, or any other party, FINAL PARCEL MAP SUBMITTAL; DRAFT 01-06-20 35 shall have priority over any right of any first Mortgagees of Condominiums under their Mortgages in a distribution to Owners of insurance proceeds or condemnation sale proceeds or awards for losses to or a taking of any Condominiums or the Common Area. Any provision to the contrary in this Declaration or in the Bylaws or other documents relating to the Project is to such extent void. 13.6 Payments by Mortgagees. Mortgagees of Condominiums may, jointly or severally, pay taxes or other charges that are in default and that may or have become a charge against the Common Area and may pay overdue premiums on hazard insurance policies, or secure new hazard insurance coverage on the lapse of a policy, for Common Areas and Common Improvements or other insured property of the Association and, on making any such payments, the Mortgagees shall be owed immediate reimbursement from the Association. This provision shall constitute an agreement by the Association for the express benefit of all Mortgagees and, on request of any Mortgagee, the Association shall execute and deliver to such Mortgagee a separate written agreement embodying this provision. 13.7 Right of First Refusal. Any right of first refusal or option to purchase a Condominium that may be granted to the Association (or other person or entity) shall not impair the rights of a first Mortgagee (i) to foreclose or take title to a Condominium under the remedies provided in the Mortgage; (ii) to accept a deed (or assignment) in lieu of foreclosure in the event of default under the Mortgage; or (iii) to sell or lease a Condominium acquired by the Mortgagee. 13.8 Mortgagee Protections Control Over Other Provisions. In the event of any conflict between the provisions of this Article XIII and any other provisions of this Declaration, the provisions of this Article XIII shall control. ARTICLE XIV AMENDMENT OR REVOCATION 14.1 Before First Transfer. Prior to any transfer of title of a Condominium in the Project to a Person other than Declarant or an affiliate of Declarant, this Declaration may be amended in any respect or revoked by the execution of an instrument amending or revoking the Declaration by Declarant and any Mortgagee of record, subject to obtaining the prior written consent of the Town to the extent required pursuant to Section 14.5. 14.2 After First Transfer. After the transfer of title of the first Condominium in the Project to a Person other than Declarant or an affiliate of Declarant, this Declaration may not be amended in any respect or revoked except by the vote or written consent of all the Owners, which vote or consent shall not be unreasonably withheld, conditioned or delayed. Without limiting the generality of the foregoing, (a) it shall be reasonable for an Owner to withhold such consent or approval of any modification or amendment of this Declaration that will have a material and adverse effect on the ownership and use of such Owner’s Unit or the Owner or occupants of the Owner’s Unit; and (b) conversely, it shall be unreasonable for an Owner to withhold consent or approval of any modification or amendment of this Declaration required to comply with applicable laws and insurance requirements, or required or advisable to conform to customary and professional business practices and procedures for the management and operation of condominium projects substantially similar to this Project. Notwithstanding the foregoing, if any provision of this Declaration requires a greater or lesser percentage of the voting rights of Owners in order to take affirmative or negative action under such provision, the same percentage of such class or classes of Owners shall be required to amend or revoke such provision. If the consent or approval of the Town, other governmental authority, a Mortgagee or other Person is required under this Declaration with respect to any amendment or revocation of any provision of this Declaration, no such amendment or revocation shall be valid unless such consent or approval is obtained. 14.3 Amendments to Correct Errors. Notwithstanding anything in this Declaration to the contrary, Declarant reserves the right as the attorney-in-fact for each Condominium Owner to record an amendment or appropriate instrument of correction to correct any errors in this Declaration or any exhibits hereto, or the Condominium Plan, provided any such amendment shall require the prior written consent of the Town to the extent required pursuant to Section 14.5. The consent or approval of the Association or any Owners shall not be required, provided that if the correction affects the size, location or access or use rights to any Unit or any Exclusive Use Common Area appurtenant to that Unit, the consent of that Unit Owner shall be required. 14.4 Amendments to Conform with Mortgagee Requirements. It is the intent of Declarant that this Declaration and the Articles and Bylaws of the Association, and the Project in general, shall now and in the future meet all requirements necessary to purchase, guarantee, insure, or subsidize any Mortgage of a Condominium in the Project by the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association, and the Federal Housing Administration. The Association and each Owner shall take any action or shall adopt any FINAL PARCEL MAP SUBMITTAL; DRAFT 01-06-20 36 resolutions reasonably required by Declarant or any Mortgagee to amend this Declaration and any other Governing Documents to conform to the requirements of any of these entities or agencies, provided that any amendment to this Declaration shall require the prior written consent of the Town to the extent required pursuant to Section 14.5. 14.5 Amendments Requiring Town Approval. (a) This Declaration shall not be terminated or rescinded without the prior written consent of the Town. (b) The prior written consent of the Town shall also be required for any amendment of this Declaration, the design or purpose of which is to eliminate or materially diminish an obligation of the Association or the Owners to manage, maintain and repair the Common Areas, Common Improvements, the Units and the Improvements located upon or part of the Units, including but not limited to the following provisions of this Declaration Sections 2.7, 2.8, 2.14, 2.15, 2.16, 2.17, 3.4, 3.5 3.9, 6.5(a), and 15.5; all of Article IV; all of Article V; this Section 14.5; and any definition in Article I directly related to any of the foregoing. ARTICLE XV GENERAL PROVISIONS 15.1 Term of Declaration. This Declaration shall continue in full force and effect until the Project is partitioned as authorized herein, or until this Declaration is revoked pursuant to Article XIV hereof. 15.2 Indemnification. To the extent not covered by insurance, each Owner shall be liable to the Association and the other Owners for any damage to the Common Areas (including the Exclusive Use Common Areas) and Common Improvements resulting from the actions or inactions of the Owner, the Owner’s tenants, and their respective family members, guests, agents, employees and invitees. Each Owner, by acceptance of the deed to the Owner’s Condominium, agrees to indemnify each and every other Owner and the Association, and to hold them harmless from, and to defend them against, any claim of any person for personal injury or property damage occurring within the Unit or Exclusive Use Common Areas of the indemnifying Owner, except to the extent that: (i) the injury or damage is covered by insurance in favor of the Association or the indemnified Owners, or (ii) the injury or damage occurred by reason of the willful or negligent act or omission of the Association or another Owner, such Owner’s tenants, or their respective family members, guests, agents, employees and invitees. 15.3 Delivery of Documents & Notices. (a) Delivery of Documents to the Association. Where a document or notice is required to be delivered to the Association under this Declaration or the other Governing Documents, or pursuant to the Common Interest Development Act (California Civil Code §§ 4000 et. seq.), the document or notice shall be delivered to the person designated in the Annual Policy Statement (prepared pursuant to Section 6.5(f)) to receive documents on behalf of the Association. If no person has been designated to receive documents, the document shall be delivered to the president or secretary of the Association. A document or notice delivered to the Association pursuant to this Section may be delivered by e-mail, facsimile, or other electronic means, if the Association has assented to that method of delivery, or by personal delivery, if the Association has assented to that method of delivery. If the Association accepts a document by personal delivery it shall provide a written receipt acknowledging delivery of the document. (b) Association Delivery of Documents and Notices. (i) Where the Association is required to deliver a document or notice by “individual delivery” or “individual notice” pursuant to this Declaration or the other Governing Documents, or pursuant to the Common Interest Development Act (California Civil Code §§ 4000 et. seq.), the document or notice shall be delivered by one of the following methods: (1) first-class mail, postage prepaid, registered or certified mail, express mail, or overnight delivery by an express service carrier, addressed to the recipient at the address last shown on the books of the Association; or (2) e-mail, facsimile, or other electronic means, if the recipient has consented in writing to that method of delivery, which consent may be revoked in writing by the recipient. (ii) Where the Association is required to deliver a document or notice by “general delivery” or “general notice” pursuant to this Declaration or the other Governing Documents, or pursuant to the Common Interest Development Act (California Civil Code §§ 4000 et. seq.), the document shall be provided by FINAL PARCEL MAP SUBMITTAL; DRAFT 01-06-20 37 one or more of the following methods: (1) any method provided for delivery of an individual notice pursuant to Section 15.3 (b)(i) above; (2) inclusion in a billing statement, newsletter or other document that is delivered by one of the methods provided in this section; or (3) posting the printed document in a prominent location that is accessible to all Owners, if the location has been designated for the posting of general notices by the Association in the Annual Policy Statement prepared pursuant to Section 6.5(f). (iii) Notwithstanding subdivision (ii) above, if an Owner requests to receive general notices by individual delivery, all general notices to that Owner given under Section 15.3(b)(ii) shall be delivered pursuant to Section 15.3(b)(i). The option provided in this Section 15.3(b)(iii) shall be described in the Annual Policy Statement prepared pursuant to Section 6.5(f). (c) Secondary Address for Owners. Upon receipt of a request by an Owner (as provided in California Civil Code §5260) identifying a secondary address for delivery of notices of the types provided herein, the Association shall deliver to the secondary address identified in the request an additional copy of those documents and notices to be delivered to the Owner pursuant to the following: Section 6.5(e) (Annual Budget Report), Section 6.5(f) (Annual Policy Statement), Section 7.14 (Delinquent Assessments), and Sections 8.2 & 8.3 (Assessment Liens & Collection – Notice of Default). (d) Electronic Delivery. If the Association or an Owner has consented to receive information by electronic delivery, and the information is required to be in writing pursuant to this Declaration or the other Governing Documents, or pursuant to the Common Interest Development Act (California Civil Code §§ 4000 et. seq.), that requirement shall be satisfied if the information is provided in an electronic record capable of retention by the recipient at the time of receipt. An electronic record is not capable of retention by the recipient if the sender or its information processing system inhibits the ability of the recipient to print or store the electronic record. (e) Time Delivery is Complete. When a document or notice under this Section is delivered by mail, delivery is deemed to be complete on deposit into the United States mail. When a document or notice under this Section is delivered by electronic means, delivery is complete at the time of transmission. 15.4 Enforcement by Suit. (a) In addition to the provision set forth elsewhere in this Declaration, the failure of any Owner to comply with any provision of this Declaration, the other Governing Documents or Board resolutions shall give rise to a cause of action in the Association and any aggrieved Owner for the recovery of damages or for injunctive relief, or both. (b) Each Owner acknowledges and agrees that if any Person fails to comply with any of the provisions of this Declaration, the other Governing Documents or resolution of the Board, money damages may not be adequate compensation. As such, each Owner agrees that in the event of a violation, the non-violating party, in addition to any other remedies available at law or equity, shall be entitled to equitable relief, including without limitation, an order compelling the violating party to perform an act which the party is required to perform under this Declaration, the other Governing Documents or a resolution of the Board, or which is necessary to bring the violating party or such violating party’s Condominium into compliance, or prohibiting the violating party from performing any act that will result in a violation. (c) Any enforcement action by the Association against an Owner shall comply with the provisions of Articles VIII and IX as applicable. If any Owner desires the Association to take an enforcement action, the Owner shall notify the Association in writing of the alleged violation. On receipt of such notice, the Board shall review the matter and determine what action, if any, to take in response to the alleged violation. The Board or the Association, or any director, officer or agent thereof, shall not be liable if the Board in the exercise of its judgment elects not to take any action. If within ninety (90) days after receipt of the notice, the Board has failed to take any corrective action and the alleged violation has not been cured or is continuing, any Owner may bring an action on the Owner’s behalf for appropriate legal or equitable relief. In such action, the Owner shall bear his, her or its own costs and attorneys’ fees, provided that the prevailing party in such action shall be entitled to recover such party’s costs and attorneys’ fees. (d) In the event of a dispute between the Association and an Owner or Owners involving their respective rights, duties, or liabilities under the Common Interest Development Act (California Civil Code §§ 4000 et. seq.) or the Nonprofit Mutual Benefit Corporation Law (California Corporations Code §§ 7110 – 8910), or under the Governing Documents, the Association and Owner who are parties to the dispute shall comply with the internal dispute resolution procedures and alternative dispute resolution requirements as described in Section 9.3. 15.5 Rights of the Town of Tiburon. FINAL PARCEL MAP SUBMITTAL; DRAFT 01-06-20 38 (a) In the event the Association fails to maintain the exterior portions of the Common Area so that owners, and their tenants and guests suffer, or will suffer, substantial diminution in the enjoyment, use or property value of the Project, thereby impairing the health, safety, and welfare of the residents in the Project, the Town, by and through its duly authorized officers and employees, shall have the right to enter upon the Project and to commence and complete such work as is necessary to maintain said exterior portions of the Common Area. (b) The Town shall enter and repair only if, after giving the Association written notice of the Association's failure to maintain the Common Areas, the Association does not commence correction of such conditions within (30) thirty days of delivery of the notice and proceed diligently to completion. (c) The Association agrees to pay all expenses incurred by the Town within (30) thirty days of written demand. Upon failure by the Association to pay within said (30) thirty days, the Town shall have the right to impose a lien for the proportionate share of such costs against the Project. (d) It is understood that by the provisions hereof, the Town is not required to take any affirmative action, and any action undertaken by the Town shall be that which, in its sole discretion, it deems reasonable to protect the public health, safety, and general welfare, and to enforce the regulations, ordinances, and other laws. (e) It is understood that action or inaction by the Town, under the provisions hereof, shall not constitute a waiver or relinquishment of any of its rights to seek redress for the violation of any of the provisions of these restrictions or any of the rules, regulations, and ordinances of the Town, or of other laws by way of a suit in law or equity in a court of competent jurisdiction or by other action. (f) It is further understood that the remedies available to the Town under the provisions of this Section 15.5 shall be cumulative and not exclusive, and the selection of any particular remedy shall not be a bar to the use of any other remedy. Nothing in this Declaration shall operate to limit the Town’s police power, including but not limited to applicable authority under the Town Municipal Code or other applicable state law, to immediately initiate code enforcement proceedings or undertake abatement upon the discovery of a violation. It is understood and agreed that the failure by the Association to maintain the Common Area may be deemed to be a public nuisance, and the Town shall have the right to abate any nuisance condition, assess the costs thereof, and cause the collection of said assessments to be made on the tax roll in the manner provided by pertinent provisions of the Town Municipal Code or any other applicable law. (g) The Town council may, at anytime, relinquish its rights and interest in the Project as herein set forth by appropriate resolution. Any such relinquishment by the Town council shall be effective on the date that the resolution is adopted and a copy thereof is placed in the United States mail, postage prepaid, addressed to the Association. The Association shall execute and record a declaration reflecting such relinquishment within (10) ten days of receipt of a copy of the resolution. (h) This Section 15.5 shall not be amended or terminated without the written consent of the Town. 15.6 Cumulative Remedies. Each remedy provided for in this Declaration shall be cumulative and not exclusive. Failure to exercise any remedy provided for in this Declaration shall not, under any circumstances, be construed as a waiver of the remedy. 15.7 Obligation for Taxes. (a) Segregated Property Taxes. Each Owner shall be obligated to pay any taxes or assessments assessed by the County Assessor of the County against his or her Condominium and against his or her personal property. (b) Unsegregated Property Taxes. Until such time as real property taxes have been segregated by the County Assessor of the County, they shall be paid by the Owners. The proportionate share of the taxes for each Condominium shall be allocated equally among all Condominiums. If, and to the extent that, taxes are not paid by any Owner of a Condominium and are allowed to become delinquent, they shall be collected from the delinquent Owner by the Association. 15.8 Notification of Sale. Concurrently with the consummation of the sale of any Condominium under circumstances whereby the transferee becomes an Owner of the Condominium, or within five (5) business days thereafter, the transferee shall notify the Association in writing of such sale. Such notification shall set forth the name of the transferee, the transferee’s Mortgagee and the transferor, the common address of the Condominium FINAL PARCEL MAP SUBMITTAL; DRAFT 01-06-20 39 purchased by the transferee, the transferee’s and the Mortgagee’s mailing address, and the date of sale. Prior to the receipt of such notification, any and all communications required or permitted to be given by the Association, the Board or the managing agent shall be deemed to be duly made and given to the transferee if duly and timely made and given to said transferee’s transferor. Mailing addresses may be changed at any time upon written notification to the Association. Notices shall be deemed received forty-eight (48) hours after mailing if mailed to the transferee, or to the transferee’s transferor if the Association has received no notice of transfer as above provided, by certified mail, return receipt requested, at the mailing address above specified. Notices shall also be deemed received twenty-four (24) hours after being sent by telegram or upon personal delivery to any occupant of a Condominium over the age of twelve (12) years. 15.9 Violations as Nuisance. Every act or omission in violation of the provisions of this Declaration shall constitute a nuisance and, in addition to all other remedies herein set forth, may be abated or enjoined by any Owner, any member of the Board, the managing agent or the Association. 15.10 No Discriminatory Restriction. No Owner shall execute or cause to be recorded any instrument which imposes a restriction upon the sale, leasing or occupancy of the Owner’s Unit on the basis of race, sex, marital status, national ancestry, color or religion. 15.11 Severability. The provisions of this Declaration shall be deemed independent and severable, and the invalidity or partial invalidity or unenforceability of any provision or provisions shall not invalidate any other provisions. 15.12 Liberal Construction. The provisions of this Declaration shall be liberally construed to effectuate its purpose. Failure to enforce any provision hereof shall not constitute a waiver of the right to enforce said provision thereafter. 15.13 Headings. The headings used in this Declaration are for convenience only and are not to be used to interpret the meaning of any of the provisions of this Declaration. 15.14 Number; Gender. The singular shall include the plural and the plural the singular, unless the context requires the contrary, and the masculine, feminine and neuter shall each include the masculine, feminine or neuter, as the context requires. 15.15 Exhibits. All exhibits referred to are attached to this Declaration and incorporated herein by reference. 15.16 Assignment. The rights of Declarant in this Declaration may be assigned by Declarant to any successor to all or any part of any Declarant’s interest in the Project, as developer, by an express assignment incorporated in a recorded deed that transfers any such interest to a successor or in any other recorded instrument. In the event Declarant shall convey all of its right, title and interest in and to the Property to any Person, then and in such event, Declarant shall be relieved of the performance of any further duty or obligation hereunder, and such Person shall be obligated to perform all such duties and obligations of the Declarant. 15.17 Binding Effect. This Declaration shall inure to the benefit of and be binding on the successors and assigns of the Declarant, and the heirs, personal representatives, grantees, tenants, successors and assigns of the Owners. Declarant has executed this instrument as of the date first written above. “DECLARANT” Richardson Bay Land Co., a California corporation By: ___________________________________ ANDREW ALLEN Its: President FINAL PARCEL MAP SUBMITTAL; DRAFT 01-06-20 1 ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ) ss. COUNTY OF _______________________ ) On , 2018, before me, (here insert name and title of the officer) personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. FINAL PARCEL MAP SUBMITTAL; DRAFT 01-06-20 Exhibit A – Site Map EXHIBIT A SITE MAP RECORDING REQUESTED BY: RICHARDSON BAY LAND COMPANY ..,.,EN RECORD£D MAIL DOCUMENT ro: ANDREW ALLEN BJ BEACH ROAD TIBURON. CALIFORNIA H920 APN 058-301-49 TIBURON. MARIN COUNTY, CA SPACE ABO~ THIS LINE FOR RECORDER'S USE CONDOMINIUM PLAN OAK CREEK TOWN HOUSES A CALIFORNIA COMMON INTEREST DEVELOPMENT IN THE TOWN OF TIBURON, COUNTY OF MARIN, STATE OF CAUFORNIA MAP REFERENCE { AJ SUBJECT DEED TO RICHARDSON BAY LAND COMPANY, RECORDED 7 MARCH 1962, IN BOOK 1548, PAGE 304, OFFICIAL RECORDS OF MARIN COUNTY. [BJ RECORD OF SURVEY FOR LOT LINE ADJUSTMENT" RECORDED 19 DEC 2005 IN BOOK 2005 OF MAPS, AT PAGE 356, ORMC. {CJ •PARCEL MAP •• L YFORD PLACE..• RECORDED 21 JAN 1975 IN BOOK 11 OF PARCEL MAPS, AT PAGE 11, ORMC. SURVEYORS STATEMENT I HEREBY STA TE THAT I AM A LICENSED PROFESSIONAL LAND SURVEYOR UNDER THE LAWS OF THE STATE OF CALIFORNIA, AND THIS PLAN CONSISTING OF 8 SHEETS CONSTITUTES A CONDOMINIUM PLAN AS DEFINED BY CALIFORNIA CIVIL CODE, SECTIONS 4120 AND 4285 AND WAS PREPARED BY ME, OR UNDER MY DIRECTION, AT THE REQUEST OF ANDREW ALLEN, IN THE MONTH OF JANUARY 2016. THIS PLAN CORRECTLY SHOWS THE BOUNDARIES OF THE LAND AND THE RELATION THERETO OF THE UNITS SHOWN THEREON. SIGNED THIS _ DAY OF ____ 2020 STANLEY T. GRAY PLS 6784 REED UNION SCHOOL Dl3TRJCT 84-043299 &: 673 OR 200 \ \ ) BASIS OF BEARING THE BEARING N 31 -09•40• E OF THE CENTER LINE OF LYFORD DRIVE BETWEEN FOUND MONUMENTS AND SHOWN UPON MAP ABOVE REFERENCED [CJ A CLOCKWISE ROTATION OF VICINITY MAP 1 "25'30• WAS APPLIED TO MATCH THE BEARING OF SUBJECT DEED { AJ MAKING THE CALCULATED BEARING FOR THIS MAP N 29•44'10• E AND ALL BEARINGS HEREIN MENTIONED ARE RELATED THERETO. 1•-150• CONDOMINIUM PLAN OAK CREEK TOWN HOUSE APN 058-JOt-49 TIBURON, MARIN COUNTY. CA MERIDIAN !~!~!!1,1!~ 2958 VAN NESS A VENUE 03010 777 GRAND A VENUE. /202 SAN FRANCISCO, CA 94109 SAN RAFAEL, CA 94901 (415) 440-4131 (415) 456-5450 surveyrequest@meridiansurvey.cbm 1 OF B LEGAL QESCR(PllQN TH£ LAND R£F£RR£D TO JS SJTUA TED IN TH£ COUNTY OF MARIN, TOWN OF nSURON, STA TE OF CAUFORNJA, AND JS D£SCR/8£D AS FOLLOWS: PARCEL ON£: PARCEL 1 AS SHOWN UPON THAT CERTAIN MAP £NnTL£D, "PARCEL MAP OAK CR££K TOWN HOUSES# IN TH£ TOWN OF nBURON, CA.': FILED ____ 2020 IN BOOK _ OF PARCEL MAPS, AT PAG£ _ MARIN COUNTY RECORDS. GENERAL NOTES: 1. OAK CR££K TOWN HOUSES CONSISTS OF THR££(3) CONDOMINIUM UNITS AND TH£ COMMON AREA. 2. ·coNDOMIN/UM# MEANS AND R£F£RS TO AN £STA TE IN REAL PROPERTY, AS D£FIN£D IN CALIFORNIA CIVIL COD£ S£CnONS 783 AND 4125, CONSJSnNG OF AN UNDIVIDED F££ INTEREST AS A TENANT-IN-COMMON IN TH£ COMMON AREA AND A S£PARA TE INTEREST IN A UNIT, AS D£SCR/8£D AND SHOWN ONTH£ PARCEL MAP R£F£R£NC£D IN TH£ LEGAL D£SCRJPnON ABOVE (nTL£D"PARC£L MAP PARCEL 1 OAK CR££K TOWN HOUSES#) IN THIS CONDOMINIUM PLAN AND IN TH£ D£CLARA noN OF COVENANTS, CONDJnONS AND R£STRJCnONS FOR OAK CR££K TOWN HOUSES, R£CORD£D CONCURR£NTL y WITH THIS CONDOMINIUM PLAN (TH£ ·ccR'S). OWNERSHIP OF £ACH CONDOMINIUM WITHIN TH£ D£VELOPM£NT INCLUDES A F££ INTEREST IN A UNIT, EXCLUSIVE US£ PARKING 4e STORAGE AREAS AND AN APPURTENANT ONE-THIRD UNDIVIDED INTEREST IN TH£ COMMON AREA. 3. ·uNJt MEANS A S£PARA TE INTEREST IN SPACE AS D£FIN£D IN CIVIL COD£ S£CnON 4185 AND INCLUDES TH£ SPA nAL £LEM£NTS OF A CONDOMINIUM THAT AR£ NOT OWNED IN COMMON WITH TH£ OTHER OWNERS WITHIN TH£ D£VELOPM£NT. ·uNJT 1 • AND ·uNJT 2· AND ·uNJT 3• AND THEIR R£SP£CnVE BOUNDARIES AND COMPONENTS AR£ D£SCR/8£D AND SHOWN IN THIS CONDOMINIUM PLAN, ON TH£ PARCEL MAP, AND IN TH£ CCR'S. 4. £ACH UNIT INCLUDES TH£ AIR SPACE, EARTH, WATER AND IMPROVEMENTS CONTAINED LATERALLY BY TH£ BOUNDARIES OF TH£ UNITS AS SHOWN ON TH£ PARCEL MAP AND TH£ CONDOMINIUM PLAN, AND WITH UPPER AND LO'NER LIMITS THAT EXTEND FOR AN IND£FINITE DISTANCE UPWARDS AND DOWNWARDS (S££ CIVIL COD£ 4285(8)). WITHOUT LIMJnNG TH£ FOREGOING, £ACH UNIT INCLUDES TH£ LAND WITHIN ITS BOUNDAR/£S, TH£ R£SID£NC£ CONSTRUCTED ON TH£ LAND, TH£ YARD AND EXTERIOR AREAS, AND ALL STRUCTURES, LANDSCAPING AND OTHER IMPROVEMENTS NOW LOCATED OR H£R£AFTER CONSTRUCTED WITHIN TH£ BOUNDARIES OF TH£ UNIT, AND THAT AR£ NOT OTH£RWIS£ COMMON IMPROVEMENTS AS PROVIDED IN TH£ CCR'S. 5. TH£ ·coMMON AREA": AS D£FIN£D BY CAUFORNIA CIVIL COD£ S£CnON 4095, INCLUDES ALL OF TH£ D£VELOPM£NT AND ALL IMPROVEMENTS LOCATED WITHIN TH£ D£VELOPM£NT, £XC£PT ALL TH£ UNITS AND TH£ COMPONENTS TH£R£0F, AS D£SCR/8£D IN THIS CONDOMINIUM PLAN, TH£ PARCEL MAP AND TH£ CCR'S. WITHOUT LIMJnNG TH£ FOREGOING, TH£ COMMON AREA CONSISTS OF TH£ AIR SPACE, EARTH, WATER AND IMPROVEMENTS CONTAINED LATERALLY BY TH£ BOUNDARIES OF TH£ COMMON AREA AS SHOWN ON TH£ PARCEL MAP AND THIS CONDOMINIUM PLAN, AND WITH UPPER AND LO'NER LIMITS THAT EXTEND FOR AN IND£FINITE DISTANCE UPWARDS AND DOWNWARDS, AND INCLUDES THOSE AREAS ID£NnFJ£D ON TH£ PARCEL MAP AND THIS CONDOMINIUM PLAN AS "COMMON AREA": AND ALL COMMON IMPROVEMENTS AS D£SCRl8£D IN TH£ CCR'S. 6. £ACH AIR SPACE D£SIGNA TED BY A NUMB£R£D EXCLUSIVE US£ COMMON AREA IS AN EXCLUSIVE US£ £AS£M£NT OVER TH£ COMMON AREA, AS D£FIN£D BY CALIFORNIA CIVIL COD£ S£CnON 4145. R£F£R TO TH£ CC&R'S FOR D£FINJnONS OF THOSE AREA ID£NnFJ£D AS •p• OR #EXCLUSIVE US£ COMMON AREA-PARKING,# AND ·s· OR #EXCLUSIVE US£ COMMON AR£A-STORAG£". 7. TH£ BOUNDARIES OF £ACH •EXCLUSIVE US£ COMMON AREA• SHALL 8£ TH£ INTERIOR UNFINISHED SURFACES OF TH£ WALLS, FLOORS AND CEILINGS. FOR TH£ FULL D£FINJnON OF £ACH •EXCLUSIVE US£ COMMON AREA• AND TH£ COMPONENTS AND £L£M£NTS TH£R£0F, R£F£R TO TH£ CC&R'S. 8. ALL n£S, AREA £L£M£NTS AND UNITS AR£ AT RIGHT ANGLES TO TH£ LINES THEY JOIN, UNLESS NOTED OTH£RWIS£ OR APPARENT FROM TH£ LINES SHOWN TH£R£0N. SHEET INDEX 1. CONDOMINIUM PLAN COVER SH££T 2. LEGAL D£SCRJPnON, G£N£RAL NOTES, L£G£ND, 3. OWNERS C£RnFJCA TE 4. PARCEL BOUNDARY 5. UNIT BOUNDR/£S 6. UNIT DIM£NSION TABLE 7. COMMON AREA BOUNDARY 8. EXCLUSIVE US£ COMMON AREAS LEGEND U UNIT P EXCLUSIVE US£ COMMON AREA PARKING S EXCLUSIVE US£ COMMON AREA STORAGE CA COMMON AREA LEGAL DESCRIPnON & GENERAL NOTES OAK CREEK TOWN HOUSE APN 058-:SOt-49 TIBURON, MARIN COUNTY, CA MERIDIAN !~!~!!1,1!~ 2958 VAN NESS A VENUE 03010 777 GRAND A VENUE. /202 SAN FRANCISCO, CA 94109 SAN RAFAEL. CA 94901 (415) 440-4131 (415) 456-5450 surveyrequest@meridiansurvey.cbm 2 OF 8 OWERS STATEMENT: THE UNDERSIGNED HEREBY CERTIFY THAT KE ARE THE ONLY PERSONS OR ENTITIES HA I/ING ANY RECORD TITLE INTEREST IN THE PROPERTY DESCRIBED IN THIS CONDOMINIUM PLAN, AND DO HEREBY CONSENT TO PREPARATION AND RECORDA TION OF THIS CONDOMINIUM PLAN PURSUANT CAUFORNIA CIVIL CODE SECTION 4285 OWNER: RICHARDSON BAY LAND COMPANY, A CAUFORNIA CORPORATION ANDREW ALLEN, OWNER OWERS ACKNO'MEQGEMENT: A NOTARY PUBUC OR OTHER omCER COMPLETING THIS CERT/FICA TE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERT/FICA TE IS ATTACHED AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT. STATE OF CAUFORNIA COUNTY OF MARIN ON ______ BEFORE ME, .... tN.,.,Aer,M-r"""'&-n"""'fLE----""ot-a"""m-ei"'E_R ... ? --, PERSONALLY APPEARED ___________ __,, WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S} WHOSE NAME(S} IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNA TURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S} ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENAL TY OF PERJURY UNDER THE LAWS OF THE STA TE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND AND OfflCIAL SEAL SIGNATURE OWNERS CERT/FICA TE OAK CREEK TOWN HOUSE APN 058-JOt-49 TIBURON, MARIN COUNTY, CA MERIDIAN !~!~!!1,1!~ 2958 VAN NESS A VENUE 03010 777 GRAND A VENUE. /202 SAN FRANCISCO, CA 94109 SAN RAFAEL, CA 94901 (415) 440-4131 (415) 456-5450 surveyrequest@meridiansurvey.cbm 3 OF 8 60 N W~E s GRAPHIC SCALE 0 30 ---60 ---1 INCH = 60 FEET MAP REFERENCE { A] 2005 RS 356 LEGEND FD FOUND O.R. OFFICIAL RECORD ® MONUMENT AS NOTED / FD STANDARD STREET MONUMENT PER [A] BIRD 2010-0065927 PARCEL BOUNDARY OAK CREEK TOWN HOUSE APN 058-JOt-49 TIBURON, MARIN COUNTY, CA MERIDIAN !~!~!!1,1!~ 2958 VAN NESS A VENUE 03010 777 GRAND A VENUE. /202 SAN FRANCISCO, CA 94109 SAN RAFAEL. CA 94901 (415) 440-4131 (415) 456-5450 surveyrequest@meridiansurvey.cbm 4 OF 8 GRAPHIC SCALE 40 0 20 40 ------1 INCH= 40 FEET UNIT 1 UNITl 10719 +/-SQ. FT. UNIT2 9554 +/-SQ. FT. UNIT3 9472 +/-SQ. FT. CA 37670 +/-SQ. FT. UNITS 1. 2 &: J AIR SPACE NOTES / / / 1. BUILDING FOOTPRINTS FOR REFERENCE ONLY 2. AIR SPACE UPPER-UMIT -INDERNITE 3. AIR SPACE LOWER-UMIT -INDERNITE MAP NOTES 1. SEE SHEET 6 FOR DIMENSION TABLE DA TA 2. SEE SHEET 7 FOR COMMON AREA BOUNDARY 3. SEE SHEET 4 FOR PARCEL MAP REFERENCED LEGEND ----SUBJECT PROPERTY UNE / / / / / / -• • -• • -UNIT & COMMON AREA BOUNDARIES -------EASEMENT LINE -------ADJACENT PROPERTY P EXCLUSIVE USE COMMON AREA CA @® COMMON AREA GARAGE/STORAGE FACIUTY COMMON POINT(S} TIE BETWEEN FLOORS TO PROPERTY BOUNDARY / / / / / / / / / / I I I CONDOMINIUM UNIT BOUNDARIES OAK CREEK TOWN HOUSE APN 058-~t-49 TIBURON. MARIN COUNTY. CA MERIDIAN !~!~!!1,1!~ 2958 VAN NESS A VENUE 03010 777 GRAND A VENUE. /202 SAN FRANCISCO, CA 94109 SAN RAFAEL. CA 94901 (415) 440-4131 (415) 456-5450 surveyrequest@meridiansurvey.cbm 5 OF 8 NUM C1 C2 C3 C4 C5 CURVE TABLE DELTA ARC 73"34'32" 11.56' 1T55'07" 8.13' 53·03'43" 35.41' 45·33'13" 7.31' 2T01 '20" 4.24' LINE TABLE L1 N62.26'23"W L2 N81 ·43'56"E L3 s59·14'16"E L4 N21 ·18' 40"E L5 s45·15•oo"w L6 S4T11'13"W L7 N30.14'01 "W L8 N60·00•3o"E L9 N33"41'04"W L10 N56.18'56"E L11 N33"41'04"W L12 N56.18'56"E L13 N33"41'04"W L14 N33"41'04"W L45 s31 ·09•3o"w RADIUS 9.00' 26.00' 29.81 ' 9.00' 9.00' 94.16' 18.80' 40.35' 10.86' 16.10' 17.43' 49.97' 4.15' 80.50' 13.25' 7.86' 68.15' 65.00' 15.50' 3.64' UNIT DIMENSION TABLE OAK CREEK TOWN HOUSE APN 058-:SOt-49 TIBURON, MARIN COUNTY, CA MERIDIAN !~!~!!1,1!~ 2958 VAN NESS A VENUE 03010 777 GRAND A VENUE. /202 SAN FRANCISCO, CA 94109 SAN RAFAEL. CA 94901 (415) 440-4131 (415) 456-5450 surveyrequest@meridiansurvey.cbm 6 OF' 8 \ \ \ \ COMMON AREA ~~~ ·. ~ , NIT~~-. ~--<·~ ·. rv~~"" "UNIT 1 '-. '-.. "' '-.. '-.... '-.... ./ . / v / / / / / / / / / / / / \ \ \ so· 38' 00"E \ 23.28' \ N W~E s GRAPHIC SCALE 40 0 20 4 - - -- - -1 INCH = 40 FEET COMMON AREA NOTES 1. BUILDING FOOTPRINTS FOR REFERENCE ONLY 2. AIR SPACE UPPER-UMIT = INDEFINITE 3. AIR SPACE LOWER-LIMIT = INDEFINITE MAP NOTE 1. SEE SHEET 6 FOR DIMENSION UN£ AND CURVE TABLE DA TA. LEGEND GARAGE/STORAGE BUILDING CROSS REFERENCE POINT(S) SEE PAGE 8 ~<v / <v~¾ R> / ~0 / CONDOMINIUM ~ ~'.\'<' ~~ /,,,,, COMMON AREA v / BOUNDARY ~ // OAK CREEK TOWN HOUSE APN 058-JOt-49 TIBURON. MARIN COUNTY. CA MERIDIAN !~!~!!1,1!~ 2958 VAN NESS A VENUE 03010 777 GRAND A VENUE. /202 SAN FRANCISCO, CA 94109 SAN RAFAEL, CA 94901 (415) 440-4131 (415) 456-5450 surveyrequest@meridiansurvey.cbm 7 OF' 8 0.5' C l. © 0 .56' 0.4' A ~ AT GRADE ACCESS 40.15' GRAPHIC SCALE I BUILDING FOOTPRINT 10 0 5 10 - - -- - -I 1 INCH = 10 FEET 0.5' 19.31' 8.25' I 10.79 0.4' 0.4 ~ N ~ ~ ~ ~ <O (.,,J ~ S2 ~ ~ N S1 N N S3 N <O <O <O <O 0.5' 0.5' 19.31' 8.25' 10.79' I ~ 0> UPPER LEVEL STORAGE ® 0> 0.5' BUILDING ENTRANCE 8.97' 9.61' 10.02' 9.23' , 0.4' 0.4' 0.4' 0.56' ~ ~ !'.-11 !'.-11 N P1 P2 P3 <O ~-CA N N ~ ~ ~ N N <O ~ <O 0.4' (J'I D I !'.-11 q_ ·5 9.13' 9.61' 10.02' 9.39' o_ ~ LOWER LEVEL PARKING B ® ...., ><::. FOOTPRINT __ 7_.o_· --'I.I STORAGE CEILING 0 cx:i STORAGE FLOOR GARAGE CEILING/FRAMING LO r---- GARAGE FLOOR SECTION X-X NOT TO SCALE .5' C D A\B 0 cx:i LEGEND CA COMMON AREA @ @ GARAGE/STORAGE BUILDING CROSS REFERENCE POINT(S) SEE PAGE 7 Sj EXCLUSIVE USE COMMON AREA STORAGE FOR NOTED AREA Pj EXCLUSIVE USE COMMON AREA PARKING FOR NOTED AREA AT GRADE EXCLUSIVE USE COMMON AREAS OAK CREEK TOWN HOUSE APN 058-~t-49 ACCESS TIBURON. MARIN COUNTY. CA MERIDIAN !~!~!!1,1!~ 2958 VAN NESS A VENUE 03010 777 GRAND A VENUE. /202 SAN FRANCISCO, CA 94109 SAN RAFAEL, CA 94901 (415) 440-4131 (415) 456-5450 surveyrequest@meridiansurvey.cbm 8 OF 8 Page 1 of 2 Town of Tiburon Commission, Board, Committee Application Submit to: Town Clerk Lea Stefani 1505 Tiburon Blvd., Tiburon, CA 94920 lstefani@townoftiburon.org (415)435-7377 TOWN COUNCIL DIVERSITY INCLUSION TASK FORCE APPLICATION DEADLINE FOR SUBMITTAL: WEDNESDAY, OCTOBER 28 AT 5:00 P.M. On October 7, 2020, the Town Council created the Diversity Inclusion Task Force. The Task Force will be made up of 10 individuals – five Town Councilmembers and five residents appointed by the Council. To apply for one of the seats on the Task Force, please submit this completed form to the Town Clerk with a resume. Thank you for your willingness to serve the Tiburon community. Diversity Inclusion Task Force Qualifications - Possess the experience, qualifications, and knowledge either in your professional career, volunteer work, or personal capacities to engage, organize, and provide recommendations to achieve diversity and inclusion goals and policies - Possess awareness about how the role of systemic racism produces inequities the task force will attempt to address - Have the time and schedule flexibility to attend monthly meetings - Have interest in working on policies regarding diversity and inclusion - Be a full-time resident of Tiburon or Belvedere (proof of residency required) Applicant Name Full Name: Date: Applicant Information Address: Street Apartment/Unit City State Zip Phone: Email: Pamela Joy Bonnie 10/28/2020 24 Southridge Rd West Tiburon CA 94920 415.652.8219 pambonnie@comcast.net Page 2 of 2 By submittal of this application, I certify that the home address I have listed above is my primary full-time residence. Signature: Why would you like to serve on the task force? What are your applicable qualifications and experiences? Public Disclosure Notice: Submitted application materials constitute a public record and may be publicized as part of Town Council meeting materials. Pamela Joy Bonnie I would like to serve on this task force because I am passionate about diversity, equity and inclusion and would like to help make our town a better place for everyone. As a resident of Tiburon for 22 years, I have been an active volunteer in the community. My unique personal story and skills that I cultivated through volunteer positions and leadership coursework would enable me to be a strong advisor to the Town/Committee. It is important to give back to the place I live, and I can provide the perspective of the underrepresented groups well in a way that the majority can understand. My unusual and diverse family background gives me insight and empathy into the experience that people of color encounter in Tiburon. I am half Asian (Chinese/Hawaiian) and half Caucasian – and I identify strongly with the Asian half of my racial identity. My extended family is diverse. Through my family, I have a deep understanding of the systemic obstacles that people of color face in town (and in the world). While to some people, they may see me as “white passing,” I know how to navigate the Marin community. Most importantly, I can help people understand why having a diverse and equitable community is in everyone’s best interest. My volunteer experience and education will enable me to help the Town of Tiburon Diversity Inclusion Task Force Committee refine and develop inclusion policies, evaluate best practices, and create guidelines and goals. At my children’s schools, I served on the Diversity Committee of the Board of Trustees and on the Parents Association at Marin Country Day School (MCDS) and Marin Academy. My involvement on the Diversity Committee of MCDS included a multi-year full review of the school’s operations, activities and culture and the follow-through of making recommendations and helping to implement the initiatives. I led the MCDS Parents Association’s efforts to engage and recruit/encourage a wider range of volunteers and ensure that all families feel welcome. As a Coro Northern California Women in Leadership Fellow, I studied with a racially and professionally diverse group of women to develop leadership skills relevant to community building in the workplace. We learned to support and foster a thriving democracy, to collaborate in the public, private and non-profit sectors and to work on change to strengthen our democratic systems. Pamela J. Bonnie www.linkedin.com/in/pamela-bonnie-612ba311 • 415-652-8219 • pambonnie@comcast.net OBJECTIVE: To combine my investing, research and analytical corporate experience with my non-profit management and diversity communication skills to obtain a position in the public policy arena. WORK EXPERIENCE: TM CAPITAL LLC. Tiburon, CA Equity Analyst/Consultant -- Electric, Gas and Power Utility Hedge Fund – 2001 - 2002 ● Fundamental analysis and research for the generation sector: Performed fundamental equity analysis as part of a 4-person team managing a $500 million utility hedge fund based in Tarrytown, New York. Interviewed corporate management teams for the purpose of financial analysis and strategic evaluation of publicly traded companies. Created and maintained financial models. Valued generation facilities. Analyzed impact of new power generation development activities on electric utilities’ stocks. Tracked power prices. Attended analyst meetings and conferences. Tracked legislative developments in California during the power crisis of 2001-2. Met with legislative staff and attended public hearings at the California state capitol. CITIGROUP/SALOMON SMITH BARNEY INC. San Francisco, CA Vice President --- United States Electric Utilities Equity Research – 1996 - 2000 ● Lead electric utility and independent power analyst for Salomon Smith Barney. Ranked number one stock picker in the Wall Street Journal All Star Analysts Survey in 1998. Ranked number one in Greenwich 1998-9 survey for Non-Regulated Power Producers. ● Fundamental analysis: Engaged with electric utility management teams for the purpose of financial analysis and strategic evaluation. Researched and analyzed 20 United States public companies. Created and maintained financial models. Analyzed impact of new power generation development activities on electric utilities’ stocks. Research publications: Wrote research reports to evaluate opportunities and risks of electric utilities’ stocks. Marketing: Marketed research publications and ideas to institutional investors in the US, Europe and Asia. Management: Managed a team of 5 analysts and one assistant. Transactions: Lead managed equity offerings for AES Corporation and Northern States Power. Co-lead manager for AES Corporation, CMS Energy and Calpine Corporation. Advisory: Advised investment bankers on the equity market implications of Unicom and PECO (Excelon). SALOMON BROTHERS INC. Hong Kong Vice-President -- Asia Pacific Electric and Gas Utilities and Independent Power Equity Research – 1993 - 1996 ● Lead electric utility and independent power analyst for Salomon Brothers Asia Limited Inc. Ranked number one Asian Utilities Analyst for 1995 and 1996 by Institutional Investor. ● Fundamental analysis: Engaged with electric utility management teams for the purpose of financial analysis and strategic evaluation. Researched and analyzed 10 Asia-Pacific public companies, including KEPCO, Tenaga Nasional, Meralco, Hong Kong & China Gas, Hong Kong Electric, China Light & Power and Chinese power companies. Created and maintained financial models and was instrumental in the use of break-up valuation analysis. Analyzed impacts of new power generation development activities on electric utilities’ stocks. Performed power generation market research on Thailand and Indonesia. Research publications: Wrote research reports for international institutional client base. Reviewed investment opportunities on a cross-border basis. Marketing: Marketed research publications and ideas to institutional investors in the US, Europe and Asia. Management: Managed a team of analysts and assistants. Transactions: Lead managed privatization of Beijing Datang, a $300 million equity offering. Lead managed Consolidated Electric Power Asia (CEPA) $800 million equity offering, co-lead managed offerings for KEPCO. BARCLAYS De ZOETE WEDD Hong Kong Analyst -- Hong Kong Equity Research - Conglomerates Sector --- 1991 - 1992 ● Fundamental analysis: Created and maintained financial models on the Hong Kong Conglomerates: Hutchison Whampoa and Jardine Strategic Holdings Group. Research publications: Wrote research reports for international institutional client base. Wrote reports on China’s Most Favored Nation trading status with the US. Marketing: Marketed research publications and ideas to institutional investors in Europe and Asia. ELDERS ROACH ASIA LIMITED Hong Kong Analyst -- Hong Kong Equity Research -- Manufacturing Sector – 1989 - 1991 ● Fundamental analysis: Created and maintained financial models on the toys and electronic sector. Research publications: Wrote research reports for international institutional client base. VOLUNTEER WORK EXPERIENCE: MARIN COUNTRY DAY SCHOOL Corte Madera, CA Trustee and Parents Association President, Past President – 2014-2016 ● Served as liaison to the Board of Trustees, Administration and parents of the school community. Built community through recruiting volunteers and promoting events. Manages 44 volunteers. Served in other volunteer roles. Significant work on the Board of Trustees Committee on Diversity and Inclusion. BELVEDERE-HAWTHORNE NURSERY SCHOOL Belvedere, CA President of Belvedere Nursery School Inc. – 2008-2009 ● Established goals for board of directors and set agenda. Responsible for oversight of financial, operational, facilities and fundraising activities of school. Financial: Restructured school’s financial functions, hired new accountant, implemented proper controls and adopted an investment policy. Operational: Identified areas for operational improvements in the areas of human resources, facilities management and implemented the solutions. Management: Implemented new teacher training programs and seminars. Governance: Rewrote by-laws. Established committees for oversight in numerous functions TOWN OF TIBURON Tiburon, CA South of Knoll Playground Renovation Project -- 2004-2009 ● Led a 5-person team to raise $140,000 in 2-phases for the renovation of the Tot- Lot and school-aged children’s playground at South of Knoll Park in Tiburon, California. Fundraising: Solicited donations from private individuals and foundations in the community of Tiburon and Belvedere. Publicity: Wrote press releases advertising events and progress, created a website. Event planning: Orchestrated two family fundraising events. Design: Liaised with playground manufacturers and selected equipment for the site. Worked with Department of Public-Works to finalize design plans and site layout. EDUCATION: Lake Forest College–1989 Lake Forest, IL B.A. in Economics and Politics – with Honors in Politics • Academic honors: Omicron Delta Epsilon. Town of Tiburon Commission, Board, Committee Application Submit to: Town Clerk Lea Stefani 1505 Tiburon Blvd., Tiburon, CA 94920 lstefani@townoftiburon.org (415)435-7377 TOWN COUNCIL DIVERSITY INCLUSlON TASK FORCE APPLICATION DEADLINE FOR SUBMITTAL: WEDNESDAY, OCTOBER 28 AT 5:00 P.M. On October 7, 2020, the Town Council created the Diversity Inclusion Task Force. The Task Force will be made up of 10 individuals -five Town Councilmembers and five residents appointed by the Council. To apply for one of the seats on the Task Force, please submit this completed form to the Town Clerk with a resume. Thank you for your willingness to serve the Tiburon community. Diversity Inclusion Task Force Qualifications -Possess the experience, qualifications, and knowledge either in your professional career, volunteer work, or personal capacities to engage, organize, and provide recommendations to achieve diversity and inclusion goals and policies -Have the time and schedule flexibility to attend monthly meetings -Be a full-time resident of Tiburon or Belvedere (proof of residency required) -Possess awareness about how the role of systemic racism produces inequities the task force will attempt to address -Have interest in working on policies regarding diversity and inclusion Applicant Name Full Name: Noah Webster Griffin Date: 10/28/20 Applicant Information Address: 10 Circle Drive Apartment C Street Apartment/Unit Tiburon CA 94921 City State Zip Phone: 1415 756-3933 Email : noahg rifi n I ifeforce@g mail. com Page 1 of 2 By submittal of this application, I certify that the home address I have listed above is my primary full-time residence. Signature: Noah Griffin Why would you like to serve on the task force? Having spent a lifetime engaged in social justice issues from a very young age, I feel my lived experience as well as professional responsibities have contributed to a broad range of knowledge that would be helpful in not only furthering Tiburon's goals of diveristy and inclusion but of racial understanding. What are your applicable qualifications and experiences? My educational background is as follows: Fisk University BA, Summer Fellowship Yale, JD Harvard Law School, CORO Foundation Public Affairs Fellowship, Phelps Stokes History Fellowship. Full time resident of Tiburon for the past 16 years 8 years prior. Two of my grown children matriculated here K through 8. I helped recalibrate racial curriculum issue in their school. I helped drive the campaign to remove black jockeys from the streets of Tiburon and also helped lead the campaign to change the name of the Dixie School District. I was a legal editor for Commerce Clearing House for 3 years in the area of Title VII employment discrimination. II have given a Title VII seminar for the town of Mill Valley and this year conducted race seminars for Marin's DA's and Probation Department. Public Disclosure Notice: Submitted application materials constitute a public record and may be publicized as part of Town Council meetir.ig materials. Page 2 of 2 From:Noah Griffin To:Lea Stefani Subject:Diversity Inclusion Task Force Date:Thursday, October 22, 2020 11:17:27 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Noah W. Griffin 10 Circle Drive Apt. C Tiburon, Ca 94920 1(415) 756-3933 Please accept my formal application to be part of the Tiburon/ Belvedere Diversity Inclusion Task Force. Qualifications: I am a full-time resident of Tiburon and have been so for the last 16 years. Ihave made my home here for half of the 45 years I’ve lived in Marin. My twoolder sons now 38 and 36 matriculated through the Tiburon K through 8 schoolsystem and played on the soccer and baseball teams. Over the years I have: taken an interest in influencing the local schoolcurriculum making it more racially relevant to mounting a campaign to removeblack jockeys from the streets of Tiburon: and most recently moderating theTown Forum on the recent Main Street Store controversy. On general Marinissues, I helped spearhead the 22-year successful Dixie School District namechange effort. I have given race relations seminars for the County DA’s officeand Probation Department as well as conducted Title VII seminars for the townof Mill Valley. Beyond that I have sat as a citizen member of the Marin IJ editorial board,written on social justice and other Marin County issues for more than 20 yearsfor the newspaper. My Marin board involvements include the Buck Family Fund, the Redwoods,the Marin Theater Company, the Lark Theater. I am also a member of theMarin Forum. The scope of my background is further included in my CV which is included. Thank you, Noah Griffin NOAH W. GRIFFIN10 Circle Drive, Ste C Tiburon, CA 94940415/756-3933Email noahgriffinlfieforce@gmail.com Summary of ExperiencePublic Affairs ConsultantColumnist San Francisco Independent NewspaperClinton/Gore '96 Deputy Campaign Coordinator State of CaliforniaDirector of Public Affairs and Government RelationsPress Secretary to Mayor of San FranciscoPress Spokesperson and Community Relations Outreach ManagerPolitical and Legislative LiaisonMajor Media Talk Show HostPublic Speaker and University LecturerEducated at Harvard Law, Yale, and Fisk UniversitiesCORO Fellow in Public AffairsRecipient of Phelps Stokes History Fellowship Professional Background Public Affairs Consultant, 1999 to present Represent a number of public and private organizations providing strategic planning and tacticalmanagement. Projects include issues management, government relations on a local to national scale,media relations and reputation building. Columnist San Francisco Independent Newspaper 1997 - 1999 As a man about town columnist covered a variety of issues from politics, public affairs to restaurantreviews, plays, art openings, exhibits SF history and general commentary. Deputy Political Director, State of California/Clinton Gore '96 Coordinated Campaign, Los Angeles, September 1996 through November electionHelped form and communicate message and outreach to the African American voter for the state ofCalifornia. Assisted in coordinating visits by the President, Vice President and First Lady to events in SanDiego, Los Angeles, Sacramento and Oakland. Oversaw outreach efforts in major urban areas thought thestate. Served as liaison to African American elected officials and offices of United States SenatorsFeinstein and Boxer as well as Congresspersons and community leaders. Arranged President's telephoneconference call to black leadership in major California cities. Helped field representatives coordinate get-out-the-vote efforts. Assisted in print and broadcast media outreach. Director of Public Affairs, Charles Schwab & Company., Inc. San Francisco, 1995 to 1996 Established Department of Public Affairs and Government Relations, writing mission statement andgoals. Developed Departmental budget. Spearheaded community and public affairs outreach. Initiatedcontact with potential Washington D.C. lobbyists, which have since been retained by Schwab. Oversawpolitical donations and safeguarded integrity of political contributions by strict observance of federal, stateand local regulations. Authored revised political contribution form with appropriate sign-offs. Wrote Jobdescription for position of Jobs for California Graduates. Raised funds for Jobs for California Graduates'first annual Washington D.C. luncheon. Arranged meeting with Charles Schwab and Ambassador ofEngland. as well as meeting between Schwab’s Vice-Chair and the head of the Securities IndustryAssociation. Renewed previously stalled efforts to open a Schwab branch office at West Portal withMayor Willie Brown. Served as company liaison with National Employment Leadership Coalition and SanFrancisco Committee on Jobs. Responsible for Editorial coverage on company projects including Mayor'sSummer Jobs for Youth Program. Fulfilled numerous speaking engagements on behalf of the companyand emceed civic luncheons. Op-Ed Page contributor. Press Secretary to Mayor Frank Jordan of San Francisco, 1993 - 1996 Oversaw the press operations of the mayor's office. Developed and coordinated press strategy. Dealt with print and electronic media. Provided informational link to other city departments. Prior to hiring a speech writer, wrote all speeches for the mayor. Served as spokesperson to the media, made substitute appearances for mayor. Interfaced with offices of Senators Feinstein and Boxer as well as Representatives Pelosi and Lantos and then Speaker of the California State Assembly and now Mayor Willie Brown. Director of Public Information, City College of San Francisco, 1992 - 1993 Under Chancellor Evan Dobelle (now Chancellor Trinity College in Hartford, Connecticut) directed this major institutions external and internal public information activities, serving a population of 90,000 and 140 sites. Worked with Chancellor's Office and members of the Community College Board in developing outreach activities. Served as spokesperson for the college and the Chancellor. Wrote press materials. Member of marketing team spearheaded by the GAP to develop new image for the college. Managed publication of college newsletter, course catalogue and numerous brochures for the school. Columnist, Opinion Page, San Francisco Examiner, June 1989-1992 Wrote weekly commentary for this major city daily newspaper. Contributing writer for book reviews and special features in Image magazine, the then Sunday publication and other sections oft he newspaper. Winner of the 1990 Eugene Block Award for excellence in journalism. Column often syndicated in the Scripps Howard news wire service. Published in such publications as the Boston Globe and San Francisco Magazine. Interviewer/Host KMPT, Channel 32, San Francisco, 1992 - 1993 Produced and hosted this weekly public affairs show on public television station KMPT Talk Show Host, K-101, San Francisco 1993 Produced and hosted weekly public affairs interview show. Talk Show Host KFRC, San Francisco 1992 Produced and hosted weekly interview show. Executive Assistant to the General Manager, Department of Social Services San Francisco, 1985 - 1990 Press spokesperson and community outreach manager for this large city department. Oversaw production of film about fragile infants, securing Danny Glover as host and narrator. Produced audio tape of Christmas reading benefiting the Black Foster Children Fund. Talk Show Host, KGO AM Radio, ABC Owned and Operated, San Francisco, 1980 - 1985 Public Affairs Director/Talk Show Host and Morning Drive D.J. /KYA Radio, 1978 - 1980 Law Editor, Employment Discrimination Law, Employment Practices Decisions Guide, Commerce Clearing House, San Rafael, 1975 to 1978 Legislative Aide, Supervisor now U.S. Senator Dianne Feinstein, City Hall San Francisco, 1973 Deputy Political Coordinator, McGovern for President, Northern California 1971 Related Experience · Appeared twice on The Jim Lehrer News Hours · Wrote and narrated for George Lucas Educational Foundation Films · Selected as one of 22 people nationally for press fellowship to England, 1993 · Traveling Press Secretary, NAACP 1989 Japan Trip. · Democratic Party Advisors trip to Taiwan, February 1993 · Member African American Heritage Trip to Brazil · Organized PR Seminar "Beyond the Press Release" · Taught broadcast management course at University of San Francisco · Wrote Preface to book "Who Killed Martin Luther King" · Cited in 10 books · Singer Walt Tolleson Big Band Community Involvement and Awards · Former Board Member Commonwealth Club of San Francisco · Former Board Member World Affairs Council · Former Board Member Howard Thurman Educational Trust Fund · Former Board Member Mayor's Office of Criminal Justice · Former Member Juvenile Delinquency Commission · 1994 NAACP Regional Challenge Award · Caring For Children Award 1992 · Black Foster Children's Fund Award · Boys and Girls Club Award 1987 · Current Member Buck Family Fund · Current Board Member of the Redwoods · Current Board Member of the Marin Theater Company · Current Board Member of the Lark Theater · Current Member of the Marin Forum Education _ Recipient Phelps-Stokes History Fellowship, 1991 _ -CORO Foundation Fellowship in Public Affairs, San Francisco, CA. 1972-1973 _ Yale Summer Fellowship in History, New Haven Connecticut, 1966 _ Harvard Law School, J. D., Cambridge Massachusetts, 1970 _ Fisk University, B.A. History, Nashville Tennessee, 1967. Musical Resume Noah Griffin has sung professionally since the age of seven. As a soloist for the San Francisco Boy’s Chorus, he performed in La Boheme, Turandot, Carmen and Bor Gudenov, He also appeared withLeontyne Price, Paul Robeson, Nat “King” Cole, Johnny Ray, Eddie Fisher and the Shirelles He has sungwith Eugene Ormandy and the Philadelphia Philharmonic, the Fisk Jubilee Singers, the NashvilleSymphony, the Harvard University Choir and soloed with Duke Ellington. He has performed in Boston,New He has performed in Boston, New York and Los Angeles. Locally he has sung at the Plush Room,the Purple Onion and the Hungry I, and performed with the late Vernon Alley, Allen Smith and the WaltTolleson Big Band. He has composed and sung the original official Ballad of the Golden Gate Bridge andco-composed the song for the Giants’ on Opening Day at Pac Bell Park. Founder and Artistic Director ofthe Cole Porter Society. Noah GriffinThe Cole Porter SocietyOpera Plaza 601 Van Ness Ave. Ste. E428San Francisco, CA 94102415-888-8975 (p)415-756-3933 (c) www.thecoleportersociety.org noah@thecoleportersociety.org. Virus-free. www.avast.comI g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rin Burns 10/22/20 406 Neds Way Tiburon CA 94920 415-900-6962 Erinburns520@gmail.com 5 5 )#% $$ $# $ + "$)$$$ "## & #$ &# ) " ")% /$ "# - $%", -+#) -#) (#'&*#"( (' #&. (&-#)&$$ %) ( #"'",$& "'. ) ' #')& #( ,% $$ $ $" # #$$%$ % " " ) % *# "$ ' % $ $" #- Erin Burns I want to be part of a task force where people want to learn and think deeply about social, econo mic and racial justice issues and who are motivated by an attitude of cultural humility towards the experiences of people of color and low income people. The ability to self reflect and to cultivate i nsight is important in this work; as a white mother raising two children of color, I have to constantly be aware of my own racial privilege when trying to understand my children's experien ces. I want to work with community stakeholders who can check their own privilege and those of their peers and who want to make lasting changes in our community that are grounded in social and racial justice principles in order to address the insidiousness of institutionalized racism that happens everyday. I am a single mom raising two children of color in Tiburon. I live and work in Tiburon and have been active in economic, social and racial justice issues affecting Tiburon and Southern Marin residents for the past several years. In response to these issues, we co-founded a non-profit organization called ALL IN that serves low-income families in Tiburon, which I am currently serving as Co-President. The purpose of our organization is to engage residents and local agencies in addressing the economic and racial disparity experienced by low-income families who live in Tiburon. We have worked hard to develop working relationships with the Reed School District, Tiburon Police Department, Tiburon Community Foundation,The Ranch and The Marin Food Bank. Some of our accomplishments include: 1) Provided scholarships for over 30 children to attend summer camp; 2) In partnership with the Tiburon Police Dept, RUSD PTA and local residents, every year we collect and donate 50 + new school shoes for low income families every year. 3. We are currently in the process of setting up a learning hub for high school students with accessible internet service in partnership with Tamalpais Unified School District and EAH Housing. We have worked hard to cultivate a positive working relationship with the members of the Tiburon Police Department and they have supported all of the community projects that ALL IN has done over the years for low-income families. I look forward to working together with them to address these very important community issues. Erin Burns 406 Ned's Way Tiburon, Belvedere Tiburon, CA 94920 Home: (415) 900-6962 - erinburns520@gmail.com Professional Summary Dedicated, accomplished and energetic teacher with over ten years’ experience in preschool instruction, parent engagement and early childhood curriculum development. Motivated, approachable leader with strong organizational and prioritization abilities and a proven ability to problem-solve, effectively communicate and work collaboratively with others. Skills • Current California Site Supervisor Permit • Responsible for the supervision and training of twelve teachers • Recipient of 2016 Grinspoon Steinhardt Award for Excellence in Jewish Education • Current certification in First Aid/CPR • Completed specialized training as an Emergency Medical Technician and Firefighter Experience JCC Preschool Tiburon Site Director 8/2014 to present Osher Bernard Jewish Community Preschool - Tiburon, CA Fostered an environment that feels welcoming and promotes a sense of belonging: greet children and families upon arrival and departure and facilitate relationships between families. Be available as a resource for consultation and guidance regarding parenting, child development and education. Maintain clear and open communication, including daily interactions, contribution to school’s weekly newsletter, website communications and oversight of all teacher-parent communications. Responsible for supporting the work of the Parents Association. Recruit staff and maintain all aspects of personnel management for preschool, extended care, specialists, optional child care, enrichment and summer program staff. Preschool Teacher 08/2010 to Present Osher Bernard Jewish Community Preschool - Tiburon, CA Planned and implemented early childhood education curriculum. Supervised an assistant and assigned tasks, held monthly meetings. Consulted with specialists to complete developmental and educational assessments for children and implement individualized learning plans. Weekly blogs, portfolios, and documentation. Promoted social/ emotional development in children. Conducted parent teacher conferences and home visits. Collaborated with other teachers and administrators in the development, evaluation, and revision of Jewish preschool programs. Head Teacher 08/2006 to 06/2010 Camelot Preschool - Castro Valley, CA Planned and implemented early childhood education curriculum consistent with the philosophy and practice of the Reggio-inspired school. Responsible for the morning opening and supervision of the classrooms. Served as the head teacher in the two year old classroom; supervised and trained two teachers and a classroom aide in addition to training new staff. Coordinated the daily delegation of tasks to staff, supervised and facilitated the implementation of the daily Reggio-based curriculum. Produced and wrote the monthly newsletter and quarterly assessments for the classroom. Facilitated monthly staff meetings and conducted regular parent/teacher conferences. Teacher 09/2005 to 06/2006 Belvedere-Tiburon Preschool - Tiburon, CA Planned and implemented an early childhood education curriculum consistent with the policies and philosophy of the center. Supervised teaching assistants, communicated with parents on an ongoing basis regarding their children's care. Facilitated parent/teacher conferences. Worked to provide a safe and nurturing educational environment to encourage the children to explore freely. Counselor 01/2002 to 05/2005 San Francisco Boy's & Girl's Home - San Francisco, CA Performed counseling and childcare duties in a residential, therapeutic setting for high-risk, court dependent youth aged 13-18 years old. Assigned shift leader responsibilities that included training new staff, delegating tasks to staff and residents, planned meals, managed budget and spending for activities and household expenses. Updated written record on resident's daily progress on identified behavior treatment goals. Participated in regular training on utilizing conflict management skills and behavioral intervention techniques to promote pro-social behaviors and positive cognitive and emotional growth in residents. Education Associate of Arts: Liberal Arts 06/2017 College of Marin - Kentfield, CA Degree in progress. (Current California Site Supervisor Permit) Town of Tiburon Commission, Board, Committee Application Submit to: Town Clerk Lea Stefani 1505 Tiburon Blvd., Tiburon, CA 94920 lstefani@townoftiburon.org {415)435-7377 TOWN COUNCIL DIVERSITY INCLUSION TASK FORCE APPLICATION DEADLINE FOR SUBMITTAL: WEDNESDAY, OCTOBER 28 AT 5:00 P.M. On October 7, 2020, the Town Council created the Diversity Inclusion Task Force. The Task Force will be made up of 10 individuals -five Town Councilmembers and five residents appointed by the Council. To apply for one of the seats on the Task Force, please submit this completed form to the Town Clerk with a resume. Thank you for your willingness to serve the Tiburon community. Diversity Inclusion Task Force Qualifications -Possess the experience, qualifications, and knowledge either in your professional career, volunteer work, or personal capacities to engage, organize, and provide recommendations to achieve diversity and inclusion goals and policies -Have the time and schedule flexibility to attend monthly meetings -Be a full-time resident of Tiburon or Belvedere {proof of residency required) -Possess awareness about how the role of systemic racism produces inequities the task force will attempt to address -Have interest in working on policies regarding diversity and inclusion Applicant Name Uma Lerner 10/25/20 Full Name: Date: Address: Phone: Applicant Information 6 Venus Court ----------------------------------Street Tiburon City ( 415) 218-0684 Email: ----------- Apartment/Unit CA State uma.lerner@gmail.com 94920 Zip Page 1 of 2 By submittal of this application, I certify that the home address I have listed above is my primary full-time residence. Signature: --'l::e:c:s?::::::===~===;;;;;;;;:;:=----==--c::>-=------------------ Why would you like to serve on the task force? I love Tiburon. I love the close knit community, the international population, the great school district, the multitude of activities, and ease of communication with the Town. I have been proud of Tiburon leadership's and much of the community's response to COVID, SIP, and BLM. My desire in serving on the task force is to protect the small town feel that makes Tiburon so special, while expanding people's idea of what Tiburon looks like and does. I think of it as having an honest and fully inclusive "WE" when we say "We Ti buron." Tiburon is more diverse than people realize. One way to address that is by making our community's cultural programming truly reflective of our community. The Diversity and Inclusion Task Force can be an important vehicle in expanding Tiburon's cultural activities to reflect the true diversity that is present in Tiburon. We can also prioritize and assist the Town's leadership, police force, and community organization in getting to know our residents even better. Building and strengthening community in these ways is a significant challenge today because of COVID and shelter in place. I believe that we have good options, even under these circumstances, to get to know our residents better and provide cultural/ community activities. I am excited to have an opportunity be able to brainstorm and launch those new programs to build an inclusive community where everyone is seen, heard, and celebrated. What are your applicable qualifications and experiences? I have lived in Tiburon for the past 8 years, and have been involved in the community at various levels via my neighborhood board, Reed School District, the library, the Chamber, Southern Marin Mothers Club, and other groups and events. I am a practicing psychiatrist, now mostly working and seeing patient via Zoom. My professional expertise is in facilitating deep and difficult conversations and managing and promoting mental health and wellness. In addition to clinical work, I also teach on the topic of mental health to medical students, psychiatry residents, and psychology interns and to the general public via articles, lectures, and discussions. I have experience in organizational leadership though the various boards and committees I have served on (see below) and currently I am serving as an advisor to a small online medical company. I have specifically written about and taught on women and cross cultural perspectives. I have experience serving on community boards and communities. Belveron East Neighborhood Association Board Osher Marin Jewish Community Center Executive Board Osher Marin Jewish Community Center Development Committee Kuttie Library Founder and Executive Board Reed School Strategic Planning Collaborative Kol Shofar Family Engagement Committee Northern California Psychiatric Society Public Disclosure Notice: Submitted application materials constitute a public record and may be publicized as part of Town Council meeting materials. Page 2 of 2 Uma Lerner, MD page 1 of 8 Uma Lerner, M.D. 3653 Buchanan St., Unit A San Francisco, CA 94123 (415) 561-9930 uma@umalernermd.com www.umalernermd.com EDUCATION 2005 – 2008 University of California, San Francisco Residency, General Adult Psychiatry 2004 – 2005 Menninger Department of Psychiatry, Baylor College of Medicine, Houston Internship 2000 – 2004 Baylor College of Medicine, Houston, Texas M.D. 1996 – 2000 Rice University, Houston, Texas B.A., Major: Sociology ADDITIONAL TRAINING 2014 American Academy of Psychiatry and the Law Forensic Psychiatry Review Course 2012 American College of Physician Executives Hospital Management Courses 2011 San Francisco Veterans Affairs Hospital, UCSF ECT Clinical Training 2011 International Society for ECT and Neurostimulation ECT Certification Course 2009 San Francisco Center for Psychoanalysis Foundations of Psychoanalytic Psychotherapy Course LICENSURE AND BOARD CERTIFICATION 2009 – present Psychiatry, American Board of Psychiatry and Neurology 2005 – present Physician and Surgeon, Medical Board of California 2005 – present Controlled Substances Registration Certificate, DEA ACADEMIC APPOINTMENTS 2009 – present Assistant Clinical Professor Department of Psychiatry, UC San Francisco School of Medicine 2008 – 2009 Clinical Instructor Department of Psychiatry, UC San Francisco School of Medicine Uma Lerner, MD page 2 of 8 HOSPITAL PRIVILEGES 2013 – 2014 California Pacific Medical Center, San Francisco 2011 – present Veterans Affairs Medical Center, San Francisco 2009 – 2013 Marin General Hospital, Greenbrae PROFESSIONAL EMPLOYMENT 2019 – present Advisor AAVIA Advising start up on medical questions and women’s health issues. Write blog posts for company blog and Medium.com on women’s health topics and create short videos for company material and TikTok. Assist company employees on the medical aspects of their job tasks. Advise potential investors and company board on clinical aspects of company product and audience. 2014 – present Private Practice Psychiatrist San Francisco Focusing on women’s lives. Examining the contribution of hormones on mood and anxiety through the years and during life transitions. Addressing family-work-life balance and the presence of gender preconceptions in a changing social landscape. Clinical specialties include management of psychiatric illness during fertility treatment, pregnancy, and during the post-partum phase, and ADHD in women. 2013 – 2014 Assistant Medical Director of Inpatient Psychiatry Service California Pacific Medical Center • Direct supervision and teaching of a team of two residents, one psychology intern, and one medical student. • Worked with Medical Director to create PGY-1 Orientation curriculum. • Active role in Department Chair/ Training Director search. Composed letter to search committee on behalf on department and spoke to search committee directly. • Active role in resident interview and recruitment process. • Mentored residents on quality improvement projects, grand rounds presentations, and evidence based medicine presentations. 2013 – 2014 Assistant Medical Director of Consult Liaison Service California Pacific Medical Center • Direct supervision and teaching of residents. 2013 Acting Chief of Psychiatric Emergency Services California Pacific Medical Center • Negotiated agreement for psychiatry department to support St Luke's ER without an increase in workload or cost. • Liaisoned between CPMC Departments of Psychiatry and Emergency Services. • Oversaw psychiatric services at Davis and Pacific Campus Emergency Departments. • Served on root cause analysis committee to address an emergency room red event. • Supervised resident psychiatrists in provision of emergency services. • Educated resident psychiatrists in evaluation, triage, and management of psychiatric emergencies. 2011 – 2013 Psychiatry Department Chair Marin General Hospital Uma Lerner, MD page 3 of 8 • Supervised and supported psychiatrists and psychologists in clinical work and professional behavior. • Recruited psychiatrists and neuropsychologists. • Served on the hospital Medical Executive Committee, Computer Physician Order Entry Steering Committee, and Spine & Brain Institute. • Collaborated with department and hospital leadership across disciplines in improving clinical process, continuing education, and professional development. • Created a monthly department update, which facilitated communication and improves teamwork amongst physicians, nurses, social workers, and other staff. • Led the department in revising admission order set, medication consent process, and bylaws regarding ECT. • Supported department members in providing the highest standard of patient care; review ethics and risk management issues; liaison with quality improvement and risk management. • Implemented hospital and department bylaws, state and federal regulations, and JCAHO and CMS standards. • Liaised with county, courts, and, conservatorship systems. 2009 – 2013 Staff Psychiatrist Marin General Hospital Evaluated and treated patients on adult inpatient psychiatric, medical, and surgical units. Patient diagnoses were mostly schizophrenia, bipolar disorder, major depression, borderline personality, and co- occurring substance abuse/ dependence. Patient population was culturally diverse and included geriatric patients with co-morbid medical diagnoses. Provided psychiatric treatment in Spanish for monolingual Spanish speakers. Collaborated with social work and nursing around treatment of patients’ psychiatric illness and social needs. Collaborated with patients, families, Marin and Sonoma counties, and outside providers to ensure continuity of care and wrap around services as needed. 2008 – 2013 Private Practice Psychiatrist Tiburon Provided psychotherapy and medication management, including the treatment of mental illness in the context of substance abuse. Worked with adults, adolescents, families, and couples. Specialized in pregnancy and post-partum mood disturbances, grief and mourning, and treatment resistant disorders. Worked closely with other psychotherapy professionals in split-treatment for mood and thought disorders. NOTABLE CLINICAL EXPERIENCE 2008 Senior Resident, Infant-Parent Program San Francisco General Hospital, UCSF Provided clinical work for parents and infants after a family experience of trauma. Supervised by Alicia Lieberman, Ph.D. 2006 – 2007 Resident, Women, Mood, and Hormone Clinic Langley Porter Psychiatric Institute, UCSF Evaluated psychiatric and sexual issues in women related to hormonal changes or imbalances as well as psychodynamic issues. Supervised by Louann Brizendine, M.D. TEACHING EXPERIENCES 2013 – present Psychotherapy Supervisor, Langley Porter Psychiatric Institute UCSF Psychiatry Residency Program Psychotherapy supervisor for 3rd and 4th year psychiatry residents. Modalities include psychodynamic psychotherapy, CBT, DBT, and IPT. Uma Lerner, MD page 4 of 8 2013 – 2014 Teacher, PGY-1 Orientation to Law and Ethics Curriculum CPMC Psychiatry Residency Program 2013 – 2014 Teacher, PGY-3 Brief Psychotherapy Course CPMC Psychiatry Residency Program 2013 – 2014 Teacher, PGY-1 Psychodynamic Psychotherapy Course CPMC Psychiatry Residency Program 2013 – 2014 Teacher, PGY-2 Psychodynamic Psychotherapy Course CPMC Psychiatry Residency Program 2013 – 2014 Psychotherapy Supervisor, CPMC CPMC Psychiatry Residency Program Psychotherapy supervisor for 3rd year psychiatry residents. Modalities include psychodynamic psychotherapy, CBT, DBT, and IPT. Member of psychotherapy supervisors group. 2011 – 2015 Attending Psychiatrist, Mood Clinic San Francisco VA Medical Center, UCSF Provided clinical supervision of second-year psychiatry residents, medical students, and psychology and social work trainees with an emphasis on cultural competency and working collaboratively within a multidisciplinary team of providers. Patient population included primarily depression, bipolar disorder, borderline personality, and co-occurring substance use disorders. 2008 – 2013 Attending Psychiatrist, Brain, Mind, and Behavior Course UCSF School of Medicine Instructed first year medical students in basic psychiatric diagnoses and concepts, including the psychiatric interview, mental status examination, oral presentations, and legal holds. 2008 – 2010 Attending Psychiatrist, Psychotherapy Second Opinion Clinic UCSF Langley Porter Psychiatric Institute Provided a tertiary referral service for complex psychotherapy cases. Co-taught with Mardi Horowitz, M.D. This included teaching of advanced psychotherapy concepts, clinical supervision, and mentorship of residents’ senior projects. 2006 – 2008 Small Group Leader, Brain, Mind, and Behavior Course UCSF School of Medicine Co-taught introductory psychiatric concepts to pre-clinical medical students in a small group setting. 2005 – 2006 Lecturer, Psychiatry Clerkship Curriculum UCSF School of Medicine Co-taught third year clinical medical student lectures. Topics ranged from personality disorders to legal issues to pharmacologic treatments. 2003 – 2005 Teaching Assistant, Menninger Department of Psychiatry Baylor College of Medicine Led psychiatry clerkship review course to prepare 3rd and 4th year medical students for psychiatry shelf exam. 1999 - 2000 Teaching Assistant, Department of Sociology Rice University Organized and lead tutorial sessions for two upper-level sociology classes. Graded class papers. Uma Lerner, MD page 5 of 8 1998 – 1999 Teaching Assistant, Department of Biology Rice University Organized and taught Introductory Biology tutorial sessions; graded homework and exams. 1998, 1999 Teacher, 6th and 8th Grade Summerbridge Houston Taught math and conflict resolution classes to inner-city students. TEACHING AIDS AND CURRICULA 2013 – 2014 PGY-3 Brief Psychotherapy Curriculum, CPMC CPMC Psychiatry Residency Program Created Brief Psychotherapy Course curriculum along with Jeremy Bornstein, Ph.D. for 3rd year psychiatry residents. 2013 – 2014 PGY-1 Orientation to Law and Ethics Curriculum, CPMC Proposed and created overall PGY-1 orientation curriculum with Inpatient Medical Director. Created and taught PGY-1 Orientation to Law and Ethics Curriculum. 2006 - 2010 Clinicians Coping with Suicide Curriculum, Department of Psychiatry, UCSF Created a curriculum to teach clinicians to manage medical, legal, and emotional ramifications of a patient suicide. Also created a format in which an institution can provide support and guidance for residents and other clinicians after a patient suicide. Curriculum continues to be taught to entire UCSF psychiatry residency every other year. 2006 - 2007 Psychiatry Board Study Guide, Educational Testing and Assessment Systems Served on the Resident Review Board to review and revise Psychiatry Board Study Guide. 2003 - 2004 Mental Health Track Curriculum, Baylor College of Medicine Co-wrote and submitted proposal for a new mental health track for third year medical school Longitudinal Ambulatory Care Experience Course, which is now a part of the school’s standard curriculum. 1997 – 1998 Curriculum Coordinator, Religious Studies Department Rice University Wrote and submitted proposal for Hinduism 101 class to address a lack of Hindu study curricula in the Rice religion department. After the proposal was accepted, conducted a nationwide search for a professor and secured funding for the class. The Hinduism curriculum continues to be an integral aspect of the religious studies education. SERVICE TO PROFESSIONAL PUBLICATIONS 2009 – 2016 Reviewer, Academic Psychiatry Review submitted articles in areas of cultural psychiatry, student support and mentorship, and medico- legal issues. SERVICE TO PROFESSIONAL ORGANIZATIONS 2011 – 2013 Founder and Coordinator Bay Area Inpatient Psychiatry Directors’ Work Group Uma Lerner, MD page 6 of 8 Created a forum to bring together the psychiatry inpatient leadership from all major Bay Area hospitals to increase and improve communication and cooperation. 2010 – 2013 Member, Budget and Finance Committee Northern California Psychiatric Society Manage the organization’s yearly budget and investments. 2008 – 2013 Co-Chair, Professional Education Committee Northern California Psychiatric Society • Increased the organization’s CME offerings to address a diversity of professional interests. Programming included a conference on the interface between neurology and psychiatry and another on complex psychopharmacology. • Initiated collaboration with UCSF and local community organizations. • Engaged psychologists, social workers, and nurses in CME programs and increased outreach to NAMI and other patient groups. • Work closely with Treasurer and Budget and Finance committee to manage a large and complex budget, as Professional Education Committee generates a large portion of organization’s income. 2009 – 2010 Councilor at Large Northern California Psychiatric Society • Developed resources for member recruitment and retention. • Refocused programming to increase member collaboration and fellowship. • Developed programs for residents and early career members to strengthen the future of the organization. 2008 Resident Representative, Strategic Planning Committee Northern California Psychiatric Society Refocused the organization’s direction to ensure longevity by revising the mission statement, creating strategies for recruitment and relevance to members, and increasing revenue. HONORS & AWARDS 2014 Foundation Grant for Cognitive Behavioral Therapy training, CPMC 2011 Committee Person of the Year (Professional Education Chair), NCPS 2008 Creative Activity Award, Department of Psychiatry, UCSF 2008 Spiegel Fellowship, Society for the Study of Psychiatry and Culture 2007 Resident Teaching Fellowship, UCSF 2001 Medical Education Cooperation with Cuba Program, Havana, Cuba POSTERS Jessica Ellinoy, Sally Ryan, Prapti Mehta, and Uma Lerner. “Assessment of Resident Satisfaction in the Process of Selecting a New Residency Director.” Association for Academic Psychiatry. 2014 Iljie Fitzgerald, Kristen Brooks, Matt Fitzpatrick, Uma Lerner, Ellen Haller. "Coping with Patient Suicide" Curriculum. University of California, San Francisco Education Day. 2009. Uma Lerner, MD page 7 of 8 PRESENTATIONS September 2020 Chronic Menstrual Pain and Mental Health Mental Health America, Webinar March 2018 Fostering Resiliency in Ourselves and our Patients San Francisco Psychotherapy Research Group December 2017 Psychological Effects of Sexism and Gender Stereotyping San Francisco Psychotherapy Research Group November 2014 Mental Health and the Asylum Seeking Process Tahirih Justice Center, Houston, TX November 2014 Psychological Effects of Trauma Tahirih Justice Center, Houston, TX November 2013 Coping with Suicide CPMC, Department of Psychiatry Grand Rounds September 2012 SSRI’s in Pregnancy Marin General Hospital Grand Rounds April 2012 OB Crisis in a Patient with Schizophrenia Marin General Hospital Grand Rounds July 2011 Depression and Stress Tiburon-Belvedere Rotary Club, Tiburon, California March 2011 Cultural Competency Guidelines: A New Look Northern California Psychiatric Society, Monterey, California May 2010 Adopting Cultural Competency Guidelines to Consider Intra-ethnic Oppression Affecting Disenfranchised Subgroups, International Conference on Sociology, Athens, Greece June 2008 The Culturally Sensitive Therapist and Identity Conflict within a Patient Society for the Study of Psychiatry and Culture Annual Conference, San Francisco, California May 2008 Supporting Residents after a Patient Suicide San Francisco General Hospital Grand Rounds March 2008 When a Resident has a Patient Suicide: Reactions, Implications, & Training Program Response American Association of Directors of Psychiatry Residency Training Conference, New Orleans, Louisiana March 2008 When a Psychiatrist has a Patient Suicide: Reactions, Implications, & Training Program Responses Northern California Psychiatric Society, Monterey, California PEER REVIEWED PUBLICATIONS Uma Lerner, MD page 8 of 8 Lerner, U, Brooks, K, McNiel, D, Cramer, R, and Haller, E. Coping with Patient Suicide: A Curriculum for Psychiatry Residency Training Programs. Academic Psychiatry 2012 Jan 1;36(1):29-33. Horowitz, Mardi J and Lerner, U (2010). Treatment of Histrionic Personality Disorder in Clarkin, Fonagy, and Gabbard (Eds), Psychodynamic Psychotherapy for Personality Disorders (pg 323- 348) American Psychiatric Association Press. Thirugnanasampanthan U, Foster A, Rauch RA. Reversible cerebral atrophy: a case report and literature review. General Hospital Psychiatry. 2006; 28(5):458-462. NON-PEER REVIEWED PUBLICATIONS Lerner, U. What are Hormones. Medium. Aug 2020. Lerner, U. Do Oral Contraceptives Affect Fertility. Medium. Jan 2020. Lerner, U. Making the Pill Work for You. Medium. Jul 2019. Lerner, U. A Dog in the Office. The SMMC Crier. May 2017. Lerner, U. A Dog in the Office. The SMMC Crier. Oct 2016. Lerner, U. A Dog in the Office. The SMMC Crier. Apr 2016. Lerner, U. A Dog in the Office. The SMMC Crier. Nov 2015. Lerner, U. A Dog in the Office. San Francisco Medicine. Jan 2010. Page 1 of 2 Town of Tiburon Commission, Board, Committee Application Submit to: Town Clerk Lea Stefani 1505 Tiburon Blvd., Tiburon, CA 94920 lstefani@townoftiburon.org (415)435-7377 TOWN COUNCIL DIVERSITY INCLUSION TASK FORCE APPLICATION DEADLINE FOR SUBMITTAL: WEDNESDAY, OCTOBER 28 AT 5:00 P.M. On October 7, 2020, the Town Council created the Diversity Inclusion Task Force. The Task Force will be made up of 10 individuals – five Town Councilmembers and five residents appointed by the Council. To apply for one of the seats on the Task Force, please submit this completed form to the Town Clerk with a resume. Thank you for your willingness to serve the Tiburon community. Diversity Inclusion Task Force Qualifications - Possess the experience, qualifications, and knowledge either in your professional career, volunteer work, or personal capacities to engage, organize, and provide recommendations to achieve diversity and inclusion goals and policies - Possess awareness about how the role of systemic racism produces inequities the task force will attempt to address - Have the time and schedule flexibility to attend monthly meetings - Have interest in working on policies regarding diversity and inclusion - Be a full-time resident of Tiburon or Belvedere (proof of residency required) Applicant Name Full Name: Date: Applicant Information Address: Street Apartment/Unit City State Zip Phone: Email: Anh Sundstrom 10/23/2020 48 Red Hill Circle Tiburon CA 94920 415-963-2204 aqsundstrom@gmail.com Page 2 of 2 By submittal of this application, I certify that the home address I have listed above is my primary full-time residence. Signature: Why would you like to serve on the task force? What are your applicable qualifications and experiences? Public Disclosure Notice: Submitted application materials constitute a public record and may be publicized as part of Town Council meeting materials. Anh Sundstrom Back in June, in the wake of our nation's much-needed difficult conversations about race and policing, I started a personal research project. Feeding on curiosity that came from that research, I turned and looked at our town with fresh eyes. Many policy ideas were out there, they've *been* out there for years, studied by researchers who have been doing this work for a long time. But not all were relevant to our town. We have such unique circumstances and I wanted to compile a list of recommendations that honored that. I outlined these ideas in a document that I shared with several councilmembers after the Town Forum. These are not my ideas, and they are not new ideas. But they are actionable ideas. I am passionate about doing my part to help bring about positive changes in our community and would love to see progress made on the ideas presented in that document. I am a first-generation Vietnamese-American and my first language was Vietnamese. I feel that my experiences have helped me become especially sensitive and empathetic to issues around race and diversity. Education: Bachelor of Science, Psychology (BioPsychology) at UC San Diego Work experience: 14 years of experience in Marketing (medical devices, consulting, content creator) Volunteer experience: St. Jude Children's Research Hospital, Nor-Cal Advisory Council member & Volunteer Urban Ed Academy, Volunteer PROFILE An attorney with 40 years of experience in civil litigation, employment law, sexual harassment, catastrophic injuries, wrongful death and real estate transactions. PROFESSIONAL EXPERIENCE PRO BONO ATTORNEY , Mill Valley and Tiburon, CA. 2006- 2020. Work included wrongful death, wrongful termination, employment law, ADA discrimination, age discrimination and real estate litigation. LAW OFFICES OF MAURER AND MANOS. San Francisco and Mill Valley CA. 2000- 2006. Complex litigation, including sexual harassment, employment law, personal injury, including wrongful death, contract law and real estate law. Tried, mediated, arbitrated, or settled hundreds of cases. LAW OFFICES OF SARA G. MAURER, San Francisco and Mill Valley, CA 1989- 2000. Managed a team of attorneys pursuing hundreds of civil litigation cases involving wrongful death, employment law, sexual harassment and personal injury. Carried out depositions, expert witness analysis, mediations, arbitrations, trials and settlements. ASSOCIATE ATTORNEY, DEBEVOISE AND PLYMPTON, New York City, 1985- 1989. Handled complex international real estate transactions. ASSOCIATE ATTORNEY, ROPES AND GRAY, Boston, Mass. 1983-1985. Handled complex real estate transactions. LAW CLERK TO MASSACHUSETTS SUPERIOR COURT JUSTICE WILLIAM I. RANDALL, Boston, Mass. 1980-1983. Member of Massachusetts, New York and California Bars. California Bar Number: 147839. OTHER ACTIVITIES Producer of Exile Nation: The Plastic People. Vice President, San Francisco Child Abuse Prevention Society. Lecturer and member, California Consumer Attorneys Association. Conversational Spanish. EDUCATION Skidmore College, Saratoga Springs, NY. B.A. 1977: Phi Beta Kappa, Omicron Delta Epsilon, International Economics Honor Society, all college highest honors. Suffolk Law School, Boston, Mass, J.D., 1977-1980: Prizes for: best oral advocate , and best brief writer, International Moot Court, clerkship for the Chief Justice of South Boston District Court. Sara Graham Maurer 39 LAGOON VISTA, TIBURON, CA. 94920. 415- 218 1427. SARAGRAHAMMAURER@ME.COM Attorney at Law TOWN OF TIBURON PAGE 1 OF 1 STAFF REPORT To: Mayor and Members of the Town Council From: Community Development Department Subject: General Plan Update Report Reviewed By: _________ Greg Chanis, Town Manager n/a ________ Benjamin Stock, Town Attorney SUMMARY The Council will hear a report from the Town’s General Plan update consultant, O’Rourke and Associates. RECOMMENDED ACTION(S) 1. Receive the report, and offer feedback, if any. BACKGROUND Tonight the Council will receive a report from Christine O’Rourke of O’Rourke and Associates, the Town’s General Plan update consultant. The Council is invited to give feedback on Ms. O’Rourke’s presentation and the General Plan update progress and goals. ANALYSIS No further analysis provided. FINANCIAL IMPACT Staff anticipates no direct fiscal impact to the Town by receipt of this report. ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3). RECOMMENDATION Staff recommends that the Town Council receive the report and offer feedback, if any. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting November 18, 2020 Agenda Item: DI-1 TOWN OF TIBURON PAGE 1 OF 3 STAFF REPORT To: Mayor and Members of the Town Council From: Heritage & Arts Commission and Public Art Selection Panel Subject: Public Art Program Update from Heritage and Arts Commission Reviewed By: _________ Greg Chanis, Town Manager n/a ________ Benjamin Stock, Town Attorney SUMMARY The Town Council will receive a report from the Heritage & Arts Commission and the Public Art Selection Panel on the Panel’s recent activities and future goals for public art in Tiburon. RECOMMENDED ACTION(S) Staff recommends that the Town Council receive the staff report from Chair Noguez and Artist Laureate Rozen, and provide feedback to the Heritage & Arts Commission and Public Art Selection Panel on the Public Art Policy process and future goals. BACKGROUND On August 7, 2019, the Town Council adopted the Public Art Program spearheaded by the Town Artist Laureate, Richard Rozen, under the direction of the Heritage & Arts (H&A) Commission. On May 5, 2020 the Public Art Selection Panel (PASP), a sub-committee of H&A, was formed to create guidelines for the research and selection of artists and sites, prepare proposals, and guide PASP through the process from H&A to the Town Council and on to the public. Tonight, the Heritage & Arts Commission Chair, Leonor Noguez, and the Public Art Selection Panel Chair and Town Artist Laureate, Richard Rozen, will present on the PASP’s activities since creation and future goals for the Panel and public art in Tiburon. This report will discuss: • Public Art Policy • Artist proposal process • Public art community survey • Local art projects and community programs • Public art funding goals TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting November 18, 2020 Agenda Item: DI-2 Town Council Meeting November 18, 2020 TOWN OF TIBURON PAGE 2 OF 3 ANALYSIS Public Art Policy and Procedures The Public Art Policy Statement (Exhibit 1) represents the goals, responsibilities, and overview of the public art process. The Overview of PASP (Exhibit 2) outlines the creation guidelines for the sub-committee, their responsibilities, and duties. The Flow Chart (Exhibit 3) shows the approval process for public art artist proposals, beginning with PASP, to H&A, to a public input phase, and finally on to the Town Council for final consideration. Artist Proposal Process Part of the PASP mission is researching and introducing artists and sites and bringing viable proposals to the Panel for consideration. The current focus is on the park to be situated in the new Civic Plaza to be located between the Belvedere-Tiburon Library and Town Hall. The outline of these proposals includes but is not limited to; physical aspects of the proposed work(s), i.e. size, maintenance, cost, and possible sites. The Criteria for Selection of Artists or Artwork is attached as Exhibit 4. The Current proposals before PASP include: • Elizabeth Turk (Exhibit 5) • Fletcher Benton (Exhibit 6) • Jean Pierre Rives • Todji Kurtzman • Thomas Jackson Public Art Survey The PASP and H&A worked together to develop a community survey to gauge interest in public art, including the public’s preferences in type of public art and preferred location. The survey has not yet been distributed. The final draft of the Public Art Survey is attached as Exhibit 7, and the PASP and H&A welcome Council feedback on the questions. Once finalized, the survey will be circulated throughout the Tiburon peninsula, with the possibility of wider distribution later. Local art projects and community programs Town Council Meeting November 18, 2020 TOWN OF TIBURON PAGE 3 OF 3 In addition to permanent art pieces and installations, PASP is forming Ad Hoc committees to work on smaller projects and programs in the community. A description of these other projects and community programs is attached as Exhibit 8. Public Art Program funding goals The Public Art program will need funding for the purchase and maintenance of public art and programming. The H&A has created an Ad Hoc committee to study fundraising avenues to reach public art goals. The October 27, 2020 H&A ad hoc committee fund raising report is attached as Exhibit 9, and the PASP Public Art Program funding goals are attached as Exhibit 10. FINANCIAL IMPACT Staff anticipates no direct fiscal impact to the Town by receipt of this report. ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3). RECOMMENDATION Staff recommends that the Town Council receive the staff report from Chair Noguez and Artist Laureate Rozen, and provide feedback to the Heritage & Arts Commission and Public Art Selection Panel on the Public Art Policy process and future goals. Exhibit(s): 1. Public Art Policy Statement 2. Overview of the Public Art Selection Panel 3. Flow Chart 4. Criteria for Selection of Artists or Artwork 5. Elizabeth Turk Proposal 6. Fletcher Benton Proposal 7. Public Art Survey 8. Small Art Projects and Community Programs 9. H&A Fundraising Report 10. PASP Public Art Program Funding Goals Prepared By: Patti Pickett, Liaison – H&A Commission EXHIBIT 1 HERITAGE AND ARTS COMMISSION PUBLIC ART PROGRAM POLICY STATEMENT VISION STATEMENT The Public Art Program is committed to enhance the physical beauty of the Town of Tiburon and add to the public experience of art which will enrich the spirit and pride of our community. GOALS The Public Art Program is committed to expand opportunities for our citizens to experience public art creating a more pleasing environment and improving our quality of life. The Program will: • Promote awareness of public art and provide opportunities for individuals to identify with and feel ownership of commissioned artworks. • Utilize public art as a vehicle to educate children and provide avenues for their unique artistic expressions to enrich the community. • Involve artists in the planning and design of public art projects. • Commission artists to create artworks that are responsive to the sites selected without blocking view corridors or impeding the use of public open space. The art work should create possibilities for collaboration between artists, design professionals including architects, landscape architects, planners, engineers and city officials. DEFINITIONS Accessioning: The process of selecting an artwork into a Public Art Collection whether by commissioning, purchase, or donation. • Role of the Heritage and Arts Commission: The Commission formed by Resolution 31-2014 of the Tiburon Town Council has among its duties “To recommend the appropriate selection, placement, modification and/or maintenance of art...in the Town of Tiburon”. • The Commission may appoint a committee to help with the selections. The Heritage and Arts Commission recommends an artist to be approved by the Town Council as the Artist Laureate of Tiburon. Part of the Artist Laureate’s duty will be to work with the Commission to select sites along with the Parks and Open Space Commission, the Public Works Department, and other relevant local organizations. Deaccessioning: The process of permanently removing an artwork from the Public Art Collection by sale, destruction and/or removal from public display. ELIGIBLE ARTWORKS In general, all forms of artistic expression created by professional artists are eligible for inclusion in the Public Art Program. Free-standing works as well as works that have been integrated into the underlying architecture or landscape are included for consideration. The artwork may consist of both permanent and temporary installations. Design elements which are mass produced such as playground equipment, benches, decorative or ornamental pieces will be considered only if they are integral to the artists overall design. Services or utilities necessary to operate or maintain an artwork shall not be deemed part of the artwork itself. ARTIST SELECTION PANELS The Heritage and Arts Commission may form an ad hoc panel to recommend artists for individual public art projects or groups of projects. The panel can review the credentials, prior work, qualifications, and proposals submitted by artists for a particular public art project. The panel should be sensitive to the public nature of the project and maintain confidentiality of all the discussions. The Heritage and Arts Commission will make final recommendation to Town Council on all art/artist selections. The Heritage & Arts Commission may assign additional duties to the panel as necessary. ARTISTS RESPONSIBILITIES Artists shall submit the following: • Qualifications • Visuals • Proposals and/or project materials requested. • If selected, the artist will execute and complete the artwork in a timely and professional manner as contracted. • The artist will make presentations to the Heritage and Arts Commission or other reviewing bodies as determined by Town Manager. • Public presentations and community education workshops may be requested for any public art project as needed. OTHER AGENCIES’ RESPONSIBILITIES The Town Manager will assign Staff as necessary to review proposed contracts or agreements of selected artists and make recommendations regarding the following: • Liability and insurance requirements. • Legal issues. • Safety issues. • Code requirements. • Timelines. • Installation issues will be discussed with the Town Engineer. • Appropriate documentation will be completed which may include design, other drawings, photographs or videos. SITE SELECTION The Heritage and Arts Commission will maintain an inventory of current artworks and a map of the peninsula which will show where artwork is located. The map will provide information where future artwork can be placed. The Commission can either choose a location where artwork would be a valuable addition to the community and solicit proposals for that specific site or identify appropriate artwork and determine which site would be the best location. The criteria to be used for site selection would include: • Compatibility with the principal purpose of the location; work must not block view corridors or impede use of public open space. • Suitability of the artwork’s scale and character. • Availability of suitable physical space. • Environmental suitability of the artwork. • Cost to establish and maintain the artwork at the site. • Availability of funding sources. The Heritage and Arts Commission will coordinate the site selection process with appropriate Town Staff and other Town bodies as determined by Town Manager. FUNDING The Public Art Program recognizes that funding and maintenance of public art can be challenging. The Program anticipates utilizing the following methods: • Public funds could be used to acquire and maintain public art if built into the Town’s budget as a specific line item. • A percentage for art could be built into town funded capital improvement projects. • Business sponsorships could be developed for specific proposed art selections or for the Public Art Program in general. • Donations for public art could be sought from private sector groups, both for-profit and/or non-profit. • Individuals may make donations. • Grants and/or matching grants could be sought from national and local foundations and institutions. ARTIST SELECTION The Heritage and Arts Commission will select artists using one of the following methods: • Request for Qualifications. (RFQ) • Request for Proposal. (RFP) • Invitational competition. • Pre-qualified list. The method used will vary depending on the type of project and the specific requirements of the project. The goal is to select artists in a well-documented and transparent process that are best suited to the project in mind. The following factors will be considered when reviewing proposals by the artist and the artwork: • Reasonable maintenance requirements as specified by the artist. Consideration will be given to who will perform the maintenance procedures; the Town, the artist or private parties. • Works of art will be designed considering public safety and decency. • Consideration will be given to issues of security, theft, vandalism. • The design of the art will be site specific. Works must not block view corridors or impede use of key public open space. OVERVIEW OF THE PUBLIC ART APPROVAL PROCESS The general outline of the approval process will be as follows: • Select a site or group of sites • The artist selection panel will determine if the proposed public art project fits the Public Art Program. • The Heritage and Arts Commission will recommend the project to Town Council. • The Town Staff will prepare a Staff Report and comment on the project. • The Town Council will consider approval of the project. EXHIBIT 2 OVERVIEW OF THE PUBLIC ART SELECTION PANEL The PASP of the H&A Commission is established as a standing committee to review public art projects and proposals which come before the H&A. PROCESS An application to serve on the panel will be approved and distributed by the H&A: 1. Applications are open to the public at large. 2. An application deadline will be determined by the H&A. 3. Distribution of the applications will be through local media, organizations, and available at the Town Hall. Size of the PASP: 1. The number of people on the Panel depends on the H&A determination of how many people are best to review the proposals and projects. 2. Our working recommendation is at least five people; an odd number is best for voting reasons. 3. The size of the Panel may change with the approval of the H&A; the Panel may need certain skill sets or need experts in a variety of fields to evaluate some proposals. Membership and Representation: 1. The Commission is looking for people who have a background in the arts, experience with art organizations, interest in community projects, or interest in public art on the Tiburon Peninsula. The H&A Commission wants the “public” to be represented and involved. 2. The following groups may have representation on the PASP: a. Practicing artists b. Art-related professionals such as curators, historians, architects c. Community representatives with a relationship to the proposed project or proposal d. Town Staff representatives e. Non-profit organizations in Town f. Reed Union School District g. H&A Commissioners...2 Commissioners on a rotating 6-month basis. Responsibilities and Duties: 1. Conduct all meetings in public with proper notice and in compliance with the Brown Act. Some sessions may need to be in Closed Session if there are confidential personnel issues. 2. Recusal may be required if there are conflict of interest issues affecting the decisions of the Panel. 3. The Panel will need to select a Chairperson and a Secretary to take notes. 4. Determine the eligibility for consideration of an art proposal or artwork which follows the guidelines of the Public Art Policy. 5. Develop a jury process for selection of each public art project or proposal. 6. Exercise best practice for research and consultation with the Town and Artist Laureate. 7. Report to the H&A as often as needed on the progress of the deliberations, and report final recommendations. EXHIBIT 3 H&A – PASP Flow of Work and Responsibility Chart Heritage & Arts Public forums Advertising (Media) Town Council reports POST reports Library architect involvement Consultant – Community Outreach PASP Find art, artists, sites Determine worthy art and send to H&A Refer issues (artist, site) to H&A Revise criteria – no scoring H&A & PASP Together Fund raising Define goals (forum) Educate community FLOW CHART GIVEN TO PASP MEMBERS ALONG WITH PUBLIC ART POLICY PROPOSAL TO HERITAGE & ARTS COMMISSION PUBLIC ART SELECTION PANEL REJECT PROPOSAL RETURN PROPOSAL WITH SUGGESTIONS ENDORSE TOWN STAFF H&A COMMISSION PUBLIC HEARINGS TOWN COUNCIL DISCUSSION TOWN COUNCIL APPROVAL EXHIBIT 4 CRITERIA FOR SELECTION OF ARTISTS OR ARTWORK The goal of following the criteria below is to arrive at a joint decision to move an artist, artwork, site, or combination of the three on to the Heritage & Arts Commission for consideration. This will be achieved after discussion and a yes or no vote. 1. Qualifications: Artist qualifications are based on and demonstrated by their past work, appropriateness of concept to a particular project and ability to communicate. 2. Quality: The highest priority is the design ability of the artist and inherent excellence of the artwork. 3. Media: All forms of visual art will be considered. . 4. Appropriate to site: Scale, material, form, and content are important. 5. Permanence: Structural and surface integrity, protections against theft, vandalism, weathering, and a maintenance plan. 6. Community Values: Appropriateness in context of local community and social values. 7. Public Liability: Safety considerations. 8. Consideration: Given to architectural, historical, geographical, and social or cultural issues. GUIDE TO JURY A SPECIFIC ARTWORK OR ARTIST The goal is to select art works of the highest quality and set up a regular procedure for evaluating artwork, and establishing standards for the acquisition of artwork: 1. Artistic Vision: a. Clear subject matter or style b. Vision or story told in work c. Body of work cohesive 2. Mastery of technique: a. High quality of craftmanship and skill b. Materials used skillfully 3. Originality: a. Work shows something new or emerging or cutting edge b. Technique new or developed in practice c. Work an advancement in its field 4. Professionalism: a. Presentation professional b. Artist statement compelling c. Track record of solid professional relationships and/or sales EXHIBIT 5 ARTIST – ELIZABETH TURK The Artist Bio and other extensive information pertaining to her work can be found here: Elizabeth Turk Studios and Hirschl and Adler Galleries Proposed work and site: •Summary of Proposed Sculpture(s) -- A selection of sculptures from the artist’s “Echoes of Extinction” series. MacArthur “Genius” Fellowship Awardee Elizabeth Turk work explores the concept of – Extinction. The sound columns – of “Echoes of Extinction” -- juxtapose the ephemeral with the eternal. Inspired by recordings of extinct birds (cataloged by the Ornithology Lab at Cornell University) Turk created evocative sculptural forms for various extinct birds. Each column represents an extinct bird’s sound recording and is accompanied with a QR code that links to that particular bird’s sound, thereby making eternal out of the extinct. • Sculptures range in scale from approximately 44-1/2 tall x 15” in diameter to 81-1/2” tall x 17-1/2” in diameter. •Proposed Location – outside the Library and /or by the Richardson Bay Audubon Center and Sanctuary •Review of the exhibition from the Los Angeles Times: https://www.latimes.com/entertainment-arts/story/2019-07- 29/artist-elizabeth-turk-tipping-point-endangered-birds-catalina-island Availability/cost: •The outdoor sculptures are made of anodized aluminum and average $70,000 per sculpture. However, pricing can be negotiable based on quantity (the artist would like to see these exhibited in groups to encompass the larger conversation around the work. •Additional cost of transportation, installation, and maintenance to be determined. Photos: •All photos are provided courtesy of Jeannie Denholm with SCAPE gallery . Site visit •A large selection of these sculptures can be seen via the Catalina Island Museum, Catalina Island. Elizabeth Turk: Echoes of Extinction April 2019 - Current MacArthur “Genius” Fellowship Awardee Elizabeth Turk began working on the Echoes of Extinction exhibition in the Fall of 2018 during a month-long open studio/live exhibition with Tyler Stallings at Orange Coast College. Highlighting various attributes of this continent's birds, Turk developed an alphabet of symbols. Using these unique symbols, she explores the greater concept – Extinction. The sound columns - "Echoes of Extinction" - juxtapose the ephemeral with the eternal. Inspired by recordings of extinct birds (cataloged by the Ornithology Lab at Cornell University) Turk created evocative sculptural forms. Interactive moments are profound with the inclusion of QR codes linked to the Ornithology Lab at Cornell University and the respective bird call sound recording. "Extinction as a concept, event as a conversation, overwhelms us so deeply, we remain silent. Tipping Point is an artwork created to open this sensitive topic, without conclusions, only respect for a natural world much larger than we are." - Elizabeth Turk ELIZABETH TURK Echoes of Extinction Currently Exhibited at the Catalina Island Museum Sound Columns Left to Right: •Ivory Billed Woodpecker (the tallest) •Brown Pelican* •Carolina Parakeet* •Marsh Wren (lathe)* •Marsh Wren (milled)* •Bald Eagle (lathe)* •Bald Eagle (milled)* •Carolina Parakeet (lathe)* Height: between 6'4 to 8'4 * CA related with natural migratory patterns in coastal Northern CA. Each have accompanying QR codes that are linked to the Ornithology Lab at Cornell University and the respective bird call sound recording Artistic Process 1 2 3 4 1. Visual image of Bird Call from Ornithology Lab at Cornell University 2.& 3. Elizabeth Turk interpreting sound wave visualizations into sculptural shape 4. Example of finished sculpture EXHIBIT 6 ARTIST – FLETCHER BENTON The Artist Bio and other extensive information pertaining to his work can be found here: fletcherbenton.com Proposed work and/or site: •Work - One of 5 Alphabet sculptures approximately 8 feet by 8 feet (see attached photos). •Site - Zelinsky park which is expected to be towards the rear of the both the new Library extension and the Town Hall on the plaza being created. Sculpture should be seen through the view corridor. Availability/cost: •All the Alphabet sculptures are available. The cost is estimated at $100,000. Additional cost of transportation, installation, and maintenance to be determined. Photos: •All photos are available from Victoria Miller with identifying label in upper left-hand corner. Site visit: •Accomplished May 21, 2020 at the Fletcher Benton Napa outdoor sculpture garden. 1 2 3 4 5 EXHIBIT 7 TIBURON PUBLIC ART SURVEY TIBURON HERITAGE AND ARTS COMMISSION AND PUBLIC ART SELECTION PANEL Hello, The Tiburon Heritage and Arts Commission and its Public Art Selection Panel are in the process of selecting new public art to be installed in and around our town. As part of our process, we want to hear from people like you who live here, work here, visit here and care about how we all experience Tiburon. The survey should take no more than 10 minutes to complete. Thank you in advance for your time and input. 1. What is your age? ___ 20 and under ___ 21-30 ___ 31-40 ___ 41-54 ___ 55-65 ___ 66 and over ___ Decline to answer 2. What is your gender? ___ Female ___ Male ___ Decline to answer 3. Where do you live? ___ Belvedere/Tiburon ___ Marin County/not Belvedere/Tiburon ___ Northern California, not Marin County ___ Other: _________________________ 4. How important is it to have public art in this community? ___ Very important ___ Important ___ Neutral ___ Slightly Important ___ Not Important at All 5. Which of the current public art installations do you like in Tiburon? ___ The gallows frame wheels near the Railroad and Ferry Museum ___ The anchor on the roundabout, on Paradise Drive, facing the San Francisco skyline ___ The “Coming About” fountain on the NW corner of Main Street ___ The statue of Blackie the horse at Blackie’s Pasture And why? ________________________________________________________ ________________________________________________________ _______________________________________________________ 7. What kind of public art would you like to see in Tiburon, e.g. historical, performance, electronic, abstract, interactive, etc. ________________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ Are you interested in helping bring Public Art to Tiburon by: a. ___ Collaborating with the Public Art Selection Panel to select art, b. ___ Working on a fundraising event, c. ___ Making a donation, d. ___ Other, please specify: ________________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ Please let us know how we can contact you: NAME: ____________________________________________________ EMAIL ADDRESS: ____________________________________________ PHONE NUMBER: ___________________________________________ THANK YOU VERY MUCH! DRAFT (October 28, 2020 by Chair Noguez) EXHIBIT 8 SMALLER ART AND COMMUNITY PROGRAM • Construction fence weaving o Start with demonstration project o Get approval from construction people (Glenn, project manager) o Invite larger community and families to participate o Cost: purchase materials…$500 -$1000 o Timeline: start as soon as possible 2. Words and Pictures project in/for library o Organize favorite quotes and/or word descriptions of Tiburon, o Photos solicited of favorite book or passage in situ, revealing something of the submitter o Technology, i.e. cell phones o Determine possible graphic representation - large ongoing collage? Possible framed photos. Possibly use in survey? o Get approval/ consult with Debbie Mazzolini (library director) and Library Art Committee o Invite community and families to participate o Cost: unknown o Timeline: Spring 2021 or Library opening Sept. 2021 - ongoing 3. Sound project o Favorite quotes/literary passages read out loud in various spaces outside the library (restrooms?) o PHASE 1 more produced and curated o Collaborate with The World According to Sound as a resource. Add music? o PHASE 2 Use library recording studio when available o Use recordings from the community o Get approval from Debbie Mazzolini and others as needed o Cost: unknown o Timeline: library opening Sept. 2021 and on-going 4. Collaboration with other cultural groups o Identify what groups will provide content: • Musica Marin? • Marin City Arts and Culture? Oshalla Marcus • Dance Groups • Live performance o Determine venues o Determine what agreements necessary o Cost: Unknown o Timeline: Spring 2021 and on-going. EXHIBIT 9 REPORT RE: AD HOC FUNDRAISING MEETING BETWEEN CHAIR NOGUEZ AND COMMISSIONER FERRIN (THURSDAY, OCTOBER 1, 2020). Fundraising is about building relationships. It is about connections between donors and our mission. To that end, we need a “North Star” for why we want to fundraise. The H&A needs a vision for what type of art we want and what are our short and long term goals. Along with setting goals, we must also manage our expectations and have a budget. The ad hoc committee identified various ways to fundraise. First and foremost, we should form a fundraising committee composed of members of the H&A, PASP and the community. Ideally, the composition will include persons with fundraising experience/expertise, donors and art patrons. The PASP/H&A community input survey will be critical in identifying what type of art people want, identifying people that are interested in getting involved with the Public Art program and what people are willing to do to support Public Art. Other fundraising ideas include but are not limited to: ➢An online fundraising platform ➢Grants for public art ➢Direct solicitations to donors and supporters ➢Estate Planning ➢Virtual events ➢In person events as allowed by government and health officials ➢Art sales ➢Hosting online courses To be effective in our fundraising efforts we need to target and identify donors and supporters. We also need to implement a donor/supporter management system. Last but not least, we should reach out to other communities that have successful Public Art Programs for advice and to exchange ideas. Chairperson’s note: We are very fortunate to have Commissioner Ferrin on the H&A Commission. She brings a wealth of professional expertise as a marketing consultant. In addition, she is an experienced fundraiser, promoter and patron of the arts including the San Francisco Opera Guild and the San Francisco Ballet. She has also chaired fundraisers for the University of California at San Francisco Benioff Children’s Hospital as well as other organizations focusing on arts and education. EXHIBIT 10 PUBLIC ART PROGRAM – FUNDING GOALS 10/12/20 1.Acquisition of art. 2.Site preparation, installation, and transfer of art. 3.Hire curator and/or art consultant if needed. 4.Fund community surveys and/or focus groups as needed. 5.Establish maintenance fund for existing and future artwork. 6.Fund raising costs 7.Fund community art programs outside of the established Heritage & Arts Commission’s art exhibits, etc. THIS PROGRAM WILL FOCUS OUR FUND-RAISING EFFORTS AND ORGANIZE A NUMBER OF DIVERSE ACTIVITIES OF THE HERITAGE & ARTS COMMISSION. TOWN OF TIBURON PAGE 1 OF 6 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Public Works Subject: Approve Plans and Direct Staff to Proceed with Bidding for the Hawthorne Undergrounding Assessment District Project and Establish the Construction Contract Contingency Percentage Amount for the Project. Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY This item requests Council approve the design plans for the Hawthorne Undergrounding Assessment District Project, authorize staff to put the project out to bid, and establish the construction contract contingency percentage amount for the project. RECOMMENDED ACTION(S) 1. Approve the plans for the Hawthorne Undergrounding project and authorize staff to begin the bidding phase using a Town estimated probable cost of $4,111,032.00 for the assessment district work and $4,451,274.50 for the entire construction contract including the Town funded pavement rehabilitation work; and 2. Direct Staff to utilize a construction contingency allowance of 25% to be applied to bids for the joint trench construction phase of the project. BACKGROUND This item was previously presented to Town Council at the October 7, 2020 Town Council meeting. The Staff report for that meeting, without the exhibits, is included as Exhibit 1. Approve Plans and Authorize Advertising for Bids Final design plans for the Hawthorne Project are now complete. The plans are available on the Town’s website at the following link: http://www.townoftiburon.org/DocumentCenter/View/2234/DRAFT-Final-Composite-Joint-Trench-Plans-July-2020?bidId= TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting November 18, 2020 Agenda Item: AI-1 Town Council Meeting November 18, 2020 TOWN OF TIBURON PAGE 2 OF 6 The current Project timeline and schedule is presented as Exhibit 2. The next steps in Project delivery are to advertise the Project for construction bids and obtain bids from contractors. Once bids have been received, the Town will determine whether the total District approved assessment of $11,846,006 is sufficient to cover the estimated cost to complete the project. If the approved assessment funds appear to be sufficient to complete the Project, then Staff would proceed with delivering the Project. A key component to delivering the Project is acquisition of easements from the property owners. This easement acquisition needs to be complete before the start of construction. In order to expedite the acquisition of easements, Staff executed a contract with an appraiser and the appraisals should be complete by the Town Council meeting on January 20, 2021. If Council authorizes Staff to advertise the Project at today’s Council meeting, then the Project would generally follow the milestones listed below. These milestones also assume that the construction bid fits within the available Project funding, and that there no delays in easement acquisition due to unwilling property owners. November 18, 2020 - Council Approve Project and Authorize Bid November 23, 2020 - Advertise Project January 12, 2021 - Open Construction Bids January 20, 2021 - Council Consider Award of Contract, Authorize Sale of Bonds, Begin Easement Acquisition March 2021 - Complete Easement Acquisition April 2021 - Begin Construction Early 2022 - Complete Construction At the October 7, 2020 meeting, the Council did not approve the plans and did not authorize Staff to advertise the Project for bid. At that meeting, Council and several Project Proponents expressed concern regarding the engineer’s estimate of probable cost. In order to address these concerns, Council adopted a motion for Staff to obtain as quickly as possible another estimate from a reputable engineer. Council provided additional direction for Staff to coordinate with the project proponents on selection of the engineer. Construction Contingency At the October 7, 2020 Council meeting, Staff also requested direction from Council on setting the amount of the construction contract contingency. Council did not provide direction on this item at that time. ANALYSIS Approve Plans and Authorize Advertising for Bids In accordance with Council direction at the October 7, 2020 Council meeting, the Director of Public Works requested proposals from six different qualified firms (Bennett Engineering Services, Coastland, Inc., ILS Associates, Inc., Psomas, Inc., TRC Engineering, and Unico) to provide and independent opinion of probable cost. Staff received three proposals from ILS, Town Council Meeting November 18, 2020 TOWN OF TIBURON PAGE 3 OF 6 Psomas, and TRC. Those proposals were provided to Project Proponents Sara Klein, Elena Stephens, and Ken Weil. The Town Manager and the Director of Public Works reviewed the proposals with the Project proponents and contracted with ILS to provide an independent engineer’s estimate for a fixed fee of $1,700. The methodology proposed by ILS was to “review the project plans, technical provisions, geotechnical report and bid quantities” that were provided to them by the Town and develop unit prices for the various bid items. ILS’s proposal states that they “will use actual unit prices for similar items of work from previously bid projects in the area in developing our unit prices for this estimate with appropriate adjustments, as warranted, based on our knowledge and experience with this type of project.” ILS references several local projects that would be used as a basis of their estimate, including the following districts: Linda Vista, Mar East, Corinthian Island, Bayview-Bella Vista, San Rafael Avenue, Pine Avenue, Acacia Laurel, and Golden Gate/Belvedere. The ILS engineer’s estimate and their proposal are included as Exhibit 3. ILS’s engineer’s construction cost estimate is $4,111,032.00 for the assessment district work, and $4,451,274.50 for the entire construction contract including the Town funded pavement rehabilitation work. Harris’s final opinion of probable cost is $6,368,389.00 for the assessment district work, and $6,816,977.00 for the entire construction contract including the Town funded pavement rehabilitation work. The property assessment for the undergrounding district is based on a cost estimate of $4,718,001.00 for this work. Staff recommends that Council approve the plans for the Hawthorne Undergrounding project and authorize staff to begin the bidding phase using a Town estimated probable cost of $4,111,032.00 for the assessment district work, and $4,451,274.50 for the entire construction contract including the Town funded pavement rehabilitation work. Construction Contingency The construction contract contingency is intended to provide Staff and the Town with the ability to approve construction contract change orders resulting from unforeseen conditions or Town directed changes in the field, without requiring Council action to appropriate additional funding. This contingency allows the Town to resolve minor issues quickly without causing construction delays and exposing the Town to possible expensive delay claims from the contractor. For undergrounding assessment districts, this issue is complicated by the fact that the funding source is not Town funds; but rather the funding is from residents in the District through an agreement for assessments contained in the Engineer’s Report. If expenditures, including any construction contract change orders, exceed the amount approved by the District property owners, the Town would be obligated to utilize Town funds to complete the project. For this Project, Staff is requesting that Council establish a minimum contingency level for assessment district (joint trench) construction costs prior to opening bids. This will help set clear expectations for the required funding amount. In 2018, Council considered a similar matter related to the now complete Virginia undergrounding project and Staff was directed to include a 25% contingency to the joint trench construction cost. It is instructive to consider the contingency used in the last three assessment funded undergrounding projects, the Lyford Cove, Del Mar and Virginia projects. Town Council Meeting November 18, 2020 TOWN OF TIBURON PAGE 4 OF 6 Project Contingency included in approved assessment Actual Contingency Utilized Lyford Undergrounding 23% 16.50% Del Mar Undergrounding 23% 27% Virginia Undergrounding 25% 19.25 % Based on the above information and uncertainties, Staff recommends Council approve a construction contract contingency of 25%. Other Issues A few other issues have recently been raised by Council and the Project Proponents that have been addressed by Staff and are summarized here in the interest of transparency. This list is not intended to be comprehensive, but is meant to address a few items that are recurring or outstanding. 1. Pacific Gas & Electric (PG&E) cost and Section 851 Filing The Section 851 filing was approved by the California Public Utility Commission (CPUC) and PG&E has direction to final the design and cost estimate. The Town needs this cost estimate before awarding a construction contract and issuing bonds. Staff has made PG&E aware of the Town’s proposed schedule and funding constraints, and Staff has emphasized the importance of an expedited process. PG&E estimates that due to staffing, wildfire response, public safety power shutoffs (PSPS), and holidays it could take two months to get internal approval and finalize the estimate and contract for the Town. The Town’s Director of Public Works is in constant communication with PG&E, including monthly project delivery meetings, and will continue to encourage and support PG&E’s efforts to meet the Town’s schedule. 2. Hard Rock Excavation Allowance In an email dated October 29, 2020, the Project Proponents that were involved in selecting an engineer to provide the independent engineer’s estimate questioned how the hard rock allowance was calculated, and how the quantity would be managed so as to prevent the contractor from taking advantage of the property owners. Director of Public Works Palmer provided the following response to the Project Proponents by email on October 29, 2020: “The hard rock item is an allowance item and the contractor will not earn hard rock excavation pay unless the work meets the contract definition of “hard rock excavation.” The contract lists specific criteria that have to be met before the contractor is paid for “hard rock excavation.” I copied and pasted the “Hard Rock Excavation” specification below. Furthermore, the contract requires that the Town Engineer or their appointed representative observe and verify the hard rock conditions; and the quantity is tracked and field verified by the construction manager on behalf of the Town. “10-1.16.09 HARD ROCK EXCAVATION Town Council Meeting November 18, 2020 TOWN OF TIBURON PAGE 5 OF 6 Hard rock excavation shall include removal and disposal of the following from open-cut excavation and that meet the requirements of the definition specified herein: 1. All boulders measuring one third (1/3) of a cubic yard or more in volume. 2. Concrete or masonry structures which have been abandoned, excluding those shown on the drawings to be removed as part of the work. 3. All hard bedrock defined as material which cannot be excavated at a reasonable production rate (five [5] cubic yards per hour) with large excavation equipment (such as a Caterpillar 330 or equivalent excavator equipped with a bucket, thumb, and “rock” teeth) 4. Hard Rock shall be excavated by specialized means such as “hoe-ramming” or rock splitting using expansive chemical grouts. 5. If the Contractor encounters conditions to be claimed as “Hard Rock Excavation”, these conditions must be observed in the field by the Town Engineer or his appointed representative and verified. Volumes of hard rock or hard material shall be tracked based on detailed records of agreed top and bottom elevations within the excavated trench and lateral extents.” Furthermore, a memo from Harris describing the methodology for calculating the allowance for hard rock quantity was emailed to the Project Proponents on November 4, 2020 is included in Exhibit 4. FINANCIAL IMPACT Town policy is that the total cost of undergrounding projects be paid by the District property owners. Regardless of the contingency amount Council determines is appropriate, if the final construction costs exceed the assessment funds available, the Town would need to provide Town funds to complete the project. The following table summarizes the estimated assessment district cost utilizing the ILS engineer’s estimate. In other words, this does not include the cost of the Town funded pavement rehabilitation work. Description Cost Preliminary Engineering $615,000 Right of Way $150,000 Environmental $180,000 Construction Management $411,103 Construction (25% Contingency) $5,138,790 Utility Costs $2,639,915 Cost of Issuance / Financing $1,995,470 Town Contribution ($500,000) Total Assessment District Cost $10,630,278 Town Council Meeting November 18, 2020 TOWN OF TIBURON PAGE 6 OF 6 ENVIRONMENTAL REVIEW This Council action is not subject to CEQA. A mitigated negative declaration for the Project was approved by Town Council on November 15, 2017. RECOMMENDATION Staff recommends Town Council: 1. Approve the plans for the Hawthorne Undergrounding project and authorize staff to begin the bidding phase using a Town estimated probable cost of $4,111,032.00 for the assessment district work and $4,451,274.50 for the entire construction contract including the Town funded pavement rehabilitation work. 2. Direct Staff to utilize a construction contingency allowance of 25% to be applied to bids for the joint trench construction phase of the project. ALTERNATIVES Alternatively, the Town Council may decide to: 1. Not approve the plans and authorize bidding; or 2. Provide other direction related to the Town estimated probable cost for bidding purposes; or 3. Provide other direction related to the construction contingency allowance. Exhibits: 1. October 7, 2020 Staff Report without Exhibits 2. Project Timeline / Schedule 3. ILS Engineer’s Estimate and Proposal 4. Memo from Harris Regarding Hard Rock Allowance Prepared By: Steven Palmer, PE, Director of Public Works / Town Engineer EXHIBIT 1 TOWN OF TIBURON PAGE 1 OF 4 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Public Works Subject: Approve Plans and Direct Staff to Proceed with Bidding for the Hawthorne Undergrounding Assessment District Project and determine the Construction Contingency for the Project. Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY With regards to the Hawthorne Undergrounding Project, this item requests Council approve the design plans for the project, authorize staff to put the project out to bid, and determine a contingency percentage amount for the construction phase of the project. RECOMMENDED ACTION(S) 1. Approve the plans for the Hawthorne Undergrounding project and authorize staff to begin the bidding phase. 2. Determine the construction contingency amount to be applied to bids for the joint trench construction phase of the project, or, 3. Direct staff to return to Council at a future meeting to further discuss the matter. BACKGROUND In 2016, property owners on portions of Rock Hill Drive, Hawthorne Drive, Hilary Drive, Hilary Court, Mira Vista Court, Del Mar Drive, Palmer Court and Tiburon Boulevard began the process of forming the Hawthorne Utility Undergrounding Assessment District (“The District”). The goal of forming the District is to facilitate removal of the existing overhead utility lines and poles and relocate them underground (the “Hawthorne Project”). The District consists of 120 parcels (plus 3 sliver parcels), including both residential and commercial properties. A boundary map of The District is attached as Exhibit 1. On November 29, 2017, the Council agreed to contribute $500,000 toward the Hawthorne Project and approved the Preliminary Engineer’s Report (“Engineer’s Report”) for the proposed District. The Engineer’s Report included a total project cost estimate of $11,846,006 (net of the Town’s $500k contribution). A copy of this cost estimate is attached as Exhibit 2. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting October 7, 2020 Agenda Item: AI-4 Town Council Meeting October 7, 2020 TOWN OF TIBURON PAGE 2 OF 4 On February 7, 2018, property owners in the District approved tax assessments equal to the cost estimate to fund completion of the project, with the intent the Town would sell bonds in the approved amount to provide the funds necessary for project completion. To date, no bonds have been sold, with the Town relying on the Town’s $500k contribution and approximately $150,000 of subscription deposits from property owners to fund design work on the project. Final design plans for the Hawthorne Project are now complete. A copy of these plans is attached as Exhibit 3, and they are also available on the Town’s website at the following link: http://www.townoftiburon.org/DocumentCenter/View/2234/DRAFT-Final-Composite-Joint- Trench-Plans-July-2020?bidId= Staff is finalizing the remainder of the bid package in preparation for putting the project out for bid. When the bids are opened and prior to award of the construction contract, the Town will need to determine if the total District approved assessments ($11,846,006) is sufficient to cover the estimated cost to complete the project. If the approved assessment funds are insufficient to cover these estimated costs, the Town would need to revise the Engineer’s Report to reflect the new cost estimate, and authorize another property owner vote on a supplemental assessment to provide the additional funds necessary to complete the project. It is important to note the cost estimate included in the Engineer’s Report was based on a preliminary design, and we anticipated the estimated cost of the project would evolve as the design progressed. Accordingly, with the completion of the plans, we also have a final engineer’s estimate of $6,368,389 for the joint trench construction portion of the project. A copy of this estimate is attached as Exhibit 4. The estimate for this portion of the work in the Engineer’s Report was $4,718.001. In addition to the cost of joint trench construction, the approved assessments must also fund the following project costs: individual utility construction costs (PG&E, Comcast and AT&T), incidental expenses, financing costs, and a construction contingency. The Engineer’s Report cost estimate included figures for each of these elements. With regards to financing costs, staff has worked with Sperry Capital to update the figures in this area, however, we are still working with the utility companies in trying to obtain updated cost estimates for the utility construction. Of particular importance is the PG&E cost. Estimated at $2.38M in the Engineer’s Report, it represents a significant portion of the total construction cost of the project. Unfortunately, it has been difficult to determine whether this figure is still accurate. Staff anticipates having updated information from PG&E prior to the bid opening date. Separate from the costs already included in past estimates, new costs have emerged as the design has progressed, most notably in the area of property acquisition. The final plans indicate that a number of easements will need to be secured prior to beginning the work. The cost of this process was not included in the Engineer’s Report cost estimate, and it is very difficult to accurately predict. For estimating purposes, staff has included a $150,000 line item in the project budget for this work. Regarding construction contingency, the final engineer’s cost estimate for joint trench construction contains no contingency amount. Nor will the actual bids when they are opened. However, the estimate in the Engineer’s Report included a 30% contingency factor applied to joint trench construction costs, and it is common practice to include a construction contingency Town Council Meeting October 7, 2020 TOWN OF TIBURON PAGE 3 OF 4 amount when determining the required funding for a project. Today, Council is considering setting a minimum contingency level for joint trench construction costs, prior to opening bids for that work. This will help set clear expectations for the required funding amount. If the bids are opened prior to establishing a contingency amount, and an artificially low contingency would result in an estimated total project cost less than the current approved assessment total, there may be an incentive to accept that artificially low contingency to avoid a supplemental assessment vote. This will increase the risk of going over budget during construction and having insufficient funds in assessments to complete the project. Were that to happen, the Town would need to fund any overages for the project from Town funds. In 2018, Council considered a similar matter related to the now complete Virginia undergrounding project. In that instance, staff was directed to include a 25% contingency to the joint trench construction cost to determine the required funding for the project to move forward. The following table provides a comparison of the estimated total project cost included in the Engineer’s Report (which the approved assessment is based on) and our current estimate of total project cost with varying levels (25%, 20% and 15%) of construction contingency added. 2018 Engineers Report With 30% Contingency Final Estimate With 25% Contingency Final Estimate With 20% Contingency Final Estimate With 15% Contingency Joint Trench Construction 4,718,001 6,368,389 6,368,389 6,368,389 Construction Contingency 1,415,400 1,592,097 1,273,678 955,258 Utility Construction cost 2,644,873 2,639,915 2,639,915 2,639,915 Environmental Monitoring 250,000 180,000 180,000 180,000 Design and Administration 1,432,262 1,687,432 1,687,432 1,687,432 Financing Costs 1,885,470 1,286,400 1,286,400 1,286,400 Total Project Cost 12,346,006 13,754,233 13,410,341 13,066,448 Less Town Contribution (500,000) (500,000) (500,000) (500,000) Total Assessment Required 11,846,006 13,254,233 12,910,341 12,566,448 Setting the contingency at a certain percentage does not mean we will use all of the funds; it just means that money is available for use. Any funds not used are returned to the District property owners by either: 1. A bond payment holiday, wherein the first payments against the assessment are paid in whole, or in part, by the excess funds. 2. Reduction in principal wherein the principal and, therefore, the annual assessment amount is reduced. Town Council Meeting October 7, 2020 TOWN OF TIBURON PAGE 4 OF 4 ANALYSIS Staff notes that there is a difference between an assessment district funded undergrounding project and, for instance, a typical roads project. If a roads project goes over budget and construction costs exceed contingency, the Council can go to the Street Impact Reserve Fund or Gas Tax Reserve Fund and allocate additional funding to complete the project. In the case of an assessment funded project, the funding source is not Town funds, but rather the agreement for assessments contained in the Engineer’s Report and approved by residents in the District. If Council decides to set a contingency level, and if the bids come in such that there enough money in the approved assessment to proceed with the work, then we would award the project and sell bonds. However, if during the project, expenditures exceed the amount approved by the District property owners, the Town would be obligated to utilize Town funds to complete the project. It is instructive to consider the contingency used in the last three assessment funded undergrounding projects, the Lyford Cove, Del Mar and Virginia projects. For two of these projects, Lyford and Del Mar, supplemental assessment votes were required. Project Contingency included in approved assessment Actual Contingency Utilized Lyford Undergrounding 23% 16.50% Del Mar Undergrounding 23% 27% Virginia Undergrounding 25% 19.25 % FINANCIAL IMPACT Town policy is that the total cost of undergrounding projects be paid by the District property owners. Regardless of the contingency amount Council determines is appropriate, if the final construction costs exceed the assessment funds available, the Town would need to provide Town funds to complete the project. ENVIRONMENTAL REVIEW This decision is not subject to CEQA. RECOMMENDATION Staff recommends Town Council: 1. Approve the plans for the Hawthorne Undergrounding project and authorize staff to begin the bidding phase. 2. Determine the construction contingency amount to be applied to bids for the joint trench construction phase of the project, or, 3. Direct staff to return to Council at a future meeting to further discuss the matter Exhibits: 1. Boundary Map 2. Preliminary Engineer’s Report Cost Estimate 3. Hawthorne Undergrounding District Plans 4. Final Engineer’s Estimate Prepared By: Greg Chanis, Town Manager EXHIBIT 2 Description Effort Dept Start End days dd/mm/yyyy dd/mm/yyyy Engineering Final Plans 1 1 10/7/2020 10/7/2020 Independent Estimate 29 1 10/8/2020 11/17/2020 Council Authorize Bid 1 1 11/18/2020 11/18/2020 Right of Way Appraisal 45 2 10/19/2020 12/20/2020 Offer/Negotiate 45 2 12/21/2020 2/21/2021 Council Approve Acquisition 8 2 2/22/2021 3/3/2021 Construction Advertise 37 3 11/23/2020 1/12/2021 Council Award 6 3 1/13/2021 1/20/2021 Construct 197 3 4/5/2021 1/4/2022 HAWTHORNE UNDERGROUNDING DRAFT SCHEDULE 11/9/2020 EXHIBIT 3 HAWTHORNE UTILITY UNDERGROUNDING DISTRICT TOWN OF TIBURON, CALIFORNIA ENGINEER'S CONSTRUCTION COST ESTIMATE Job 9503 October 28, 2020 ITEM NO.ITEM DESCRIPTION ESTIMATED QUANTITY UNIT ENGINEER'S ESTIMATE UNIT COST ITEM COST GENERAL CONSTRUCTION 1 MOBILIZATION/DEMOBILIZATION 1 LS 180,000.00$ 180,000.00$ 2 TRAFFIC CONTROL & CONSTRUCTION AREA SIGNS 1 LS 180,000.00$ 180,000.00$ STREET LIGHT FOUNDATIONS AND CONDUIT 3 2-INCH DIAMETER STREET LIGHT CONDUIT 30 LF 10.00$ 300.00$ 4 STREET LIGHT CONDUCTOR 30 LF 2.00$ 60.00$ 5 STREET LIGHT SPLICE BOX (FULL TRAFFIC)1 EA 1,800.00$ 1,800.00$ UNDERGROUND UTILITY EARTHWORK 6 EXCAVATE AND BACKFILL 18"x up to 60" UTILITY TRENCH (WITH T-CUT)6,333 LF 115.00$ 728,295.00$ 7 EXCAVATE AND BACKFILL 24"x up to 60" UTILITY TRENCH (WITH T-CUT)328 LF 120.00$ 39,360.00$ 8 EXCAVATE AND BACKFILL 30"x up to 60" UTILITY TRENCH (WITH T-CUT)71 LF 130.00$ 9,230.00$ Job 9503 10-28-20 1 HAWTHORNE UTILITY UNDERGROUNDING DISTRICT TOWN OF TIBURON, CALIFORNIA ENGINEER'S CONSTRUCTION COST ESTIMATE Job 9503 October 28, 2020 ITEM NO.ITEM DESCRIPTION ESTIMATED QUANTITY UNIT ENGINEER'S ESTIMATE UNIT COST ITEM COST 9 EXCAVATE AND BACKFILL 36"x up to 60" UTILITY TRENCH (WITH T-CUT)62 LF 140.00$ 8,680.00$ 10 EXCAVATE AND BACKFILL 18"x up to 60" UTILITY TRENCH (WITHOUT T-CUT 4,092 LF 110.00$ 450,120.00$ 11 EXCAVATE AND BACKFILL 24"x up to 60" UTILITY TRENCH (WITHOUT T-CUT 209 LF 115.00$ 24,035.00$ 12 EXCAVATE AND BACKFILL 30"x up to 60" UTILITY TRENCH (WITHOUT T-CUT 246 LF 125.00$ 30,750.00$ 13 EXCAVATE AND BACKFILL 18"x up to 60" UTILITY TRENCH (WITHOUT T-CUT 239 LF 110.00$ 26,290.00$ 14 EXCAVATE AND BACKFILL 24"x up to 60" UTILITY TRENCH (WITHOUT T-CUT 224 LF 115.00$ 25,760.00$ 15 EXCAVATE AND BACKFILL 30"x up to 60" UTILITY TRENCH (WITHOUT T-CUT 751 LF 125.00$ 93,875.00$ 16 EXCAVATE AND BACKFILL 36"x up to 60" UTILITY TRENCH (WITHOUT T-CUT 576 LF 135.00$ 72,000.00$ 17 HARD ROCK EXCAVATION (REVOCABLE)1,657 TON 15.00$ 24,855.00$ 18 OVEREXCAVATION OF TRENCH DUE TO UNSUITABLE BEDDING MATERIAL 50 CY 2,500.00$ 125,000.00$ 19 SHORING AND TRENCH SAFETY 1 LS 4,500.00$ 4,500.00$ Job 9503 10-28-20 2 HAWTHORNE UTILITY UNDERGROUNDING DISTRICT TOWN OF TIBURON, CALIFORNIA ENGINEER'S CONSTRUCTION COST ESTIMATE Job 9503 October 28, 2020 ITEM NO.ITEM DESCRIPTION ESTIMATED QUANTITY UNIT ENGINEER'S ESTIMATE UNIT COST ITEM COST 20 RETURN TO INTERCEPT 25 EA 500.00$ 12,500.00$ UNDERGROUND ELECTRIC SYSTEM (PG&E) 21 ELECTRIC 6-INCH DIAMETER CONDUIT (PRIMARY)5,266 LF 23.00$ 121,118.00$ 22 ELECTRIC 4-INCH DIAMETER CONDUIT (SECONDARY)6,349 LF 20.00$ 126,980.00$ 23 ELECTRIC 3-INCH DIAMETER CONDUIT 7,138 LF 18.00$ 128,484.00$ 24 E-7 BOX (FULL TRAFFIC)2 EA 19,000.00$ 38,000.00$ 25 E-7 BOX 6 EA 6,500.00$ 39,000.00$ 26 E-6 BOX (FULL TRAFFIC)6 EA 16,500.00$ 99,000.00$ 27 E-6 BOX 7 EA 5,500.00$ 38,500.00$ 28 E-2 SECONDARY SPLICE BOX (FULL TRAFFIC)15 EA 4,200.00$ 63,000.00$ 29 E-2 SECONDARY SPLICE BOX 39 EA 1,400.00$ 54,600.00$ Job 9503 10-28-20 3 HAWTHORNE UTILITY UNDERGROUNDING DISTRICT TOWN OF TIBURON, CALIFORNIA ENGINEER'S CONSTRUCTION COST ESTIMATE Job 9503 October 28, 2020 ITEM NO.ITEM DESCRIPTION ESTIMATED QUANTITY UNIT ENGINEER'S ESTIMATE UNIT COST ITEM COST 30 TRANSFORMER PAD 6 EA 9,500.00$ 57,000.00$ 31 DUPLEX TRANSFORMER PAD (M360003)1 EA 11,000.00$ 11,000.00$ 32 RETAINING WALL (15' precast)2 EA 10,000.00$ 20,000.00$ UNDERGROUND TELEPHONE SYSTEM (AT&T) 33 TELEPHONE 4-INCH DIAMETER CONDUIT 8,902 LF 20.00$ 178,040.00$ 34 TELEPHONE 2-INCH DIAMETER CONDUIT 4,127 LF 15.00$ 61,905.00$ 35 48" x 78" x 36"D T-8 SERVICE BOX 1 EA 5,000.00$ 5,000.00$ 36 20" X 42" X 28"D T-3 SERVICE BOX 18 EA 2,700.00$ 48,600.00$ 37 20" X 42" X 28"D T-3 SERVICE BOX (FULL TRAFFIC)14 EA 8,000.00$ 112,000.00$ 38 T2 BOX (FULL TRAFFIC)1 EA 5,500.00$ 5,500.00$ 39 11" X 17" X 10"D T-1 PULL BOX 10 EA 1,700.00$ 17,000.00$ Job 9503 10-28-20 4 HAWTHORNE UTILITY UNDERGROUNDING DISTRICT TOWN OF TIBURON, CALIFORNIA ENGINEER'S CONSTRUCTION COST ESTIMATE Job 9503 October 28, 2020 ITEM NO.ITEM DESCRIPTION ESTIMATED QUANTITY UNIT ENGINEER'S ESTIMATE UNIT COST ITEM COST 40 11" X 17" X 10"D T-1 PULL BOX (FULL TRAFFIC)1 EA 5,000.00$ 5,000.00$ UNDERGROUND CABLE TELEVISION (COMCAST) 41 CABLE 2-INCH DIAMETER CONDUIT 11,836 LF 15.00$ 177,540.00$ 42 CABLE 1-INCH DIAMETER CONDUIT (SERVICE)4,239 LF 10.00$ 42,390.00$ 43 48” x 30” x 12”D B-48 TV-SPLICE BOX W/ 1-10” EXTENSION 5 EA 4,200.00$ 21,000.00$ 44 48” x 30” x 12”D B-48 TV-SPLICE BOX W/ 1-10” EXTENSION (FULL TRAFFIC)3 EA 12,500.00$ 37,500.00$ 45 22" W x 35" L x 12" T B36 BOX 11 EA 1,500.00$ 16,500.00$ 46 22" W x 35" L x 12" T B36 BOX (FULL TRAFFIC)1 EA 4,500.00$ 4,500.00$ 47 13” x 24” x 18”D B-30 TV-BOX 14 EA 1,400.00$ 19,600.00$ 48 13” x 24” x 18”D B-30 TV-BOX (FULL TRAFFIC)12 EA 4,000.00$ 48,000.00$ Job 9503 10-28-20 5 HAWTHORNE UTILITY UNDERGROUNDING DISTRICT TOWN OF TIBURON, CALIFORNIA ENGINEER'S CONSTRUCTION COST ESTIMATE Job 9503 October 28, 2020 ITEM NO.ITEM DESCRIPTION ESTIMATED QUANTITY UNIT ENGINEER'S ESTIMATE UNIT COST ITEM COST PAVEMENT WORK - TIBURON BLVD 49 HOT MIX ASPHALT - 2" OVERLAY (TIBURON BLVD)3,259 TON 115.00$ 374,785.00$ 50 REMOVE AND REPLACE DETECTOR LOOP (TIBURON BLVD)17 EA 600.00$ 10,200.00$ 51 CONFORM GRIND AND WEDGE GRIND 9,870 SF 6.00$ 59,220.00$ 52 HOT MIX ASPHALT Base Repair (5") (TIBURON BLVD)510 SF 6.00$ 3,060.00$ 53 ADJUST MANHOLES TO GRADE 3 EA 2,000.00$ 6,000.00$ 54 ADJUST DETECTOR HANDHOLE TO GRADE 3 EA 1,500.00$ 4,500.00$ 55 ADJUST CALTRANS STREET LIGHTING BOX TO GRADE 4 EA 1,500.00$ 6,000.00$ 56 INSTALL DETAIL 22 (THERMOPLASTIC)1,125 LF 2.50$ 2,812.50$ 57 INSTALL DETAIL 27B (THERMOPLASTIC)2,955 LF 1.50$ 4,432.50$ 58 INSTALL DETAIL 29 (THERMOPLASTIC)375 LF 5.50$ 2,062.50$ Job 9503 10-28-20 6 HAWTHORNE UTILITY UNDERGROUNDING DISTRICT TOWN OF TIBURON, CALIFORNIA ENGINEER'S CONSTRUCTION COST ESTIMATE Job 9503 October 28, 2020 ITEM NO.ITEM DESCRIPTION ESTIMATED QUANTITY UNIT ENGINEER'S ESTIMATE UNIT COST ITEM COST 59 INSTALL DETAIL 38 (THERMOPLASTIC)250 LF 2.25$ 562.50$ 60 INSTALL DETAIL 41 (THERMOPLASTIC)55 LF 1.00$ 55.00$ 61 INSTALL WHITE PAVEMENT MARKING (THERMOPLASTIC)225 SF 5.00$ 1,125.00$ 62 INSTALL YELLOW PAVEMENT MARKING (THERMOPLASTIC)410 SF 5.00$ 2,050.00$ PAVEMENT WORK - TOWN FUNDED 63 MILL EXISTING PAVEMENT - 2" DEPTH 7,770 SY 6.75$ 52,447.50$ 64 HOT MIX ASPHALT - 2" OVERLAY 1,000 TON 115.00$ 115,000.00$ 65 HOT MIX ASPHALT Base Repair (5")3,920 SF 6.00$ 23,520.00$ 66 REMOVE AND REPLACE DETECTOR LOOP 4 EA 600.00$ 2,400.00$ 67 ADJUST MANHOLES TO GRADE 11 EA 2,000.00$ 22,000.00$ 68 ADJUST WATER VALVE TO GRADE 21 EA 40.00$ 840.00$ Job 9503 10-28-20 7 HAWTHORNE UTILITY UNDERGROUNDING DISTRICT TOWN OF TIBURON, CALIFORNIA ENGINEER'S CONSTRUCTION COST ESTIMATE Job 9503 October 28, 2020 ITEM NO.ITEM DESCRIPTION ESTIMATED QUANTITY UNIT ENGINEER'S ESTIMATE UNIT COST ITEM COST 69 ADJUST GAS VALVE TO GRADE 5 EA 1,000.00$ 5,000.00$ 70 ADJUST WATER METER TO GRADE 2 EA 1,500.00$ 3,000.00$ 71 ADJUST MONUMENT TO GRADE 2 EA 1,500.00$ 3,000.00$ 72 ADJUST DETECTOR HANDHOLE TO GRADE 1 EA 1,100.00$ 1,100.00$ 73 MONUMENT PRESERVATION 3 EA 4,000.00$ 12,000.00$ 74 CONSTRUCT CALTRANS CASE CM CURB RAMP 1 EA 6,000.00$ 6,000.00$ 75 MINOR CONCRETE (DRIVEWAYS, SIDEWALK, CURB & GUTTER)3,200 SF 27.00$ 86,400.00$ 76 INSTALL DETAIL 21 (THERMOPLASTIC)665 LF 1.50$ 997.50$ 77 INSTALL DETAIL 27B (THERMOPLASTIC)1,415 LF 1.50$ 2,122.50$ 78 INSTALL DETAIL 38A (THERMOPLASTIC)50 LF 1.50$ 75.00$ 79 INSTALL WHITE PAVEMENT MARKING (THERMOPLASTIC)290 SF 5.00$ 1,450.00$ Job 9503 10-28-20 8 HAWTHORNE UTILITY UNDERGROUNDING DISTRICT TOWN OF TIBURON, CALIFORNIA ENGINEER'S CONSTRUCTION COST ESTIMATE Job 9503 October 28, 2020 ITEM NO.ITEM DESCRIPTION ESTIMATED QUANTITY UNIT ENGINEER'S ESTIMATE UNIT COST ITEM COST 80 INSTALL YELLOW PAVEMENT MARKING (THERMOPLASTIC)310 SF 5.00$ 1,550.00$ 81 INSTALL BLUE MARKER 7 EA 120.00$ 840.00$ 82 STRIPING AND PAVEMENT MARKING (EXCLUDING 2" OVERLAY AND MILL 1 LS 500.00$ 500.00$ SUBTOTAL TOWN FUNDED PAVEMENT WORK (Items 63-82)340,242.50$ SUBTOTAL DISTRICT FUNDED WORK (Items 1-62)4,111,032.00$ $ 4,451,274.50 Since ILS Associates, Inc. has no control over the cost of labor, materials, equipment, competitive bidding or market conditions, the above noted prices are our opinion of probable construction costs based on our judgment as design professionals, however this in no way guarantees that proposals, bids, or construction costs will not deviate from the estimate provided above. TOTAL PRICE Job 9503 10-28-20 9 EXHIBIT 4 1401 Willow Pass Road, Suite 500, Concord, CA 94520 p: 925.827.4900 f: 866.356.0998 www.WeAreHarris.com MEMORANDUM To: Steven Palmer From: Zach Carroll RE: Tiburon Hawthorne Hard Rock Excavation Determination Date: 11/03/2020 CC: Kourosh Iranpour Purpose: The purpose of this memorandum is to describe the method used in determining a quantity of hard rock, in tons, that may be encountered needing excavation for utility trenching in the Tiburon – Hawthorne Undergrounding project. Attachments: Relevant documents attached are: Attachment 1: Geotechnical Report by Miller Pacific Engineering Group – 6/13/2018 Attachment 2: Exhibit – Joint Trench Composite Key Map with Geology – 11/3/2020 Geotechnical Report: The Geotechnical Report prepared by Miller Pacific Engineering Group dated 6/13/2018 describes two regionally mapped geologic units within the project limits: Quaternary Colluvium (Qc) and Franciscan Mélange (fm). Subsurface exploration by the geotechnical engineer are generally consistent with the regionally-mapped geology. Attention is directed to page 5 of the Geotechnical Report: Earthwork – Excavations. The following quote from the report is the basis behind the calculation methodology: “Franciscan bedrock was encountered in Borings 1, 2, 3, 4, 6 and 12. The Franciscan bedrock is variable in rock type and hardness. The bedrock often contains inclusions and zones of harder, more resistant rock which cannot be efficiently excavated with typical equipment and may require specialized techniques or equipment to excavate (e.g., jackhammers or hoe-rams). Therefore, we recommend inclusion of a line item and clear definition for “hard rock excavation” in the project bid documents. Based on our subsurface exploration, we estimate approximately ½ of the planned excavation within the mapped Franciscan Mélange bedrock could encounter hard rock. The remaining ½ of the mapped bedrock area will likely encountered highly weathered, fractured, weak bedrock that could be excavated with conventional equipment. If hard rock conditions are claimed during construction, we should be consulted to observe conditions and confirm classification as hard rock.” Methodology: Overlaying the geologic map from the Geotechnical Report over the project Key Map, as illustrated in Attachment 1, shows locations where fm geology is located. For calculating hard rock, it is assumed that ½ of material excavated in fm geology is hard rock based on the estimate by the Geotechnical Engineer. 2 The calculation methodology is as follows: For each JT sheet, estimated the percentage of trenches which lay within fm geology. For example, approximately 50% of trenches on JT-8 fall on fm geology. For each JT sheet, calculated the total volume of material excavated for trenching based on width, depth, and length of all trenches on each JT sheet. Multiplied fm percentage for each JT sheet with total volume excavated of respective JT sheet. Summed total volume of excavated material in fm geology and multiplied by ½, the estimated amount of hard rock to be encountered in these areas. Converted volume to mass using an assumed density of 165 lb/ft3 for hard rock. Example Calculation: JT-8 example: 𝜌 = 𝑑𝑒𝑛𝑠𝑖𝑡𝑦 𝑜𝑓 ℎ𝑎𝑟𝑑 𝑟𝑜𝑐𝑘 = 165 𝑙𝑏/𝑓𝑡 ଷ 𝑡 = % 𝑜𝑓 𝑡𝑟𝑒𝑛𝑐ℎ𝑒𝑠 𝑖𝑛 𝑓𝑚 𝑔𝑒𝑜𝑙𝑜𝑔𝑦 = 50% 𝑟 = % 𝑜𝑓 ℎ𝑎𝑟𝑑 𝑟𝑜𝑐𝑘 𝑖𝑛 𝑓𝑚 𝑔𝑒𝑜𝑙𝑜𝑔𝑦 = 50% 𝑉 = 𝑡𝑜𝑡𝑎𝑙 𝑣𝑜𝑙𝑢𝑚𝑒 𝑜𝑓 𝑒𝑥𝑐𝑎𝑣𝑎𝑡𝑒𝑑 𝑡𝑟𝑒𝑛𝑐ℎ 𝑚𝑎𝑡𝑒𝑟𝑖𝑎𝑙 ≅ 19,150 𝑓𝑡 ଷ 𝑡 ⋅ 𝑉 = 50% ⋅ 19,150 𝑓𝑡 ଷ = 9,575 𝑓𝑡 ଷ 𝑀 = 𝑚𝑎𝑠𝑠 𝑜𝑓 ℎ𝑎𝑟𝑑 𝑟𝑜𝑐𝑘 = 𝜌 ⋅ (𝑡 ⋅ 𝑉) ⋅ 𝑟 𝑀 = 165 𝑙𝑏 𝑓𝑡ଷ ⋅ 9,575 𝑓𝑡 ଷ ⋅ 50% = 789,900 𝑙𝑏 ⋅ 1 𝑡𝑜𝑛 2000 𝑙𝑏= 395 𝑡𝑜𝑛𝑠 Estimated Mass of Hard Rock by JT Sheet: JT SHEET MASS (tons) 1 83 2 160 3 0 4 124 5 0 6 225 7 0 8 395 9 34 10 62 11 574 12 0 13 0 Total 1657 Conclusion: To conclude, the methods described above show how the total tonnage of hard rock excavation were determined. It must be noted that this bid item is revocable due to the fact that actual underground conditions can only feasibly be estimated and it is not possible to predict exact amounts of hard rock which will be 3 encountered in excavating trenches. The true value can only be determined during construction, may be more or less than the estimate, and the estimated value of 1657 tons mainly serves the purpose of acquiring a unit price from bidders. In retrospect, 1657 tons should be rounded to 1660 tons so as not to imply an exact quantity to the nearest ton is known. ATTACHMENT 1 GEOTECHNICAL REPORT 504 Redwood Blvd., Suite 220 Novato, California 94947 T (415) 382-3444 F (415) 382-3450 June 13, 2018 File: 458.378altr.doc Harris & Associates 1401 Willow Pass Road, Suite 500 Concord, California 94520 Attn: Mr. Rocco Colicchia Re: Geotechnical Investigation Hawthorne Undergrounding District Tiburon, California Introduction This letter summarizes the results of our Geotechnical Investigation for the planned utility undergrounding project within Tiburon, California. The project site location is shown on Figure 1. Our services have been provided in accordance with the terms of our Agreement dated May 4, 2018. The purpose of our services is to investigate site geologic conditions and provide geotechnical recommendations and criteria for use in project design and construction. The scope of our services is described in our revised proposal letter dated April 6, 2018. The scope of services includes subsurface exploration, laboratory testing of recovered samples, evaluation of significant geologic hazards, development of geotechnical recommendations / design criteria, and preparation of a written report. Project Description We understand that undergrounding of over-head utilities would be performed on Rock Hill Road, Del Mar Drive, portion of Hilary Drive, portion of Hawthorne Drive, portion of Tiburon Blvd, Palmer Court and portion of Richardson Bay trail. We anticipate depth of excavation for the undergrounding will be roughly 5 feet deep. Regional Geology The site is located within the Coast Range Geomorphic Province of California. The regional bedrock geology consists of complexly folded, faulted, sheared, and altered sedimentary, igneous, and metamorphic rock of the Franciscan Complex. Bedrock is characterized by a diverse assemblage of greenstone, sandstone, shale, chert, and melange, with lesser amounts of conglomerate, calc-silicate rock, schist and other metamorphic rocks. The regional topography is characterized by northwest-southeast trending mountain ridges and intervening valleys that were formed by movement between the North American and the Pacific Plates. Continued deformation and erosion during the late Tertiary and Quaternary Age (the last several million years) formed the prominent coastal ridges and the inland depression that is now the San Francisco Bay. The more recent seismic activity within the Coast Range Geomorphic Province is concentrated along the San Andreas Fault zone, a complex group of generally north to northwest trending faults. Regional geologic mapping indicates topographic ridges (Rock Hill Road and Tiburon Blvd between Bayshore and Palmer Court) are underlain by Franciscan Mélange bedrock consisting of variable rock types including sandstone, shale, greenstone, chert and serpentinite with lesser June 13, 2018 Harris & AssociatesPage 2 of 8 amounts of other rock types. The remainder of the project site is mapped landslide materials. The regional geology is shown on Figure 2. Seismicity The project site is located within a seismically active region that includes the Central and Northern Coast Mountain Ranges. Several active faults are present in the area including the San Andreas, San Gregorio, Hayward, and Rodgers Creek, among others. An “active” fault is defined as one that shows displacement within the last 11,000 years and, therefore, is considered more likely to generate a future earthquake than a fault that shows no evidence of recent rupture. The California Department of Conservation, Division of Mines and Geology has mapped various active and inactive faults in the region (CDMG, 1972 and 2000). These faults, are shown in relation to the project site on the attached Active Fault Map, Figure 3. The San Andreas and Hayward Faults are the nearest known active faults to the site, and are located about 14-km southwest and northeast, respectively. Numerous earthquakes have occurred in the region within historic times. A map showing the distribution of M>2.0 earthquakes since 1985 in the San Francisco Bay Region is shown on Figure 4. The site will likely experience moderate to strong ground shaking from future earthquakes originating on any of several active faults in the San Francisco Bay region. The historical records do not directly indicate either the maximum credible earthquake or the probability of such a future event. To evaluate earthquake probabilities in California, the USGS has assembled a group of researchers into the “Working Group on California Earthquake Probabilities” (USGS 2003, 2008; Field, et al, 2015) to estimate the probabilities of earthquakes on active faults. These studies have been published cooperatively by the USGS, CGS, and Southern California Earthquake Center (SCEC) as the Uniform California Earthquake Rupture Forecast, Versions 1, 2, and 3 (aka UCERF, UCERF2, and UCERF3, respectively). In these studies, potential seismic sources were analyzed considering fault geometry, geologic slip rates, geodetic strain rates, historic activity, micro-seismicity, and other factors to arrive at estimates of earthquakes of various magnitudes on a variety of faults in California. Conclusions from the most recent UCERF3 and USGS’ 2016 Fact Sheet indicate there is a 72% chance of an M>6.7 earthquake in the San Francisco Bay Region between 2014 and 2043. The highest probability of a M>6.7 earthquake on any of the active faults in the region is assigned to the Hayward Fault, located northeast of the site, at 33%. The San Andreas Fault, located southwest, is assigned a 22% probability of a M>6.7 earthquake by 2043. Additional studies regarding earthquake probabilities in the Bay Area are ongoing. Surface Conditions Within the project areas, surface conditions generally consist of asphalt-paved roadways. The sites are located within relatively densely-populated suburban areas with neighboring properties generally consisting of residential developments. There are overhead power lines along the shoulder of the streets and numerous underground utilities exist within the roadways. Subsurface Exploration and Laboratory Testing Subsurface exploration for the project included excavation of 14 borings at the approximate locations shown on Figure 5. Borings were excavated in May 2018 using truck and track-mounted June 13, 2018 Harris & AssociatesPage 3 of 8 drilling equipment. The borings extended to explored depths ranging from about 4 to 8.5 feet below the ground surface. Soil and rock materials encountered were logged by our Field Engineer and samples collected from select intervals for laboratory testing. Brief descriptions of the terms and methodology used in classifying earth materials are shown on the Soil and Rock Classification Charts, Figures A-1 and A-2, respectively. Exploratory boring logs are shown on Figures A-3 through A-16. During our exploration we obtained soil samples at selected depths. Samples were examined in the field, sealed to prevent moisture loss, and carefully transported to our Petaluma laboratory. Laboratory testing for the project was performed in general accordance with applicable ASTM standards and included determination of moisture content, dry density, unconfined compressive strength, plasticity index, sieve analysis and percentage of fines (particles passing the #200 sieve). The results of our laboratory test results are shown on the boring logs, Figures A-3 through A-16. The subsurface exploration and laboratory testing programs are discussed in further detail in Appendix A. Subsurface Conditions The results of our subsurface exploration are generally consistent with the regionally-mapped geology. The majority of the project area is underlain either by colluvium/ old landslide debris, or Franciscan Bedrock consisting of sandstone, shale, chert or greenstone. A general description of these units is provided below and the interpreted geologic conditions are shown on Figure 5. Pavement Sections – Asphalt-concrete over aggregate baserock pavement sections were encountered in the borings. The AC thickness varied from 2 to 5 inches and the aggregate baserock varies from 5 to 8 inches. Quaternary Colluvium (Qc) – This unit is composed of unconsolidated, poorly sorted soil and rock fragments transported by gravity including old landslide deposits. These soils are mostly medium stiff, sandy and gravelly clay with some medium dense, clayey sand zones. Franciscan Mélange (fm) – This bedrock unit is variable within the project site and ranges from pervasively sheared, weak shale to hard, strong, chert. Bedrock types encountered in our exploration or observed in cuts include shale, sandstone, greenstone, chert, and serpentinite. The mélange also typically inclusions of metamorphic and volcanic rocks (i.e., schist and basalt). Groundwater was encountered during exploration of the project borings. Because the borings were not left open for an extended period of time, a stabilized depth to groundwater may not have been observed. Groundwater elevations fluctuate seasonally and higher groundwater levels may be present during periods of intense rainfall. Geologic Hazards Evaluation This section summarizes our review of commonly considered geologic hazards and discusses their potential impacts on the planned improvements. The primary geologic hazards which could affect the proposed development include strong seismic ground shaking. Other geologic hazards including fault rupture, liquefaction, expansive soils, tsunami, erosion and flooding, are judged less than significant with regard to the proposed project. Significant geologic hazards for the project are discussed in further detail in the following paragraphs. June 13, 2018 Harris & AssociatesPage 4 of 8 Seismic Shaking The project site will likely experience seismic ground shaking similar to other areas in the seismically active Bay Area. The intensity of ground shaking will depend on the characteristics of the causative fault, distance from the fault, the earthquake magnitude and duration, and site-specific geologic conditions. While a detailed seismic hazard analysis is beyond the scope of our work for this project, it should be noted that the potential for strong seismic shaking at the project site is high. Due to their proximity and historic rates of activity, the San Andreas and Hayward Faults present the highest potential for severe ground shaking. The significant adverse impact associated with strong seismic shaking is potential damage to the planned underground utilities and related above ground improvements. Measures to mitigate the effects of strong ground shaking should include using flexible connections and designing any new structures to resist seismic loads as discussed under the Seismic Design Section. Conclusions and Recommendations Based on the results of our subsurface exploration, we judge that construction of the proposed improvements is feasible from a geotechnical standpoint. Primary geotechnical considerations for the project include excavation of potential hard bedrock areas, temporary support for excavations, appropriate seismic and structural design for any new structures, and providing for proper bedding, trench backfill and pavement restoration. Additional discussion and recommendations addressing these and other considerations are presented in the following sections: Seismic Design Minimum mitigation of ground shaking includes seismic design of new structures in conformance with the provisions of the most recent edition (2016) of the California Building Code. The magnitude and character of these ground motions will depend on the particular earthquake and the site response characteristics. Based on the interpreted subsurface conditions and proximity of active faults, we recommend the CBC coefficients and site values shown in Table 2 be used to calculate the design base shear of new improvements as applicable. Table 2 – 2016 California Building Code Seismic Design Criteria Parameter Design Value Site Class C “Representative” Site Latitude 37.89°N “Representative” Site Longitude -122.48°W Spectral Response (short), SS 1.500 g Spectral Response (1-sec), S1 0.603 g Site Coefficient, Fa 1.0 Site Coefficient, FV 1.3 Reference: USGS US Seismic Design Maps (http://earthquake.usgs.gov/designmaps/us/application), accessed on May 30, 2018. June 13, 2018 Harris & AssociatesPage 5 of 8 Earthwork Earthwork for the undergrounding work should be performed in accordance with the following recommendations: 1. Excavations – Trench excavations for undergrounding utilities and related improvements will generally encounter medium stiff clay and sandy clay colluvial soils and variable weathered Franciscan bedrock as shown on the geologic map, Figure 6. Based on our subsurface exploration, we judge most of the site excavation within colluvial soils and weathered weak bedrock can be performed with “traditional” equipment, such as medium-size excavators. Franciscan bedrock was encountered in Borings 1, 2, 3, 4, 6 and 12. The Franciscan bedrock is variable in rock type and hardness. The bedrock often contains inclusions and zones of harder, more resistant rock which cannot be efficiently excavated with typical equipment and may require specialized techniques or equipment to excavate (e.g., jackhammers or hoe-rams). Therefore, we recommend inclusion of a line item and clear definition for “hard rock excavation” in the project bid documents. Based on our subsurface exploration, we estimate approximately ½ of the planned excavation within the mapped Franciscan Mélange bedrock could encounter hard rock. The remaining ½ of the mapped bedrock area will likely encountered highly weathered, fractured, weak bedrock that could be excavated with conventional equipment. If hard rock conditions are claimed during construction, we should be consulted to observe conditions and confirm classification as hard rock. In unsupported excavations, the cohesive soils may be susceptible to squeezing and sloughing. Granular soils from backfill of existing underground utilities are susceptible to raveling. The colluvium and old fill soils should be considered “Type C” soils, whereas the Franciscan bedrock is generally considered “Type A” soil in accordance with Cal-OSHA soil type designations. Where required, temporary support for excavations should be installed immediately following excavation to ensure the safety of workers and to reduce the potential for trench failure and damage to surrounding areas. Shoring and temporary support of excavations is discussed in further detail below. 2.Fill Materials – Unless otherwise recommended by Town of Tiburon or the pipe/conduitmanufacturer, bedding and embedment materials should consist of well-graded sand with 90 to 100 percent of particles passing the No. 4 sieve and no more than 5 percent finer than the No. 200 sieve. Provide the minimum bedding thickness beneath the pipe/conduit in accordance with the manufacturer’s recommendations (typically 3 to 6 inches). Fill materials used for trench backfill should consist of non-expansive materials that are free of organic matter, have a Liquid Limit of less than 40 (ASTM D 4318), a Plasticity Index of less than 20 (ASTM D 4318), and have a minimum R-value of 20 (California Test 301). The fill material should contain no more than 50 percent of particles passing a No. 200 sieve and should have a maximum particle size of 4 inches. Some of the onsite soils may be suitable for re-use as trench backfill provided that it meets the requirements above. Class 2 aggregate baserock is typically used for trench backfill to provide more uniform compaction and better support of pavement sections. 3. Fill Placement and Compaction – Fill materials should be moisture conditioned to near theoptimum moisture content prior to placement. Properly moisture conditioned fill materials should June 13, 2018 Harris & AssociatesPage 6 of 8 subsequently be placed in loose, horizontal lifts of 8 inches or less and uniformly compacted to the relative compaction values indicated in Table 3. The maximum dry density and optimum moisture content of fill materials should be determined in accordance with ASTM D1557. The trench shoring must be removed in a manner that does not loosen or disturb the compacted backfill. The potential for settlement is generally greater in deeper trenches primarily due to the greater backfill thickness and difficulties associated with compacting in deep, confined areas. Therefore, the backfill in deeper trenches should be compacted to a higher relative compaction to reduce the risk of future settlements. Alternatively, controlled low-strength material (CLSM) could be used in lieu of compacted backfill material. Table 3 – Compaction Requirements for Trench Backfill Condition Relative Compaction (%) Trenches with Excavation Depth less than 10 feet 90 Trenches with Excavation Depth greater than 10 feet 95 Upper 12 inches of Trench Backfill (all locations) 95 Temporary Support of Excavations Temporary support of excavations will be required to ensure the safety of workers and to reduce the potential for trench failure and damage to surrounding areas. Shoring types may include trench boxes or shields, vertical hydraulic shores, or other systems. While a variety of systems are available, shoring that applies positive pressure and immediate support to the side walls of the excavation will be more effective in controlling ground movements and reducing the risk of damage to nearby utilities, pavements and structures. The selected support system should be designed to resist lateral pressures from earth and construction surcharge loads. Watertight shoring systems which do not allow for drainage should also be designed to resist hydrostatic pressures. As a minimum, shoring systems should be designed based on the criteria provided in Table 4. Table 4 – Shoring Design Criteria Parameter Design Value Active Earth Pressure, Unrestrained1 45 pcf Active Earth Pressure, Restrained2 35 x H psf Lateral Passive Resistance1, Colluvium/Alluvium 250 pcf Lateral Passive Resistance1, Franciscan Rock 400 pcf Minimum Surcharge Pressure2,3 125 psf Notes: (1) Equivalent fluid pressure. (2) Rectangular distribution, H is wall height in feet (3) Apply to upper 5 feet of shoring. Based on moderate sized construction equipment. Surcharge load to be adjusted at the discretion of the Contractor’s shoring designer. June 13, 2018 Harris & AssociatesPage 7 of 8 Temporary Dewatering Based on the planned excavation depths less than 5 feet, dewatering is not expected over most of the project site. Perched water may be encountered in localized areas and require de-watering. While various systems are available, dewatering would most likely consist of sumps or wells spaced as needed to keep the groundwater level below the excavation bottom. The selection, design, installation, monitoring, and removal of temporary dewatering should be the responsibility of the Contractor in accordance with their means and methods. If required, the Contractor should submit dewatering plans for review prior to implementation. Asphalt Concrete Pavements New pavements will be required for trenches within traffic areas. We have provided preliminary pavement design in accordance with Caltrans procedures for flexible pavement1. We assumed Traffic Index values ranging from 5 to 7 depending on the expected traffic loads for a twenty-year design life. For our preliminary design, we assumed an R-value of 20 and 50 which are generally consistent with R-values for select fill and Class 2 aggregate subbase, respectively. During construction, we should test the backfill materials to confirm the R-value of the backfill material is consistent with our assumed values. The preliminary recommended pavement sections are presented in Table 5. Table 5 – Preliminary Asphalt-Concrete Pavement Sections Traffic Index Select Fill Backfill (R-Value = 20)Class 2 Aggregate Subbase (R-Value = 50) Asphalt Thickness (inches) Class 2 Aggregate Base Thickness (inches) Asphalt Thickness (inches) Class 2 Aggregate Base Thickness (inches) 5 3.5 7.0 3.0 5.0 6 4.0 9.0 3.5 6.0 7 5.0 10.0 4.0 7.0 The Class 2 aggregate base and asphalt-concrete should conform to the most recent version of Caltrans Standard Specifications and should be compacted to at least 95% relative compaction. Additionally, the aggregate base should be firm and unyielding under heavy, rubber-tired construction equipment. Plan Review and Construction Observation We must review the plans and specifications when they are nearing completion to confirm that the intent of our recommendations has been incorporated and to provide supplemental recommendations as needed. During construction, we must inspect geotechnical items relating to earthwork and new pavement construction. We should observe trench excavations, proper moisture conditioning of soils, fill placement and compaction, and other geotechnical-related work items. 1 California Department of Transportation (Caltrans) (2015), Highway Design Manual. June 13, 2018 Harris & AssociatesPage 8 of 8 If there are any questions or if we can be of further assistance, please call. Yours very truly, MILLER PACIFIC ENGINEERING GROUP Scott Stephens Geotechnical Engineer No. 2398 (Expires 6/30/19) Attachments: Figures 1 through 5; Appendix A: Subsurface Exploration and Laboratory Testing REFERENCE: Google Earth, 2018 SITE LOCATION N.T.S. NO R T H SITE FIGURE Drawn Checked Project No.Date: 5/18/2018 504 Redwood Blvd. Suite 220 Novato, CA 94947 T 415 / 382-3444 F 415 / 382-3450 www.millerpac.comFILENAME: 458.378 Figures_recover.dwg A CALIFORNIA CORPORATION, © 2018, ALL RIGHTS RESERVED 1 SITE LOCATION MAP Hawthorne Undergrounding DistrictTiburon, California 458.378 JARS SITE COORDINATESLAT. 37.890° LON. -122.476° REGIONAL GEOLOGIC MAP (NOT TO SCALE) REGIONAL GEOLOGIC MAP Reference: Bero, David A., (2014), "Geology of Ring Mountain and the Tiburon Peninsula, Marin County, California." California Geological Survey, Map Sheet 62, Plate 1, Scale 1:12:00. LEGEND SITE NO R T H FIGURE Drawn Checked Project No.Date: 5/18/2018 504 Redwood Blvd. Suite 220 Novato, CA 94947 T 415 / 382-3444 F 415 / 382-3450 www.millerpac.comFILENAME: 458.378 Figures_recover.dwg A CALIFORNIA CORPORATION, © 2018, ALL RIGHTS RESERVED 2 REGIONAL GEOLOGIC MAP Hawthorne Undergrounding DistrictTiburon, California 458.378 JARS Jum Qls Qls Jum Landslide Deposits - (Quaternary) Largely bedrock debris composed of unconsolidated and unsorted mixtures of soil, rock fragments, sand, silt and clay. Metalitharenite - Limited outcrops of weathered, fine- to medium-grained massive metalitharenite and minor thin-bedded shale of the prehnite-pumpellyite facies assemblage quartz + albite + white mica + chlorite + pumpellyite ± stilpnomelane(?). Unit is locally brecciated (KfmB). Ultramafic Rocks - (Jurassic)Composed of partially serpentinized peridotite (harzburgite) containing relict grains of olivine + orthopyroxene ± clinopyroxene ± spinel in a matrix of lizardite giving the unit a blocky appearance in outcrop. Thrust Fault - Solid where accurately located, dashed where approximately located; teeth on upper plate. SCALE 0 12.5 25 50 MILES DATA SOURCE: 1) U.S. Geological Survey, U.S. Department of the Interior, "Earthquake Outlook for the San Francisco Bay Region 2014-2043", Map of KnownActive Faults in the San Francisco Bay Region, Fact Sheet 2016-3020, Revised August 2016 (ver. 1.1). SITE COORDINATESLAT. 37.890° LON. -122.476° SITE 25 M I L E S 50 M I L E S NO R T H FIGURE Drawn Checked Project No.Date: 5/18/2018 504 Redwood Blvd. Suite 220 Novato, CA 94947 T 415 / 382-3444 F 415 / 382-3450 www.millerpac.comFILENAME: 458.378 Figures_recover.dwg A CALIFORNIA CORPORATION, © 2018, ALL RIGHTS RESERVED 3 ACTIVE FAULT MAP Hawthorne Undergrounding DistrictTiburon, California 458.378 JARS SCALE 0 12.5 25 50 MILES DATA SOURCE:1) U.S. Geological Survey, U.S. Department of the Interior, "Earthquake Outlook for the San Francisco Bay Region 2014-2043", Map of Earthquakes Greater Than Magnitude 2.0 in the San Francisco Bay Region from 1985-2014, Fact Sheet 2016-3020, Revised August 2016 (ver.1.1). SITE COORDINATESLAT. 37.890°LON. -122.476° NO R T H 50 M I L E S SITE 25 M I L E S FIGURE Drawn Checked Project No.Date: 5/18/2018 504 Redwood Blvd. Suite 220 Novato, CA 94947 T 415 / 382-3444 F 415 / 382-3450 www.millerpac.comFILENAME: 458.378 Figures_recover.dwg A CALIFORNIA CORPORATION, © 2018, ALL RIGHTS RESERVED 4 HISTORIC FAULT MAP Hawthorne Undergrounding DistrictTiburon, California 458.378 JARS B - 1 B - 2 B - 3 B - 4 B - 6 B - 1 0 B-7 B - 5 B - 8 B - 1 2 B - 9 B-11 f m Qc Q c c h s s g s Qc Q c x x x x xx B-14 B-13 H I L L A R Y D R . HAWTHORNETIBURON BLVD R O C K H I L L D R . D E L M A R D R . ROCK HIL L D R . MARA VIST A C T . PALMER CT.BAYVIEWTERRACE fm INTERPRETE D E X T E N T WHERE BED R O C K I S LESS THAN 5 F T B E L O W GROUND SU R F A C E D r a w n C h e c k e d P r o j e c t N o . D a t e : F I G U R E 5 0 4 R e d w o o d B l v d . S u i t e 2 2 0 N o v a t o , C A 9 4 9 4 7 T 4 1 5 / 3 8 2 - 3 4 4 4 F 4 1 5 / 3 8 2 - 3 4 5 0 w w w . m i l l e r p a c . c o m A C A L I F O R N I A C O R P O R A T I O N , © 2 0 1 6 , A L L R I G H T S R E S E R V E D H a w t h o r n e U n d e r g r o u n d i n g D i s t r i c t T i b u r o n , C a l i f o r n i a 4 5 8 . 3 7 8 5 / 1 6 / 1 8 S I T E P L A N & G E O L O G I C M A P S A S Z M S 5 F I L E : 4 5 8 . 3 7 8 G P S C o n t r o l w i t h A e r i a l . d w g S C A L E 0 1 0 0 2 0 0 4 0 0 F E E T NORTH L e g e n d Q c C o l l u v i u m : U n c o n s o l i d a t e d a n d u n s o r t e d s o i l a n d r o c k m a t e r i a l d e p o s i t e d a t o r o n t h e b a s e o f s l o p e s d u e t o n a t u r a l s l o p e w a s h o r g r a v i t a t i o n a l p r o c e s s e s . T y p i c a l l y d e r i v e d b y t h e w e a t h e r i n g a n d d e c o m p o s i t i o n o f t h e u n d e r l y i n g p a r e n t b e d r o c k . C o v e r s m o s t s l o p e s , b u t m a p p e d o n l y w h e r e a s s u m e d t o b e m o r e t h a n 5 f e e t t h i c k . f m F r a n c i s c a n M e l a n g e : A t e c t o n i c m i x t u r e c o n s i s t i n g o f s m a l l t o l a r g e r o c k m a s s e s o f r e s i s t a n t r o c k t y p e s , p r i n c i p a l l y s a n d s t o n e , g r e e n s t o n e , c h e r t , a n d s e r p e n t i n i t e , b u t i n l u d i n g v a r i o u s e x o t i c r o c k t y p e s e m b e d d e d i n a m a t r i x o f p e r v a s i v e l y s h e a r e d o r p u l v e r i z e d r o c k m a t e r i a l . I r r e g u l a r z o n e s o f h a r d , c o m p e t e n t b e d r o c k o c c u r s p o r a d i c a l l y t h r o u g h o u t t h e F r a n c i s c a n M e l a n g e . O u t c r o p s o f s p e c i f i c r o c k t y p e s a r e n o t e d o n t h e m a p , a n d i d e n t i f i e d b y l i t h o l o g i c s y m b o l s a s f o l l o w s : s s S a n d s t o n e : M a i n l y g r e y w a c k e t y p e s a n d s t o n e w i t h o r w i t h o u t r e l a t i v e l y s m a l l a m o u n t s o f s h a l e . I n c l u d e s d a r k g r a y , t o u g h m e t a - w a c k e a n d s o m e m a s s e s o f a r k o s i c s a n d s t o n e s s h S a n d s t o n e a n d S h a l e : A l t e r n a t i n g t h i n b e d s o f s a n d s t o n e a n d s h a l e c h C h e r t : M a i n l y i s o l a t e d p r o m i n e n t o u t c r o p s o f r e d d i s h b r o w n , g r e e n i s h , o r l i g h t g r a y , t h i n l y b e d d e d , r a d i o l a r i a n c h e r t , b u t i n c l u d e s e x p o s u r e s o f m a s s i v e , r e d , y e l l o w , o r m o t t l e d j a s p e r . g s G r e e n s t o n e : M o r e o r l e s s a l t e r e d o r m e t a m o r p h o s e d b a s a l t i c i g n e o u s r o c k s o c c u r r i n g i n s m a l l , i s o l a t e d m a s s e s s p S e r p e n t i n e : P a l e g r e e n t o d a r k g r e e n , f i n e g r a i n e d , m e t a m o r p h i c r o c k s c o m p o s e d a l m o s t e n t i r e l y o f m a g n e s i u m s i l i c a t e m i n e r a l s l i z a r d i t e a n d c h r y s o t i l e T e s t b o r i n g b y M P E G , 2 0 1 8 APPENDIX A SUBSURFACE EXPLORATION AND LABORATORY TESTING A. Soil and Rock Classification Systems We explored subsurface conditions at the site between May 10 and 25, 2018 at the approximate locations shown on Figure 6. Borings were excavated to maximum explored depths between 8.5 below the ground surface by use of a truck-mounted drill rig equipped with 6-inch solid continuous flight augers, a track-mounted drill rig equipped with 4-inch solid continuous flight augers. Upon completion, borings were backfilled with soil cutting and capped with 6-inches of rapid-set concrete dyed with lampblack. Samples were collected from select intervals by use of a 3.0-inch diameter, 18-inch long, split-barrel “California” sampler equipped with 6-inch by 2.5-inch brass tube liners and a 2.0-inch diameter, 18-inch long, split-barrel Standard Penetration Test (SPT) sampler without liners. Samplers were driven by a 140-pound auto-trip hammer falling 30-inches. The number of blows required to drive each sampler was recorded on the boring logs. The soils encountered were logged and identified by our field geologist in general accordance with ASTM Standard D 2487, "Field Identification and Description of Soils (Visual-Manual Procedure)." This standard is briefly explained on the Soil Classification Chart and Key to Log Symbols and Rock Classification Chart, Figures A-1 and A-2, respectively. The exploratory boring logs are presented on Figures A-3 through A-16. B. Laboratory Testing We conducted laboratory tests on selected intact samples to verify field identifications and to evaluate engineering properties. The following laboratory tests were conducted in accordance with the ASTM standard test method cited: Laboratory Determination of Water (Moisture Content) of Soil, Rock, and Soil-Aggregate Mixtures, ASTM D 2216; Density of Soil in Place by the Drive-Cylinder Method, ASTM D 2937; Unconfined Compressive Strength of Cohesive Soil, ASTM D 2166; Amount of Material in Soils Finer than No. 200 (75-μm) Sieve, ASTM D 1140; The moisture content, dry density, unconfined compressive strength and percent particles finer than no. 200 sieve test results are shown on the exploratory boring logs, Figures A-3 through A-16. The exploratory boring logs, description of soils encountered and the laboratory test data reflect conditions only at the location of the excavation at the time they were excavated or retrieved. Conditions may differ at other locations and may change with the passage of time due to a variety of causes including natural weathering, climate, and changes in surface and subsurface drainage. MAJOR DIVISIONS SYMBOL DESCRIPTION CO A R S E G R A I N E D S O I L S ov e r 5 0 % s a n d a n d g r a v e l CLEAN GRAVEL GW Well-graded gravels or gravel-sand mixtures, little or no fines GRAVEL with fines CLEAN SAND SANDwith fines GP GM GC SW SP SM SC Poorly-graded gravels or gravel-sand mixtures, little or no fines Silty gravels, gravel-sand-silt mixtures Clayey gravels, gravel-sand-clay mixtures Well-graded sands or gravelly sands, little or no fines Poorly-graded sands or gravelly sands, little or no fines Silty sands, sand-silt mixtures Clayey sands, sand-clay mixtures FI N E G R A I N E D S O I L S ov e r 5 0 % s i l t a n d c l a y SILT AND CLAYliquid limit <50% SILT AND CLAYliquid limit >50% ML CL OL MH CH OH PTHIGHLY ORGANIC SOILS ROCK Inorganic silts and very fine sands, rock flour, silty or clayey fine sands or clayey siltswith slight plasticity Inorganic clays of low to medium plasticity, gravely clays, sandy clays, silty clays,lean clays Organic silts and organic silt-clays of low plasticity Inorganic silts, micaceous or diatomaceous fine sands or silts, elastic silts Inorganic clays of high plasticity, fat clays Organic clays of medium to high plasticity Peat, muck, and other highly organic soils Undifferentiated as to type or composition KEY TO BORING AND TEST PIT SYMBOLS CLASSIFICATION TESTS PI SA HYD P200 P4 PLASTICITY INDEX SIEVE ANALYSIS HYDROMETER ANALYSIS PERCENT PASSING NO. 200 SIEVE PERCENT PASSING NO. 4 SIEVE STRENGTH TESTS TV UC TXCU TXUU FIELD TORVANE (UNDRAINED SHEAR) LABORATORY UNCONFINED COMPRESSION CONSOLIDATED UNDRAINED TRIAXIAL UNCONSOLIDATED UNDRAINED TRIAXIAL UC, CU, UU = 1/2 Deviator Stress SAMPLER TYPE MODIFIED CALIFORNIA STANDARD PENETRATION TEST X DISTURBED OR THIN-WALLED / FIXED PISTON HAND SAMPLER ROCK CORE SAMPLER DRIVING RESISTANCE BULK SAMPLE Modified California and Standard Penetration Test samplers are driven 18 inches with a 140-pound hammer falling 30 inches per blow. Blows for the initial 6-inch drive seat the sampler. Blowsfor the final 12-inch drive are recorded onto the logs. Samplerrefusal is defined as 50 blows during a 6-inch drive. Examples ofblow records are as follows: 25 sampler driven 12 inches with 25 blows after initial 6-inch drive 85/7" sampler driven 7 inches with 85 blows after initial 6-inch drive 50/3" sampler driven 3 inches with 50 blows duringinitial 6-inch drive or beginning of final 12-inchdrive NOTE: Test boring and test pit logs are an interpretation of conditions encounteredat the excavation location during the time of exploration. Subsurface rock,soil or water conditions may vary in different locations within the project siteand with the passage of time. Boundaries between differing soil or rockdescriptions are approximate and may indicate a gradual transition. LL LIQUID LIMIT FIGUREProject No.Date: 5/18/2018 504 Redwood Blvd. Suite 220 Novato, CA 94947 T 415 / 382-3444 F 415 / 382-3450 www.millerpac.comFILENAME: 458.378 BL-A.1.dwg A CALIFORNIA CORPORATION, © 2018, ALL RIGHTS RESERVED A-1 SOIL CLASSIFICATION CHART Hawthorne Undergrounding DistrictTiburon, California 458.378 ZMS no affect on cementation coated with clay, oxides or carbonates Subsurface rock, soil and water conditions may differ in other locations and with the passage of time.Test boring and test pit logs are an interpretation of conditions encountered at the location and time of exploration.NOTE: Rock unaffected by weathering, no change with depth, rings under hammer impact A few stained fractures, slight discoloration, no mineral decomposition,Fracture surfaces coated with weathering minerals, moderate or localized discoloration Rock decomposition, thorough discoloration, all fractures are extensivelyMinerals decomposed to soil, but fabric and structure preserved Fresh SlightModerate HighComplete WEATHERING Withstands many heavy hammer blows, yields dust, small fragmentsWithstands few heavy hammer blows, yields large fragmentsIndentations <1/8 inch with moderate blow with pick end of rock hammerCrumbles under light hammer blowsCrumbles by rubbing with fingers Very strongStrongModerateWeakFriable STRENGTH Rock scratches metalDifficult to scratch, knife scratch leaves dust traceEasily scratched with a knife, friableCarved or gouged with a knife Very hardHardModerateLow HARDNESS Very thickly beddedThickly beddedMedium beddedThinly beddedVery thinly bedded Laminated greater than 6 feet2 to 6 feet8 to 24 inches2-1/2 to 8 inches3/4 to 2-1/2 inches less than 3/4 inch Very widely fracturedWidely fracturedModerately fracturedClosely fracturedIntensely fractured Crushed Bedding ClassificationSpacingFracture Classification FRACTURING AND BEDDING FIGUREProject No.Date: 5/18/2018 504 Redwood Blvd. Suite 220 Novato, CA 94947 T 415 / 382-3444 F 415 / 382-3450 www.millerpac.comFILENAME: 458.378 BL-A.1.dwg A CALIFORNIA CORPORATION, © 2018, ALL RIGHTS RESERVED A-2 ROCK CLASSIFICATION CHART Hawthorne Undergrounding DistrictTiburon, California 458.378 ZMS SY M B O L ( 4 ) SA M P L E DE P T H fe e t me t e r s WE I G H T p c f ( 2 ) DR Y U N I T CO N T E N T ( % ) MO I S T U R E BL O W S / F O O T ( 1 ) ST R E N G T H p s f ( 3 ) SH E A R DR I L L R A T E ( m i n / f t ) BORING 1 Gravelly CLAY (CL) Light brown, moist, medium stiff to stiff, low plasticity clay, with ~30-40% angular to sub angular gravels up to 2 inches. [Fill] Franciscan MelangeGray, light green, low hardness, friable, highlyweathered, pervasively sheared shale matrixmelange, with alternating serpentine and weatheredgreenstone. [Bedrock] OT H E R T E S T D A T A 25 111 19.4 2" Asphalt Concrete over 7" Aggregate Base 9 8 7 6 4 3 1 2 5 10 Water level encountered during drilling Water level measured after drilling *REFERENCE: Google Earth, 2018 ELEVATION: 200 feet DATE: 5/10/18 EQUIPMENT: Truck-Mounted Drill Rig with 4.0-inch Solid Flight Auger 32 106 18.3 UC2000 42 124 10.2 Boring terminated at 8 feet 6 inches.No groundwater encountered during drilling. CLAY (CL)Dark gray, moist, stiff to very stiff, low plasticity clay, with minor fine grained sand and minor gravel. [Residual Soil] 1.0 2.0 FIGUREProject No.Date: 5/18/2018 504 Redwood Blvd. Suite 220 Novato, CA 94947 T 415 / 382-3444 F 415 / 382-3450 www.millerpac.comFILENAME: 458.378 BL-A.1.dwg A CALIFORNIA CORPORATION, © 2018, ALL RIGHTS RESERVED A-3 BORING LOG Hawthorne Undergrounding DistrictTiburon, California 458.378 ZMS SY M B O L ( 4 ) SA M P L E DE P T H fe e t me t e r s WE I G H T p c f ( 2 ) DR Y U N I T CO N T E N T ( % ) MO I S T U R E BL O W S / F O O T ( 1 ) ST R E N G T H p s f ( 3 ) SH E A R DR I L L R A T E ( m i n / f t ) BORING 2 Franciscan MelangeGray, light green, intensely fractured, low hardness, friable, highly weathered, pervasively sheared shale matrix melange, with alternating hard shale and very hard sandstone. [Bedrock] Grades to predominantly shale with reddish orangeiron oxide staining, thinly bedded OT H E R T E S T D A T A 63/10"116 13.9 UC 975 2.5" Asphalt Concrete over 6" Aggregate Base 9 8 7 6 4 3 1 2 5 10 Water level encountered during drilling Water level measured after drilling *REFERENCE: Google Earth, 2018 ELEVATION: 150 feet DATE: 5/10/18 EQUIPMENT: Truck-Mounted Drill Rig with 4.0-inch Solid Flight Auger 94/11" 9.5 50/6"9.9 Boring terminated at 7 feet 6 inches. No groundwater encountered during drilling. FIGUREProject No.Date: 5/18/2018 504 Redwood Blvd. Suite 220 Novato, CA 94947 T 415 / 382-3444 F 415 / 382-3450 www.millerpac.comFILENAME: 458.378 BL-A.1.dwg A CALIFORNIA CORPORATION, © 2018, ALL RIGHTS RESERVED A-4 BORING LOG Hawthorne Undergrounding DistrictTiburon, California 458.378 ZMS Grades to predominantly shale matrix melange. 5.0 8.0 SY M B O L ( 4 ) SA M P L E DE P T H fe e t me t e r s WE I G H T p c f ( 2 ) DR Y U N I T CO N T E N T ( % ) MO I S T U R E BL O W S / F O O T ( 1 ) ST R E N G T H p s f ( 3 ) SH E A R DR I L L R A T E ( m i n / f t ) BORING 3 OT H E R T E S T D A T A 34 127 10.9 UC 2100 4" Asphalt Concrete over 6" Aggregate Base 9 8 7 6 4 3 1 2 5 10 Water level encountered during drilling Water level measured after drilling *REFERENCE: Google Earth, 2018 ELEVATION: 90 feet DATE: 5/10/18 EQUIPMENT: Truck-Mounted Drill Rig with 4.0-inch Solid Flight Auger 45 122 10.4 89/10" 131 7.3 Boring terminated at 7 feet 10 inches. No groundwater encountered during drilling. Franciscan Melange Gray, light green, intensely fractured, low hardness,friable, highly weathered, pervasively sheared shalematrix melange, with alternating hard shale and veryhard sandstone. [Bedrock] Grades moderately strong FIGUREProject No.Date: 5/18/2018 504 Redwood Blvd. Suite 220 Novato, CA 94947 T 415 / 382-3444 F 415 / 382-3450 www.millerpac.comFILENAME: 458.378 BL-A.1.dwg A CALIFORNIA CORPORATION, © 2018, ALL RIGHTS RESERVED A-5 BORING LOG Hawthorne Undergrounding DistrictTiburon, California 458.378 ZMS 3.0 5.0 SY M B O L ( 4 ) SA M P L E DE P T H fe e t me t e r s WE I G H T p c f ( 2 ) DR Y U N I T CO N T E N T ( % ) MO I S T U R E BL O W S / F O O T ( 1 ) ST R E N G T H p s f ( 3 ) SH E A R DR I L L R A T E ( m i n / f t ) BORING 4 Clayey Gravelly SAND (SC) Medium brown, moist, very dense, fine to coarse grained sand, with variable amounts of clay and gravel. [Fill] Grades very strong. OT H E R T E S T D A T A 90/11" 139 4.8 3" Asphalt Concrete over 8" Aggregate Base 9 8 7 6 4 3 1 2 5 10 Water level encountered during drilling Water level measured after drilling *REFERENCE: Google Earth, 2018 ELEVATION: 116 feet DATE: 5/10/18 EQUIPMENT: Truck-Mounted Drill Rig with 4.0-inch Solid Flight Auger 50/5"3.5 82/11" 9.2 Boring terminated at 7 feet 11 inches.No groundwater encountered. SandstoneLight yellow, brown, medium to thickly bedded, hard,strong, moderately weathered, fine grainedsandstone. [Bedrock] Grades medium yellow, brown, weak. FIGUREProject No.Date: 5/18/2018 504 Redwood Blvd. Suite 220 Novato, CA 94947 T 415 / 382-3444 F 415 / 382-3450 www.millerpac.comFILENAME: 458.378 BL-A.1.dwg A CALIFORNIA CORPORATION, © 2018, ALL RIGHTS RESERVED A-6 BORING LOG Hawthorne Undergrounding DistrictTiburon, California 458.378 ZMS 4.0 6.0 SY M B O L ( 4 ) SA M P L E DE P T H fe e t me t e r s WE I G H T p c f ( 2 ) DR Y U N I T CO N T E N T ( % ) MO I S T U R E BL O W S / F O O T ( 1 ) ST R E N G T H p s f ( 3 ) SH E A R DR I L L R A T E ( m i n / f t ) BORING 5 CLAY (CL-CH) Dark gray, moist, medium stiff to stiff, medium plasticity clay, with ~15% fine grained sand, with minor gravels. [Colluvium] Grades to contain ~10-15% gravel. OT H E R T E S T D A T A 18 96 26.1 UC 1300 3" Asphalt Concrete over 7" Aggregate Base 9 8 7 6 4 3 1 2 5 10 Water level encountered during drilling Water level measured after drilling *REFERENCE: Google Earth, 2018 ELEVATION: 141 feet DATE: 5/10/18 EQUIPMENT: Truck-Mounted Drill Rig with 4.0-inch Solid Flight Auger 19 110 15.4 UC 1450 33 107 17.6 Boring terminated at 8 feet 6 inches.No groundwater encountered during drilling. Grades gray, green, very stiff. FIGUREProject No.Date: 5/18/2018 504 Redwood Blvd. Suite 220 Novato, CA 94947 T 415 / 382-3444 F 415 / 382-3450 www.millerpac.comFILENAME: 458.378 BL-A.1.dwg A CALIFORNIA CORPORATION, © 2018, ALL RIGHTS RESERVED A-7 BORING LOG Hawthorne Undergrounding DistrictTiburon, California 458.378 ZMS 2.0 2.0 SY M B O L ( 4 ) SA M P L E DE P T H fe e t me t e r s WE I G H T p c f ( 2 ) DR Y U N I T CO N T E N T ( % ) MO I S T U R E BL O W S / F O O T ( 1 ) ST R E N G T H p s f ( 3 ) SH E A R DR I L L R A T E ( m i n / f t ) BORING 6 CLAY with Sand (CL-CH) Medium gray, brown, moist, stiff to very stiff, medium to high plasticity clay, with ~15% fine grained sand. [Colluvium] Franciscan Melange Gray, light green, intensely fractured, low hardness, friable, highly weathered, pervasively sheared shale matrix melange. [Bedrock] OT H E R T E S T D A T A 26 115 17.8 3" Asphalt Concrete over 8" Aggregate Base 9 8 7 6 4 3 1 2 5 10 Water level encountered during drilling Water level measured after drilling *REFERENCE: Google Earth, 2018 ELEVATION: 39 feet DATE: 5/10/18 EQUIPMENT: Truck-Mounted Drill Rig with 4.0-inch Solid Flight Auger 49 106 19.7 UC 2600 72 13.5 Boring terminated at 8 feet 6 inches.No groundwater encountered during drilling. Grades yellow. FIGUREProject No.Date: 5/18/2018 504 Redwood Blvd. Suite 220 Novato, CA 94947 T 415 / 382-3444 F 415 / 382-3450 www.millerpac.comFILENAME: 458.378 BL-A.1.dwg A CALIFORNIA CORPORATION, © 2018, ALL RIGHTS RESERVED A-8 BORING LOG Hawthorne Undergrounding DistrictTiburon, California 458.378 ZMS 2.0 3.0 SY M B O L ( 4 ) SA M P L E DE P T H fe e t me t e r s WE I G H T p c f ( 2 ) DR Y U N I T CO N T E N T ( % ) MO I S T U R E BL O W S / F O O T ( 1 ) ST R E N G T H p s f ( 3 ) SH E A R DR I L L R A T E ( m i n / f t ) BORING 7 Sandy CLAY with Gravel (CL) Dark brown, moist, stiff to very stiff, low plasticity clay, with ~10-20% fine to medium grained sand, with ~10% gravels of variable size [Fill] Grades to contain ~35% sand. OT H E R T E S T D A T A 32 16.1 2" Asphalt Concrete over 6" Aggregate Base 9 8 7 6 4 3 1 2 5 10 Water level encountered during drilling Water level measured after drilling *REFERENCE: Google Earth, 2018 ELEVATION: 49 feet DATE: 5/10/18 EQUIPMENT: Truck-Mounted Drill Rig with 4.0-inch Solid Flight Auger 39 17.2 UC3050 34 112 19.4 Boring terminated at 8 feet 6 inches.No groundwater encountered during drilling. Grades reddish-brown. FIGUREProject No.Date: 5/18/2018 504 Redwood Blvd. Suite 220 Novato, CA 94947 T 415 / 382-3444 F 415 / 382-3450 www.millerpac.comFILENAME: 458.378 BL-A.1.dwg A CALIFORNIA CORPORATION, © 2018, ALL RIGHTS RESERVED A-9 BORING LOG Hawthorne Undergrounding DistrictTiburon, California 458.378 ZMS 1.0 2.0 SY M B O L ( 4 ) SA M P L E DE P T H fe e t me t e r s WE I G H T p c f ( 2 ) DR Y U N I T CO N T E N T ( % ) MO I S T U R E BL O W S / F O O T ( 1 ) ST R E N G T H p s f ( 3 ) SH E A R DR I L L R A T E ( m i n / f t ) BORING 8 CLAY with Sand (CL) Dark brown, moist, medium stiff to stiff, medium plasticity clay, with ~10-15% fine grained sand. [Colluvium] SandstoneYellow, brown, massive, moderately hard, strong,moderately to highly weathered, fine grainedsandstone. [Bedrock] OT H E R T E S T D A T A 22 119 14 3" Asphalt Concrete over 5" Aggregate Base 9 8 7 6 4 3 1 2 5 10 Water level encountered during drilling Water level measured after drilling *REFERENCE: Google Earth, 2018 ELEVATION: 47 feet DATE: 5/10/18 EQUIPMENT: Truck-Mounted Drill Rig with 4.0-inch Solid Flight Auger 68/11" 109 18.1 50/3" Boring terminated at 7 feet 3 inches. No groundwater encountered during drilling. Clayey SAND (SC) Yellow, brown, moist, medium dense to dense, fine to medium grained sand, with ~10-20% low plasticityclay. [Residual Soil] Grades very hard. FIGUREProject No.Date: 5/18/2018 504 Redwood Blvd. Suite 220 Novato, CA 94947 T 415 / 382-3444 F 415 / 382-3450 www.millerpac.comFILENAME: 458.378 BL-A.1.dwg A CALIFORNIA CORPORATION, © 2018, ALL RIGHTS RESERVED A-10 BORING LOG Hawthorne Undergrounding DistrictTiburon, California 458.378 ZMS 2.0 6.0 SY M B O L ( 4 ) SA M P L E DE P T H fe e t me t e r s WE I G H T p c f ( 2 ) DR Y U N I T CO N T E N T ( % ) MO I S T U R E BL O W S / F O O T ( 1 ) ST R E N G T H p s f ( 3 ) SH E A R DR I L L R A T E ( m i n / f t ) BORING 9 CLAY with Sand (CL) Dark gray, moist, stiff to very stiff, low to mediumplasticity clay, with ~10-15% fine grained sand.[Colluvium] Grades yellow brown, moist, low plasticity, with ~25-30% fine to medium grained sand. OT H E R T E S T D A T A 26 113 16.7 UC 1900 5" Asphalt Concrete over 6" Aggregate Base 9 8 7 6 4 3 1 2 5 10 Water level encountered during drilling Water level measured after drilling *REFERENCE: Google Earth, 2018 ELEVATION: 18 feet DATE: 5/10/18 EQUIPMENT: Truck-Mounted Drill Rig with 4.0-inch Solid Flight Auger 26 105 22.2 UC 2350 41 115 17.6 Grades orange, brown, with dark rootlets, sandincreases to ~20% FIGUREProject No.Date: 5/18/2018 504 Redwood Blvd. Suite 220 Novato, CA 94947 T 415 / 382-3444 F 415 / 382-3450 www.millerpac.comFILENAME: 458.378 BL-A.1.dwg A CALIFORNIA CORPORATION, © 2018, ALL RIGHTS RESERVED A-11 BORING LOG Hawthorne Undergrounding DistrictTiburon, California 458.378 ZMS 1.0 2.0 Boring terminated at 8 feet 6 inches.No groundwater encountered during drilling. SY M B O L ( 4 ) SA M P L E DE P T H fe e t me t e r s WE I G H T p c f ( 2 ) DR Y U N I T CO N T E N T ( % ) MO I S T U R E BL O W S / F O O T ( 1 ) ST R E N G T H p s f ( 3 ) SH E A R DR I L L R A T E ( m i n / f t ) BORING 10 Sandy CLAY (CL) Medium brown, moist, stiff to very stiff, mediumplasticity clay, with ~20-30% fine grained sand, withminor gravels. [Colluvium] OT H E R T E S T D A T A 32 115 15.8 4" Asphalt Concrete over 7" Aggregate Base 9 8 7 6 4 3 1 2 5 10 Water level encountered during drilling Water level measured after drilling *REFERENCE: Google Earth, 2018 ELEVATION: 47 feet DATE: 5/10/18 EQUIPMENT: Truck-Mounted Drill Rig with 4.0-inch Solid Flight Auger 35 108 20.2 UC3550 43 113 19.0 Grades yellow, brown, with ~20% angular gravelsup to 1/2 inch. Grades to contain <10% sand. FIGUREProject No.Date: 5/18/2018 504 Redwood Blvd. Suite 220 Novato, CA 94947 T 415 / 382-3444 F 415 / 382-3450 www.millerpac.comFILENAME: 458.378 BL-A.1.dwg A CALIFORNIA CORPORATION, © 2018, ALL RIGHTS RESERVED A-12 BORING LOG Hawthorne Undergrounding DistrictTiburon, California 458.378 ZMS Boring terminated at 8 feet 6 inches.No groundwater encountered during drilling. SY M B O L ( 4 ) SA M P L E DE P T H fe e t me t e r s WE I G H T p c f ( 2 ) DR Y U N I T CO N T E N T ( % ) MO I S T U R E BL O W S / F O O T ( 1 ) ST R E N G T H p s f ( 3 ) SH E A R DR I L L R A T E ( m i n / f t ) BORING 11 CLAY (CL-CH)Dark gray, moist, stiff to very stiff, medium plasticity clay, with minor fine to medium grained sand. [Colluvium] OT H E R T E S T D A T A 29 99 26.7 UC 1700 2.5" Asphalt Concrete over 5" Aggregate Base 9 8 7 6 4 3 1 2 5 10 Water level encountered during drilling Water level measured after drilling *REFERENCE: Google Earth, 2018 ELEVATION: 19 feet DATE: 5/10/18 EQUIPMENT: Truck-Mounted Drill Rig with 4.0-inch Solid Flight Auger 37 126 3.5 55 120 9.2 FIGUREProject No.Date: 5/18/2018 504 Redwood Blvd. Suite 220 Novato, CA 94947 T 415 / 382-3444 F 415 / 382-3450 www.millerpac.comFILENAME: 458.378 BL-A.1.dwg A CALIFORNIA CORPORATION, © 2018, ALL RIGHTS RESERVED A-13 BORING LOG Hawthorne Undergrounding DistrictTiburon, California 458.378 ZMS CLAY (CL-CH) Dark gray, moist, stiff to very stiff, medium plasticity clay, with minor fine to medium grained sand, withminor, completely weathered gravels; rock structurepresent. [Residual Soil] Boring terminated at 8 feet 6 inches.No groundwater encountered during drilling. Franciscan Melange Gray, light green, intensely fractured, low hardness,friable, highly weathered, pervasively sheared shalematrix melange. [Bedrock] SY M B O L ( 4 ) SA M P L E DE P T H fe e t me t e r s WE I G H T p c f ( 2 ) DR Y U N I T CO N T E N T ( % ) MO I S T U R E BL O W S / F O O T ( 1 ) ST R E N G T H p s f ( 3 ) SH E A R DR I L L R A T E ( m i n / f t ) BORING 12 Chert Red brown, thinly bedded, very hard, very strong, slightly to moderately weathered chert. [Bedrock] OT H E R T E S T D A T A 50/4" 26.1 3" Asphalt Concrete over 7" Aggregate Base 9 8 7 6 4 3 1 2 5 10 Water level encountered during drilling Water level measured after drilling *REFERENCE: Google Earth, 2018 ELEVATION: 49 feet DATE: 5/10/18 EQUIPMENT: Truck-Mounted Drill Rig with 4.0-inch Solid Flight Auger 50/0" FIGUREProject No.Date: 5/18/2018 504 Redwood Blvd. Suite 220 Novato, CA 94947 T 415 / 382-3444 F 415 / 382-3450 www.millerpac.comFILENAME: 458.378 BL-A.1.dwg A CALIFORNIA CORPORATION, © 2018, ALL RIGHTS RESERVED A-14 BORING LOG Hawthorne Undergrounding DistrictTiburon, California 458.378 ZMS 10.0 10.0 Boring terminated at 3 feet 6 inches.No groundwater encountered during drilling. SY M B O L ( 4 ) SA M P L E DE P T H fe e t me t e r s WE I G H T p c f ( 2 ) DR Y U N I T CO N T E N T ( % ) MO I S T U R E BL O W S / F O O T ( 1 ) ST R E N G T H p s f ( 3 ) SH E A R DR I L L R A T E ( m i n / f t ) BORING 13 Sandy CLAY (CL) Dark brown, moist, stiff, medium plasticity clay with ~20% fine to coarse grained sand, with minor gravels up to 1/2" [Fill] OT H E R T E S T D A T A 3" Asphalt Concrete over 4" Aggregate Base 9 8 7 6 4 3 1 2 5 10 ELEVATION: 54 feet *REFERENCE: Google Earth, 2018 Sandstone Yellow, brown, massive, moderately hard, strong,moderately to highly weathered, fine grained sandstone. [Bedrock] Water level encountered during drilling Water level measured after drilling EQUIPMENT: Truck-Mounted Drill Rig with 4.0-inch Solid Flight Auger DATE: 5/10/18 28 UC 1100 FIGUREProject No.Date: 5/18/2018 504 Redwood Blvd. Suite 220 Novato, CA 94947 T 415 / 382-3444 F 415 / 382-3450 www.millerpac.comFILENAME: 458.378 BL-A.1.dwg A CALIFORNIA CORPORATION, © 2018, ALL RIGHTS RESERVED A-15 BORING LOG Hawthorne Undergrounding DistrictTiburon, California 458.378 ZMS 116 17.6 55 17.8 23 109 15.4 UC1500 114 P20058.5% Boring terminated at 8 feet 6 inches.No groundwater encountered during drilling. Franciscan MelangeGray, light green, intensely fractured, low hardness, friable, highly weathered, pervasively sheared shale matrix melange. [Bedrock] SY M B O L ( 4 ) SA M P L E DE P T H fe e t me t e r s WE I G H T p c f ( 2 ) DR Y U N I T CO N T E N T ( % ) MO I S T U R E BL O W S / F O O T ( 1 ) ST R E N G T H p s f ( 3 ) SH E A R DR I L L R A T E ( m i n / f t ) BORING 14 CLAY with Sand (CL)Red, brown, moist, stiff, medium plasticity clay, with~15% fine grained sand, with minor gravels. [Colluvium] OT H E R T E S T D A T A 3" Asphalt Concrete over 3" Aggregate Base 9 8 7 6 4 3 1 2 5 10 Water level encountered during drilling Water level measured after drilling *REFERENCE: Google Earth, 2018 ELEVATION: 22 feet DATE: 5/25/18 EQUIPMENT: Truck-Mounted Drill Rig with 4.0-inch Solid Flight Auger FIGUREProject No.Date: 5/18/2018 504 Redwood Blvd. Suite 220 Novato, CA 94947 T 415 / 382-3444 F 415 / 382-3450 www.millerpac.comFILENAME: 458.378 BL-A.1.dwg A CALIFORNIA CORPORATION, © 2018, ALL RIGHTS RESERVED A-16 BORING LOG Hawthorne Undergrounding DistrictTiburon, California 458.378 ZMS SandstoneMedium red, brown, massive, moderately hard,friable to weak, completely weathered, fine grainedsandstone. [Bedrock] 15 107 19.7 UC 1300 22 98 13.5 82/11" 16.1 Sandy CLAY (CL-CH)Medium brown, mottled red, gray, moist, stiff, medium to high plasticity clay, with ~35-40% fine grained sand. [Residual Soil] Boring terminated at 7 feet 11 inches. No groundwater encountered during drilling. ATTACHMENT 2 EXHIBIT – JOINT TRENCH COMPOSITE KEY MAP WITH GEOLOGY 1 4 0 1 W i l l o w P a s s R o a d , S u i t e 5 0 0 , C o n c o r d C A . 9 4 5 2 0 W e A r e H a r r i s . c o m ( 9 2 5 ) 8 2 7 - 4 9 0 0 LATE MAIL 1 From:Greg Chanis To:Lea Stefani; Steven Palmer Subject:FW: Hawthorne Undergrounding Date:Wednesday, November 18, 2020 8:51:53 AM Late mail for tonight on Hawthorne Greg Chanis, Town Manager Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 / (415) 435-7383 From: sara klein <sklein1234@gmail.com> Sent: Tuesday, November 17, 2020 9:42 PM To: Greg Chanis <gchanis@townoftiburon.org> Subject: Hawthorne Undergrounding CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Councilmembers, We are pleased to see that the independent engineer’s estimate came back over $2 million below theoriginal project estimate. We hope the Council moves forward with putting our project out to bid. We’d like to ask the Council to consider whether a 25% contingency is necessary on a project that is fully-designed. We’d like to remind the Council that it uses a 15% contingency on nearly all of itspublic works projects. We are familiar with many other successfully completed undergroundingprojects in other municipalities (including Belvedere) that use a 15% contingency. It is not the casethat Undergrounding projects are somehow incredibly complex and need a higher contingency; only Tiburon seems to use such a high contingency on these projects. Additionally, the Town will behiring a construction manager to oversee the project, so it is unclear to us what value thatconstruction manager will add if it’s not to keep the project on budget. The three cherry-picked undergrounding projects referenced in the staff report only prove thatcontractors use whatever contingency you give them. Even then, it is only the neighborhood fundedprojects that get the 25% contingency. At the May 6, 2015 meeting, staff recommended and theCouncil approved a 10% contingency on a Rule 20A undergrounding between Lyford and Mar West.We can’t understand why Town staff applies a different standard to neighborhood funded projects,as if to financially penalize the residents in the undergrounding districts. We hope that the Councilcontinues to work towards the efficient execution of our project so that we all may benefit. Regards, Sara KleinElena StephensKen Weil LATE MAIL 1 From:Greg Chanis To:Lea Stefani; Steven Palmer Subject:FW: Hawthorne Undergrounding Date:Wednesday, November 18, 2020 8:51:53 AM Late mail for tonight on Hawthorne Greg Chanis, Town Manager Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 / (415) 435-7383 From: sara klein <sklein1234@gmail.com> Sent: Tuesday, November 17, 2020 9:42 PM To: Greg Chanis <gchanis@townoftiburon.org> Subject: Hawthorne Undergrounding CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Councilmembers, We are pleased to see that the independent engineer’s estimate came back over $2 million below theoriginal project estimate. We hope the Council moves forward with putting our project out to bid. We’d like to ask the Council to consider whether a 25% contingency is necessary on a project that is fully-designed. We’d like to remind the Council that it uses a 15% contingency on nearly all of itspublic works projects. We are familiar with many other successfully completed undergroundingprojects in other municipalities (including Belvedere) that use a 15% contingency. It is not the casethat Undergrounding projects are somehow incredibly complex and need a higher contingency; only Tiburon seems to use such a high contingency on these projects. Additionally, the Town will behiring a construction manager to oversee the project, so it is unclear to us what value thatconstruction manager will add if it’s not to keep the project on budget. The three cherry-picked undergrounding projects referenced in the staff report only prove thatcontractors use whatever contingency you give them. Even then, it is only the neighborhood fundedprojects that get the 25% contingency. At the May 6, 2015 meeting, staff recommended and theCouncil approved a 10% contingency on a Rule 20A undergrounding between Lyford and Mar West.We can’t understand why Town staff applies a different standard to neighborhood funded projects,as if to financially penalize the residents in the undergrounding districts. We hope that the Councilcontinues to work towards the efficient execution of our project so that we all may benefit. Regards, Sara KleinElena StephensKen Weil