Cotati City Council
August 12, 2025

AGENDA

JOINT MEETING OF THE COTATI CITY COUNCIL AND THE SUCCESSOR AGENCY TO THE

FORMER COTATI COMMUNITY REDEVELOPMENT AGENCY
City Council Chamber, City Hall 201 W. Sierra Avenue
Tuesday, August 12, 2025
6:00 PM REGULAR MEETING
The Cotati City Council welcomes you to its meetings that are generally scheduled for the 2nd and 4th Tuesday of every month. Your interest and participation are encouraged and appreciated.

City Council meeting agendas, minutes and recordings are posted on the City’s Meeting Portal at www.cotaticity.gov. For questions about the agenda or to receive the City Council agenda by e-mail, contact the City Clerk at [email protected] or 707-665-3622.

Cotati City Council Meetings will be conducted in person in the Council Chamber. To guarantee your ability to participate, you must attend the meeting in person. As a courtesy to the public, the City allows citizens the opportunity to view and offer public comments virtually through Zoom Online video conferencing platform. Technical difficulties may occur that make the Zoom platform unavailable. If Zoom is unavailable, the meeting will continue. Participants considering using Zoom should consider attending in person, if they desire to ensure their ability to view the meeting and offer public comments.

Subject to the above disclaimer, Zoom Online video conferencing is available to watch or listen in the following ways:

1. Using the following online livestream meeting portal link: https://www.youtube.com/@cityofcotati7280/streams

2. Cable T.V. Broadcast, local channel 28
Members of the public can participate in the meeting online by clicking the link below:
https://us02web.zoom.us/j/84617598991?pwd=bUsZfa5rtss8y7arK7QHKiPH0fel5w.1 If you do not have the ability to join online, but would like to participate in the meeting, you can call into the meeting using your telephone, by dialing one of the following numbers and entering the meeting credentials:

Webinar ID: 846 1759 8991 Passcode: 732436
+1 (669) 900-6833 or +1 (346) 248-7799 or +1 (253) 215-8782 or +1 (301) 715-8592 or +1 (312) 626-6799 or +1 (929) 436-2866 Attendees may join the meeting any time after 5:45pm. Attendees will be muted until they are called upon for Public Comment. To make a public comment, use the “raise hand” icon on your smart device or desktop computer, or dial *9 if you are using just your telephone. Please listen carefully for the Mayor or City Clerk to address you by name (or phone number) and for the audible Zoom notification that you have been unmuted. Once you begin your public comment, your three minutes will begin.

If you would prefer to submit your public comment in writing, please email your comments to [email protected]. If you are commenting on a specific agenda item or items, please state the agenda item number(s) in the subject line of the email. All comments received via email will be provided to the City Council in writing and included as part of the record of the meeting. They will not be read aloud into the record at the meeting.

Notice is hereby given that Council may discuss and/or take action on any or all of the items listed on this agenda, in accordance with the City Council Rules of Conduct.

Any writings or documents provided to a majority of the Cotati City Council regarding any item on this agenda will be made available for inspection in the online Meeting Portal at www.cotaticity.gov and in the City Manager’s office located at 201 West Sierra Avenue, Cotati, California, during the City’s posted business hours.

Accommodations: Upon request, this agenda will be made available in appropriate formats to persons with disabilities as required by Section Cotati City Council Agenda August 12, 2025
202 of the Americans with Disabilities Act of 1990. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should contact the City Clerk at (707) 665-3622 at least 48 hours in advance of the meeting.

Rules of Decorum: To avoid distraction, the following meeting etiquette shall be enforced. • Silence electronic devices, including cell phones.
• Audience members are advised to keep conversations to a minimum or conduct them outside the building. • Members of the public are prohibited from speaking, yelling, or otherwise making loud noises from the audience that disrupt the orderly proceeding of the meeting.
• Photographs or video recordings using tri-pods or other means that would be distracting are to be taken only from the designated media area. • The Presiding Officer shall request that the audience withhold expressions of support or opposition for speakers in the interest of time and to encourage the full expression of differing views.

Public Comment: Public comment on any one agenda item is limited to no more than three (3) minutes per person, in accordance with the City Council Rules of Conduct.

Waiver Warning: If you challenge decisions/direction of the City Council of the City of Cotati in court, you may be limited to raising only those issues you or someone else raised at public hearing(s) described in this agenda, or in written correspondence delivered to the City of Cotati at, or prior to, the public hearing(s).

Announcements:

A. Meeting Orientation for New Attendees/Viewers. In conformance with the Brown Act and the adopted City Council Rules, if the City Council is considering an item in which action will be taken, citizens will be invited to provide comments relevant to the item being discussed.

The meeting agenda also includes a Citizen Business item, which is the designated place on the agenda where citizens have the right to comment on any matter within the City’s subject matter jurisdiction. However, Citizen Business items do not generally receive a response because the Brown Act prohibits the City Council from taking action or considering any item that is not on this agenda, so as to ensure that other members of the community who wish to provide comment are notified in advance through a properly noticed meeting agenda. Nonetheless, in accordance with the Brown Act, the Council may briefly respond, may ask a question for clarification, or may direct an item be placed on a future agenda.

B. Measure S supports police services, a variety of recreation programs for all ages, and the maintenance of our streets, parks, and public buildings. See details on the web at cotaticity.gov.

C. Citizens interested in receiving City of Cotati community alerts via text or email are encouraged to enroll with CivicReady, by signing up on the City’s website, www.cotaticity.gov, under the “How do I” link at the top of the homepage.

D. Have you noticed a street light out, pothole, or issues in a City Park? We want to keep Cotati beautiful and running smoothly, so please let us know what needs to be fixed, by going to the City website under “How do I” and “Report a Service Request.” E. Like always, we love to hear from you, so please feel free to contact the City at 707-792-4600 or [email protected]. If you have a nonemergency issue after normal business hours, you can contact us at 707-792-4611 and of course if you have an emergency, please contact 9-1-1.

Continue to look for updates on the City's website and social media channels available on Facebook, Instagram, and CivicReady.

City Council meetings are conducted according to City Council Policy 2025-03: City Council Rules of Conduct. This policy available for inspection in the online Meeting Portal at www.cotaticity.gov and in the City Manager’s office located at 201 West Sierra Avenue, Cotati, California, during the City’s posted business hours.

Those wishing to address the Council are asked to complete a speaker card and give it to the City Clerk. When you are called, step to the podium and state your name and address for the record. Persons wishing to address the Council are not required to identify themselves or complete a speaker card; (Gov’t. Code § 54953.3); however, this information assists the Mayor by ensuring that all persons wishing to address the Council are recognized and it assists the City Clerk in preparing the City Council meeting minutes.

1. CALL TO ORDER & ROLL CALL

2. APPROVAL OF MINUTES AND NOTICE OF WAIVING OF READING OF ALL

RESOLUTIONS AND ORDINANCES INTRODUCED AND/OR ADOPTED UNDER THIS

AGENDA (ACTION)
A. COTATI CITY COUNCIL – REGULAR MEETING – JUL 8, 2025

3. AGENDA REVIEW (ACTION)

4. CITIZEN BUSINESS AND PUBLIC COMMENT FOR CONSENT CALENDAR ITEMS Cotati City Council Agenda August 12, 2025
Any member of the public wishing to speak to the Council on any item(s) listed on the Consent Calendar or any matter(s) not listed on the agenda that are within the subject matter jurisdiction of the Council may do so at this time. Pursuant to the Brown Act, the Council is not allowed to consider issues or take action on any item not listed on the agenda. Pursuant to the City Council Rules of Conduct, comments of any member of the public are normally restricted to a total of three (3) minutes in length per person for matters not on the agenda and a total of three (3) minutes per person in length for any and all items on the Consent Calendar. The Mayor may extend the time limit for a reasonable time where a disability accommodation has been requested. To facilitate public comment, the timer indicator lights will display yellow when there are thirty (30) seconds remaining, and red when time has expired.

5. CONSENT CALENDAR (ACTION)
A. CONSIDERATION OF A RESOLUTION APPROVING AN AFFORDABLE HOUSING

REGULATORY AGREEMENT BETWEEN THE CITY AND PINK VIKING ORH LLC

IN CONNECTION WITH THE DEVELOPMENT OF FLAHAVAN ESTATES, AND

AUTHORIZING THE CITY MANAGER TO SIGN DOCUMENTS RELATED TO THE

AFFORDABLE HOUSING AGREEMENT
It is recommended that the City Council adopt a Resolution approving an Affordable Housing Regulatory Agreement between the City and Pink Viking ORH LLC (“Developer”) in connection with the development of the Flahavan Estates subdivision, and authorizing the City Manager to sign documents related to the Affordable Housing Regulatory Agreement.

B. ACCEPTANCE OF THE IMPROVEMENT PLANS AND APPROVAL OF THE FINAL

MAP AND SUBDIVISION IMPROVEMENT AGREEMENT, AND ACCEPTANCE OF

THE ASSOCIATED DEDICATION OF EASEMENTS FOR PUBLIC PURPOSES FOR

THE FLAHAVEN ESTATES SUBDIVISION
It is recommended the City Council of the City of Cotati approve a resolution to:

1. Accept the Flahaven Estates Subdivision Improvement Plans; and

2. Approve the Subdivision Improvement Agreement; and

3. Approve the Final Map for the Flahaven Estates Subdivision and the easement dedications and right-of-way abandonment depicted on the Final Map; and

4. Authorize the City Manager to sign and record, or cause to be recorded, the aforementioned Subdivision Improvement Agreement and Final Map, and to take any such other and further action as may be necessary to carry out the intent of the attached Resolution.

C. RESOLUTION APPROVING THE SIDEWALK GAP CLOSURE PROJECT,

AUTHORIZING THE CITY CLERK TO FILE THE NOTICE OF COMPLETION WITH THE COUNTY RECORDER, AND AFTER 35 DAYS WITH NO PROTEST,

AUTHORIZING RELEASE OF THE CONSTRUCTION CONTRACT RETENTION It is recommended the City Council of the City of Cotati adopt a resolution approving the Sidewalk Gap Closure Project, authorizing the City Clerk to file the Notice of Completion with the County Recorder, and after 35 days with no protests, authorizing release the construction contract retention.

D. APPROVAL OF AN AGREEMENT WITH ARGONAUT CONSTRUCTORS AND AN

AGREEMENT WITH BRELJE AND RACE CONSULTING ENGINEEERS FOR THE

URGENT WATER REPAIRS PROJECT
It is recommended the City of Cotati City Council approve by Motion a Minor Construction Agreement and/or Purchase Order with Argonaut Constructors and a Design Professional Services Agreement and/or Purchase Order with Brelje and Race Consulting Engineers for the Water Repairs Project and authorizes the City Manager to execute said agreements.

E. APPROVE MINOR CONSTRUCTION AGREEMENT WITH ENTERPRISE ROOFING FOR ROOF REPAIRS TO THE POLICE DEPARTMENT BUILDING AND REROOFING THE SUNFLOWER PARK RESTROOM AND THE WELL 2 PUMP HOUSE Cotati City Council Agenda August 12, 2025
It is recommended the City Council approve by Motion a minor construction agreement with Enterprise Roofing for an amount not to exceed $51,471 for roof repairs to the Police Department building and re-roofing the Sunflower Park restroom and the Well 2 Pump House.

6. DIRECTION ON FUTURE AGENDA ITEMS

7. PUBLIC HEARINGS (ACTION)
A. CONSIDERATION TO ADOPT RESOLUTION APPROVING ANNEXATION OF CERTAIN PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 2017-01 (PUBLIC SERVICES) AND TAKING ASSOCIATED ACTIONS
It is recommended the City Council of the City of Cotati adopt a Resolution approving the annexation of certain property to Community Facilities District No. 2017-01 (Public Services); approving the annexation map related thereto and authorizing and directing recording thereof; and authorizing and directing the preparation and recording of an amended notice of special tax lien related thereto.

B. APPROVAL OF DEVELOPMENT IMPACT FEE UPDATE
It is recommended that the City Council adopt: 1) the resolution revising the Traffic Impact Fee, the Sewer Connection Fee, the Water Connection Fee and the Parks and Recreation Fee, adopting a General Plan Fee (Replacing the Downtown Specific Plan Recovery Fee) and making associated findings; 2) introduce an ordinance to move most development impact fees to a single inflationary index, 3) and provide feedback to staff on the policy recommendations for focused fee eliminations and direct staff to return to City Council with a resolution implementing the final policies.

C. CONSIDERATION TO ADOPT RESOLUTION ESTABLISHING THE OUTSTANDING BACKFLOW TESTING CHARGES FROM FISCAL YEAR 2024-2025 AND LEVYING

OF ASSESSMENTS
It is recommended that the City Council conduct a public hearing to receive all oral and written public comments to the amount of Fiscal Year 2024-2025 backflow testing charges and approve a resolution establishing the outstanding backflow testing charges and directing the levying of assessments on the Fiscal Year 25/26 property tax rolls.

8. REGULAR AGENDA (ACTION)
A. REVISED SCOPE OF SERVICES FOR THE HIGHWAY 116 AND WEST COTATI

AVENUE SAFETY IMPROVEMENTS PROJECT
It is recommended that the City Council approve by motion the design agreement amendment with Mark Thomas for the completion of the intersection design on Highway 116 at West Cotati Avenue and authorize the City Manager to excecute said amendment.

9. LAND ACKNOWLEDGEMENT & PLEDGE OF ALLEGIANCE

10. CITY MANAGER'S REPORT & COUNCILMEMBER REPORTS

11. CLOSED SESSION
A. A. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION (PARAGRAPH (1) OF SUBDIVISION (D) OF SECTION 54956.9) NAME OF CASE:

COUNTRYSIDE MHP LLC V. CITY OF COTATI, SONOMA COUNTY SUPERIOR COURT CASE NO. 24CV00804
Cotati City Council Agenda August 12, 2025

12. INFORMATION RECEIVED AFTER THE AGENDA WAS POSTED

13. ADJOURNMENT
Certification of Posting of the Notice: I declare under penalty of perjury that I am employed by the City of Cotati and that I posted this notice on the City’s website, bulletin boards of City Hall, Veterans’ Memorial Building and the SMART Train Depot, on or before August 8, 2025. /s/ Kevin Patterson, Deputy City Clerk

MINUTES

JOINT MEETING OF THE COTATI CITY COUNCIL AND THE SUCCESSOR AGENCY TO THE

FORMER COTATI COMMUNITY REDEVELOPMENT AGENCY
City Council Chamber, City Hall 201 W. Sierra Avenue
Tuesday, July 08, 2025
6:00 PM REGULAR MEETING

1. CALL TO ORDER - ROLL CALL
Mayor Ford called the meeting to order at 6:02pm. At the start of the meeting, Councilmember Harvey (appearing remotely) was not present. Councilmember Harvey joined the meeting at 6:04pm.

Attendee Name Title Status
Ben Ford Mayor Present
Sylvia Lemus Vice Mayor Present
Susan Harvey Councilmember Remote
Laura Sparks Councilmember Present
John Savage Councilmember Present
Staff Present: City Manager Damien O’Bid, City Attorney John Bakker, Deputy City Clerk Kevin Patterson, Director of Administrative Services Angela Courter, Director of Community Development Noah Housh, Director of Public Works/City Engineer Craig Scott, Police Chief Chris Simmons

2. PUBLIC COMMENT ON NON-ACTION AGENDA ITEMS
Public Comment:

George Barich of Cotati
Michael Ceremello

3. APPROVAL OF MINUTES AND NOTICE OF WAIVING OF READING OF ALL

RESOLUTIONS AND ORDINANCES INTRODUCED AND/OR ADOPTED UNDER THIS

AGENDA (ACTION)
A. COTATI CITY COUNCIL – REGULAR MEETING – JUN 24, 2025 RESULT: Adopt [5 - 0]
MOVER: Laura Sparks, Councilmember
SECONDER: John Savage, Councilmember
AYES: Ford, Lemus, Harvey, Sparks, Savage
NAYS: None
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Cotati City Council Minutes July 08, 2025

4. ANNOUNCEMENTS
A. Meeting Orientation for New Attendees/Viewers. In conformance with the Brown Act and the adopted City Council Rules, the meeting agenda includes items labeled as Action Items, where the City Council may consider the item. If the City Council considers the item, citizens will be afforded the opportunity to provide comments relevant to the item being discussed. The meeting agenda also includes a Citizens Business item, which is the designated place on the agenda where citizens have the right to say whatever they wish. However, the Brown Act prohibits the City Council from taking action or considering any item that is not on this agenda, to ensure that other members of the community who wish to provide comment are notified in advance through a properly noticed meeting agenda.

B. Measure S supports police services, a variety of recreation programs for all ages, and the maintenance of our streets, parks, and public buildings. See details on the web at cotaticity.gov.

C. Citizens interested in receiving City of Cotati community alerts via text or email are encouraged to enroll with CivicReady, by signing up on the City’s website, www.cotaticity.gov, under the “How do I” link at the top of the homepage.

D. Have you noticed a street light out, pothole, or issues in a City Park? We want to keep Cotati beautiful and running smoothly, so please let us know what needs to be fixed, by going to the City website under “How do I” and “Report a Service Request.” E. Like always, we love to hear from you, so please feel free to contact the City at 707-792-4600 or [email protected]. If you have a non-emergency issue after normal business hours, you can contact us at 707-792-4611 and of course if you have an emergency, please contact 9-1-1. Continue to look for updates on the City's website and social media channels available on Facebook, Instagram, and CivicReady.

After interruption from a member of the audience, the Mayor elected to open public comment.

Public Comment:

George Barich of Cotati

5. AGENDA REVIEW
No changes.

6. CITIZEN BUSINESS AND PUBLIC COMMENT FOR CONSENT CALENDAR ITEMS Any member of the public wishing to speak to the Council on any item(s) listed on the Consent Calendar or any matter(s) not listed on the agenda that are within the subject matter jurisdiction of the Council may do so at this time. Pursuant to the Brown Act, the Council is not allowed to consider issues or take action on any item not listed on the agenda. Pursuant to City Council Policy 2023-01, comments of any member of the public are normally restricted to a total of three (3) minutes in length per person for matters not on the agenda and a total of three (3) minutes per person in length for any and all items on the Consent Calendar. The Mayor may extend the time limit for a reasonable time where a disability accommodation has been requested. To facilitate public comment, the timer indicator lights will display yellow when there are thirty (30) seconds remaining, and red when time has expired.

Public Comment:

Laurie Alderman of Cotati
Michael Ceremello

7. CONSENT CALENDAR (ACTION)
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Cotati City Council Minutes July 08, 2025
B. FISCAL YEAR 2025-26 CITY VEHICLE REPLACEMENTS AND RESOLUTION

AUTHORIZING CALIFORNIA HIGHWAY PATROL GRANT
C. UPDATE TO THE CITY COUNCIL MEETING RULES
D. CONSIDER AWARDING THE CONSTRUCTION CONTRACT FOR THE

SUNFLOWER PARK IMPROVEMENTS PROJECT
E. ADOPTION OF THE CITY-WIDE SALARY SCHEDULE FOR FISCAL YEAR 2025/26 F. DECLARATION OF PARCEL ON SANTERO WAY TO BE EXEMPT SURPLUS

PROPERTY
H. ADOPTION OF RESOLUTION DECLARING INTENTION TO ANNEX CERTAIN PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 2017-01 (PUBLIC

SERVICES)
I. SETTING A PUBLIC HEARING DATE FOR CONSIDERATION OF OBJECTIONS TO

THE OUTSTANDING BACKFLOW TESTING CHARGES AND LEVYING OF ASSESSMENTS FOR FISCAL YEAR 2025-26
Councilmember Sparks requested to pull item 7A from the Consent Calendar. Item was added to the end of the Regular Agenda.

Vice Mayor Lemus requested to pull item 7G from the Consent Calendar. Item was added to the end of the Regular Agenda.

Councilmember Savage announced he would recuse himself from the vote on item 7F, as he resides near the property in question.

RESULT: Adopt [5 - 0] Items B, C, D, E, H, I
MOVER: Laura Sparks, Councilmember
SECONDER: Sylvia Lemus, Vice Mayor
AYES: Ford, Lemus, Harvey, Sparks, Savage
NAYS: None
RESULT: Adopt [4 - 0] Item F
MOVER: Susan Harvey, Councilmember
SECONDER: Laura Sparks, Councilmember
AYES: Ford, Lemus, Harvey, Sparks
NAYS: None
RECUSED: Savage

8. DIRECTION OF FUTURE AGENDA ITEMS
None. 8 of 387
Cotati City Council Minutes July 08, 2025

9. PUBLIC HEARINGS (ACTION)
A. RESOLUTION TO APPROVE THE ENGINEER'S REPORT, CONFIRM THE

ASSESSMENT DIAGRAM AND ANNUAL ASSESSMENT AMOUNTS, AND LEVYING

AND COLLECTION OF THE ANNUAL ASSESSMENTS FOR THE COTATI

LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT FOR FISCAL YEAR 2025-26
Before the presentation for this item, Councilmember Savage announced that he was recusing himself because he resides in one of the Landscape Assessment Districts.

Presentation by Engineering Technician Henry Babits.

Councilmembers comment.

No public comment.

RESULT: Approve [4 - 0]
MOVER: Sylvia Lemus, Vice Mayor
SECONDER: Laura Sparks, Councilmember
AYES: Ford, Lemus, Harvey, Sparks
NAYS: None
RECUSED: Savage

10. REGULAR AGENDA (ACTION)
A. MICROGRID PROJECT UPDATE
Presentation by Elliot Feldman of Schneider Electric.

Councilmembers comment.

Public Comment:

Neil Hancock of Cotati
RESULT: Approved [5-0]
MOVER: John Savage, Councilmember
SECONDER: Susan Harvey, Councilmember
AYES: Ford, Lemus, Harvey, Sparks, Savage
B. CONSIDERATION AND DIRECTION TO THE CITY’S WATER ADVISORY

COMMITTEE REPRESENTATIVE REGARDING THE PROPOSED WATER SUPPLY

AGREEMENT BETWEEN MARIN MUNICIPAL WATER DISTRICT AND SONOMA WATER
Presentation by Director of Public Works/City Engineer Craig Scott and Paul Sellier of Marin Municipal Water Agency.

Councilmembers comment. 9 of 387
Cotati City Council Minutes July 08, 2025
Public Comment:

Neil Hancock of Cotati
Council gave direction to the WAC member to conditionally support the proposed water supply agreement.

RESULT: Approve [5 - 0]
MOVER: John Savage, Councilmember
SECONDER: Sylvia Lemus, Vice Mayor
AYES: Ford, Lemus, Harvey, Sparks, Savage
NAYS: None
C. DISCUSS AND PROVIDE DIRECTION TO THE CITY'S REPRESENTATIVE ON THE

SONOMA CLEAN POWER BOARD OF DIRECTORS REGARDING SONOMA

CLEAN POWER EXPANSION TO LAKE COUNTY
Presentation by City Manager Damien O’Bid.

Councilmembers comment.

No public comment.

Council directed Vice Mayor Lemus to support the expansion of Sonoma Clean Power Service to Lake County, in her role on the Board of Directors for Sonoma Clean Power, provided the provision regarding construction of the Petaluma aqueduct between Ely and Kastania remain in the MMWD agreement.
7A.

7G.

ACCEPTANCE OF THE SIDEWALK GAP CLOSURE PROJECT
This item, originally on the Consent Calendar, was pulled by Councilmember Sparks and added to the end of the Regular Agenda.

Report by Director of Public Works Craig Scott.

Councilmembers comment.

No public comment.

Council continued this item to the next regular Council meeting, to give time for the contractor to make repairs where the construction material had failed prematurely.

APPROVAL OF 2025 COTATI ACCORDION FESTIVAL AND ASSOCIATED STREET

CLOSURES
This item, originally on the Consent Calendar, was pulled by Vice Mayor Lemus and added to the end of the Regular Agenda.

Report by Recreation Manager Ashley Wilson.

Councilmembers comment.
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Cotati City Council Minutes July 08, 2025
No public comment.

Council requested that in the future, when events are seeking fee waivers outside of what is allowed under the Parks Policy, that they submit a proposed budget for their event, or equivalent.

RESULT: Approved [5 - 0]
MOVER: Susan Harvey, Councilmember
SECONDER: Laura Sparks, Councilmember
AYES: Ford, Lemus, Harvey, Sparks, Savage

11. CITY MANAGER'S REPORT
Report by City Manager Damien O’Bid.

12. CITY COUNCIL MEMBER REPORTS
Councilmembers report out on local and regional events and meetings.

13. INFORMATION RECEIVED AFTER THE AGENDA WAS POSTED

14. ADJOURNMENT
Mayor Ford adjourned the meeting at 9:25pm.
/s/ Kevin Patterson, Deputy City Clerk
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From: Katie Gardner
Sent: Sunday, August 3, 2025 4:58 PM
To: Ben Ford <[email protected]>; Sylvia Lemus <[email protected]>; Susan Harvey <[email protected]>; Laura Sparks <[email protected]>; John Savage <[email protected]>; Kevin Patterson <[email protected]> Subject: Opposition to Resynergi Plastic Incineration Plant CAUTION:EXTERNAL SENDER
If suspicious, do not click on links, open attachments, or provide credentials and report it by using the "Phish Alert Report" button.

Hello city council members,
I’m writing to express my deep concern over the newly installed plastic incineration plant, Resynergi, in SoMo village. Just a few days ago, parents at Credo High School were notified by Bay Area Air Quality Management District of the plant’s existence and that they are within 1000ft of its pollution.

While BAAQMD was only required to notify people within 1000ft, it is obvious that air quality effects us all, and we should be alarmed by the idea of plastic pyrolysis (being “greenwashed” as a recycling facility) operating in our community. We can be in agreement that this has no place in populated residential areas with homes, schools, and parks.

This plant is the only one of its kind in all of California. In fact, there are only a handful in the entire country, many of which have been shut down over efficacy concerns and the risk of toxic output. There are no long term health or environmental studies. Whether or not their plastic microwaving could have the potential to be effective, it is simply not worth the risk and the unknown. We do not want to be the guinea pigs.

I and many, many others have contacted BAAQMD and Rohnert Park city council to oppose the operation and planned expansion of this plant. Susan Hollingsworth Adams has expressed she is in favor but when pressed on health data or emission rates, she said she didn’t know and deferred to Resynergi.

I urgently ask that you please help prevent this plant from being allowed to operate. This

PUBLIC COMMENT
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should be in NO one’s backyard. I would ask council to adopt a resolution opposing the permitting and operation of this pyrolysis facility due to its proximity to schools, parks, and homes, and the environmental and health risks associated with plastic incineration.

Public comment ends 8/18; residents have been advised to send their concerns to:
[email protected]
We desperately do not want our home to become the refineries of Richmond, or the disastrous negligence of Hinkley, CA or Flint, MI. Thank you for your consideration.

With sincere hope,
Katie Gardner
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For those on the council, these are my thoughts which are too long for the allotted time for public speaking. I will be reading a condensed statement derived from the following. Please include this in your agenda packet as communication. I will be asking the same of your deputy city clerk and will also include the city clerk in my email communication.

August 12, 2025
As I was not able to finish my comments at your last meeting I will finish them here and now. I am under no presumption that you will take my recommended actions so I am simply here attempting, one more time, to educate those who prefer ignorance over enlightenment.

As you evidently don’t know how to use a dictionary, Mayor Ford, and prefer to be validated by a habitual liar impersonating an attorney, I give you Merriam Webster’s definition of ceremony:
1: a formal act or series of acts prescribed by ritual, protocol, or convention the marriage ceremony
2 a: a conventional act of politeness or etiquette
the ceremony of introduction
b: an action performed only formally with no deep significance the custom had probably been long a mere ceremony
—C. Thirlwall
c: a routine action performed with elaborate pomp
...William McComb and Liz Claiborne ... rang the closing bell [of the New York Stock Exchange], a daily ceremony ...

As you can see, Mayor Ford, it is quite clear that all of these definitions define a “ceremony”, which Mr. Bakker claims the Pledge and Land Acknowledgement to be, as an “action or act” which are rather synonymous.

It would seem that Mr. Bakker has no more ability than you, Mr. Mayor, to access a dictionary.

Perhaps he would like a legal source other than my city attorney who stated he is wrong. I direct you to Law Insider: Ceremony means a formal act or set of formal acts established by custom or authority to commemorate a decedent.

If Mr. Bakker would like a little more schooling from legal experts, of which I am not, I refer him to Black's Law Dictionary 7th Edition: act: (noun) Something done or performed. Saying the pledge or the land acknowledgement is the act of doing them, or performing them if you prefer. Therefore even if this is a ceremony, a ceremony in and of itself is an action. In agreeing with my stance over Mr. Bakker’s, you are accepting the experts in both English language and law not myself personally if that makes you feel any better.

In regard to Mr. Bakker’s apology to the council at the last meeting, it is interesting that John prefers to hide the truth from the public and the council by stating he made a mistake in attaching Mr. O’Bid’s remarks in response to Ms. Alderman’s request to meet with you public representatives.

PUBLIC COMMENT
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Mr. Bakker’s email response confirms my point. Mr. Bakker’s states, “because of the potential for litigation it is inappropriate for the councilmembers to meet regarding Ms. Alderman’s issues because they may bias themselves and not be able to participate in decision making regarding litigation”. What Bakker isn’t telling you is this potential litigation may be avoided if you were fully aware of the situation.

Besides attempting to protect Mr. O’Bid’s unwarranted, illegal, and unprofessional response to the public he was hired to serve, what Mr. Bakker is really saying in his response to Ms.

Alderman is he doesn’t want the council to know all of the facts, only the ones he wishes them to know. As a councilman, it was my duty to provide oversight on city staff as well as to understand the intent of the Constitutions of the United States and the State of California, an oath we all take upon entering office. City staffs just hate it when you actually do your job rather than rubber stamping everything and anything they suggest. Very few elected officials accept this or actually do it. They would all rather be part of a big happy family of governmental officials whose only loyalty is to their paychecks.

Email on Friday June 17th from Damien O’Bid to John Bakker with a carbon copy to Robert Smith: “ ... nuisance emails like these and the associated PRAs are a daily occurrence and a collective ongoing waste of time. Not to mention the conspiracies and unlawful behavior diatribes at city council meetings and appeals to the FPPC and other State bodies to intervene.

It’s a full court press on their end to derail/delay things and another reason to strongly encourage the AHO to wrap this code case up as soon as possible.” As I stated at the last meeting, the CPRA has a purpose in opposition to your staff’s desire to hide the truth. “Implicit in a democratic process is the notion that government should be accountable for its actions. In order to verify accountability, individuals must have access to government files. Such access permits checks against the arbitrary exercise of official power and secrecy in the political process.[6]”
Viewing public records requests as a “nuisance” and a “waste of time” by Mr. O’Bid is not surprising when you are attempting to hide your regime’s collusion and corruption. In addition, O’Bid has proven he is attempting to influence how a supposedly neutral unbiased Administrative Hearing officer or ALJ is proceeding to hear a case in front of him.

O’Bid is partially correct on one thing: this will turn into a full court press by the public to correct our ongoing grievances with this system, your system.

The question has now become “who is Bakker and O’Bid trying to protect?” Is it this council from litigation which could be avoided if you knew the truth or is it themselves from the check against “the arbitrary exercise of official power and secrecy in the political process.” This is also known as the abuse of authority under the color of law.

It is now time for you to do your job and consider replacements for these two positions whose employment you control. O’Bid can be fired for cause and Bakker for errantly backing this 15 of 387
system and misinterpreting law for the elected. As a council, you either take action to correct this situation or you incriminate yourself by continuing down this path of retribution, retaliation, and illegal punishment which these two are obviously doing at your behest. 16 of 387
From: Laurie alderman <[email protected]>
Sent: Tuesday, August 5, 2025 11:37 AM
To: Kevin Patterson <[email protected]>
Cc: George Barich ; Susan Harvey <[email protected]>; Laura Sparks <[email protected]>; Sylvia Lemus <[email protected]>; Ben Ford <[email protected]>; John Savage <[email protected]>; Carleton L. Briggs Attorney at Law ; Michael Ceremello Ceremello
Subject: Citizens business comment for August 12th meeting, re: repealing the 2019 code enforcement administrative code changes.

CAUTION:EXTERNAL SENDER
If suspicious, do not click on links, open attachments, or provide credentials and report it by using the "Phish Alert Report" button.

I would like to propose that the city council members insist that on a future agenda item, that the repeal of the Administrative codes implemented in 2019 be repealed (see attached from June, 2019 agenda packet). The current administrative codes implemented in 2019 have in practice been unconstitutional in that it is against the 4th Amendment, in that they are against search and seizure protections.

The "tool" that was implemented in 2019, was that code violations would be treated like traffic tickets. If a code violation is suspected, then the person would be cited. They then could pay the fine or appeal it...but first depositing the fine amount. The relevant code sections are:

1.28.040 Contents of citation.

Each.administrative.citation.shall.contain.the.following.information¿ A¡.Date?.approximate.time?.and.address.or.definite.description.of.the.location.of.the. violation(s)·
B¡.The.code.sections.or.conditions.violated.and.a.description.of.the.violation(s)·

PUBLIC COMMENT
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C¡.The.amount.of.the.fine.for.the.violation(s)·
D¡.An.explanation.of.how.the.fine.shall.be.paid.and.the.time.period.by.which.it.shall.be.paid· E¡.Explanation.of.rights.of.appeal?.including.the.time.within.which.such.claimed.violation. may.be.contested.and.the.procedure.for.requesting.a.hearing.to.contest.the.violation· F¡.The.name.and.signature.of.the.enforcement.officer.issuing.the.citation·.and G¡.If.the.violation.is.one.which.is.continuing?.an.order.to.correct.the.violation.and.prohibiting. the.continuation.or.repeated.occurrence.of.the.violation?.including.an.explanation.of.the. consequences.for.failing.to.correct.the.violation.as.ordered¡.The.explanation.of.the. consequences.should.state.that.a.separate.violation.exists.for.each.and.every.calendar.day. any.violation.of.any.provision.of.this.code.is.committed?.continued?.or.permitted¡.(Ord¡.❹❹❷. ° .8.Exh¡.A.(part)?.867❺)¡

1.28.070 Appeal of the administrative citation.

A¡.Time.to.File.an.Appeal¡.Any.recipient.of.an.administrative.citation.may.contest.that.there. was.a.violation.of.this.code.or.that.it.continues.to.exist?.or.that.he.or.she.is.the.responsible. person?.by.completing.a.»request.for.hearing‹ .form.and.returning.it.to.the.city.in. accordance.with.the.instructions.on.the.form.within.fifteen.calendar.days.from.the.date.the. administrative.citation.is.served.or.deemed.to.have.been.served?.together.with.an. advanced.deposit.of.the.total.fines.due¡.Such.»request.for.hearing‹ .forms.shall.be.made. available.at.no.charge.at.City.Hall?.the.city.website?.and―or.through.the.city"s.designated. agent¡.A.failure.to.file.a.timely.»request.for.hearing‹ .form.shall.be.deemed.a.waiver.of.the. right.to.appeal.the.citation.and.to.seek.judicial.review¡.The.requirement.that.the.fine.be. deposited.in.advance.may.be.waived.if.an.advanced.deposit.hardship.waiver.form.has.been. filed.and.approved.in.accordance.with.procedures.adopted.by.the.city.manager¡ B¡.Return.of.Deposit¡.Any.administrative.citation.fine.which.has.been.deposited.shall.be. refunded?.in.whole.or.in.part?.to.the.extent.it.is.determined?.after.a.hearing?.that.the.person. charged.in.the.administrative.citation.was.not.responsible.for.the.violation.or.that.there.was. no.violation.as.charged.in.the.administrative.citation¡ 18 of 387
C¡.Hearing.Officer¡.The.city.manager.shall.be.authorized.to.assign.a.hearing.officer.to.any. person.or.persons?.qualified.by.training.or.experience?.whom.the.city.manager.may.appoint. or.who.are.retained.by.contract.to.conduct.such.hearings¡.The.hearing.officer.shall.not.be.a. city.employee.or.an.appointed.city.official¡.(Ord¡.❹❹❷.° .8.Exh¡.A.(part)?.867❺)¡

1.28.080 Hearing procedure.

A¡.No.hearing.to.contest.an.administrative.citation.before.a.hearing.officer.shall.be.held. unless.and.until.a.timely.»request.for.hearing‹ .form.has.been.completed.and.submitted. and.the.fine.has.been.deposited.in.advance.or.waived.as.provided.under.Section.7¡8❹¡6❸6¡ B¡.After.receipt.of.the.»request.for.hearing‹ .and.fine.deposit?.a.hearing.before.the.hearing. officer.shall.be.set.for.a.date.that.is.not.less.than.fifteen.and.not.more.than.ninety.calendar. days.from.the.date.that.such.request.is.filed.in.accordance.with.the.provisions.of.this. section¡.The.person.requesting.the.hearing.and.the.city.may.agree.to.a.hearing.date.that.is. either.sooner.or.later.than.the.time.periods.required.herein.for.a.hearing¡.Unless.advanced. notice.is.otherwise.waived.by.the.requesting.party?.the.person.requesting.the.hearing.shall. be.notified.of.the.time.and.place.set.for.the.hearing.at.least.ten.calendar.days.prior.to.the. date.of.the.hearing¡.The.failure.of.any.recipient.of.an.administrative.citation.to.appear.at.the. scheduled.hearing.shall.constitute.a.forfeiture.of.the.fine.and.be.a.bar.to.judicial.review.of. the.hearing.officer.decision.based.upon.a.failure.to.exhaust.administrative.remedies¡ C¡.The.hearing.officer.shall.only.consider.evidence.that.is.relevant.to.whether.the.violation. occurred?.and.whether.the.responsible.person.has.caused.or.maintained.the.violation.of. this.code.on.the.date(s).specified.in.the.administrative.citation¡.Such.relevant.evidence. includes?.without.limitation?.staff.reports.or.presentations?.oral?.physical?.and.documentary. evidence.regarding.the.alleged.violation(s)?.and.proposed.method.of.abatement?.if.any¡ D¡.The.hearing.is.intended.to.be.informal.in.nature¡.Formal.rules.of.evidence.and.discovery. do.not.apply¡.The.city.manager.may?.from.time.to.time?.adopt.procedures.for.the.format.and. proceedings.of.the.administrative.hearing¡.The.person.contesting.the.administrative. citation.shall.be.given.the.opportunity.to.testify.and.present.witnesses.and.evidence. concerning.the.administrative.citation¡.The.city.shall.have.the.burden.of.proof.by. preponderance.of.the.evidence.to.establish.that.the.responsible.person.committed.the. violation.specified.in.the.administrative.citation¡
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E¡.Each.witness?.prior.to.providing.oral.testimony?.shall.be.sworn.by.the.hearing.officer.or. his.or.her.designee¡.Each.party.shall.have.the.opportunity.to.cross‗examine.witnesses.and. present.evidence.in.support.of.the.party"s.cause¡
F¡.The.administrative.citation.and.any.additional.document.submitted.by.the.issuing. officer―employee.shall.constitute.prima.facie.evidence.of.the.respective.facts.contained.in. those.documents¡.Formal.rules.of.evidence.shall.not.apply¡ This code is unconstitutional in that it is seizure of assets without due process. A person is guilty of a violation first if it is suspected by the code officer or any employee of the City. The person then has two routes to go, both of which seizes the person's property (money). They can pay the fine and be done with it. Or they can appeal the "ticket"... but they still have to deposit the full amount of the fine to appeal what could be a months long appeal. Either way, the person has to pay out. Most people are not going to appeal but rather just pay the "ticket". This makes a person guilty of the violation, no matter what....issues such as human habitation of a vehicle are subjective in nature, and would need an appeal to prove that for instance, it was a dog in an RV when the code officer insists it was a person habituating a vehicle.

Repealing the 2019 Administrative code changes would return the hearings back to in front of the city council. Before 2019, there was only one code enforcement case in 2015 that made it before the council in a decade to my knowledge. The rest were handled by city staff and open communication with the Community Development department.

I am writing this as a citizen, not as the paralegal of Mr. Briggs. It is my idea and research, with no urging by Mr. Briggs to do so. It has been claimed by Mr. Smith that I am under orders from Attorney Briggs to disrupt or be the spokesperson for him according to Mr.

Smith. Here is when Mr. Smith accused me of such at the May 28th Zoom hearing... smith goes after carleton .mp4
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smith goes after carleton .mp4
Mr. Smith was then quickly replaced by Mr. Ngo of Redwood Public Law. I speak to the city council as a 53 year resident and citizen of Cotati, nothing else.

Sincerely, Laurie Alderman
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Cotati City Council
Agenda Staff Report
Item type: CONSENT CALENDAR (ACTION)
To: City Council
Subject: CONSIDERATION OF A RESOLUTION APPROVING AN

AFFORDABLE HOUSING REGULATORY AGREEMENT

BETWEEN THE CITY AND PINK VIKING ORH LLC IN

CONNECTION WITH THE DEVELOPMENT OF FLAHAVAN

ESTATES, AND AUTHORIZING THE CITY MANAGER TO

SIGN DOCUMENTS RELATED TO THE AFFORDABLE

HOUSING AGREEMENT
Date: August 12, 2025
Written by: JP Harries, Senior Planner
Recommendation
It is recommended that the City Council adopt a Resolution approving an Affordable Housing Regulatory Agreement between the City and Pink Viking ORH LLC (“Developer”) in connection with the development of the Flahavan Estates subdivision, and authorizing the City Manager to sign documents related to the Affordable Housing Regulatory Agreement.

Background
On January 23, 2024, the Cotati City Council adopted Resolution No. 2024-04, approving Preliminary Design Review, a Tree Removal Permit, a Hillside Development Permit, and a Vesting Tentative Map for Flahavan Estates, a 35-lot single-family home subdivision located at 8841 Old Redwood Highway.

Under the City of Cotati’s Affordable Housing Ordinance in effect at the time of project entitlement approval, 15% of the housing units in a residential development must be designated as affordable, based on Area Median Income (AMI). The AMI is the median gross annual income, adjusted for household size, as periodically published by the Department of Housing and Community Development (HCD). The ordinance further mandated that one-third of these affordable units be reserved for very low-income households, one-third for low-income households, and one-third for moderate-income households.

Condition of Approval No. 6 in Resolution No. 2024-04 requires the Developer to obtain City Council approval of an Affordable Housing Agreement prior to recording the Final Map. This 22 of 387
agreement must specify the affordability levels, tenant or buyer selection criteria, and other requirements to ensure the affordability of the restricted units for a minimum of 55 years. The agreement is then recorded to run with the deeds of the subject lots. The proposed agreement is attached to the accompanying Resolution as Attachment A.

Analysis/Discussion
The proposed Affordable Housing Regulatory Agreement with Pink Viking ORH LLC (“Agreement”) pertains to rental units in the Flahavan Estates project. Originally, the City and the Developer anticipated that the individual lots and homes throughout the development would be sold when the project’s entitlements were approved. However, the Developer has opted to retain ownership and offer all units in the development as rentals due to financing needs for construction of the homes. If the Developer later decides it is economically feasible to sell the lots during the Agreement’s term, the Agreement includes a provision requiring a new Affordable Housing Regulatory Agreement to be recorded that would control the sale prices of the restricted units.

The Agreement provides that the restricted units in the development must be offered at affordable rents. Affordable rent is defined as a gross monthly rent that does not exceed onetwelfth of 30% of the applicable AMI limit, adjusted for family size, minus a reasonable allowance for utilities and other costs, such as HOA dues. The rents are computed based on the income limits for an assumed household size equal to the number of bedrooms in the unit plus one person. For example, the rents for a three-bedroom unit are based upon the income limits for a four-person household.

A very low-income household is generally defined as one with an adjusted income not exceeding 50% of the AMI. A low-income household has an adjusted income not exceeding 80% of AMI, and a moderate-income household has an adjusted income between 80% and 120% of AMI.

However, adjustments may be made in areas with unusually high or low family incomes, atypical housing-cost-to-income ratios, or other specific circumstances.

The published 2025 State Income Limits for Sonoma County, which are used to determine household eligibility and rents, are as follows:
# of Persons in
Household: 1 2 3 4 5 6 7 8
Very Low Income 52850 60400 67950 75500 81550 87600 93650 99700 Low Income 84650 96750 108850 120900 130600 140250 149950 159600 Median Income 92400 105600 118800 132000 142550 153100 163700 174250 Moderate Income 110900 126700 142550 158400 171050 183750 196400 209100 The attached Agreement and Declaration of Restrictive Covenants ensures that five designated units will be restricted for affordable housing for 55 years. As proposed, all restricted units will be three-bedroom two-bath homes with the following unit mix:
• Lot 1: 3-bedroom unit at 80% AMI
• Lot 8: 3-bedroom unit at 120% AMI
• Lot 23: 3-bedroom unit at 120% AMI
• Lot 33: 3-bedroom unit at 50% AMI
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• Lot 35: 3-bedroom unit at 80% AMI
Financial Considerations
The City of Cotati incurs no adverse fiscal impact from approval of the Affordable Housing Regulatory Agreement. The Developer fully covers all staff time and legal services required to prepare the agreement, which also includes a provision for an annual payment to the City to monitor compliance. No City Affordable Housing Funds are allocated to this project.

Environmental Issues
The approval of the Affordable Housing Regulatory Agreement is not a “project” subject to the California Environmental Quality Act (CEQA) because it can be determined with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Therefore, based on the information provided above, the proposed resolution is exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines. 24 of 387
Submitted R.C.E. 43079
883 THIRD STREET
SANTA ROSA, CALIF. 95404
(707) 577-0425
C
L
R A H
E S C. T R A B O U
L S I
Plotted:
8841 OLD REDWOOD HIGHWAY
35 LOTS, 2 LANDSCAPE PARCELS
321104 JMM/CCT JMM AS SHOWN 7/21/2023

COTATI, CALIFORNIA

TENTATIVE MAP
FLAHAVAN ESTATES 12
7/21/2023 L:\2021\21104 - 8841 Old Redwood Highway\Base Drawings\21104 - Tm.dwg 0 40' 80' 1" = 40' TYPICAL SECTION - VIKING WAY & LONGSHIP LANE (PUBLIC STREETS) NO SCALE CL 5' SIDEWALK C & G, TYP. R/W 2% 28.0'0.5' 13.0' 8.0' PLANTER 8.0' TYPICAL SECTION - OLD REDWOOD HIGHWAY (EXISTING 100' PUBLIC STREET) NO SCALE R/W 17.0' 12.0' 16.0' 10.0' 10.0' 50.0' 2% SIDEWALK CL R/W 50.0' 27.0' EXISTING IMPROVEMENTS 2 - 8' TRAVEL LANES 7' PARKING EACH SIDE 5' P.U.E. 5.0' 16.0' 50.0'8.0' BIKE LANE TRAVEL LANE TURN LANE 12.0' TRAVEL LANE 12.0' BIKE LANE 5' C 5' SIDEWALK R/W 2% 28.0' 0.5' 13.0' 8.0' PLANTER 7.0' 5' P.U.E. PARKING LANE 8.0' 7.0' LANE PARKING CLOTHIER LANE OLD REDWOOD HIGHWAY 5' BENEFIT USE EASEMENT IN FAVOR OF DOWNHILL LOT (TYP) 7' BENEFIT USE EASEMENT IN FAVOR OF DOWNHILL LOT 5' BENEFIT USE EASEMENT IN FAVOR OF DOWNHILL LOT (TYP) 2.0' 7' P.U.E 7.0' 15 12+00 13+00 14+00 15+00 16+00 17+00 18+00 19+00 +1 00 +2 00 +3 00 5 4
3 2
1 8
7 6 10
9 35 31 32 30 28 33
+ 32 00 + 33 00 + 34 00 + 35 00 + 36 00 + 37 00 + 38 00 + 39 00 5' P.U.E. 5' P.U.E. 5' P.U.E.
5' P.U.E.
5' P.U.E. 29 2627 23 12 11 14 22 25 19 21 20 24 13 16 Lot Areas Parcel 1 2 34
567
89101112131415161718 Area - S.F. 7496 6000 6000 6000 6000 6000 6000 6000 6000 6000 6098 6040 6099 9982 7969 8991 8331 12212 Lot Coverage 32%27%32%27%40%27%32%40%27%32%39%27%39%15%18%16%18%12% House Plan 12 3
212
3 12
3 12155555 Lot Areas Parcel 1920212223242526272829303132333435 Area - S.F. 7321 7475 6721 6016 6562 8730 6005 6604 7808 8496 6010 6060 6010 8558 11401 5959 7001 Lot Coverage 20%22%36%31%25%21%40%29%31%22%31%27%31%22%16%32%23% House Plan 52 1
324
1 3
1 43234432
100.0' 75.0' 65.9'
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14.1'

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2.0' 76.5' 84.5'
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12.2' 60.2'

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99.1' 136.4' 83.5' N47° 05' 52"E 939.60'
S43° 00' 08"E 330.25'
N47° 09' 34"E 937.49'
N43° 22' 09"W 329.25' 56.0' 70.0' 134.2' 50.0'
105.8'

93.8'
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R=61.0' L=13.4' L=65.5' L=72.8' L=10.0'
L=29.7' L=14.2'
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41.9'
L=40.1'

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60.2' 58.0' 100.0'

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11.1' L=4.0'

60.0' 20.0' 92.3'

70.3' 74.1' 20.0' 60.0' 60.0' 60.0' 10.0'10.0' 60.0' 60.0'

89.9' 14.3' 14.1' 90.0' 115.7'

14.1'

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18.4' 14.2' 60.0' 60.0'
5' P.U.E. 5' P.U.E. RECIPROCAL ACCESS AND PRIVATE UTILITY EASEMENTS RECIPROCAL ACCESS AND PRIVATE UTILITY EASEMENTS10' RECIPROCAL ACCESS AND PRIVATE UTILITY EASEMENTS 10' 34

12.73'

14.14' 75.0' 1817 116.6'

60.0' 82.60'

73.24' VIKING WAY
LONGSHIP LANE FUTURE ROAD APN 046-223-010 APN 046-223-032 APN 046-223-043 APN 046-223-042 APN 144-460-019 APN 144-460-018 APN 144-460-009 APN 144-470-018 APN 144-470-017 APN 144-470-016 APN 144-470-015 APN 144-470-014 APN 144-470-013 APN 144-470-012 APN 144-470-011 APN 144-470-010 APN 144-470-009 APN 144-470-008 R=150.0' CONFORM TO EXIST. SWK. SHADED AREA = PUBLIC R/W DEDICATED TO CITY OF COTATI REMOVE EXISTING STRIPING ON PROJECT SIDE OF EXISTING NORTHBOUND TRAVEL LANE FROM PROJECT SOUTH BOUNDARY TO CLOTHIER LANE AND 80' OF STRIPING AT THE NEW INTERSECTION NEW 4" WHITE STRIPE & BIKE LANE MARKINGS NEW BROKEN DBL. YELLOW TWO-WAY TURN LANE STRIPING AND WHITE ARROWS STOP & STREET NAME SIGNS NEW 4" WHITE STRIPE & BIKE LANE MARKINGS NEW BROKEN DBL. YELLOW TWO-WAY TURN LANE STRIPING AND WHITE ARROWS RESOLUTION NO. _____

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI APPROVING AN

AFFORDABLE HOUSING REGULATORY AGREEMENT BETWEEN THE CITY AND

PINK VIKING ORH LLC IN CONNECTION WITH THE DEVELOPMENT OF

FLAHAVAN ESTATES AND AUTHORIZING THE CITY MANAGER TO SIGN

DOCUMENTS RELATED TO THE AGREEMENT
WHEREAS, on January 23, 2024, the Cotati City Council adopted Resolution No. 2024- 04, approving Preliminary Design Review, a Tree Removal Permit, a Hillside Development Permit, and a Vesting Tentative Map to allow development of Flahavan Estates, a 35-lot singlefamily home subdivision located at 8841 Old Redwood Highway; and WHEREAS, pursuant to the City of Cotati’s Affordable Housing Ordinance in effect at the time of project entitlement approval, 15% of the housing units in a residential development with more than nine units must be designated as affordable, based on Area Median Income (AMI) for a period of 55 years, and that one-third of the affordable units must be reserved for very low-income households, one-third for low-income households, and one-third for moderateincome households; and WHEREAS, the applicant, Pink Viking ORH LLC, has accepted the obligation to execute an Affordable Housing Regulatory Agreement and Declaration of Restricted Covenants (Affordable Housing Agreement) with the City that will restrict five units in the development to rents that are considered affordable based on AMI, and includes two units reserved for qualifying moderate-income households, two units for qualifying low-income households, and one unit for qualifying very low-income households; and
WHEREAS, this project supports the City of Cotati’s 2023-2031 Housing Element’s goal to promote affordable housing development by providing affordable housing units at no public cost and contributes to the City’s Regional Housing Needs Allocation; and WHEREAS, approval of the Affordable Housing Agreement is not a “project” subject to the California Environmental Quality Act (CEQA) because it will result in no direct physical effects on the environment and is therefore exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cotati hereby finds the following:

1. The foregoing recitals are declared to be true and correct and are incorporated herein by reference.
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2. The City Council hereby approves the Affordable Housing Regulatory Agreement and Declaration of Restricted Covenants (Attachment A).

3. The City Council hereby authorizes the City Manager, or their designee, to execute the document on behalf of the City, substantially in the form presented for City Council review. The City Manager, in consultation with the City Attorney, may approve modifications to the document, provided such changes align with the intent of this Resolution, do not increase the City’s obligations, and do not impair the City’s rights.

4. This Resolution shall become effective immediately upon adoption.

IT IS HEREBY CERTIFIED that the foregoing resolution was duly adopted at a regular meeting of the City Council of the City of Cotati held on August 12, 2025, by the following vote, to wit:

Approved:___________________________
Mayor
Attest:______________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:______________________________
City Attorney
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Recording Requested by
and when Recorded, return to:

City of Cotati
201 West Sierra Avenue
Cotati, CA 94931-4217
Attn: City Clerk

EXEMPT FROM RECORDING FEES
PER GOVERNMENT CODE §§6103 &
27383
Space above this line for Recorder’s use.

AFFORDABLE HOUSING REGULATORY AGREEMENT
AND

DECLARATION OF RESTRICTIVE COVENANTS
This Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants (this “Agreement”) is dated as of ____________, 20___, by and between the City of Cotati, a municipal corporation (“City”) and Pink Viking ORH, a Limited Liability Company (“Developer”). City and Developer are hereinafter collectively referred to as the “Parties” and as a “Party” individually. This Agreement shall be effective as of the date this Agreement is recorded (“Effective Date”).

RECITALS
A. Developer is the owner of certain real property in the City of Cotati, which is located at 8841 Old Redwood Highway, Cotati, Sonoma County, California (APN 046-223-018) more particularly described as Exhibit “A” attached hereto and incorporated herein by reference (the “Property”).

B. Developer intends to construct, own and operate on the Property a residential subdivision known as Flahavan Estates consisting of thirty-five (35) detached singlefamily housing units with optional Accessory Dwelling Units (“ADUs”), a portion of which is to be set aside for affordable units (the “Development”). The Development also consists of new landscaping, utility connections, frontage improvements, and ancillary improvements.

C. This Agreement sets forth the terms and conditions of the Agreement between the Developer and the City by which the Developer shall provide as part of the Development, five (5) affordable rental housing units, of which two (2) shall be for Moderate-Income Households, two (2) shall be for Low-Income Households, and one (1) shall be for Very Low-Income Households, for a period of not less than fifty-five (55) years (the “Restricted Units”); all pursuant to Cotati City Council Resolution No. 2024-4 approving the Development and requiring the construction of affordable units in accordance with Chapter 17.31 of the Cotati Municipal Code that was in effect on January 23, 2024, the date of approval of the Development.
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Cotati Affordable Housing Regulatory Agreement Page 2 of 28 D. Prior to recordation of the Final Map to allow construction of the Development, the Parties will execute this Agreement for recordation in the Official Records of the County of Sonoma (the “Official Records”).

E. The above recitals relating to the Development are for information purposes only, and in no way affect the Developer’s and City’s rights and obligations under this Agreement with respect to the Property. The above recitals also are not intended to relieve the Developer of any additional inclusionary obligations the Developer may incur as a result of modifications to development plans existing as of the date of this Agreement.

F. In connection with the granting of such permits and entitlements for the Project, the City will impose certain development impact fees and charges (“Impact Fees”).

G. The Parties have agreed to enter into and record this Agreement in order to satisfy the conditions described in the foregoing Recitals. The Parties agree that the covenants set forth in this Agreement run with the land and are binding upon Developer and Developer’s successors in interest and assigns for a period of not less than fifty-five (55) years from the date of occupancy of each below market rate in the Development.

NOW THEREFORE, in consideration of the foregoing, and other valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows.

1. Definitions. The following terms have the meanings set forth in this Section wherever used in this Agreement or the attached exhibits. “Actual Household Size” means the actual number of persons in the applicable household.
“Adjusted for Family Size Appropriate to the Unit” shall be determined consistent with Section 50052.5(h) of the California Health and Safety Code and applicable federal rules, including the rules and regulations applicable to the use of federal low-income housing tax credits.
“Adjusted Income” means the total anticipated annual income of all persons in a household, as calculated in accordance with 25 California Code of Regulations Section 6914 or pursuant to a successor State housing program that utilizes a reasonably similar method of calculation of adjusted income. If no such program exists, the City shall provide the Developer with a reasonably similar method of calculation of adjusted income as provided in said Section 6914.
“Affordable Rent” means that the gross monthly rent payable by the tenant does not exceed one-twelfth of thirty percent (30%) of the applicable AMI limit, Adjusted for Family Size Appropriate to the Restricted Unit, as specified in Section 2.4, less a reasonable utility allowance.
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Cotati Affordable Housing Regulatory Agreement Page 3 of 28 “Area Median Income” or “AMI” means the median gross yearly income adjusted for Actual Household Size (to qualify residents) or Assumed Household Size (to calculate rents), as applicable, in the County of Sonoma, California, as published from time to time by HCD. In the event that such income determinations are no longer published or are not updated for a period of at least eighteen (18) months, the City shall provide Developer with other income determinations which are reasonably similar with respect to methods of calculation to those previously published by HCD. “Assumed Household Size” shall have the meaning set forth in Section 2.4.

The definition is utilized to calculate Affordable Rent and is not intended to be a limit on the number of persons occupying a unit. The minimum Assumed Household Size shall be the number of bedrooms plus one, or the actual size of the household, whichever is greater.
“Claims” is defined in Section 10.
“Eligible Household” means a household for which gross household income upon initial occupancy does not exceed the applicable maximum income level for a Restricted Unit, as specified in Section 2.1.
“HCD” means the California Department of Housing and Community Development.
“Indemnitees” is defined in Section 10.
“Low-Income Household” shall mean a household with an Adjusted Income that does not exceed eighty percent (80%) of Area Median Income. “Low-Income Rent” shall mean the rent permitted to be charged for a Low-Income Unit pursuant to Section 2.4 below.
“Low-Income Units” shall mean the Units, which, pursuant to Section 2.1 below, are required to be occupied by Low-Income Households.
“Management and Marketing Plan” is defined in Section 6.4. “Moderate-Income Household” shall mean a household with an Adjusted Income between eighty percent (80%) and one hundred twenty percent (120%) of Area Median Income.
“Moderate-Income Rent” shall mean the rent permitted to be charged for a Moderate-Income Unit pursuant to Section 2.4 below.
“Moderate-Income Units” shall mean the Units, which, pursuant to Section 2.1 below, are required to be occupied by Moderate-Income Households. “Regulations” means Title 25 of the California Code of Regulations. 30 of 387
Cotati Affordable Housing Regulatory Agreement Page 4 of 28 “Rent” means the total of monthly payments by the residents of a Unit for the following: (1) use and occupancy of the Unit and land and related improvements; (2) any separately charged fees or service charges assessed by the Developer which are required of all tenants, other than security deposits; (3) the cost of an adequate level of service for utilities paid by the tenant, including garbage collection, sewer, water, electricity, gas and other heating, cooking and refrigeration fuel, but not telephone service, cable service or any other utility or service permitted to be excluded from the calculation of Rent pursuant to the terms of 25 California Code of Regulations Section 6918; and (4) any other interest, taxes, fees or charges for use of the land or associated facilities and assessed by a public or private entity other than the Developer, and paid by the tenant.
“Restricted Unit” means a dwelling unit which is reserved for occupancy at an Affordable Rent by a household of not more than a specified household income in accordance with and as set forth in Recital C and Sections 2.1, 2.2, and 2.4. “Very Low-Income Household” shall mean a household with an Adjusted Income that does not exceed fifty percent (50%) of Area Median Income. “Very Low-Income Rent” shall mean the rent permitted to be charged for a Very Low-Income Unit pursuant to Section 2.4 below.
“Very Low-Income Units” shall mean the Units, which, pursuant to Section 2.1 below, are required to be occupied by Very Low-Income Households.

2. Affordability Requirements

2.1 Use and Affordability Restrictions. Developer hereby covenants and agrees, for itself and its successors and assigns, that five (5) units in the Development shall be used solely for the operation of an affordable residential rental development for Eligible Households. Developer represents and warrants that it has not entered into any agreement that would restrict or compromise its ability to comply with the occupancy and affordability restrictions set forth in this Agreement, and Developer covenants that it shall not enter into any agreement that is inconsistent with such restrictions without the express written consent of City.

For a term of fifty-five (55) years commencing upon the date of issuance of a final certificate of occupancy for each of the five (5) Restricted Units in the Development, each Restricted Unit shall be rented to and occupied by, or, if vacant, available for occupancy by Eligible Households as further set forth in Recital C above (the “Restricted Units”) and Section 2.2 below, subject to Section

2.6. The City and the Developer acknowledge that other financing sources for the Development may impose additional affordability restrictions on the Development.

2.2 Restricted Units. All Restricted Units in the Development shall be comparable in infrastructure (including sewer, water and other utilities), 31 of 387
Cotati Affordable Housing Regulatory Agreement Page 5 of 28 construction quality and exterior design to the market-rate units. The following is the planned breakdown of the Restricted Units in the Development:

Targeted Unit Mix Income Level
1 Lot 1 @ 80% of AMI
2 Lot 8 @ 120% of AMI
3 Lot 23 @ 120% of AMI
4 Lot 33 @ 50% of AMI
5 Lot 35 @80% of AMI

2.3 ADUs not eligible. ADUs that may be constructed as part of the Development shall not be eligible to satisfy the affordability requirements of this Agreement.

2.4 Rents for Restricted Units.
(a) Affordable Rent. Subject to the provisions of Section 2.6 below, the Rent charged to residents in the Restricted Units shall not exceed:
i. Very Low-Income Unit Rent. One-twelfth (1/12th) of thirty percent (30%) of fifty percent (50%) of Area Median Income, adjusted for Assumed Household Size.
ii. Low-Income Unit Rent. One-twelfth (1/12th) of thirty percent (30%) of eighty percent (80%) of Area Median Income,
adjusted for Assumed Household Size.
iii. Moderate-Income Unit Rent. One-twelfth (1/12th) of thirty percent (30%) of one hundred twenty percent (120%) of
Area Median Income, adjusted for Assumed Household
Size.
(b) In calculating the allowable Rent for the Restricted Units, Assumed Household Size shall be the federally mandated household size assumptions as set forth in federal statutes or regulations for programs also providing financial assistance to the Development (“Assumed Household Size”) and as further defined in the definition of Assumed Household Size in this Agreement.
(c) The Rent for Restricted Units may only be increased one time per year (unless otherwise approved in writing by the City) and the Rent level following an increase, or upon a new occupancy, shall not exceed the Rent level set forth in subsection (a) above, as applicable. Eligible Households occupying Restricted Units shall be given at least sixty (60) days written notice prior to any increase in the Rent. Copies of said notice shall be provided to the City upon request.
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Cotati Affordable Housing Regulatory Agreement Page 6 of 28 (d) Notwithstanding anything to the contrary contained in this Agreement, if the other lenders, tax credit investor, or regulatory agencies require stricter household income eligibility or affordability requirements than those imposed hereby, the requirements of such other lenders, tax credit investor, or regulatory agencies shall prevail, but such requirements and the requirements of this Agreement shall be reconciled to the greatest extent possible. In meeting all such income and affordability requirements, the Developer may count each unit at a specific income eligibility level as meeting the same specific income eligibility level requirement in each of the lender, tax credit, or regulatory agency regulatory agreements.

2.5 Tenant Eligibility and Selection

2.5.1 Notification to City. Whenever a Restricted Unit becomes available, the Developer shall immediately notify the City in writing.

2.5.2 Local Preference Policy. Pursuant to Government Code Section 7061, CMC Section 17.31.080 C and the City’s Housing Element Program 4-1, and assuming all other factors being equal, priority for available Restricted Units shall be extended to Eligible Households that: 1.

Currently live or work in the City of Cotati; 2. Have children who attend a school within the Cotati-Rohnert Park Unified School District; 3. Are members of a local Native American Tribe, including the Federated Indians of Graton Rancheria (FIGR); or 4. Are an employee of Sonoma State University, over other persons to rent or purchase deed-restricted affordable housing units, in the order of priority with which the categories are listed.

2.5.3 Selection of Tenants. The Developer shall fill available Restricted Units by the following methods, in priority order, and in compliance with any rules approved by the City, including the City’s Local Preference Policy:
a. Selection from a list of Eligible Households maintained by the City or its designee;
b. Selection of Eligible Households from the City’s Section 8 Housing Choice Voucher Waiting List;
c. Selection of other Eligible Households, as long as the Developer complies with the publication requirements in Section 2.5.4.

2.5.4 Publication of Availability of Units. Whenever a Restricted Unit becomes available and the City advises the Developer that it may pursue the selection method described in Section 2.5.3(a), the Developer shall publish notices of the availability of Restricted Units via email to the City’s 33 of 387
Cotati Affordable Housing Regulatory Agreement Page 7 of 28 “Housing Interest List” in addition to methods Developer reasonably deems practical and consistent with standard property management practices commonly used to widely publicize below market rate units. The notice should briefly explain what Restricted Units are, state the applicable income requirements, indicate where applications are available, state when the application period opens and closes, and provide a telephone number and email for questions. Applications may require the name, address, and telephone number of the applicant; the number of persons to occupy the household; household income; information regarding the City’s Local Preference policy and any other information relevant to determine whether the applicant is eligible to occupy a Restricted Unit. The owner shall submit proof of publication to the City.

2.5.5 Income Certification. The Developer shall be responsible for certifying the income of the tenants of Restricted Units to the City at the time of initial rental, and annually thereafter. This shall be completed by viewing acceptable documentation, including income tax statements or a W-2 for the previous calendar year, and submitting, on a form approved by the City, a certification that the tenant qualifies as an Eligible Household.

2.5.6 Occupancy. A household that occupies a Restricted Unit shall occupy the unit as its principal residence.

2.6 Changes in Tenant Income. If after moving into a Restricted Unit the tenant’s income eventually increases such that the tenant no longer qualifies as an Eligible Household, the tenant may remain in the unit as directed below, consistent with the Cotati Municipal Code:
a. If the tenant’s income does not exceed the income limits of other Restricted Units in the Development, Developer may, at the Developer’s option, allow the tenant to remain in the Restricted Unit at the tenant’s new Affordable Rent, as long as the next vacant unit is redesignated for the same lower income category applicable to the original Restricted Unit. If the Developer does not want to redesignate the next vacant unit, the tenant shall be given one year’s notice to vacate the Restricted Unit. If during the year, another comparable unit in the Development becomes available and the tenant meets the income eligibility for that unit, the Developer shall provide the tenant with the opportunity to submit an application for that unit.
b. If there are no units designated for a higher income category within the Development that may be substituted for the original Restricted Unit, the tenant shall be given one year’s notice to vacate the Restricted Unit. If within that year, another unit in the Development is vacated, the Developer may, at the Developer’s option, allow the tenant to remain in the original Restricted Unit and raise the tenant’s rent to market rate and designate the newly vacated unit for the original unit at the applicable Affordable Rents. Unless the tenant’s household situation 34 of 387
Cotati Affordable Housing Regulatory Agreement Page 8 of 28 has changed, the newly vacated unit must be comparable in size (i.e., number of bedrooms, bathrooms, square footage, etc.) and location (i.e., comparable floor, comparable view, etc.) as the original unit.

In the event of inconsistency between the provisions of this Section and the rules applicable to the Development in connection with low-income housing tax credits, tax-exempt bond financing, or financing or rent subsidies provided to the Development by a federal, State, or other public agency, the rules applicable pursuant to such financing or subsidy source shall prevail.

2.7 No Conversion from Rental Units. The Developer is expressly prohibited from converting any Restricted Units to for-sale units during the term of this Agreement without the prior written authorization and approval of the City of Cotati.

Any such conversion undertaken without such authorization shall be deemed a material breach of this Agreement. In the event that the City of Cotati, in its sole discretion, grants written authorization and approval for the conversion of any Restricted Units from rental to for-sale units, the Developer shall, prior to any sale, transfer of ownership, or conveyance of such units, record a new Affordable Housing Regulatory Agreement dictating the terms and conditions of such sale with the City of Cotati. Such agreement shall conform to the requirements of Chapter 17.31 of the Cotati Municipal Code (Affordable Housing Requirements), or any successor provisions of the Cotati Municipal Code governing affordable housing, as applicable at the time of recordation. The new Affordable Housing Regulatory Agreement shall ensure the continued affordability of the converted units in accordance with applicable City regulations and state law, including but not limited to compliance with the full term specified in the Affordable Housing Requirements Ordinance. Upon the effective recordation of the new Affordable Housing Regulatory Agreement with the Sonoma County Recorder’s Office, this Agreement shall be deemed terminated, null, and void with respect to the converted units, and the Developer shall provide written confirmation of such recordation to the City within ten (10) business days. The Developer shall bear all costs associated with the preparation, review, and recordation of the new Affordable Housing Regulatory Agreement.

2.8 Non-Discrimination; Compliance with Fair Housing Laws.

2.8.1 Fair Housing. Developer shall comply with state and federal fair housing laws in the marketing, leasing, and management of the units in the Development. Developer shall accept as tenants, on the same basis as all other prospective tenants, persons who are recipients of federal certificates or vouchers for rent subsidies pursuant to the existing Section 8 program or any successor thereto, however Developer at his sole discretion, may limit the total units rented to tenants under the Section 8 program to a maximum of five (5) units.

2.8.2 Non-Discrimination. The Developer shall apply the same rental terms and conditions to tenants of Restricted Units as are applied to all other 35 of 387
Cotati Affordable Housing Regulatory Agreement Page 9 of 28 tenants, except as otherwise to comply with this Agreement and/or government subsidy programs. Discrimination based on subsidies received by the prospective tenant is prohibited. Developer shall not restrict the rental, sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, or any portion thereof, on the basis of race, color, religion, creed, sex, sexual orientation, disability, marital status, ancestry, or national origin of any person. Developer covenants for itself and all persons claiming under or through it, and this Agreement is made and accepted upon and subject to the condition that there shall be no discrimination against or segregation of any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those biases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code in, the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property or part thereof, nor shall Developer or any person claiming under or through Developer establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in, of, or for the Property or part thereof. Developer shall include such provision in all deeds, leases, contracts and other instruments executed by Developer, and shall enforce the same diligently and in good faith.

3. Reporting Requirements.

3.1 Tenant Certification. Developer or Developer’s authorized agent shall obtain from each household prior to initial occupancy of each Restricted Unit, and on every anniversary thereafter, a written certification on a form approved by the City containing all of the following, and with supporting documentation including income tax statements or a W-2 for the previous calendar year:
(a) The identity of each household member; and
(b) The total gross household income; and
(c) Household compliance with Local Preference Policy consistent with Section 2.5.2 if applicable.

Developer shall retain such certificates for not less than five (5) years from the date of the last Tenant Certification for a specific unit, and annually upon City’s requested date and time, shall provide copies of such certificates to City and make the originals available for City inspection.

3.2 Annual Report; Inspections. By not later than April 30 of each year during the term of this Agreement, Developer shall submit an annual report (“Annual Report”) to the City for the prior calendar year in a form satisfactory to City, together with a certification that the Development is following the requirements of 36 of 387
Cotati Affordable Housing Regulatory Agreement Page 10 of 28 this Agreement. The Annual Report shall, at a minimum, include the following information for each dwelling unit in the Development as of the date of the Annual Report: (i) unit number or address; (ii) number of bedrooms; and (iii) current rent and other charges, specifying the amount chargeable to the Tenant. In addition, the Annual Report shall, at a minimum include the following information for each Restricted Unit in the Development as of the date of the Annual Report: (i) number of people residing in the unit as reported to the Developer; (ii) total gross household income of residents; (iii) documentation of source of household income in the form of occupants’ tax returns or other generally acceptable income verification documents; (iv) the information required by Section 3.1; and (v) dates of any vacancies of Restricted Units during the previous year.

The Annual Report shall include a site improvement (if any) and maintenance plan and shall include a report on the current waitlist for Restricted Units, including number of households, unit size desired, and typical wait period. Developer shall include with the Annual Report an income recertification for each Eligible Household, documentation verifying tenant eligibility and such additional information as City may reasonably request from time to time in order to demonstrate compliance with this Agreement. The Annual Report shall conform to the format requested by City; provided however, during such time that the Development is subject to a regulatory agreement restricting occupancy and/or rents pursuant to requirements imposed in connection with the use of state or federal low-income housing tax credits or tax-exempt bond financing or grants, Developer may satisfy the requirements of this Section by providing City with a copy of compliance reports required in connection with such financing or grants.

Developer shall permit representatives of City to enter and inspect the Property, the Development, and the property management records, in order to monitor compliance with this Agreement during normal business hours upon two business days advance notice of such visit to Developer or to Developer’s management agent.

The Development shall be subject to an annual monitoring fee of One Hundred Twenty-Five Dollars ($125.00) per Restricted Unit, or such other amount as may be adjusted periodically in accordance with the City of Cotati’s Master Fee Schedule, as duly adopted and amended from time to time. In the event that compliance monitoring is performed by a qualified third-party entity, the Developer shall be responsible for the actual costs of such monitoring, not to exceed One Hundred Twenty-Five Dollars ($125.00) per Restricted Unit, or the adjusted amount as set forth in the City’s Master Fee Schedule at the time of monitoring.

The Developer may, with prior written approval of the City, elect to engage a qualified third-party entity to conduct compliance monitoring in accordance with the terms of this Agreement. The City shall not unreasonably withhold, condition, or delay its approval of such election, provided the third-party entity meets the City’s standards for qualification and competency as determined in the City’s reasonable discretion.
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4. Term of Agreement.

4.1 Term of Restrictions. This Agreement shall remain in effect through the 55th anniversary of the date of the issuance of the certificate of occupancy for each Restricted Unit unless the term is extended by mutual agreement of the Parties.

4.2 Effectiveness Succeeds Conveyance of Property. This Agreement shall remain effective and fully binding for the full term hereof, as such may be extended pursuant to Section 4.1, regardless of any sale, assignment, transfer, or conveyance of the Property or the Development or any part thereof or interest therein.

4.3 Reconveyance. Upon the termination of this Agreement, the Parties agree to execute and record appropriate instruments to release and discharge this Agreement; provided, however, the execution and recordation of such instruments shall not be necessary or a prerequisite to the termination of this Agreement upon the expiration of the term as such may be extended pursuant to Section 4.1.

5. Binding Upon Successors; Covenants to Run with the Land. Developer hereby subjects its interest in the Property and the Development to the covenants and restrictions set forth in this Agreement. The City and Developer hereby declare their express intent that the covenants and restrictions set forth herein shall be deemed covenants running with the land and shall be binding upon and inure to the benefit of the heirs, administrators, executors, successors in interest, transferees, and assigns of Developer and City, regardless of any sale, assignment, conveyance or transfer of the Property, the Development or any part thereof or interest therein. Any successor-in-interest to Developer, including without limitation any purchaser, transferee or lessee of the Property or the Development (other than the tenants of the individual dwelling units within the Development) shall be subject to all of the duties and obligations imposed hereby for the full term of this Agreement. Each and every contract, deed, or other instrument affecting or conveying the Property or the Development or any part thereof, shall conclusively be held to have been executed, delivered and accepted subject to the covenants, restrictions, duties and obligations set forth herein, regardless of whether such covenants, restrictions, duties and obligations are set forth in such contract, deed, or other instrument. If any such contract, deed, or other instrument has been executed prior to the date hereof, Developer hereby covenants to obtain and deliver to City an instrument in recordable form signed by the parties to such contract, deed, or other instrument pursuant to which such parties acknowledge and accept this Agreement and agree to be bound hereby.

Developer agrees for itself and for its successors that in the event that a court of competent jurisdiction determines that the covenants herein do not run with the land, such covenants shall be enforced as equitable servitudes against the Property and the Development in favor of City.

6. Property Management; Repair and Maintenance; Marketing. 38 of 387
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6.1 Management Responsibilities. Developer shall be responsible for all management functions with respect to the Property and the Development, including without limitation the selection of tenants, certification and recertification of household income and eligibility, evictions, collection of rents and deposits, maintenance, landscaping, routine and extraordinary repairs, replacement of capital items, and security. City shall have no responsibility for management or maintenance of the Property or the Development.

6.2 Management Entity. City shall have the right to review and approve the qualifications of the management entity proposed by Developer for the Restricted Units in the Development. The contracting of management services to a management entity shall not relieve Developer of its primary responsibility for proper performance of management duties.

6.3 Repair, Maintenance and Security. Throughout the term of this Agreement, Developer shall at its own expense, maintain the Property and the Development in good physical condition, in good repair, and in decent, safe, sanitary, habitable and tenantable living conditions in conformity with all applicable state, federal, and local laws, ordinances, codes, and regulations. Without limiting the foregoing, Developer agrees to maintain the Development and the Property (including without limitation, the residential units, common areas, landscaping, driveways, parking areas and walkways) in a condition free of all waste, nuisance, debris, unmaintained landscaping, graffiti, disrepair, abandoned vehicles/appliances, and illegal activity, and shall take all reasonable steps to prevent the same from occurring on the Property or at the Development. Developer shall prevent and/or rectify any physical deterioration of the Property and the Development and shall make all repairs, renewals and replacements necessary to keep the Property and the improvements located thereon in good condition and repair. Developer shall provide adequate industry standard security services for occupants of the Development. The Management and Marketing Plan shall provide for the installation of a security camera system at initial occupancy of each building.

Nothing in the proceeding sentence shall require the continued use of a camera system if the parties agree upon a different or updated security system.

6.3.1 City’s Right to Perform Maintenance. In the event that Developer breaches any of the covenants contained in Section 6.3, and such default continues for a period of ten (10) business days after written notice from City (with respect to graffiti, debris, and waste material) or thirty (30) days after written notice from City (with respect to landscaping, building improvements and general maintenance), then City, in addition to any other remedy it may have under this Agreement or at law or in equity, shall have the right, but not the obligation, to enter upon the Property and perform all acts and work necessary to protect, maintain, and preserve the improvements and the landscaped areas on the Property. All costs expended by City in connection with the foregoing, shall constitute an indebtedness and shall be paid by Developer to City upon demand. All such sums remaining unpaid thirty (30) days following delivery of City’s invoice 39 of 387
Cotati Affordable Housing Regulatory Agreement Page 13 of 28 therefor shall bear interest at the lesser of ten percent (10%) per annum or the highest rate permitted by applicable law.

6.4 Management and Marketing Plan. The Developer shall be responsible for creating and maintaining a plan for managing the Property and marketing the units for rent in the Project (the “Management and Marketing Plan”). The Management and Marketing Plan shall be updated every five (5) years and be available to the City for review upon request. Updates and revisions to the Management and Marketing Plan may be subject to prior approval of Developer’s investors, limited partners and/or project lenders before being implemented.

The Management and Marketing Plan shall describe the management team and shall address how the Developer and the management entity plan to manage and maintain the Property and the Development. The Management and Marketing Plan shall include the proposed management agreement and the form of the rental agreement that Developer proposes to enter into with the Development’s tenants. The Management and Marketing Plan shall address in detail how Developer plans to market the Restricted Units to prospective Eligible Households, in conformance with fair housing laws and this Agreement and with Developer’s tenant selection criteria and shall include email notification of unit availability and the process to apply for occupancy of the unit to the City’s Housing Interest List.

Additionally, the Management and Marketing Plan shall identify how Developer plans to certify the eligibility of Eligible Households, including implementation of the City’s Local Preference Policy. Developer shall abide by the terms of the Management and Marketing Plan in marketing, managing, and maintaining the Property and the Development, and throughout the term of this Agreement, shall submit proposed modifications to City for review and approval, which shall not be unreasonably withheld.

6.5 Approval of Amendments. If City has not responded to any submission of the Management and Marketing Plan, the proposed management entity, or a proposed amendment or change to any of the foregoing within thirty (30) days following City’s receipt of such plan, proposal or amendment, the plan, proposal or amendment shall be deemed approved by City.

6.6 Fees, Taxes, and Other Levies. Developer shall be responsible for payment of all fees, assessments, taxes, charges, liens and levies applicable to the Property or the Development, including without limitation possessory interest taxes, if applicable, imposed by any public entity, and shall pay such charges prior to delinquency. However, Developer shall not be required to pay any such charge so long as (a) Developer is contesting such charge in good faith and by appropriate proceedings, (b) Developer maintains reserves adequate to pay any contested liabilities, and (c) on final determination of the proceeding or contest, Developer immediately pays or discharges any decision or judgment rendered against it, together with all costs, charges and interest. The Parties acknowledge that the Developer will apply for exemption from property tax for the affordable units under Revenue and Taxation Code Section 214.
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6.7 Insurance Coverage. Throughout the term of this Agreement Developer shall at Developer’s expense, maintain in full force and effect insurance coverage as specified in Exhibit B and shall comply with all insurance requirements set forth in the Exhibit B.

6.8 Property Damage or Destruction. If any part of the Development is damaged or destroyed, Developer shall repair or restore the same, consistent with the occupancy and rent restriction requirements set forth in this Agreement. Such work shall be commenced as soon as reasonably practicable after the damage or loss occurs and shall be completed within one year thereafter or as soon as reasonably practicable, provided that insurance proceeds are available to be applied to such repairs or restoration within such period and the repair or restoration is financially feasible. During such time that lenders, low-income housing tax credit investors and State housing programs providing financing for the Development impose requirements that differ from the requirements of this Section the requirements of such lenders and investors shall prevail.

7. Recordation; Subordination. This Agreement shall be recorded in the Official Records. Developer hereby represents, warrants and covenants that with the exception of easements of record, absent the written consent of City, this Agreement shall not be subordinated in priority to any lien (other than those pertaining to taxes or assessments), encumbrance, or other interest in the Property or the Development without the City’s approval. If at the time this Agreement is recorded, any interest, lien, or encumbrance has been recorded against the Development in position superior to this Agreement, upon the request of City, Developer hereby covenants and agrees to promptly undertake all action necessary to clear such matter from title or to subordinate such interest to this Agreement consistent with the intent of and in accordance with this Section 7, and to provide such evidence thereof as City may reasonably request. Notwithstanding the foregoing, the City agrees that City will not withhold consent to reasonable and industry standard requests for subordination of this Agreement pursuant to Section 8.3. Developer shall reimburse City for all costs, including but not limited to reasonable attorney’s fees, incurred in reviewing instruments and other legal documents proposed to effect a subordination under this Agreement within ten (10) days following City’s delivery of an invoice detailing such costs.

8. Transfer and Encumbrance.

8.1 Restrictions on Transfer and Encumbrance. During the term of this Agreement, except as permitted pursuant to this Agreement, Developer shall not directly or indirectly, voluntarily, involuntarily or by operation of law make or attempt any total or partial sale, transfer, conveyance, assignment or lease (collectively, “Transfer”) of the whole or any part of the Property, the Development, or the improvements located on the Property, without the prior written consent of the City, which approval shall not be unreasonably withheld. In addition, prior to the expiration of the term of this Agreement, except as expressly permitted by this Agreement, Developer shall not undergo any significant change of ownership without the prior written approval of City. For purposes of this Agreement, a 41 of 387
Cotati Affordable Housing Regulatory Agreement Page 15 of 28 “significant change of ownership” shall mean a transfer of the beneficial interest of more than twenty-five percent (25%) in aggregate of the present ownership and /or control of Developer, taking all transfers into account on a cumulative basis; provided however, neither the admission of an investor limited partner, nor the transfer by the investor limited partner to subsequent limited partners shall be restricted by this provision.

8.2 Permitted Transfers. Notwithstanding any contrary provision hereof, the prohibitions on Transfer set forth herein shall not be deemed to prevent: (i) the granting of easements or permits to facilitate development of the Property; (ii) the dedication of any property; (iii) the lease of individual dwelling units to tenants for occupancy as their principal residence; (iv) assignments creating security interests for the purpose of financing the acquisition, construction, or permanent financing of the acquisition or the Property in accordance with the Agreement, or Transfers directly resulting from the foreclosure of, or granting of a deed in lieu of foreclosure of, such a security interest; (v) a Transfer to a limited partnership in which the managing general partner is a tax-exempt entity under the direct control of or under common control with a qualified non-profit affordable housing company; (vi) the admission of limited partners and any transfer of limited partnership interests in accordance with Developer’s agreement of limited partnership (the “Partnership Agreement”), provided that the Partnership Agreement and/or the instrument of Transfer provides for development and operation of the Property and Development in a manner consistent with this Agreement; (vii) the removal of the general partner by the investor limited partner for a default under the Partnership Agreement, provided the replacement general partner is an affiliate of the limited partner or an entity which is reasonably satisfactory to City; or (viii) the transfer of the General Partner’s interest to a nonprofit entity that is or its member/manager is tax-exempt under Section 501(c)(3) of the Internal Revenue Code of 1986 as amended, provided such replacement general partner is reasonably satisfactory to City or (ix) the grant, exercise and subsequent the transfer of the Project or limited partner interests in Developer to a qualified non-profit affordable housing company or an affiliate thereof pursuant to the right of first refusal and/or option granted under Developer’s Partnership Agreement.

In addition, City shall not withhold its consent to the sale, transfer or other disposition of the Development, in whole or in part, provided that: (a) the Development is and shall continue to be operated in compliance with this Agreement; (b) the transferee expressly assumes all obligations of Developer imposed by this Agreement; (c) the transferee executes all documents reasonably requested by the City with respect to the assumption of the Developer’s obligations under this Agreement, and upon City’s request, delivers to the City an opinion of its counsel to the effect that such document and this Agreement are valid, binding and enforceable obligations of such transferee; and (d) either (A) the transferee has at least three (3) years’ experience in the ownership, operation and management of multifamily rental housing projects of similar size to that of the Development, without any record of material violations of nondiscrimination provisions or other state or federal laws or regulations applicable to such projects, 42 of 387
Cotati Affordable Housing Regulatory Agreement Page 16 of 28 or (B) the transferee agrees to retain a property management firm with the experience and record described in Section 6.4.

Unless waived by City, Owner shall reimburse City for all City costs, including but not limited to reasonable attorneys’ fees, incurred in reviewing instruments and other legal documents proposed to affect a Transfer under this Agreement and in reviewing the qualifications and financial resources of a proposed successor, assignee, or transferee within ten (10) days following City’s delivery of an invoice detailing such costs.

8.3 Encumbrances; Subordination. City agrees that the City will not withhold consent to reasonable requests to subordinate this Agreement to a third-party lender providing loan proceeds for the acquisition, development, construction, rehabilitation and/or operation of the Development; provided, that Developer agrees to use best efforts to ensure that any subordination agreement recorded against the Property, the Development or part thereof for the benefit of a lender other than City (“Third-Party Lender”) shall contain each of the following provisions: (i) Third-Party Lender shall use its best efforts to provide to City a copy of any notice of default issued to Developer concurrently with provision of such notice to Developer; (ii) City shall have the reasonable right, but not the obligation, to cure any default by Developer within the same period of time provided to Developer for such cure. Developer agrees to provide to City a copy of any notice of default Developer receives from any Third-Party Lender within three (3) business days following Developer’s receipt thereof.

8.4 Mortgagee Protection. No violation of any provision contained herein shall defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value upon all or any portion of the Development or the Property. The purchaser at any trustee’s sale or foreclosure sale shall not be liable for any violation of any provision hereof occurring prior to the acquisition of title by such purchaser. Promptly upon determining that a violation of this Agreement has occurred, City shall give written notice to the holders of record of any mortgages or deeds of trust encumbering the Development or the Property that such violation has occurred.

9. Default and Remedies.

9.1 Events of Default. The occurrence of any one or more of the following events shall constitute an event of default hereunder (“Event of Default”):
(a) The occurrence of a Transfer in violation of Section 8 hereof; (b) Developer’s failure to maintain insurance on the Property and the Development as required hereunder, and the failure of Developer to cure such default within ten (10) business days of written notice from City; (c) Subject to Developer’s right to contest the following charges, Developer’s failure to pay taxes or assessments due on the Property or the 43 of 387
Cotati Affordable Housing Regulatory Agreement Page 17 of 28 Development or failure to pay any other charge that may result in a lien on the Property or the Development, and Developer’s failure to cure such default within thirty (30) days of delinquency;
(d) A default has been declared under any loan secured by a mortgage, deed of trust or other security instrument recorded against the Property and remains uncured beyond any applicable cure period such that the holder of such security instrument has the right to accelerate repayment of such loan; (e) Developer’s default in the performance of any term, provision or covenant under this Agreement (other than an obligation enumerated in this Subsection 9.1), and unless such provision specifies a shorter cure period for such default, the continuation of such default for ten (10) days in the event of a monetary default or thirty (30) days in the event of a nonmonetary default following the date upon which City shall have given written notice of the default to Developer, or if the nature of any such non-monetary default is such that it cannot be cured within thirty (30) days, Developer’s failure to commence to cure the default within thirty (30) days and thereafter prosecute the curing of such default with due diligence and in good faith, but in no event longer than ninety (90) days from receipt of the notice of default or such longer period of time as City may allow.

The limited partners, investors, general partners and other lenders of Developer shall have the right to cure any default of Developer hereunder upon the same terms and conditions afforded to Developer. Provided that City has been given written notice of the address for delivery of notices to the limited partners, City shall provide any notice of default hereunder to the limited partners investors, general partners and other lenders concurrently with the provision of such notice to Developer, and as to the limited partners, et al, the cure periods specified herein shall commence upon the date of delivery of such notice in accordance with Subsection 11.3.

9.2 Remedies. Upon the occurrence of an Event of Default and its continuation beyond any applicable cure period, City may proceed with any of the following remedies:

A. Bring an action for equitable relief seeking the specific performance of the terms and conditions of this Agreement, and/or enjoining, abating, or preventing any violation of such terms and conditions, and/or seeking declaratory relief;
B. For violations of obligations with respect to rents for Restricted Units, impose as liquidated damages a charge in an amount equal to the actual amount collected in excess of the Affordable Rent;
C. If, in connection with an Event of Default under Subsection 9.1(d), a lienholder of any loan secured by a mortgage, deed of trust or other security 44 of 387
Cotati Affordable Housing Regulatory Agreement Page 18 of 28 instrument recorded against the Property exercises its right to foreclose on the Property, then the proceeds of any sale of the Property in connection with such foreclosure shall be used to pay all indebtedness, claims and liabilities due under this Agreement. The City’s rights under this paragraph shall be fully subordinated to the prior payment in full of any senior secured obligations to which this Agreement has been subordinated pursuant to Section 8.3;
D. Pursue any other remedy allowed at law or in equity.

Each of the remedies provided herein is cumulative and not exclusive. The City may exercise from time to time any rights and remedies available to it under applicable law or in equity, in addition to, and not in lieu of, any rights and remedies expressly provided in this Agreement.

10. Indemnity. Notwithstanding any other provision in the Agreement, Developer shall indemnify, defend (with counsel approved by City) and hold City and their respective elected and appointed officers, officials, employees, agents, and representatives (collectively, the “Indemnitees”) harmless from and against all liability, loss, cost, expense (including without limitation attorneys’ fees and costs of litigation), claim, demand, action, suit, judicial or administrative proceeding, penalty, deficiency, fine, order, and damage (all of the foregoing collectively “Claims”) arising directly or indirectly, in whole or in part, as a result of or in connection with Developer’s construction, management, or operation of the Property and the Development or any failure to perform any obligation as and when required by this Agreement. Developer’s indemnification obligations under this Section 10 shall not extend to Claims resulting solely from the gross negligence or willful misconduct of Indemnitees. It is further agreed that City does not and shall not waive any rights against Developer that it may have by reason of this indemnity and hold harmless agreement because of the acceptance by City, or the deposit with City by Developer, of any of the insurance policies’ proceeds described in this Agreement.

The provisions of this Section 10 shall survive the expiration or earlier termination of this Agreement.

11. Miscellaneous.

11.1 Amendments. This Agreement may be amended or modified only by a written instrument signed by both Parties.

11.2 No Waiver. Any waiver by City of any term or provision of this Agreement must be in writing. No waiver shall be implied from any delay or failure by City to take action on any breach or default hereunder or to pursue any remedy allowed under this Agreement or applicable law. No failure or delay by City at any time to require strict performance by Developer of any provision of this Agreement or to exercise any election contained herein or any right, power or remedy hereunder shall be construed as a waiver of any other provision or any succeeding breach of 45 of 387
Cotati Affordable Housing Regulatory Agreement Page 19 of 28 the same or any other provision hereof or a relinquishment for the future of such election.

11.3 Notices. Except as otherwise specified herein, all notices to be sent pursuant to this Agreement shall be made in writing and sent to the Parties at their respective addresses specified below or to such other address as a Party may designate by written notice delivered to the other parties in accordance with this Section. All such notices shall be sent by:
(i) personal delivery, in which case notice is effective upon delivery; (ii) certified or registered mail, return receipt requested, in which case notice shall be deemed delivered upon receipt if delivery is confirmed by a return receipt;
(iii) nationally recognized overnight courier, with charges prepaid or charged to the sender’s account, in which case notice is effective on delivery if delivery is confirmed by the delivery service;
City: City of Cotati
Attn: City Manager
201 West Sierra Avenue
Cotati, CA 94931-4217
Developer: Pink Viking ORH, LLC
Attn: Brian Flahavan
400 College Ave.

Santa Rosa, CA 95401

11.4 Further Assurances. The Parties shall execute, acknowledge, and deliver to the other such other documents and instruments, and take such other actions, as either shall reasonably request as may be necessary to carry out the intent of this Agreement.

11.5 Parties Not Co-Venturers. Nothing in this Agreement is intended to or shall establish the Parties as partners, co-venturers, or principal and agent with one another.

11.6 Action by the City. City Manager Authority. Except as may be otherwise specifically provided herein, whenever any approval, notice, direction, consent, or request by the City is required or permitted under this Agreement, such action shall be in writing, and such action may be given, made or taken by the City’s City Manager or by any person who shall have been designated by the City Manager, without further approval by the City Council. City hereby authorizes the City Manager or designee to take such other actions and negotiate and execute any additional agreements, including, without limitation, implementing agreements 46 of 387
Cotati Affordable Housing Regulatory Agreement Page 20 of 28 hereof and amendments hereto, as may be necessary or proper to satisfy the purpose and intent of this Agreement. Notwithstanding the foregoing, the City Manager shall maintain the right to submit to the City Council for consideration and action any action or additional agreement under the City Manager’s authority if the City Manager desires to do so.

11.7 Non-Liability of City Officials, Officers, Directors, Employees and Agents.

No member, official, employee or agent of the City shall be personally liable to Developer or any successor in interest, in the event of any default or breach by the City, or for any amount of money which may become due to Developer or its successor or for any obligation of City under this Agreement. No director, officer, employee, or agent of the Developer shall be personally liable to the City or any successor in interest, in the event of any default or breach by the Developer, or for any amount of money which may become due to the City or its successor or for any obligation of the Developer under this Agreement.

11.8 Headings; Construction. The headings of the sections and paragraphs of this Agreement are for convenience only and shall not be used to interpret this Agreement. The language of this Agreement shall be construed as a whole according to its fair meaning and not strictly for or against any Party.

11.9 Time is of the Essence. Time is of the essence in the performance of this Agreement.

11.10 Governing Law and Venue. This Agreement shall be construed in accordance with the laws of the State of California without regard to principles of conflicts of law. Any legal action filed shall be venued in the County of Sonoma.

11.11 Attorneys’ Fees and Costs. If any legal or administrative action is brought to interpret or enforce the terms of this Agreement, the prevailing party shall be entitled to recover all reasonable attorneys’ fees and costs incurred in such action.

11.12 Severability. If any provision of this Agreement is held invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired thereby.

11.13 Entire Agreement. This Agreement contains the entire agreement of Parties with respect to the subject matter hereof and supersedes all prior oral or written agreements between the Parties with respect thereto.

11.14 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

SIGNATURES ON FOLLOWING PAGES.
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Cotati Affordable Housing Regulatory Agreement Page 21 of 28 IN WITNESS WHEREOF, the Parties have executed this Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants as of the date first written above.

CITY
City of Cotati, a municipal corporation
By: _______________________
Damien O’Bid, City Manager
Attest:_______________________
City Clerk
Approved as to form:
__________________
City Attorney

DEVELOPER
Pink Viking ORH, a Limited Liability Company
By: __________________________
Brian Flahavan
SIGNATURES MUST BE NOTARIZED.
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Cotati Affordable Housing Regulatory Agreement Page 22 of 28 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.

STATE OF CALIFORNIA )
)

COUNTY OF SONOMA )
On , 20__, 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)
49 of 387
Cotati Affordable Housing Regulatory Agreement Page 23 of 28 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.

STATE OF CALIFORNIA )
)

COUNTY OF SONOMA )
On , 20__, 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)
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Cotati Affordable Housing Regulatory Agreement Page 24 of 28 Exhibit A

PROPERTY
Legal Description
Real property in the City of Cotati, County of Sonoma, State of California, described as follows:

LOT C-45, IN SUBDIVISION NO. 3 OF THE COTATI RANCHO, AS DESIGNATED ON

THE PLAT OF SAID SUBDIVISION, FILED IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SONOMA ON JULY 14, 1893.

BEING THE SAME PREMISES AS WERE CONVEYED BY THE COTATI COMPANY, A CORPORATION, TO JOHN COSTELLO BY DEED DATED JANUARY 5, 1903, AND RECORDED JANUARY 6, 1903, IN BOOK 203 OF DEEDS, PAGE 463, SONOMA COUNTY RECORDS.

EXCEPTING THEREFROM A 0.12 ACRE PORTION DEEDED BY E. C. FREESE, ET

UX, TO STATE OF CALIFORNIA FOR HIGHWAY PURPOSES, BY DEED DATED OCTOBER 17, 1930, RECORDED IN BOOK 279 OF OFFICIAL RECORDS, AT PAGE 449.

APN: 046-223-018
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Cotati Affordable Housing Regulatory Agreement Page 25 of 28 Exhibit B
Insurance Requirements
Throughout the term of this Agreement, Developer shall obtain and maintain, at Developer’s expense, the following policies of insurance.

A. Property Insurance. Insurance for the risks of direct physical loss, with minimum coverage being the perils insured under the standard Causes of Loss - Special form (ISO Form CP 10 30) or its equivalent, covering all improvements, all fixtures, equipment and personal property, located on or in, or constituting a part of, the Property (“Improvements”), in an amount equal to one hundred percent (100%) of the full replacement cost of all such property naming the City as a Loss Payee, as its interests may appear.

1. The insurance required hereunder shall be in amounts sufficient to prevent Developer from becoming a co-insurer under the terms of the applicable policies, with not more than a Ten Thousand Dollar ($10,000) deductible (or such higher deductible approved by the City, which approval
shall not be unreasonably withheld) from the loss payable for any casualty.

B. Liability Insurance. Comprehensive general liability insurance on an “occurrence basis” covering all claims with respect to injury or damage to persons or property occurring on, in or about the Property and the Improvements. The limits of liability under this Paragraph B shall be not less than Two Million Dollars
($2,000,000) combined single limit per occurrence, with a deductible no greater than Ten Thousand Dollars ($10,000) or such higher deductible as may be approved by City, which approval shall not be unreasonably withheld.

1. The insurance shall also include coverage for:
(a) Liability for bodily injury or property damage arising out of the use, by or on behalf of Developer, of any
owned, non-owned, leased or hired automotive
equipment in the conduct of any and all operations
conducted in connection with the Project or the
Property;
(b) Premises and operations including, without
limitation, bodily injury, personal injury, death or
property damage occurring upon, in or about the
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Cotati Affordable Housing Regulatory Agreement Page 26 of 28 Property or the Improvements on any elevators or
any escalators therein and on, in or about the
adjoining sidewalks, streets and passageways;
(c) Broad form property damage liability;
(d) Additional insured and primary insured
endorsements protecting the City and its respective
elected and appointed officials, officers, employees
and agents;
(e) Personal injury endorsement.

C. Worker’s Compensation Insurance. Worker’s compensation insurance, in the amount required under then applicable state law, covering Developer’s employees, if any, at work in or upon the Property or engaged in services or operations in connection with the Project or the Property. Developer shall require that any contract entered into by Developer with regard to work to be undertaken on the Property include a contractual undertaking by the contractor to provide worker’s compensation insurance for its employees in compliance with applicable state law.

D. Course of Construction Insurance. Course of construction insurance in the same amount as required in Paragraph A above for property insurance, covering all construction activities on the Property.

E. General Insurance Provisions.

1. All policies of insurance provided for in this Exhibit B shall be provided under valid and enforceable policies, in such forms and amounts as hereinbefore specified, issued by
insurers licensed to do business in the State of California and having a rating of A-VII or better in Best Insurance Guide. Developer shall deliver to City certificates
evidencing the insurance required to be carried by
Developer under this Exhibit B. If requested by City,
Developer shall deliver within ten (10) days following such request, certified, complete copies of the insurance
policies required hereunder. Insurance policies to be
provided hereunder shall meet the following requirements:

2. Each policy of insurance obtained pursuant to this
Agreement, other than worker’s compensation insurance,
shall contain endorsements which provide:
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Cotati Affordable Housing Regulatory Agreement Page 27 of 28 (a) A waiver by the insurer of the right of subrogation against City or Developer for negligence of any
such person,
(b) A statement that the insurance shall not be
invalidated should any insured waive in writing prior
to the loss any or all right of recovery against any
party for loss accruing to the property described in
the insurance policy, and
(c) A provision that no act or omission of Developer
which would otherwise result in forfeiture or
reduction of the insurance therein provided shall
affect or limit the obligation of the insurance
company to pay the amount of any loss sustained.
(d) By endorsement, City, and its elected and
appointed officials, officers, employees and agents
shall be named as additional insured under the
liability insurance required to be maintained by
Developer hereunder. City shall be named as loss
payee on the property insurance policies required
to be maintained hereunder.

3. Each policy required hereunder shall include a Notice of Cancellation or Change in Coverage Endorsement which
shall provide that such policy shall not be cancelled or materially changed without at least thirty (30) days’ prior written notice by registered or certified mail to City.

4. All insurance policies shall provide that there shall be no exclusion from coverage for cross liability among the listed insureds.

5. Any certificate of insurance applicable to course of construction insurance to be maintained shall be
deposited with City prior to commencement of construction of any Improvements.

6. Each policy shall contain an endorsement that provides that the insurance applies separately to each insured that is seeking coverage or against whom a claim is made,
except with respect to the limits of liability.

7. Each policy shall be written as a primary policy not contributing with and not in excess of coverage that City may carry.
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Cotati Affordable Housing Regulatory Agreement Page 28 of 28 F. Blanket Policies. Any insurance provided for in this Exhibit B may be placed by a policy or policies of blanket insurance; provided, however, that such policy or policies provide that the amount of the total insurance allocated to the Property and the Project shall be such as to furnish protection the equivalent of separate policies in the amounts herein required, and provided further that in all other respects any such policy or policies shall comply with the other provisions of this Agreement.

G. Waiver of Subrogation. To the extent permitted by law and the policies of insurance required to be maintained hereunder, and without affecting such insurance coverage, City and Developer each waive any right to recover against the other:

1. Damages for injury or death of persons,

2. Damage to property,

3. Damage to the Property or the Improvements or any part thereof, or

4. Claims arising by reason of any of the foregoing, to the extent that such damages and/or claims are covered (and only to the extent of such coverage) by insurance actually carried by either City or Developer.

This provision is intended to restrict each party (as permitted by law) to recover against insurance carriers to the extent of such coverage, and waive fully, and for the benefit of each, any rights and/or claims which might give rise to a right of subrogation in any insurance carrier.
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Cotati City Council
Agenda Staff Report
Item type: CONSENT CALENDAR (ACTION)
To: City Council
Subject: ACCEPTANCE OF THE IMPROVEMENT PLANS AND

APPROVAL OF THE FINAL MAP AND SUBDIVISION

IMPROVEMENT AGREEMENT, AND ACCEPTANCE OF THE

ASSOCIATED DEDICATION OF EASEMENTS FOR PUBLIC

PURPOSES FOR THE FLAHAVEN ESTATES SUBDIVISION
Date: August 12, 2025
Written by: Craig Scott, Director of Public Works/City Engineer Recommendation
It is recommended the City Council of the City of Cotati approve a resolution to:

1. Accept the Flahaven Estates Subdivision Improvement Plans; and

2. Approve the Subdivision Improvement Agreement; and

3. Approve the Final Map for the Flahaven Estates Subdivision and the easement dedications and right-of-way abandonment depicted on the Final Map; and

4. Authorize the City Manager to sign and record, or cause to be recorded, the aforementioned Subdivision Improvement Agreement and Final Map, and to take any such other and further action as may be necessary to carry out the intent of the attached Resolution.

Background
On January 23, 2024, the City Council approved entitlements to allow construction of a 35-lot single family subdivision at 8841 Old Redwood Highway, subject to applicable Conditions of Approval, and found the project consistent with the Cotati General Plan Environmental Impact Report.

Subsequent to the City’s approval of the project, and the Developer submitted the Improvement Plans (“Plans”), draft Final Map, and related subdivision documents for review by the City and the Rancho Adobe Fire District. The City Engineer, Community Development Director, Police Chief, and the Fire District Chief have reviewed the Improvement Plans and have determined them to be in conformance with the entitled Project. The Final Map contains the mapping and notation information for the property owner to dedicate land for public purposes consisting of 56 of 387
public roadways and sidewalk.

Following City Council action on the Subdivision Improvement Agreement and Final Map, the development can be constructed with administrative approvals for construction permits and payment of fees.

Analysis/Discussion
Following the entitlement approval by the City Council, the “Entitlement” phase of the project ended and the “Improvement” phase began. The first step of the Improvement phase was initiated with the submittal by the Developer of the Improvement Plans and Final Map applications. Improvement Plans (“Plans”) were submitted, reviewed and approved by the City Engineer, Community Development Director, Police Chief and the Fire Chief. The Plans were checked for conformance with the entitled Project approved by Council, and with City engineering standards and Fire District requirements. The Plans are at a construction level of detail for site grading and public improvements and are available for viewing at the City Clerk’s office.

Before the Developer can proceed with pulling building permits, the approved Final Map needs to be recorded to show the creation of the parcels, dedication of land for streets, sidewalks, and utilities. Because the improvements are not constructed, a Subdivision Improvement Agreement (SIA) is required along with a security bond, to assure the public improvements shown on the Improvement Plans will be constructed. The Developer and the City have negotiated the Subdivision Improvement Agreement which has been signed by the Developer (property owner) and for which the City has received bonding for an amount equal to 100% of the estimated construction cost of the public improvements ($5,337,297). The agreement includes a deadline of two years from the effective date of the agreement to complete the public improvements. The public improvements included in the SIA consist of the following:

1. Site preparation and grading,

2. Street improvements including street pavement, curb and gutter, sidewalk, driveways, monuments, street lights, striping and signs,

3. Storm drainage including conventional storm drain features (inlets, pipelines, sidewalk drains), and Low Impact Development features (bio-retention beds and interceptor trees),

4. Sanitary sewer improvements both on-site and extending the existing sewers in Old redwood Highway, and service laterals,

5. Water improvements consisting of on-site pipelines, valves, fire hydrants, service lines, and irrigation services to common parcels,

6. Landscaping including soil preparation, plantings for street frontages, and

7. All dry utilities (gas, electric, and communications).

An itemized engineer’s cost estimate for these improvements is included in the SIA.

Once the SIA has been executed, the Final Map is to be recorded, which creates the subdivision.

The Final Map has been reviewed by City staff and its consultants, including consultants with Land Surveying professional licenses, and is recommended for City Council approval. The Final 57 of 387
Map contains the mapping and notations for the property owner to dedicate land for public purposes consisting of public roadways and sidewalks as follows:

1. Dedication in fee for public purposes Schollmann Way and Larsen Lane, including sidewalk easements, and

2. Dedication as easements for public purposes the Public Utility Easements for public utility purposes including (“existing and future”) electric, gas, communication facilities and all other public utility purposes, together with any and all appurtenances including the ability from time to time to trim and cut down and clear away or otherwise control any trees or brush.

The Project has an inclusionary housing requirement with the presentation of an inclusionary housing agreement to the City Council for consideration as a separate item.

A Declaration of Covenants, Conditions and Restrictions is to be recorded and run with all 35 lots of the subdivision. The CC&Rs are to impose rules on the properties and charges. A Flahaven Estates Community Association shall be formed to manage the development including charging assessments and liens. All property owners shall be proportionally responsible for the “Association Maintenance Area,” consisting of the street landscaped area, sound barrier wall adjacent to Old Redwood Highway, bioretention facilities, and areas to be maintained by the Association in accordance with the Fire Safe Plan.

A Shared Driveway Agreement has been prepared and is to be recorded along with the Final Map between the two property owners sharing the driveway. The agreement provides driveway access to both parties and obligates them to share the maintenance costs of the driveway. There are five shared driveways, and an agreement is to be recorded for each one.

Regarding storm water low impact development (LID) requirements, the calculations and design submitted as part of the entitlement phase were finalized and resubmitted to the City. The City Engineer and City consultant have reviewed and approved the submitted calculations and design which are shown on the Improvement Plans. Additionally, the Developer has submitted to the City the Declaration of Covenants Regarding Maintenance of Storm Water Best Management Practice Facilities to ensure the LID features are maintained for their continued effectiveness in slowing, treating and sinking storm water.

Financial Considerations
The processing of the development application documents including the Subdivision Improvement Agreement, Final Map, and related documents is paid for by the Developer through a cost recovery account. The subsequent City inspections of the public improvement construction is managed similarly with a deposit account to pay the City’s expenses, including consultants.

No later than prior to occupancy, the City will collect any remaining fees to fund the impact of future development on infrastructure including the water and sewer connection fee, traffic impact fee, and the Park In-Lieu fee. A complete list of fees charged to developments, and what they are used for, can be found on the City’s website www.cotaticity.gov. 58 of 387
Once occupied, the residential subdivision will increase the demand on City services including police, road maintenance, storm water, and parks. These costs are offset by property taxes, increased sales taxes and the collection of taxes from the Community Facilities District which these residents will be within.

Environmental Issues
An environmental impact analysis was prepared by the City of Cotati, as the lead agency in full accordance with the procedural and substantive requirements of the California Environmental Quality Act (CEQA) and the CEQA Guidelines. The CEQA analysis relies upon the program level analysis prepared for the 2013 City of Cotati General Plan and its Environmental Impact Report (EIR) (SCH No. 2013082037), which was certified in 2015. The CEQA analysis conforms to CEQA Guidelines Section 15183, which provides a streamlined review of the environmental impacts of the project by tiering from the program level analysis prepared for the Cotati General Plan and its certified EIR. Section 15183 of the CEQA Guidelines mandates that projects which are determined to be consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was certified shall not require additional environmental review, except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site. This focuses the analysis to potential environmental impacts of the project relative to the impacts analyzed in the Cotati General Plan’s program level EIR. The November 2023 CEQA Analysis, describes the project and its environmental setting, including the project site’s existing conditions and applicable regulatory requirements, and provides an assessment of the project’s consistency with the City of Cotati General Plan. All adopted mitigating General Plan policies and mitigation measures identified in the 2013 General Plan EIR that apply to the project are identified in the analysis and imposed as environmental conditions of approval, and there are no project-specific significant effects which are peculiar to the project or its site. The Project is consistent with the General Plan and its certified EIR and qualifies for a General Plan Exemption pursuant to CEQA Guidelines Section 15183 and no further environmental review is required. 59 of 387
RESOLUTION NO.

RESOLUTION OF THE CITY OF COTATI CITY COUNCIL ACCEPTING THE

IMPROVEMENT PLANS, APPROVING THE SUBDIVISION IMPROVEMENT

AGREEMENT AND FINAL MAP AND ACCEPTING THE ASSOCIATED

DEDICATION OF EASEMENTS FOR PUBLIC PURPOSES FOR THE KESSING

RANCH SUBDIVISION
WHEREAS, On January 23, 2024, the City Council approved entitlements to allow construction of a 35-lot single family subdivision at 8841 Old Redwood Highway, subject to applicable Conditions of Approval, and found the project consistent with the Cotati General Plan Environmental Impact Report; and
WHEREAS, the Developer submitted the Improvement Plans (“Plans”), draft Final Map, and related subdivision documents for City review; and
WHEREAS, the City Engineer, Community Development Director, and Police Chief, and the Fire District Chief have reviewed the Improvement Plans and have determined them to be in conformance with the entitled Project, and approved the Plans attached hereto; and WHEREAS, the draft Final Map contains the mapping and notation information for the property owner to dedicate land for public purposes consisting of public roadways and sidewalks as follows:

1. Dedication in fee for public purposes Schollmann Way and Larsen Lane, including sidewalk easements, and

2. Dedication as easements for public purposes the Public Utility Easements for public utility purposes including (“existing and future”) electric, gas, communication facilities and all other public utility purposes, together with any and all appurtenances including the ability from time to time to trim and cut down and clear away or otherwise control any trees or brush; and WHEREAS, the City Engineer has reviewed the draft Final Map and finds it to be in conformance with the entitled Project and recommends the draft Final Map for approval by the City Council; and
WHEREAS, Pink Viking, ORH LLC. (“Developer”) owns the real property located in the City of Cotati, California, which is comprised of the parcel with assessor’s parcel number 046-223-018 and the Title Report reflects the Developer being the owner of the property as well as being depicted the owner on the draft Final Map; and WHEREAS, for the Project to proceed with submittal of building permits, the Project requires City Council acceptance of the Improvement Plans and approval of the Final Map, and accept, subject to improvements, for dedication to public use: Schollmann Way and Larsen Lane and accept as easements for public purposes the Public Utility Easements (including the public utility facilities located or to be located on or under the Public Utility Easements), Sidewalk Easements; and
WHEREAS, a Subdivision Improvement Agreement (SIA) has been reviewed and approved by the City Engineer and the City Attorney and is attached hereto; and WHEREAS, following approval of these documents, City staff will proceed administratively processing these documents including recordation of the Subdivision Improvement Agreement and Final Map, and process the grading and building permits for the 60 of 387 Project; and
WHEREAS, the attached Subdivision Improvement Agreement, signed by the Developer, requires the Developer to construct public improvements and the City has been provided the security for the improvements in the amount of $2,618,033, which is equal to 100 percent of the construction cost of the public improvements; and WHEREAS, the public improvements consist of the following:

1. site preparation and grading,

2. street improvements including street pavement, curb and gutter, sidewalk, driveways, monuments, street lights, and striping and signs,

3. storm drainage including conventional storm drain features (inlets, pipelines, sidewalk drains), Low Impact Development features (bio-retention beds and interceptor trees),

4. sanitary sewer improvements both on-site and extending the existing sewer in Old Redwood Highway, and service laterals,

5. water improvements consisting of on-site pipelines, valves, fire hydrants, service lines, and irrigation services to common parcels,

6. landscaping including soil preparation, inter, plantings for street frontages, and

7. all dry utilities (gas, electric, and communications); and WHEREAS, the Project has an inclusionary housing requirement wsith the presentation of an inclusionary housing agreement to the City Council for consideration as a separate item; and
WHEREAS, as required by Condition of Approval 2, the subject property has been annexed into the City’s Community Financing District (CFD) and upon issuance of residential lot building permits, the residential lot will be flagged for having the CFD assessment placed for the lot on the upcoming fiscal year’s County tax roll and every following year thereafter; and WHEREAS, the City Engineer has reviewed and approved for City acceptance the Declaration of Conditions, Covenants and Restrictions of Flahaven Estates; and WHEREAS, the Developer has submitted to the City and is attached herewith for reference, the Articles of Incorporation of Flahaven Estates Homeowners Association; and WHEREAS, the Developer has submitted to the City and is attached herewith for reference, the Declaration of Covenants Regarding Maintenance of Storm Water Best Management Practice Facilities; and
WHEREAS, the developer has submitted to the City and is attached herewith for reference, the Shared Driveway Agreement for each of the shared driveways in the Development; and
WHEREAS, an environmental impact analysis was prepared by the City of Cotati, as the lead agency in full accordance with the procedural and substantive requirements of the California Environmental Quality Act (CEQA) and the CEQA Guidelines; and WHEREAS, the CEQA analysis relies upon the program level analysis prepared for the 2013 City of Cotati General Plan and its Environmental Impact Report (EIR) (SCH No. 2013082037), which was certified in 2015, and the CEQA analysis conforms to CEQA Guidelines Section 15183, which provides a streamlined review of the environmental impacts of the project by tiering from the program level analysis prepared for the Cotati General Plan and its 61 of 387 certified EIR; and
WHEREAS, Section 15183 of the CEQA Guidelines mandates that projects which are determined to be consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was certified shall not require additional environmental review, except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site, and this focuses the analysis to potential environmental impacts of the project relative to the impacts analyzed in the Cotati General Plan’s program level EIR; and
WHEREAS, the November 2023 CEQA Analysis, describes the project and its environmental setting, including the project site’s existing conditions and applicable regulatory requirements, and provides an assessment of the project’s consistency with the City of Cotati General Plan, and all adopted mitigating General Plan policies and mitigation measures identified in the 2013 General Plan EIR that apply to the project are identified in the analysis and imposed as environmental conditions of approval, and there are no project-specific significant effects which are peculiar to the project or its site; and WHEREAS, the Project is consistent with the General Plan and its certified EIR and qualifies for a General Plan Exemption pursuant to CEQA Guidelines Section 15183 and no further environmental review is required.

NOW THEREFORE BE IT RESOLVED THAT the City of Cotati City Council hereby:

1. Finds the above recitals to be true and correct; and

2. Accepts the attached Improvement Plans; and

3. Accepts, subject to improvements, for dedication to public use: Schollmann Way and Larsen Lane; and

4. Accepts as easements for public purposes the Public Utility Easements (including the public utility facilities located or to be located on or under the Public Utility Easements), Sidewalk Easements; and

5. Approves the Subdivision Improvement Agreement substantially in the form attached; and

6. Approves the Final Map substantially in the form attached; and

7. Authorizes the City Manager to sign and record, or cause to be recorded, the aforementioned Subdivision Improvement Agreement and Final Map, and to execute and record, or cause to be recorded, Certificates of Acceptance for the aforementioned Agreements, and to take such other and further action as may be necessary to carry out the intent of this Resolution.

IT IS HEREBY CERTIFIED that the foregoing resolution was duly adopted at a regular meeting of the City Council of the City of Cotati held on August 12, 2025, by the following vote, to wit: 62 of 387
Approved:________________________________
Mayor
Attest:____________________________
Kevin Patterson, City Clerk
Approved as to form:
____________________________
City Attorney
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RECORDING REQUESTED BY:

WHEN RECORDED RETURN TO:

File No. UP/MJS 03-49 SPACE ABOVE THIS LINE FOR RECORDER'S USE

SUBDIVISION IMPROVEMENT
AGREEMENT FOR 8841 Old Redwood Highway
THIS SUBDIVISION IMPROVEMENT AGREEMENT (“Agreement”), by and between the City of Cotati, a municipal corporation of the State of California, (hereinafter designated as CITY), and Pink Viking ORD, LLC (hereinafter designated as SUBDIVIDER).

WHEREAS, CITY, by City Council Resolution No. 2024-4 , dated January 23, 2024, has approved SUBDIVIDER's vesting tentative map of the above named Major Subdivision, subject to certain conditions; and WHEREAS, Subdivider, pursuant to the State of California Subdivision Map Act and all applicable ordinances of City, has presented to City improvement plans outlining thereon the improvements to be constructed by Subdivider within the abovementioned Subdivision; and WHEREAS, for the purpose of complying with the CITY’s Subdivision Ordinance, as amended, the Subdivision Map Act, and for the purpose of causing the final map of the above named subdivision to be approved and the major subdivision to be finalized, this Agreement is entered into pursuant to the requirements of said Ordinance and the Subdivision Map Act.

NOW THEREFORE, CITY and SUBDIVIDER agree as follows:

PART I: BASIS FOR WORK
SUBDIVIDER's Public Works Improvements are more fully set forth in the Public Works Subdivision Improvement Plans approved by and on file with the City Engineer’s office. The department identified in Exhibit A for each such part shall be the "responsible department" for ratification, plan approval, revisions and inspections, etc. All questions as to the responsible department shall be referred to the City Engineer for determination.

PART II: RESPONSIBILITIES
SUBDIVIDER has the responsibility of providing for the design and construction of certain specified Public Works Improvements for the subject subdivision and has submitted certain plans entitled “Flahavan Estates Subdivision Improvement Plans” and dated ______________2025 (“Public Works Improvement Plans”) for the construction of Public Works Improvements, which plans shall be approved by and be on file in the City Engineer’s office and are incorporated herein and made a part hereof, (hereinafter termed "Public Works Improvements"). These plans have been reviewed and approved as meeting CITY approved standards. However, CITY has not made an independent investigation of the job site, soils conditions, and all other conditions that might affect the design and construction of the Public Works Improvements. It is the responsibility of SUBDIVIDER to design and construct the Public Works Improvements in such a manner as to ensure compliance with this agreement, applicable federal, state and local laws and standards, and accomplishment of the Public Works Improvement’s purposes. In the event that job conditions require changes in the 64 of 387
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approved Public Works Improvement plans, a request for such deviation must be submitted in writing by SUBDIVIDER's engineer for approval by the responsible department; no deviation will be allowed without such approval.

PART III: TIME
SUBDIVIDER shall, in accordance with the Public Works Improvement plans, complete or cause to be completed the Public Works Improvements to the satisfaction of City Engineer within two years of the Effective Date of this Agreement.

The dates for commencement and completion of the work of construction may be extended as herein provided. The City Engineer shall extend said dates for delays in said work actually caused by riots, strikes, lockouts, fires, earthquakes, flood and conditions resulting therefrom. Extension of said dates for any other cause shall be made only by the City Council.

The City Engineer and City Council shall be the sole and final judge as to whether good cause has been shown to entitle SUBDIVIDER to an extension. Any extension granted pursuant to this paragraph shall not obligate City in any manner to grant other requests for extension.

Any request for extension of any commencement and completion date shall be in writing, shall fully state the facts and grounds relied upon for said extension, and shall be delivered to CITY in the manner hereinafter specified for services of notices. Extensions shall be granted in writing and any purported oral extension or purported oral agreement to make an extension shall not be valid for any purpose whatsoever.

In the event it is deemed necessary by the CITY to extend the time of commencement or completion of the work to be done under this Agreement beyond the dates specified herein, such extension shall in no way release any guarantee given by SUBDIVIDER pursuant to this Agreement, or relieve or release those providing Public Works Improvement security pursuant to this Agreement. The sureties in executing the bonds and/or other providers of security shall be deemed to stipulate and agree that no change, extension of time, alteration or addition to the term of the Agreement or to the work to be performed thereunder or the specifications accompanying the same including, but not limited to, the Public Works Improvement plan shall in any way affect its obligations on the bond or other instrument, and to waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications.

The granting of any extension may be conditioned upon SUBDIVIDER providing CITY with increased Inspection Fees and new or amended surety bonds or other security in amounts increased to reflect increases in the cost of constructing the required Public Works Improvements that have occurred prior to the granting of the extension, and the cost of additional inspection services.

PART IV: NOTICE, INSPECTION AND STANDARDS
SUBDIVIDER shall notify the responsible department at least one working day in advance of:

1. The date work is commenced;

2. Work stoppage of more than one day;

3. The accomplishment of work on a Saturday, Sunday, or legal holiday;

4. Completion of the Public Works Improvements.

SUBDIVIDER shall allow CITY's duly authorized representative access to the Public Works Improvement at all times and shall furnish them with every reasonable facility for ascertaining that the methods, materials, and workmanship comply with the requirements and intent of the Public Works Improvement plans. CITY may reject defective work and require its repair, replacement, or removal by SUBDIVIDER all at no expense to CITY. All work shall meet the standards set forth in the City of Cotati Subdivision Ordinance and the standards of the City Engineer’s office and all other applicable federal, state and local laws and standards, department contrary approval notwithstanding, and otherwise shall conform to the Public Works Improvement plans.

PART V: CONSTRUCTION COST
The estimated cost of constructing the Public Works Improvements as adjusted for inflation is agreed to be $2,618,033 (“construction costs”). The construction cost estimate for these Public Works Improvements are presented in Exhibit B. In addition to the full amount of the security, there shall be included costs and reasonable expenses and fees including attorney's and expert's fees incurred in enforcing the obligation secured. Where the use of a set aside letter is acceptable to 65 of 387
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and approved by the City Engineer as security, such security must include an additional twenty percent (20%) of the estimated construction cost.

PART VI: MONUMENTATION
A copy of the Subdivision Final Map shall be on file in the City Engineer’s office and made a part hereof. SUBDIVIDER agrees that within two (2) years of the Effective Date of this Agreement, all monuments not previously set will be set within the Subdivision as shown on said map. The estimated cost of the monumenting described is agreed to be $2,850.

SUBDIVIDER hereby guarantees payment of the cost of such monumenting. SUBDIVIDER shall immediately notify CITY in writing when the monumenting has been completed and paid for in full and shall present to CITY evidence of such payment and receipt thereof by the surveyor/engineer.

PART VII: SECURITY
A. SUBDIVIDER shall, prior to the CITY's approval of Subdivision's Final Map, deliver to CITY Engineer the following security subject to acceptance by the City Engineer and in a form satisfactory to City Attorney:
(1). PERFORMANCE BOND: Either a cash deposit, a corporate surety bond issued by an admitted surety insurer, or an instrument of credit, whichever is required by the City Engineer, equivalent to one hundred per cent (100%) of the estimate set forth in PART V and sufficient to assure CITY that the Public Works Improvement work described in PART I will be satisfactorily completed.
(2). LABOR AND MATERIALS BOND: Either a cash deposit, a corporate surety bond issued by an admitted surety insurer, or an instrument of credit, whichever is required by the City’s Engineer, equivalent of one hundred per cent (100%) of the estimate set forth in PART V and sufficient to assure CITY that SUBDIVIDER's contractors, subcontractors, and other persons furnishing labor or materials shall be paid therefor. (3). MONUMENTATION BOND: Either a cash deposit or a corporate surety bond issued by an admitted surety insurer, whichever is required by City Engineer, equivalent to the amount set forth in PART VI and sufficient to satisfy the requirements of Article 9, Chapter 4, of the Subdivision Map Act.

B. MAINTENANCE BOND: SUBDIVIDER guarantees the Public Works Improvements to be free of defects in material and workmanship for a period of one (1) year following the CITY’s acceptance of Public Works Improvements. Upon acceptance of any subdivision Public Improvements by the City Council, SUBDIVIDER shall provide security in the form of a bond or other security acceptable to the City Engineer to guarantee the Public Works Improvements throughout a one year warranty period. The amount of the warranty security for accepted Public Works Improvements shall not be less than ten percent (10%) of the cost of construction of the Public Works Improvements, and shall be retained for the one-year warranty period by CITY.

C. If required by CITY, a cash deposit, corporate surety bond issued by an admitted surety insurer, or instrument of credit, whichever is required by the City Engineer, sufficient to assure CITY that the surface water drainage of the subdivision shall not interfere with the use of neighboring property, including public streets and highways.

CITY shall be the sole indemnitee named on any instrument required by this Agreement. Any instrument or deposit required by this PART VII shall conform with the provisions of Chapter 5 of the Subdivision Map Act.

PART VIII: INSPECTION FEES
Prior to the CITY's approval of SUBDIVIDER's final map, SUBDIVIDER shall pay to the responsible department all fees necessary to cover the cost of inspection of the part(s) of the Public Works Improvements which will be inspected by CITY.

PART IX: PAYMENT OF FEES (fees to be updated)
A. SUBDIVIDER shall pay the following types of fees at the times specified in subsection B in the amounts and at rates in effect at the time payment is made (unless otherwise required by law or City ordinance):
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(1) Park-in-Lieu Fee: (X) (FMV of 1 Acre) (1.20)
(2) Park-in-Lieu Fee:

X = .005(U)(P)
X = Amount of Parkland Required
U= Total number of approved dwelling units in the subdivision.

P = 3.104 for detached single-family dwellings

2.438 for attached single-family dwellings

1.664 for duplexes, and multi-family dwellings containing four or fewer dwelling units

2.107 for multi-family dwellings containing five or more units

1.738 for mobile homes
FMV = Fair Market Value
(3) Traffic Mitigation: $8,415. per dwelling unit
(4) Water Conservation: $1,750. per primary unit
$875. per 2nd dwelling unit
(5) Bed Tax Fee: $369. – 2 bedrooms
$422.– 3 bedrooms
(6)
$4730.– 4 bedrooms
Sewer Connection (based on water meter size)
(7) Water Connection (based on meter size)
(8) Standard Fees collected at time of building permit issuance.

B. SUBDIVIDER shall pay the pro-rata portion allocable to each dwelling at the time of Building Permit issuance for that unit, except the Low and Moderate Income Housing in Lieu Fee shall be collected as described under Part IX above.

PART X: DEPOSITS
A. Dust Control, Erosions Control and Planting: SUBDIVIDER shall, upon execution of this Agreement, deposit with the CITY cash in the sum of $5,000 to guarantee dust control, erosion control, and timely planting of graded areas during construction. Should SUBDIVIDER fail to provide adequate dust control, erosion control, or planting, CITY may have the work done and pay for it with said cash deposit. In the event that CITY is required to utilize said deposit for said purposes, upon twenty-one (21) days’ notice, SUBDIVIDER shall replenish the deposit so that it remains in the amount of $5,000.00 until the time that CITY us required to refund the deposit to SUBDIVIDER. Upon final acceptance of the Improvements, or upon occupancy of all Subdivision dwelling units, the cash deposit, or remaining portion thereof, will be returned to SUBDIVIDER.

B. Legal and Administrative Costs: SUBDIVIDER shall, upon execution of this Agreement, deposit with the CITY cash in the sum of $5,000, to pay for any necessary legal and administrative costs incurred by CITY to enforce the provisions of this Agreement. Should the SUBDIVIDER not comply with the provisions of this Agreement, CITY shall commence legal and administrative efforts to seek compliance, with the costs of said efforts to be expended from this deposit.

Notwithstanding the forgoing provisions of this section, in any action or proceeding governed by Part XXVII, below, CITY shall not be limited to recovering the amount of said deposit as and for the CITY’s attorneys’ fees, and the provisions of PART XIX herein shall remain in full force and effect, notwithstanding the provisions of this section. The provisions of PART XIX herein shall remain in full force and effect, notwithstanding the provision of this Section. 67 of 387
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C. Inspection of Improvements: SUBDIVIDER shall, upon execution of this Agreement, make an initial deposit with the City cash in the sum of $30,000, to pay for City inspection of the Improvements listed in Exhibit A. In addition to the Public Improvements, the Engineering Department shall inspect the following on the private lots: utility connection from the public ROW to connection to the building, lot landscaping, retaining walls and fences, and lot drainage features.

SUBDIVIDER has signed the attached (Exhibit C) Engineering Department’s Uniform Application Fee Addendum and Indemnification Agreement. In addition to the initial deposit, the SUBDIVIDER may be required to make further deposits for anticipated work.

PART XI: NOTICE OF COMPLETION / RELEASE OF SECURITIES
Upon completion of the Public Works Improvements, CITY shall comply with Section 3093 of the Civil Code and shall forthwith record the Notice of Completion required by said section.

CITY shall not be required to release any security relating to satisfactory completion of the Public Works Improvements until acceptance of the Public Works Improvements by CITY in the case of Public Works Improvements to be dedicated for public use or in the case of Public Works Improvements which will not be dedicated and accepted by CITY until SUBDIVIDER has submitted certification by a registered civil engineer that the Public Works Improvement work has been constructed in accordance with the approved plans and specifications and the Public Works Improvements have passed any final inspections required by the responsible department. In addition, release of security will be predicated upon the receipt of any required maintenance and/or warranty agreements and security therefor.

Security given to secure payment to the Contractor, subcontractors, and to persons furnishing labor, materials, or equipment may, five days after passage of the time within which claims of lien are required to be recorded pursuant to Section 3114 et seq. of the Civil Code and after all the conditions set forth in the paragraph above have been met, be reduced to an amount equal to the amount of all claims therefor filed and of which notice has been given to CITY. The balance of the security shall be released upon settlement of all such claims and obligations for which the security was given.

CITY shall not be required to release any security relating to monumenting until SUBDIVIDER has presented to CITY evidence that the cost of monumenting has been paid and that the surveyor/engineer doing such work has received such payment.

PART XII: CORRECTION OF DEFECTIVE WORK
In the event that either the Public Works Improvements are not completed to the satisfaction of CITY in accordance with this Agreement or the monumenting work is not completed within the time specified by this agreement, or any duly executed extension thereof, CITY, in addition to any other remedy at law or equity, may complete such work with its own forces or by contract. In the event of such default by SUBDIVIDER and CITY's subsequent undertaking, SUBDIVIDER and any person, firm, partnership, entity, corporation, or association claiming any interest in the real property hereinabove described and each of them shall fully reimburse CITY. The amount of such obligation or reimbursement shall not be limited by the amount of the estimates hereinabove set forth or by such security as may have been provided to CITY in connection with this agreement, but rather shall be such amount as necessary to fully compensate the CITY for its effort and/or expense in completing such work.

PART XIII: DEFAULT ON CONSTRUCTION OF PUBLIC WORKS IMPROVEMENTS SUBDIVIDER acknowledges that if construction of the required Public Works Improvements is not made, CITY may, in addition to any other remedy at law or equity or in this agreement, withhold building and zoning permits until the Public Works Improvements have been satisfactorily completed. Building and zoning permits include, but are not limited to, certificates of occupancy for all lots within the subdivision. SUBDIVIDER hereby agrees to notify CITY in the event of sale or transfer of ownership of any part of this project.

PART XIV: TERMINATION
Unless specifically extended by written agreement of the parties, this Agreement shall automatically terminate upon a reversion to acreage of the entire subdivision.
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PART XV: WARRANTY AND INDEMNIFICATION
SUBDIVIDER hereby warrants that the design and construction of the Public Works Improvements will not adversely affect any portion of adjacent properties and that all work will be performed in a proper manner. To the fullest extent allowed by law, SUBDIVIDER agrees to and shall indemnify, defend, release, and save harmless CITY, and each of its elective and appointive boards, commissions, officers, agents and employees, from and against any and all loss, claims, suits, liabilities, actions, damages, or causes of action, including without limitation, attorneys’ fees and costs and fees of litigation (“Liability”), of every kind, nature and description directly or indirectly arising from an act or omission of SUBDIVIDER, its employees, agents, or independent contractors in connection with SUBDIVIDER's actions and obligations hereunder; provided, however, to the extent that this Agreement constitutes a construction contract pursuant to California Civil Code §2783, SUBDIVIDER’s duty to indemnify, defend, release and save harmless pursuant to this provision shall not apply to liability arising from the sole or active negligence or willful misconduct of the CITY.

A. CITY does not, and shall not, waive any rights provided herein against SUBDIVIDER because of the acceptance by CITY, or the deposit with CITY by SUBDIVIDER, of any of the insurance policies described in Part XVI hereof.

B. SUBDIVIDER’s duty and obligations to defend, indemnify and save harmless herein shall apply, regardless of whether or not CITY has prepared, supplied, or approved of plans and/or specifications for the subdivision, and regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.

C. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement.

D. The obligation to defend and indemnify CITY set forth herein is binding on the successors, assigns or heirs of SUBDIVIDER and shall survive the termination or completion of this Agreement to the fullest extent and duration allowed by law.

E. SUBDIVIDER agrees that the use of any and all Public Works Improvements required to be constructed pursuant to this Agreement shall be, at all times prior to final acceptance by CITY, at the sole and exclusive risk of SUBDIVIDER.

PART XVI: INSURANCE
Concurrently with the execution hereof, SUBDIVIDER shall obtain or cause to be obtained and filed with the CITY, all insurance required under this paragraph, and such insurance shall have been approved by the Risk Manager of CITY, or his/her designee, as to form, amount and carrier. Prior to the commencement of work under this Agreement, SUBDIVIDER's general contractor shall obtain or cause to be obtained and filed with the Risk Manager, all insurance required under this paragraph, and such insurance shall have been approved by the Risk Manager of CITY, as to form, amount and carrier. SUBDIVIDER shall not allow any contractor or subcontractor to commence work until all insurance required for SUBDIVIDER and SUBDIVIDER's general contractor shall have been so obtained and approved. Said insurance shall be maintained in full force and effect until the Public Works Improvements are completed and accepted by CITY. All requirements herein provided shall appear either in the body of the insurance policies or as endorsements and shall specifically bind the insurance carrier.

A. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 3) Workers' Compensation Insurance as required by the State of California and Employers' Liability Insurance.

B. Minimum Limits of Insurance. SUBDIVIDER shall maintain limits no less than:
1) General Liability: $3,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general 69 of 387
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aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2) Automobile Liability: $2,000,000 per accident for bodily injury and property damage. 3) Workers' Compensation Insurance, Statutory limits: $1,000,000 per accident for bodily injury and property damage.
4) Employers Liability: $1,000,000 per accident for bodily injury or disease.

C. No Coverage Limitations or Restrictions. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the aforementioned specified minimum insurance coverage requirements and/or limits shall be available to the Additional Insureds (defined below). Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater.

D. Deductibles and Self-Insured Retentions (“SIR”). Any deductibles or SIR must be declared to and approved by the CITY, and shall not reduce the limits of liability. At the option of the CITY, either: the insurer shall reduce or eliminate such deductibles or SIR as respects the CITY, its officers, officials, employees and volunteers; or the SUBDIVIDER shall provide a financial guarantee satisfactory to the CITY guaranteeing payment of losses and related investigations, claim administration and defense expenses. Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or the CITY. CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of the right to so exercise later.

E. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1) The CITY its officers, officials, employees and volunteers (“Additional Insureds”) are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the SUBDIVIDER; and with respect to liability arising out of work or operations performed by or on behalf of the SUBDIVIDER including materials, parts or equipment furnished in connection with such work or operations.

General liability coverage can be provided in the form of an endorsement to the SUBDIVIDER's insurance, or as a separate owner's policy.
2) The Additional Insured coverage under SUBDIVIDER's insurance coverage shall be “primary and noncontributory” and will not seek contribution from CITY’s insurance or self-insurance, and shall be at least as broad as CG 20 01 04 13.
3) SUBDIVIDER’s workers’ compensation insurance shall be endorsed to waive all rights of subrogation against the CITY, its officials, officers, employees and volunteers. 4) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the CITY.
5) The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of CITY (if agreed to in a written contract or agreement) before the CITY’s own insurance or self-insurance shall be called upon to protect it as a named insured.

F. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VI.

G. Verification of Coverage. SUBDIVIDER shall furnish the CITY with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the CITY or on other than the CITY's forms or a separate owner’s policy, provided those forms or policies are approved by the 70 of 387
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CITY and/or amended to conform to the CITY's requirements. All certificates and endorsements are to be received and approved by the CITY before work commences. CITY reserves the right to require that the SUBDIVIDER deliver to CITY, at SUBDIVIDER's expense, complete, certified copies of all insurance policies required pursuant to this Agreement, including all required endorsements.

H. Subcontractors. SUBDIVIDER shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein, including the indemnity and insurance requirements. Subcontractors hired by SUBDIVIDER agree to be bound to SUBDIVIDER and CITY in the same manner and to the same extent as SUBDIVIDER is bound to CITY under this Agreement. Subcontractors shall further agree to include these same provisions with any sub-subcontractor. A copy of these indemnity and insurance provisions will be furnished by SUBDIVIDER to a subcontractor on request. SUBDIVIDER shall require all subcontractors to provide a valid certificate of insurance and the required endorsements included in their agreement prior to commencement of any work and SUBDIVIDER shall provide proof of compliance to CITY.

I. Variations. The Risk Manager for the CITY may approve a variation in the foregoing insurance requirements, upon a determination that the coverages, scope, limits and forms of such insurance are either not commercially available or that the CITY's interests are otherwise fully protected.

PART XVII: TITLE INSURANCE
SUBDIVIDER shall procure, pay the cost of, and deliver to CITY, prior to acceptance of any dedication by CITY, a policy or policies of title insurance satisfactory to CITY and insuring CITY's title to all real property dedicated to CITY by SUBDIVIDER.

The CITY will comply with the provisions of Section 66462.5 of the Government Code (Subdivision Map Act) relevant to right-of-way acquisition.

PART XVIII: AUTHORITY TO SIGN
The individuals signing in their capacities as officers of corporations hereby warrant that they have the right, power, and authority to bind their respective corporations as anticipated by the provisions of this Agreement. Such warranty has been relied upon as a material inducement by CITY in entering into this agreement and, in the absence of such inducement, CITY would not have executed this Agreement.

PART XIX: ATTORNEY FEES AND COST RECOVERY
In the event either party brings an action or proceeding for damages arising out of the other's performance under this Agreement or to establish the right or remedy of either party, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs as a part of such action or proceeding.

PART XXI: GUARANTEE
Except as otherwise expressly provided in this Agreement, and excepting only items of routine maintenance, ordinary wear and tear and unusual abuse or neglect, SUBDIVIDER guarantees all work executed by SUBDIVIDER and/or SUBDIVIDER's agents, and all supplies, materials and devices of whatsoever nature incorporated in, or attached to the work, or otherwise delivered to CITY as a part of the work pursuant to the Agreement, to be free of all defects of workmanship and materials for a period of one year after initial acceptance of the entire work by CITY. SUBDIVIDER shall repair or replace any or all such work or material, together with all or any other work or materials which may be displaced or damaged in so doing, that may prove defective in workmanship or material within said one year guarantee period without expense or charge of any nature whatsoever to CITY. SUBDIVIDER further covenants and agrees that when defects in design, workmanship and materials actually appear during the guarantee period, and have been corrected, the guarantee period shall automatically be extended for an additional year to insure that such defects have actually been corrected.
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In the event the SUBDIVIDER shall fail to comply with the conditions of the foregoing guarantee within thirty (30) days’ time, after being notified of the defect in writing, CITY shall have the right, but shall not be obligated, to repair or obtain the repair of the defect, and SUBDIVIDER and SUBDIVIDER’s surety shall be liable to and shall pay to CITY on demand all costs and expense of such repair, including any damages and/or excess costs incurred by CITY in preparing or obtaining repair of such defects. Notwithstanding anything herein to the contrary, in the event that any defect in workmanship or material covered by the foregoing guarantee results in a condition which constitutes an immediate hazard to the public health, safety, or welfare, CITY shall have the right to immediately repair, or cause to be repaired, such defect, and SUBDIVIDER shall pay to CITY on demand all costs and expense of such repair. The foregoing statement relating to hazards to health and safety shall be deemed to include either temporary or permanent repairs which may be required as determined in the sole discretion and judgment of CITY.

If CITY, at its sole option, makes or causes to be made the necessary repairs or replacements or performs the necessary work, SUBDIVIDER shall pay, in addition to actual costs and expenses of such repair or work, an additional amount as necessary to fully compensate the CITY for its effort and/or expense incurred.

PART XXI: NO AGENCY
Neither SUBDIVIDER nor any of SUBDIVIDER's agents or contractors are or shall be considered to be agents of CITY in connection with the performance of SUBDIVIDER's obligations under this Agreement.

PART XXII: DEFAULT
If SUBDIVIDER refuses or fails to obtain prosecution of the work, or any severable part thereof, with such diligence as will insure its completion within the time specified, or any extension thereof, or fails to obtain completion of said work within such time, or if SUBDIVIDER should be adjudged as bankrupt, or should make a general assignment for the benefit of SUBDIVIDER's creditors, or if a receiver should be appointed, or if SUBDIVIDER, or any of SUBDIVIDER's contractors, subcontractors, agents or employees should violate any of the provisions of this Agreement, the CITY Engineer may serve written notice on SUBDIVIDER and SUBDIVIDER's surety or holder of other security of breach of this Agreement, or of any portion, thereof, and default of SUBDIVIDER.

PART XXIII: BREACH/COMPLETION OF WORK
In the event of any such notice of breach of this Agreement, SUBDIVIDER's surety shall have the duty to take over and complete the work and the Public Works Improvements herein specified; provided, however, that if the surety, within thirty (30) days after the serving upon it of such notice of breach, does not give CITY written notice of its intention to take over the performance of the contract, and does not commence performance thereof within thirty (30) days after notice to CITY of such election, CITY may take over the work and prosecute the same to completion, by contract or by any other method CITY may deem advisable, for the account and at the expense of SUBDIVIDER and SUBDIVIDER's surety shall be liable to CITY for any damages and/or reasonable and documented excess costs occasioned by CITY thereby; and, in such event, CITY, without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to SUBDIVIDER as may be on the site of the work and necessary therefor.

PART XXIV: NOTICES
All notices herein required shall be in writing, and delivered in person or sent by registered mail, postage prepaid.

Notices required to be given to CITY shall be addressed as follows:

CITY Engineer
Craig A. Scott
201 W. Sierra Ave.

Cotati, CA. 94931
Notices required to be given to SUBDIVIDER shall be addressed as follows:

Pink Viking ORH, LLC C/O Brian Flahavan
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400 College Avenue
Santa Rosa, CA 95401
Notices required to be given surety of SUBDIVIDER shall be addressed as follows:

Pink Viking ORH, LLC C/O Brian Flahavan
400 College Avenue
Santa Rosa, CA 95401
Any party or the surety may change such address by notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address.

PART XXV: ASSIGNMENT
This Agreement will not be assigned without the prior written consent of CITY and any purported assignment without such prior written consent shall be void.

PART XXVI: PROTECTION OF PUBLIC
The SUBDIVIDER is obligated to protect the public safety during all phases of the work, and shall erect and maintain all barricades, signs and warning devices necessary to ensure public protection. In the event that CITY discovers a condition on the site which in its determination constitutes an immediate danger to public safety, and SUBDIVIDER cannot respond at once, CITY may erect any barriers, signs and warning devices it deems necessary. In such event, SUBDIVIDER shall pay for the labor of CITY’s crews at the current CITY’s recovery rate per hour per worker; plus the cost of any materials used and a reasonable fee for use of any barricades found necessary. In no event shall SUBDIVIDER pay less than onehour minimum per worker assigned during regular work hours and no less than three hour minimum per worker assigned outside of regular work hours if City takes action pursuant to this paragraph.

PART XXVII: LABOR CODE:

By executing this Agreement, SUBDIVIDER acknowledges that the construction of the Public Works Improvements may be subject to California Labor Code Sections 1720-1861 including those provisions related to the payment of prevailing wages and if so Subcontractor shall comply and cause any of its contractors and/or subcontractors to comply with any said applicable Labor Code Sections. If in the event that it is determined that the SUBDIVIDER or any of its contractors or subcontractors violated prevailing wage law with respect to the work performed under this Agreement, SUBDIVIDER shall pay all penalties and back wages as required by applicable law and shall waive any rights that SUBDIVIDER may have against the CITY and shall indemnify, defend and hold harmless CITY for and from any claims and/or liabilities arising from any such violations. The SUBDIVIDER's attention is specifically directed to Labor Code Sections 1720 et. seq.

Copies of prevailing wage rates are on file at the CITY Clerk’s office.

PART XXVIII: MISCELLANEOUS PROVISIONS
A. Discrimination. During the performance of this Agreement, SUBDIVIDER shall not discriminate against any contractor, subcontractor, employee or applicant for employment because of race, religion, creed, color, national origin, ancestry, gender, sexual orientation, age or physical or mental disability in violation of any applicable law.

B. No Third Party Beneficiaries. Nothing in this Agreement does or is intended to create an interest in any third party C. Amendment. This Agreement may be amended only by a written instrument executed by both parties.

D. Construction. This Agreement is the product of negotiation and compromise on the part of both parties and that the Parties agree that, notwithstanding Civil Code section 1654, any uncertainty in the Agreement shall not be construed against the drafter of the Agreement.
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E. Governing Law; Venue. This Agreement shall be enforced and interpreted under the laws of the State of California and of the CITY of Cotati. Any action arising from or brought in connection with this Agreement shall be venued in a court of competent jurisdiction in the County of Sonoma, State of California.

F. Non-Waiver. The CITY’s failure to enforce any provision of this Agreement or the waiver thereof in a particular instance shall not be construed as a general waiver of any part of such provision.

G. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

H. Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between CITY and SUBDIVIDER shall survive the termination of this Agreement.

I. Effective Date: The effective date of this Agreement is the date executed by the City of Cotati.

J. Business Licenses: SUBDIVIDER, contractors, and subcontractors shall obtain business licenses pursuant to City of Cotati Municipal Code Section 5.04.250.

K. Other Special Conditions.

EXECUTED ON , 20 , AT ______________, CALIFORNIA
ON BEHALF OF CITY: ON BEHALF OF SUBDIVIDER:

City OF Cotati
________________________________
________________________________
Damien O’Bid, City Manager
________________________________
RECOMMENDED FOR APPROVAL:
________________________________
________________________________
Craig A. Scott, City Engineer
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________________________________
Damien O’Bid, Acting City Community Development Director

APPROVED AS TO FORM
_______________________________
Robin Donoghue, City Attorney

ATTACH NOTARY PUBLIC ACKNOWLEDGMENT
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EXHIBIT A
SUBDIVISION NAME: Flahavan Estates Subdivision
File No. 16-17
IMPROVEMENT: RESPONSIBLE

DEPARTMENT
Initial Deposit
for Inspection*
SURETY
AMOUNT

1. Site Preparation and Grading Engineering - $422,354**

2. Street Improvements Engineering - $569,007

3. Storm Drainage Engineering - $542,569

4. Sanitary Sewer Engineering - $279,375

5. Water Distribution Engineering - $251,420

6. Landscape Engineering - $30,000

7. Dry Utilities Engineering - $181,825
Subtotal $2,276,550

8. Major Category Contingency (15%) $341,483
TOTAL $30,000 $2,618,033

*A single deposit account will be kept for the Public Improvements inspections by City forces. **Security included in Grading Permit and not with the SIA.

SECURITY:
[ ] CASH [X] BOND [ ] INSTRUMENT OF CREDIT [ ] CERTIFICATE OF DEPOSIT

1. (A) PERFORMANCE $2,618,033
(B) PERFORMANCE USING INSTRUMENT OF CREDIT,
WITH 20% ADDITIONAL SURETY

2. LABOR AND MATERIALS $2,618,033

3. MAINTENANCE Received at this time? Yes [ ] No [X] $

4. MONUMENTATION $2,850

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EXHIBIT B
SUBDIVISION NAME: Flahavan Estates Subdivision
File No. 16-17
Construction Cost Estimate
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FLAHAVAN ESTATES SUBDIVISION
ESTIMATE OF PROBABLE CONSTRUCTION COST DATE: 04/03/25
CIVIL DESIGN CONSULTANTS, INC.

SUB. TOTAL
ACCT.# DESCRIPTION OF WORK COSTS

CONSTRUCTION ITEMS SUMMARY
I ROUGH GRADING $422,345
II CLEARING AND DEMOLITION $133,704
III STORM DRAIN SYSTEM $542,569
IV SANITARY SEWER SYSTEM $279,375
V DOMESTIC WATER SYSTEM $251,420
VI STREET IMPROVEMENTS $569,007
VII SIGNING & STRIPING $25,813
VIII PRIVATE UTILITIES $181,825
IX EROSION CONTROL $49,700
X LANDSCAPE/IRRIGATION $30,000
XI SITE WALLS $287,350
CONSTRUCTION SUB-TOTAL $2,773,108
15% CONTINGENCY $415,966
CONSTRUCTION TOTAL $3,189,074
*THIS ESTIMATE IS NOT A WARRANTY OF COST
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CONSTRUCTION ITEM UNIT QUANTITY UNIT PRICE TOTAL

I - ROUGH GRADING
EXCAVATION & COMPACTED FILL CY 39,000 $7.50 $292,500
FINE GRADE BLDG PADS SF 167,100 $0.35 $58,485
SUBGRADE PREPARATION (STREETS) SF 44,600 $1.25 $55,750
SUBGRADE FINE GRADING (STREETS) SF 44,600 $0.35 $15,610 TOTAL $422,345

II - CLEARING AND DEMOLITION
CLEAR & GRUB AC 7.1 $5,000.00 $35,500
REMOVE EXISTING CULVERT LS 3 $500.00 $1,500
REMOVE EXISTING FOUNDATION EA 3 $6,000.00 $18,000
REMOVE/ABANDON EXISTING UTILITIES LS 1 $10,000.00 $10,000 SAWCUT EXISTING PAVEMENT LF 338 $8.00 $2,704
REMOVE EXISTING TREE EA 132 $500.00 $66,000
TOTAL $133,704

III - STORM DRAIN SYSTEM
6" SD (PVC) LF 686 $40.00 $27,440
8" SD (HDPE) LF 758 $49.00 $37,142
10" SD (HDPE) LF 75 $53.00 $3,975
12" SD (HDPE) LF 411 $56.00 $23,016
15" SD (HDPE) LF 1,386 $67.00 $92,862
18" SD (HDPE) LF 35 $74.00 $2,590
24" SD (HDPE) LF 308 $93.00 $28,644
CATCH BASIN (4A) EA 7 $5,000.00 $35,000
FIELD DRAIN (12" W/ SO) EA 1 $1,500.00 $1,500
FIELD DRAIN (18" W/ SO) EA 15 $2,000.00 $30,000
FIELD DRAIN (24" W/ SO) EA 1 $2,800.00 $2,800
FIELD DRAIN (36" W/ SO) EA 1 $3,800.00 $3,800
JUNCTION BOX (DI-2424) EA 1 $2,600.00 $2,600
DROP INLET (DI-1212) EA 4 $1,200.00 $4,800
DROP INLET (DI-1818) EA 3 $1,800.00 $5,400
YARD INLET (12" SQ. CATCH BASIN) EA 10 $800.00 $8,000
48" MANHOLE EA 10 $6,800.00 $68,000
STORM DRAIN CLEANOUT EA 5 $500.00 $2,500
BIO-RETENTION BED SF 5,260 $30.00 $157,800
SIDEWALK DRAIN EA 22 $100.00 $2,200
CONNECT TO EXISTING STORM DRAIN LS 1 $2,500.00 $2,500
TOTAL $542,569

IV - SANITARY SEWER SYSTEM
6" SS (PVC) LF 510 $65.00 $33,150
8" SS (PVC) LF 1,263 $75.00 $94,725
4" SS LATERAL W/ CLEANOUT EA 35 $2,100.00 $73,500
48" MANHOLE EA 8 $8,000.00 $64,000
SSCO EA 4 $3,000.00 $12,000
CONNECT TO EXISTING SEWER LS 1 $2,000.00 $2,000
TOTAL $279,375
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CONSTRUCTION ITEM UNIT QUANTITY UNIT PRICE TOTAL

V - DOMESTIC WATER SYSTEM
8" WATER LF 1,039 $90.00 $93,510
8" GATE VALVE EA 11 $1,750.00 $19,250
1-1/2" SINGLE WATER SERVICE EA 35 $2,500.00 $87,500
1-1/2" WATER SERVICE WATER EXTENSION LF 520 $33.00 $17,160 FIRE HYDRANT ASSEMBLY EA 2 $9,500.00 $19,000
BLOW-OFF EA 2 $5,000.00 $10,000
8"x8"x8" CUT-IN TEE EA 1 $5,000.00 $5,000
TOTAL $251,420

VI - STREET IMPROVEMENTS
AGGREGATE BASE, CLASS 2 CY 1,450 $55.00 $79,750
ASPHALT CONCRETE TON 1,214 $130.00 $157,820
EDGE GRIND EXISTING AC SF 1600 $8.00 $12,800
STANDARD CURB AND GUTTER LF 1,789 $46.00 $82,294
CURB AND GUTTER WITH KEY AT LIP LF 456 $54.00 $24,624
CONC. MOSITURE BARRIER LF 1,333 $11.00 $14,663
4" CONCRETE SIDEWALK SF 12,002 $8.00 $96,016
6" CONCRETE DRIVEWAY SF 3,817 $10.00 $38,170
CONCRETE SWALE LF 397 $60.00 $23,820
DUAL DIRECTION CURB RAMP EA 4 $1,800.00 $7,200
STREET LIGHT (STD 302) EA 7 $3,500.00 $24,500
STREET LIGHT (STD 301 - ARTERIAL) EA 1 $4,500.00 $4,500 STREET MONUMENTS EA 3 $950.00 $2,850
TOTAL $569,007

VII - SIGNING & STRIPING
CENTERLINE MARKINGS LF 50 $3.50 $175
TWO-WAY LEFT TURN LINE LF 605 $7.50 $4,538
6" THERMOPLASTIC BIKE LANE LINE LF 631 $5.00 $3,155
12" CROSS WALK STRIPE LF 92 $10.00 $920
STOP LEGEND EA 1 $750.00 $750
THERMOPLASTIC TURN ARROW EA 4 $600.00 $2,400
BIKE LANE SYMBOL W/ DIRECTION ARROW EA 4 $1,200.00 $4,800 COMBINATION ST NAME STOP SIGN EA 2 $800.00 $1,600
ADVANCE ST NAME INERSECTION WARNING SIGN EA 1 $750.00 $750 COMBINATION NO PARKING BEGIN/END SIGN EA 2 $650.00 $1,300 SIDEWALK BARRICADE EA 3 $675.00 $2,025
STREET BARRICADE SIGN EA 1 $650.00 $650
STREET BARRICADE EA 1 $2,750.00 $2,750
TOTAL $25,813
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CONSTRUCTION ITEM UNIT QUANTITY UNIT PRICE TOTAL

VIII - PRIVATE UTILITIES
PG&E, PAC BELL, COMCAST INFRASTRUCTURE LF 1,039 $175.00 $181,825 TOTAL $181,825

IX - EROSION CONTROL
EROSION CONTROL AC 7 $7,000.00 $49,700
TOTAL $49,700

X - LANDSCAPE/IRRIGATION
LANDSCAPING & IRRIGATION LS 1 $30,000.00 $30,000
TOTAL $30,000

XI - SITE WALLS
RETAINING WALLS LF 821 $350.00 $287,350
TOTAL $287,350
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EXHIBIT C
SUBDIVISION NAME: Flahavan Estates Subdivision
File No. 16-17
Uniform Application Fee Addendum and Indemnification Agreement 2237250.1
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Noah Housh DATE

COMMUNITY DEVELOPMENT DIRECTOR, CITY OF COTATI
Craig Scott C#46834 DATE

CITY ENGINEER, CITY OF COTATI
SD
SS
X
X
X

POLICE CHIEF, CITY OF COTATI
Chris Simmons DATE

FIRE MARSHAL, RANCHO ADOBE FIRE DISTRICT
Jeff Veliquette DATE

GEOTECHNICAL ENGINEER, REESE & ASSOCIATES
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Shared Driveway Agreement Page 1 of 4

RECORDING REQUESTED BY
AND WHEN RECORDED, RETURN TO:

William W. Hatcher
Law Offices of William W. Hatcher
114 Pierce Street
Santa Rosa, CA 95404
Space above this line for Recorder’s Use only

SHARED DRIVEWAY AGREEMENT
THIS SHARED DRIVEWAY AGREEMENT (the “Agreement”) is made and entered into as of this __ day of April 2025 by and between Synergy Acacia LLC, a California limited liability company (collectively, the “Lot 32 Owner”), on the one hand, and Synergy Acacia LLC, a California limited liability company (collectively, the “Lot 33 Owner”), on the other hand, sometimes hereinafter collectively referred to as “the parties.”

RECITALS
WHEREAS, the Lot 32 Owner is the owner of that certain real property located at____________________, Cotati, California, 94931, and more particularly described in Exhibit A attached hereto and incorporated herein by reference (hereinafter referred to as “Lot 32”); WHEREAS, the Lot 33 Owner is the owner of that certain real property located at______________________, Cotati, California, 94931, and more particularly described in Exhibit B attached hereto and incorporated herein by reference (hereinafter referred to as “Lot 33”); WHEREAS, the Lot 32 is adjacent to Lot 33 and the two Lots share a common driveway (the “Shared Driveway”);
WHEREAS, the parties now desire to establish a shared driveway agreement whereby each Lot Owner and their successors and assigns shall have the right to use the portions of the Shared Driveway located on the other Lot Owner’s property and agree to equally share the maintenance costs of the Shared Driveway as more fully described hereinbelow:

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties do hereby agree as follows:
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AGREEMENT

1. The Lot 32 Owner and the Lot 33 Owner hereby grants unto each other and the other’s successors and assigns, subject to encumbrances of record, non-exclusive easements which will run with the land to use the portion of the Shared Driveway located on each other’s Lot for purposes of access to and from the garages located on each Lot. At no time will either Lot Owner park vehicles on or otherwise obstruct in any way all or any portion of the Shared Driveway.

2. The Lot 32 Owner and the Lot 33 Owner shall share equally the costs of maintaining the Shared Driveway in its current condition, free of any potholes or other damages.

Notwithstanding the foregoing, in the event either Owner or their tenants, contractors, agents, guests or invitees causes excessive damage to the Shared Driveway, such Owner shall be exclusively responsible for the costs of repairing such damage.

3. The Lot 32 Owner and the Lot 33 Owner shall indemnify and hold each other harmless from and against any and all liabilities, claims, demands, expenses, judgments or costs of any kind resulting from the use of the portion of Shared Driveway by each Owner, its tenants, contractors, agents, guests and invitees.

4. Any dispute arising among the parties as to this Agreement which cannot be resolved after consultation among the parties, or their duly appointed representatives, shall be submitted to arbitration in accordance with provisions of Section 1280, et seq., of the California Code of Civil Procedure as such provision may from time to time be amended or otherwise in effect.

5. If any legal, equitable or administrative proceedings are brought to enforce this Agreement, the prevailing party shall be entitled to an award of court costs and attorneys’ fees as determined by the adjudicating body of such proceedings.

6. It is the intention of the parties that this Agreement is to be considered a covenant and equitable servitude running with and appurtenant to Lot 32 and Lot 33 in perpetuity and is binding on the Lot 32 Owner and the Lot 33 Owner as well as their grantees, successors and assigns, and the sale or conveyance of either Lot 32 or Lot 33 shall be expressly made subject to the terms and conditions contained here.

7. The provisions hereof shall be deemed independent and severable, and the invalidity or unenforceability of any one provision shall not affect the validity or enforceability of any other provisions hereof.

8. As used herein, the singular shall include the plural and the masculine shall include the feminine.

9. This Shared Driveway Agreement may only be modified by a writing, duly executed, acknowledged and recorded by the then-current owners of Lot 32 and Lot 33. 125 of 387
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10. Mutual ownership of both Lot 32 and Lot 33 shall not operate as a merger or in any way affect the enforceability of this Shared Driveway Agreement. The parties and/or their successors in interest shall cause to be re-recorded this Shared Driveway Agreement if and to the extent required by any title company handling the sale or transfer of Lot 32 or Lot 33 in order to continue its effectiveness.

EXECUTED as of the day and year first hereinabove written at Sonoma County, California.

LOT 32 OWNER: SYNERGY ACACIA LLC, a California limited
liability company
By: ______________________________
Its: _______________________________
LOT 33 OWNER: SYNERGY ACACIA LLC, a California limited
liability company
By: ____________________________________
Its: _____________________________________
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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.

STATE OF CALIFORNIA )
) ss.

COUNTY OF SONOMA )
On April ____, 2025, before me, ________________________, Notary Public, 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.
____________________________________
Notary Public
State of California
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DECLARATION
OF

COVENANTS, CONDITIONS AND RESTRICTIONS
FOR

FLAHAVEN ESTATES
This Declaration ofCovenants, Conditions and Restrictions for Flahaven Estates (the "Declaration") is made by Pink Viking ORH, a California limited liability company (the "Declarant").

RECITALS
A. Declarant is the owner of certain real property located in the City of Cotati, County of Sonoma, California, which is more particularly described as follows:

Lots 1 through 35, inclusive, as shown on the Subdivision Map entitled "Flahaven Estates", Filed for Record on ________________, 202_, in Book ______of Maps, at Page _____, Sonoma County Records.

B. Declarant has deemed it desirable to impose a general plan for the improvement and development of all of the Lots located within the Development through the creation of certain protective covenants, conditions,restrictions, reservations, easements, equitable servitudes, and charges allrunningwith the Development as hereinafter set forth.

C. Declarant hereby declares that all of the Development shall be held, sold, conveyed, encumbered, hypothecated, leased, used, occupied, and improved subject to the following easements, restrictions, covenants, conditions, and equitable servitudes, all of which are imposed for the attractiveness and desirability of the Development in furtherance of a general plan for the protection, maintenance, subdivision, improvement, and sale of the Development, or any portion thereof.

D. The covenants, conditions, restrictions, reservations, easements, and equitable servitudes set forth herein are covenants running with the land pursuant to California Civil Code Section 1468 and shall be binding upon all persons having any right, title, or interest in any portion of the Development, and may be enforced by Declarant, the Association or by any Owner. The Development is not a common interest development as defined by California Civil Code Section 4100, and is not subject to the provisions of the Davis-Stirling Common Interest Development Act (California Civil Code Section 4000 et seq.).

E. The Development is intended as a residential development which consists of thirty-five (35) single family lots. This Declaration establishes a property owners association (the "Association"), of which the Owners of each Lot is a Member. The Association shall, among other things, maintain, repair and replace the sound barrier wall adjacent to Old Redwood Highway and the water retention area.

ARTICLE 1 DEFINITIONS

1.1 Definitions, Generally. When the words and phrases described in this Article are used in the Declaration, they will have the meanings set forth in this Article. 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. The use of the term "may" in this Declaration indicates discretion or choice, and the use of the term "shall" in this Declaration means Flahaven Estates Non-CID
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imperative, mandatory or imposing an absolute duty. Except as otherwise provided herein, all capitalized terms used in this Declaration shall have the same meanings as set forth in this Article 1.

1.2 Absolute Majority. "Absolute Majority" shall mean a majority of the Total Voting Power of the Association.

1.3 Accessory Dwelling Unit; ADU. "Accessory Dwelling Unit" , or "ADU" as defined in 65852.2 and 65852.22 ofthe California GovernmentCode, respectively, shall mean an attached or a detached Residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a Lot with a proposed or existing primary Residence.

1.4 Action. "Action" shall be defined to include suits, proceedings (including those held under alternative dispute resolution procedures), claims, or lawsuits. Action includes actions, as defined herein, alleging failure to comply with any federal, state or local law.

1.5 Additional Charges. "Additional Charges" shall mean all costs, fees, charges, and expenditures, including without limitation, interest, late charges, attorneys' fees, Recording and filing fees, and all other costs actually incurred by the Association in collecting and/or enforcing payment of Assessments, fines, and/or penalties.

1.6 Architectural Review Committee. "Architectural Review Committee" shall mean the committee created pursuant to Article 8 of this Declaration.

1.7 Architectural Rules. "Architectural Rules" shall mean the rules and regulations adopted by the Board of Directors pursuant to Section 8.5 of this Declaration.

1.8 Assessment. "Assessment" shall mean a charge levied by the Association against an Owner and his or her Lot as provided in Article 6 of this Declaration. "Assessment" shall include any or all of the following:
(a) Regular Assessments. Regular Assessments, which shall have the meaning setforth in Section 6.5 of this Declaration.
(b) Enforcement Assessments. Enforcement Assessments, which shall have the meaning set forth in Section 6.8 of this Declaration.
(c) Reimbursement Assessments. Reimbursement Assessments, which shall have the meaning set forth in Section 6.7 of this Declaration.
(d) Special Assessments. Special Assessments, which shall have the meaning set forth in Section 6.6 of this Declaration.

1.9 Association. "Association" shall mean the Flahaven Estates Community Association, a California nonprofit mutual benefit corporation, its successors and assigns.

1.10 Association Maintenance Area. "Association Maintenance Area" shall mean the landscaped area between the end of the Longship Lane street improvements and the subdivision boundary (to include irrigation), sound barrier wall adjacent to Old Redwood Highway and the water retention area, and bioretention facilities along Old Redwood Highway and within the internal streets - Viking Way and Longship Lane. In addition, Association Maintenance Area shall mean all of the areas within the Development which must be maintained by the Association in accordance with the Fire Safe Plan.

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1.11 Board. "Board" shall mean the governing body of the Association.

1.12 Bylaws. "Bylaws" shall mean the Bylaws of the Association as they may be adopted by the Members and any duly-adopted amendments thereof. Unless the Members adopt a separate set of Bylaws, the provisions of Article 2, below, shall constitute the Association's Bylaws.

1.13 City. "City" shall mean the City of Cotati, located in Sonoma County, California, and its various departments, divisions, agents, officers, boards, commissions, committees, employees and volunteers.

1.14 County. "County" shall mean Sonoma County, California, and its various departments, divisions, agents, officers, boards, commissions, committees, employees and volunteers.

1.15 Declarant. "Declarant" shall mean Pink Viking ORH, LLC, a California limited liability company. The term "Declarant" shall also mean any successor or assign of Declarant, provided a certificate, signed by Declarant and Declarant's successor or assign, is Recorded against the portion of the Development which the successor or assign assumes the rights and duties of Declarant. A successor Declarant shall also be deemed to include the beneficiary under any deed of trust securing an obligation from a then existing Declarant encumbering all or any portion of the Development, which beneficiary has acquired any such portion of the Development by foreclosure, power of sale, or deed in lieu of such foreclosure or sale.

1.16 Declaration. "Declaration" shall mean this instrument, as it may be amended from time to time.

1.17 Development. "Development" means the real property described in Recital A, together with all Improvements now located or hereafter constructed or installed thereon, and all appurtenances thereto; together with any real property annexed to this Declaration pursuant to a Declaration of Annexation.

1.18 Director. "Director" shall mean a member of the Board.

1.19 Fire Safe Plan. "Fire Safe Plan" shall mean that certain document entitled, Fire Safe Plan", prepared by Declarant, and reviewed and approved by the Rancho Adobe Fire Protection District, and attached hereto as Exhibit "A".

1.20 Governing Documents. "Governing Documents" shall mean the articles of incorporation, Bylaws, Declaration, Rules (including the ArchitecturalRules), and the policies and resolutions duly adopted by the Board.

1.21 Improvement. "Improvement" shallmean allstructures and improvements includingwithout limitation Residences, buildings, landscaping, paving, fences, and signs.

1.22 Junior Accessory Dwelling Units; JADU. "Junior Accessory Dwelling Units", or "JADU" as defined in 65852.2 and 65852.22 of the California Government Code, respectively, and shall mean a unit that is no more than five hundred (500) square feet in size and contained entirely within a single-family Residence.

1.23 Lot. "Lot" shall mean any plot of land shown upon the Subdivision Map.

1.24 Member. "Member" shall mean an Owner, and refer to membership in the Association.

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1.25 Mortgage. "Mortgage" shall mean a deed of trust as well as a mortgage in the conventional sense. "First Mortgage" shall mean anyRecorded Mortgage on a Lot with first priority over other Mortgages on such Lot. "Mortgagee" shall refer to a beneficiary under a deed of trust as well as to a mortgagee in the conventional sense.

1.26 Owner. "Owner" shall mean any person, firm, corporation or other entity in which fee title to a Lot is vested as shown by the official records of the office of the County Recorder, including the purchaser under an installment land contract, but excluding those having such interest merely as security for the performance of an obligation. If a Lot is transferred or conveyed to a trust, the Owner is the trustee or the co-trustees of such trust. A person or entity is not an Owner due to: (i) community property or other equitable rights not shown of Record; or (ii) rights of adverse possession not shown of Record. Where the context requires, the term "Owner" shall include the members of the Owner's household and the Owner's guests, tenants/lessees and invitees.

1.27 Record; Recorded; Recordation; Filed. "Record", "Recorded", "Recordation", and "Filed" shall mean, with respect to any document, the recordation or filing of such document in the official records of the County Recorder's office.

1.28 Residence. "Residence" shall mean a residential structure located upon a Lot which is designed for human residential use and occupancy.

1.29 Resident. "Resident" shall mean any person who resides in a Residence on a Lot within the Development whether or not such person is an Owner.

1.30 Rules. "Rules" shall mean the rules and regulations governing the use, occupancy, management, administration, and operation of the Development or any part thereof as adopted and published by the Board from time to time, and the Architectural Rules as adopted and published by the Board from time to time.

1.31 Shared Driveway Agreement. "Shared Driveway Agreement" shall mean those certain Shared Driveway Agreements recorded against Lots 14 and 15, 17 and 18, and 32 and 33, in the Official Records of the County of Sonoma.

1.32 Simple Majority. "Simple Majority" shall mean a majority of the votes of the Members: (i) represented and voting at a meeting at which a quorum is present; or (ii) cast by written ballot (in conformity with California Corporations Code Section 7513) in which the number of ballots received equals or exceeds the number required to establish a quorum.

1.32 1.33 Subdivision Map. "Subdivision Map" shall mean the finalsubdivision map Filed with the County Recorder for any portion of the Development.

1.33 1.34 Supplemental Declaration. "Supplemental Declaration" shall mean any declaration (as defined in California Civil Code Section 4135), Recorded pursuant to Article 15, below, which supplements this Declaration and which may affect only a portion of the Development. A Supplemental Declaration may be entitled as an amendment to the Declaration in order to satisfy County Recording requirements.

1.34 1.35 Total Voting Power. "Total Voting Power" shall mean the total number of votes of all Members entitled to vote at a particular time.

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ARTICLE 2 HOMEOWNERS ASSOCIATION

2.1 Management and Operation. The Association, through the Board, shall manage and operate the Development in accordance with the applicable provisions of the Governing Documents and the applicable provisions of California law. The Association shall have all of the powers set forth in the Governing Documents together with general power to do any and all things that a nonprofit mutual benefit corporation may lawfully do under the laws of the State of California, subject only to the limitations upon the exercise of such powers as are expressly set forth in the Governing Documents. The Association is not subject to the Davis-StirlingCommon Interest Development Act(California CivilCode Section 4000 etseq.), even though numerous Governing Document provisions impose the same obligations as required by the Act.

2.2 Association Membership.
(a) Ownership Includes Membership. Every Owner of a Lot shall be a Member and shall remain a Member thereof until such time as his or her Lot ownership ceases for any reason.

Membership shall be appurtenant to and may not be separated from ownership of a Lot and shall not be transferred, encumbered, pledged, alienated, or otherwise hypothecated in any way, except in connection with the sale or encumbrance of the Lot to which it is appurtenant. (b) Membership Meeting Notice. The annual meeting of the Members shall be held annually at a date and time established by the Board. Special meetings of the Members may be called at any time by the President or by the Board or pursuant to the written request of Members entitled to cast at least five percent (5%) of the total voting power of the membership. Written notice of annual and special membership meetings shall be mailed first class, postage prepaid, or otherwise delivered at least ten (10) but not more than ninety (90) days before such meeting, to each Member entitled to vote at such meeting, except that in the case of a special meeting called pursuant to a written request of Members, notice of such special meeting shall be mailed or otherwise delivered within twenty (20) days after receipt of such written request by the Board, and the date of such special meeting shall be set by the Board and shall be not sooner than thirty-five (35) days nor later than ninety (90) days after the date of the Board's receipt ofsuch written request. Notice of meetings shall be addressed or otherwise delivered to the Member's address last appearing on the books of the Association orsupplied by such Member to the Association for the purpose of notice. Notice of any meeting of Members shall specify the date, hour, and place of the meeting, and the general nature of those matters which the Board intends to present for action by the Members. (c) Membership Meeting Quorum. The presence at anymeeting, in person or by proxy, or of written ballots, of Members entitled to cast at least a majority of the total voting power of the membership shall constitute a quorum for the transaction of any business. If, however, such quorum shall not be present or represented at any meeting, the Members otherwise entitled to vote at that meeting may not transact any business but may adjourn the meeting from time to time, to be reconvened at a subsequent date which is not less than five (5) days and not more than thirty (30) days fromthe time ofthe adjourned meeting, without notice otherthan announcement at the meeting, until a quorum shall be present or represented. The quorum for an adjourned meeting of the Members originally called for any purpose other than to recall one (1) or more members of the Board of Directors shall be one-third (1/3) of the Members. At all meetings of the Members, each Member may vote in person or by proxy, or by written ballot, provided that if written ballots are used, proxies shall not be permitted.

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2.3 Classes of Membership. The Association shall have the following classes of membership:
(a) Class A Members. Each Owner, with the exception of Declarant, shall be a Class A Member of the Association. If a Lot is owned by more than one (1) person, there shall be only one (1) vote with respect to such Lot. Declarant shall become a Class A Member upon the occurrence of the events specified in subsection 2.4(b), below.
(b) Class B Members. The Class B Member shall be Declarant until the occurrence of the events specified in subsection 2.4(c), below.

2.4 Voting Rights of Classes of Members.
(a) Commencement of Voting Rights. Voting rights attributable to the ownership of Lots shall not vest until Assessments against those Lots have been levied by the Association. (b) Class A Members. Class A Members shall have one (1) vote for each Lot that the Member owns. A Class A Member who has sold his or her property to a purchaser under an installment land contractshall be deemed to have delegated to such purchaser his or her membership rights in the Association. However, the selling Owner shall remain liable for any default in the payment of Assessments by the purchaser until title to the property sold shall be transferred to the purchaser.
(c) Class B Members. The Class B Member shall be entitled to three (3) votes for each Lot owned by Declarant. The Class B membership shall cease and be converted to Class A membership when ninety percent (90%) of the Lots within the Development have been conveyed to Class A Members.
(d) Members Entitled to Vote. The tenants or lessees of any Lot within the Development shall have no voting or membership rights in the Association. (e) Suspension of Voting Rights. A Member's voting rights may be temporarily suspended under those circumstances described in Article 10, below. (f) Consent of Membership Classes. As long as there are Class A and Class B memberships within the Association, no action by the Association that must have the prior approval of the Members shall be deemed approved by the Members unless approved by the appropriate percentage of both classes of Members. Whenever any provision of this Declaration or any other Governing Document of the Association requires the approval of a prescribed majority of the voting power of the Members "other than Declarant", the intent of the quoted phrase is that the action be approved by the vote or written assent of a bare majority of the Class B voting power, as well as the vote or written assent of the prescribed majority of the total voting power of Members other than Declarant. After all the Class B memberships have been converted into Class A memberships, any such provisions shall be deemed to require the vote or written assent of a bare majority of the total voting power of the Association, as well as the vote or written assent of the prescribed majority of the total voting power of Members other than Declarant.

2.5 Board. The affairs of the Association shall be managed by or under the direction of the Board.

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(a) Purpose and Function of the Board. The purpose of the Board is to manage and oversee the maintenance obligations prescribed in this Declaration, and establishing, enforcing, and collecting Assessments for such maintenance obligations. (b) Authorized Number of Board Members. The affairs of this Association shall be managed by or under the direction of the Board. The initial Board shall be comprised of three (3) persons designated by Declarant, and shall hold office until the first meeting of the membership.

Thereafter, the Board shall consist of three (3) Directors. No reduction in the authorized number of Directors shall have the effect of removing any Director before that Director's termof office expires. (c) Election of Board Members. Except as noted herein, each elected Director shall hold office for a term of two (2) years and until a successor Director has been elected or until the earlier disqualification, death, resignation, or removal of such Director. Any tie in the number of votes cast for candidates shall be decided by random drawing or other method of chance as determined by the Board. There shall be no limitation on the number of consecutive terms to which a Director can be re-elected. The first election of the Board shall be conducted at the first annual meeting of the Members and the terms of office shall be staggered as follows: One (1) Directorshall be elected by the votes of Class A Members only, as more particularly described in subsection 2.5(d), below. This initial one (1) elected Director shall serve a term of one (1) year. In addition to the election of the one (1) Director, Declarant shall appoint two (2) Directors pursuant to Declarant's Class B voting rights. The two (2) Directors initially appointed by Declarant at the first annual meeting shallserve a term of two (2) years. Thereafter, term of office of a Directorshall be two (2) years.
(d) Special Rule for Election of Director by Class A Members . From the first election of the Board and thereafter forso long as the majority of the voting power of the Association resides with Declarant, orso long as there are Class B memberships in the Association, not less than twenty percent (20%) of the Board shall be elected solely by the votes of Owners of Lots other than Declarant (i.e. the Class A Members only).
(e) Compensation. No member of the Board shall be compensated for being on the Board. However, upon approval by the Board, any Director may be reimbursed for his or her expenses actually incurred in the performance of his or her duties. (f) Board Vacancy. Any vacancy occurring on the Board, except a vacancy created by the removal of a Director by Declarant or by the Members or due to an increase in the authorized number of Directors, may be filled by approval of the Board, or if the number of Directors then in office is less than a quorum, by the vote of a majority of the remaining Directors at a meeting of the Board, or by unanimous written consent of the Directors then in office, or by a sole remaining Director. A Director so chosen shall serve the remainder of the term of office of the Director whom he or she replaces. The Members may elect a Director at any time to fill any vacancy not filled by the Directors. If the Board accepts the resignation of a Director tendered to take effect at a future time, the Board or, if the Board fails to act, the Members may elect a successor to take office when the resignation becomes effective.
(g) Board Meetings. The Board shall meet at least quarterly at a place within the County. Regular and special meetings of the Board shall be open to all Members of the Association, except when the Board meets in executive session meetings as permitted by the California Corporations Code. A reasonable time limit for all Members to speak to the Board shall be Flahaven Estates Non-CID
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established by the Board. Except for emergency meetings affecting the safety of Members and executive sessions for matters which by law are reserved for executive session, Members shall be given notice of the day, time, and place of each meeting of the Board, whether regular or special, at least four (4) days prior to such meeting. Notice shall be given to all Members by posting the notice in a prominent place or places within the Development by mail to any Owner who has requested notification of Board meetings by mail, at the address requested by the Owner. (h) Election of Officers. The Board shall elect the officers. The election of officers shall take place immediately following the election of the Board, or at the first meeting of the Board following each annual meeting of the Members.

2.6 Association Rules. The Board shall have the power and the authority to establish, promulgate, amend, repeal, and enforce such rules and regulations, which shall be known as "Rules", as the Board deems necessary for the management and operation of the Development and the conduct of business and affairs of the Association. The Rules may concern, but need not be limited to, matters pertaining to use of the Association Maintenance Area, signs, collection and disposal of refuse, minimum standards for maintenance of property, parking and traffic regulations, rental or leasing of Lots, the keeping of pets on Lots, and any other subject matter within the jurisdiction of the Association as provided in the Governing Documents or by law.

2.7 Manager and Other Personnel. The Board shall have the power and authority to employ a manager and such other persons or entities as the Board shall deem appropriate to assist it in managing the Development and conducting the business and affairs of the Association, as more particularly set forth in the this Declaration and in any Bylaws adopted by the Members.

2.8 Capital Improvements. The Board shall have the power and authority to provide for the construction, reconstruction, installation, or acquisition of capital improvements upon the Association Maintenance Area, provided that in any fiscal year expenditures for capital improvements shall not exceed five percent (5%) of the budgeted gross expenses of the Association for that fiscal year except upon the approval of at least a majority of each class of Members. This limitation shall not apply to the expenditure of any funds accumulated in a reserve fund for capital improvements so long as the expenditure is for the purpose for which the fund was established nor shall it apply to any reconstruction governed by Article 12 of this Declaration. For purposes of this Section "capital improvements" is defined as any: (i) substantial discretionary addition to the Association Maintenance Area;(ii) voluntary significant upgrade to Association Maintenance Area materials; or(iii) discretionarymaterial alterations to the appearance ofthe Development.

2.9 Association Records. The accounting books and records and minutes of Board meetings shall be open to inspection by any Member at any reasonable time, for any purpose reasonably related to such person’s interest as a Member. The Board may adopt policies and procedures to further describe and to facilitate the process for Members’ inspection of Association documents and records.

2.10 Dissolution. So long as there is any lot, parcel or area for which the Association is obligated to provide management, maintenance, preservation or control, the consent of all Members, and the City, having jurisdiction over the Development must be obtained for the Association to: (i) transfer all or substantially all of its assets; or (ii) file a certificate of dissolution.

2.11 Limitation of Liability. Neither the Association or its Directors, officers, employees, agents or committee members (collectively and individually referred to as the "Released Party")shall be personally liable for damages or in equity to any of the Members, or to any other person, for any error or omission in the discharge of their duties and responsibilities or for their failure to provide any service required hereunder or pursuant to the Governing Documents, even if such Released Party is negligent, provided that such Flahaven Estates Non-CID
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Released Party has not acted in bad faith. This standard of care and limitation of liability shall extend, without limitation, to matters such as: (i) the establishment of the Association's annual financial budget; (ii) the funding of Association reserve accounts; (iii) the discharge of the Association's maintenance, repair and replacement obligations; (iv) the enforcement of the Governing Documents; and (v) to any other fiduciary duties or responsibilities imposed by law or the Governing Documents.

ARTICLE 3 ASSOCIATION MAINTENANCE AREA

3.1 Purpose of Association Maintenance Area. Subject to the provisions of the Declaration, the Association Maintenance Area shall be held, maintained, and used in accordance with all City requirements for the benefit of the Owners, the members of the Owners' households, tenants, invitees and guests, as provided in the Governing Documents.

3.2 Acceptance of Association Maintenance Area. The Association shall be deemed to have accepted the Association Maintenance Area for maintenance when assessments have commenced.

3.3 Owners Use of Association Maintenance Area. Every Owner and the Association shall have a non-exclusive easement for ingress, egress, use of, and enjoyment in, to, and throughout the Association Maintenance Area. Each such non-exclusive easementshall be appurtenant to and pass with the title to every Lot, subject to the following rights and restrictions:
(a) Adoption ofRules. The right ofthe Board to establish and enforce reasonable Rules governing the use of the Association Maintenance Area and the facilities thereon including, without limitation, Rules regulating water use, irrigation practices, and landscaping design. (b) Perform Obligations. The right of the Association or its authorized agents to performits obligations underthis Declaration, including, without limitation, obligations with respect to construction, maintenance, repair, or replacement for the benefit of the Association Maintenance Area;
(c) Establish Signage. The right of the Association to establish, construct, maintain, repair and replace signs and other similar improvements upon the Association Maintenance Area; ARTICLE 4 USE RESTRICTIONS

4.1 Offensive Conduct, Nuisances, Noise. No noxious, harmful or offensive activities shall be conducted upon or within any part of the Development, nor shall anything be done thereon which may be or become a nuisance, or cause unreasonable embarrassment, disturbance, or annoyance to any Residents of the Development, or which shall in any way interfere with their use and enjoyment of their Lots or Residences. Without limiting any of the foregoing, no Resident shall permit noise, including without limitation the barking of dogs or excessively loud music, to emanate from the Resident's Lot, vehicles, or the vehicles of guests and invitees, which would unreasonably disturb another Resident's enjoyment of his or her Residence or Lot.

4.2 Residential Use. Except as specifically provided in Sections 4.3, 4.19 and 4.20, no Lot, or any portion thereof, shall be occupied or used for other than residential purposes.

4.3 Use of the Association Maintenance Area. All use of the Association Maintenance Area is subject to the Governing Documents. No alterations or additions to the Association Maintenance Area shall be made except as authorized by the Board pursuant to the Governing Documents. Nothing shall be placed, kept, or stored on the Association Maintenance Area without the prior written consent of the Board, except Flahaven Estates Non-CID
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by the Association. Without limiting the foregoing, no Owner shall place rubbish, debris, or other unsightly or unsanitary materials on the Association Maintenance Area. Each Owner shall avoid causing damage to the Association Maintenance Area.

4.4 Requirement of Architectural Approval. As addressed in greater detail in Article 8, construction, installation, modification, or alteration of buildings, outdoor structures, fences, awnings, outdoor lighting and all other exterior Improvements visible from the roadway are subject to approval of the Architectural Review Committee.

4.5 Sports Apparatus. The Board may establish Rules and Architectural Guidelines regarding the permissibility of and placement, maintenance and use of any temporary or fixed sports apparatus located within a Lot. No sports apparatus shall be installed on a Lot or the exterior of a Residence without the prior approval of the Architectural Review Committee in accordance with Article 8, below.

4.6 Window Coverings. Drapes, window shades, or shutters shall be installed in the windows of all Residences and garages. In no event shall windows be painted, nor shall aluminum foil, newspaper, bed sheets, cardboard orsimilar materials be placed in windows. All window coverings shall be maintained in good repair and condition at all times.

4.7 Signs. All signs shall be in compliance with the City ordinance and to the extent permitted by law, the Board may adopt limitations on signs including, without limitation, restrictions on the size of the signs, the duration of their posting, and their location.

4.8 Antennas. No outside television antenna, aerial, satellite dish or similar device for the transmission or reception of television, radio, satellite, or other signals of any kind, are permitted within the Development, except as provided in this Section. Antennas or satellite dishes with a diameter or diagonal measurement not greater than one (1) meter which are designed to receive direct broadcast satellite services, video programming services via multi-point distribution services, ortelevision broadcastsignals (collectively "Permitted Dishes") may be erected, placed or installed on a Lot, subject to the following restrictions, provided that the application of these restrictions do not unreasonably delay installation or expense, or preclude reception of an acceptable quality signal:
(a) Not Visible from Streets. All Permitted Dishes shall be placed in locations which are not visible from the public or private streets within the Development, where possible. (b) Preferred Placement List. All Permitted Dishes shall be installed at locations in accordance with a prioritized list of placement preferences, if such a list is adopted by the Board. (c) Reasonable Rules. All Permitted Dishes shall be installed in accordance with such reasonable restrictions which may be imposed as part of the Architectural Rules. (d) Post Installation Review. The Architectural Review Committee may review the location and installation of Permitted Dishes after installation. After its review, to the extent permitted by law, the Architectural Review Committee may require a Permitted Dish be moved to a preferred location designated by the Architectural Review Committee.

4.9 Trash Disposal. Trash, garbage, accumulated waste plant material and all other waste and refuse shall be deposited only in covered sanitary containers or recycling containers in accordance with the following provisions:

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(a) Screened Containers. No trash, garbage, rubbish, or other waste material shall be allowed to accumulate on any Lot unless stored in an appropriate sanitary, covered disposal container that is located within the garage of the Owner's Residence. (b) Trash Pickup. The containers may be placed for pickup at a reasonable time prior to trash collection and shall be promptly stored as specified in subsection 4.10(a) after collection.

Solid Waste may require parking restrictions on the collection day ifstaff deems it necessary in order to provide safe and reliable service. There must be sufficientspace so that there is at least three feet (3') between containers and any other obstacles (i.e. utility poles, above-ground utility boxes, etc.).

All containers shall be placed away from parked vehicles and other obstructions. The Board shall adoptRules regulating the placement of containers fortrash collection, including specific limitations on the period of time during which containers may be placed for collection. (c) Trash Storage. No Owner or Resident shall permit or cause any garbage, trash or other waste or refuse to be kept upon any portion of any Lot outside of the Residence or elsewhere in the Development, except in sanitary, covered disposal containers.

4.10 Vehicles and Parking.
(a) Limitations on Types of Vehicles.
(i) Recreational Vehicles. No trailer, motor home, recreational vehicle, camper, or boat shall be parked, kept or permitted to remain within the Development unless placed or maintained completely within an enclosed garage, and provided that the parking of such recreational vehicle or trailer does not displace the parking of otherwise permitted vehicles within the garage. The Board, in its complete discretion and upon such basis and terms as its deems prudent, shall have the power to adopt, modify and repeal Rules permitting the temporary use and parking within the Development of vehicles otherwise prohibited by the provisions of this subsection.
(ii) Commercial Vehicles. No truck, van or commercial vehicle shall be parked, kept or permitted within the Development unless placed or maintained completely within an enclosed garage, except for such limited times as are necessary for deliveries, the performance of maintenance, repair and replacement of Improvements within the Development and other similar situations, and then subject to any Rules adopted by the Board which may include, without limitation, a limit on the time of day or days of the week when such vehicles may be present within the Development. The term "truck, van or commercial vehicles" shall not include sedans or standard size cars, pickup trucks and vans which are used for both business and personal uses, provided that any signs or markings of a commercial or governmental nature on such vehicles shall be unobtrusive as determined by the Board.
(b) Condition of Vehicles. No unreasonably noisy vehicles and no vehicles (including, without limitation, scooters, motorcycles or other motorized devices) emitting foul smelling or offensive exhaust fumes shall be operated within the Development. No dilapidated, unsightly, inoperable, or abandoned vehicle shall be parked, kept or permitted to remain upon any area within the Development unless completely enclosed within a garage. Each vehicle operated or located within the Development shall maintain, and the Board shall have the authority to require written evidence of, current registration which permits the vehicle to be legally operated on public streets.

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(c) No Vehicle Repairs. No vehicle maintenance, or repairs of any kind may be made to vehicles within the Development except: (i) such emergency repairs as are necessary to remove the vehicle fromthe Development; or(ii) within an enclosed garage. Maintenance orregular washing of vehicles is prohibited in paved areas that drain directly into the storm drain system. (d) Parking of Vehicles by Residents.
(i) Garage. Vehicles ofResidents may only be parked whollywithin the garage located on such Owner's Lot.
(ii) Guest Parking Areas. An Owner's guests and invitees may park vehicles in the Owner's garage or on the public street. Vehicles of guests and invitees may be parked within the public roadway subject to any restrictions imposed by the City. Visitors shall not park vehicles within the roadway/driveway marked, designated and/or painted as “No Parking” areas.
(e) Fire Lane Towing. Areas within the Development are labeled “Fire Lane No Parking”. Any vehicle parked within a fire department designated fire lane shall be subject to immediate towing. The Association and each Owner shall immediately authorize the towing of any unauthorized vehicle parked within a designated fire lane. (f) Parking Rules and Enforcement. In order to prevent or eliminate parking problems within the Development, or to further define and enforce the restrictions contained in this Section, the Board shall have the authority to adopt further reasonable rules and restrictions regarding vehicles and parking within the Development as the Board may deem prudent and appropriate. The Board shall also have the power to impose sanctions for violations of provisions of the Governing Documents relating to vehicles and parking. Such authority and power shall include, without limitation:
(i) Towing of Vehicles. The power and authority to cause the towing, at the vehicle owner's expense, of vehicles which are parked within the Development in violation of any of the provisions of the Governing Documents, provided that towing of vehicles of guests, invitees, tenants and other non-Residents of the Development shall be subject to the provisions of applicable law. Costs incurred by the Association relating to the towing and/or storage of any vehicle parked in violation of any provision of the Governing Documents shall be assessed as a Reimbursement Assessment against the Lot Owner responsible or whose household members, tenants, invitees, or guests are responsible forthe presence of such vehicle; and
(ii) Parking Fines. The power and authority to fix and impose fines for violations of this Section.

4.11 Garages. To the extent that the garage is not being used as a Junior Accessory Unit, JADU, the following provisions shall apply to all garages.
(a) Storage. Each Owner shall keep his or her garage in a neat, orderly, sanitary, and safe condition, and shall be available for automobile parking at all times. Storage within a garage shall be incidental to automobile parking.

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(b) No Remodeling. No garage shall be remodeled or used as a workshop, storage space, hobby facility, kitchen, or for any other use or facility which would interfere with the ability of the Resident of the Lot to accommodate the number of full-sized passenger vehicles which the garage would normally be, or was originally, designed to accommodate. In no eventshall any garage be converted to or used as a living area.
(c) Garage Conversion. Garage conversions (partial or whole) shall not be permitted unless the garage is converted in compliance with the specifications of a JADU. Prior to the garage conversion, the Ownershallsubmit plans and specifications to the Architectural Review Committee for review. To the extent that the City will require a building permit for any Improvement, the Owner shall obtain written approval from the City for any construction or modification of the Improvement, including without limitation, a JADU. Upon request, the Owner shall submit a copy of the building permit to the Architectural Review Committee. Upon written approval by the Architectural Review Committee, the Owner may convert the garage into a JADU.

4.12 Compliance with Laws. Nothing shall be done or kept anywhere within the Development which violates any local, state or Federal law, ordinance, statute, rule or regulation.

4.13 Animals.
(a) Household Pets. No animals, reptiles, rodents, birds, fish, livestock, or poultry shall be raised, bred or kept on any Lot or other portion of the Development except that a reasonable number, as determined by the Board, of domesticated birds, cats, dogs or aquatic animals kept within an aquarium, may be kept, provided that they are not kept, bred, or maintained for any commercial purposes and they are maintained under reasonable control at all times, all in conformance with any City ordinances. Each dog must be restrained on a leash held by a responsible person capable of controlling it whenever it is outside of its owner's Lot. (b) Owner's Responsibility for Pets. The owner of each pet shall be responsible for immediately removing and disposing of any waste introduced to any portion of the Development by such pet. The Board shall have the power to impose fines and other sanctions for violations of provisions ofthe GoverningDocuments relating to pets, includingwithout limitation fines forfailure to remove and dispose of pet waste as required by this subsection. Each Owner, Resident, and any person bringing or keeping an animal within the Development shall be absolutely liable to the Association and all other persons for any injury or damage to persons or property caused by the animal brought upon or kept upon the Development by such person or by members of his or her household, tenants, guests, or invitees. Each Owner and Resident shall indemnify the Association and its officers, Directors, and agents against any and all claims, damages, losses, demands, liabilities, and expenses, including but not limited to attorneys' fees, arising out of or resulting from the presence or conduct of any animal brought upon or kept within the Development by the Owner or Resident, members of his or her household, guests, tenants, or invitees. Dog barking audible from within an adjacent Lot's Residence for more than ten (10) minutes within an hour shall constitute a nuisance pursuant to this Declaration.
(c) Pet Rules. The Board may adopt and enforce pet Rules in addition to the provisions of this Section. Such Rules may include, without limitation, regulations regarding the presence of pets on the Association Maintenance Area and requirements that pets be registered with the Association. The Association shall have the right to prohibit the keeping of any animal which constitutes, in the sole and exclusive opinion of the Board, a nuisance or danger to any other person.

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4.14 Rental of Lots. An Owner shall have the right to rent his or her Residence subject to the provisions of this Declaration, including without limitation the following specific requirements:
(a) Notification of the Board. The Owner shall notify the Association of the duration of the lease, a term of which shall not be less than thirty (30) days, and shall provide the Association with (i) the names of the tenants, (ii) the names of the members of the tenants' household, (iii) the tenants' telephone numbers, and (iv) such other information as the Board deems appropriate. The Association may, in its discretion, adopt a form for the provision of the information required by this subsection, together with an acknowledgment by the tenants that they have read, understand and agree to abide by the Governing Documents, which form shall be submitted to the Association for each rental of a Lot.
(b) Owner Responsibility. Each Owner renting a Lot shall be strictly responsible and liable to the Association for the actions of such Owner's tenant in or about all Lots and Association Maintenance Area and for each tenant's compliance with the provisions of all GoverningDocuments.

An Owner renting a Lot shall provide the tenant with copies of the Governing Documents and all subsequent amendments. Owners renting a Residence shall provide the Board with a forwarding address so that the Owner may be contacted.
(c) Indemnification of Association. Every Owner of a Lot that is occupied by persons other than the Owner pursuant to a rental agreement or otherwise, agrees to and shall indemnify and defend the Association, its officers, Directors, managers, and agents and shall hold them harmless from any cost, loss, claim, or damages of any kind, including but not limited to attorneys'fees arising out of the conduct or presence of the occupants of the Lot upon the Development, including any such cost, loss, claim or damages arising or alleged to have arisen out of the enforcement or nonenforcement by the Association of the Governing Documents against such occupants. Without limiting the generality of the foregoing, all costs, including attorneys' fees incurred by the Association to enforce the Governing Documents againstsuch occupants, shall be reimbursed to the Association by the Owner and may be assessed by the Association as a Reimbursement Assessment. (d) Requirements of Written Rental Agreement. Any rental of any Lotshall be only by written rental agreement which shall expressly provide (i) that it is subject to all of the provisions of the Governing Documents, (ii) that the tenants of such Lot shall comply with all provisions of the Governing Documents, and (iii) that any violation of any provisions of the Governing Documents shall constitute a breach and default of the terms of such rental agreement. The rental agreement shall not attempt to, nor shall any such agreement be effective to, transfer membership in the Association to the lessee. Any lease or rental agreement entered into between an Owner and a leasee or renter shall be for a minimum term of thirty (30) days. (e) Requirement ofInclusiveRental Agreement. No Ownermay rent or hire any garage, accessory building, or similar improvement to anyone who does not have the right of possession of the entirety of the Residence on the Lot.

4.15 Clotheslines. No exterior clotheslines or other outside clothes drying or airing facility shall be erected or maintained upon any Lot.

4.16 Activities Affecting Insurance. Nothing shall be done or kept within the Development which will increase the rate of insurance maintained by the Association without the prior written consent of the Association. No Ownershall permit anything to be done or kept within the Development which would result in cancellation of any insurance policy maintained by the Association or any other Owner.

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4.17 No Partition. There shall be no judicial partition of the Development or any part thereof, nor shall any Owner or any person acquiring any interest in the Development or any part thereof seek any judicial partition thereof. Notwithstanding the preceding, if any Lot is owned by two (2) or more co-tenants as tenants in common or as joint tenants, this Section shall not be deemed to prevent a judicial partition by sale as between such co-tenants.

4.18 Family Day Care Centers. No family day care center shall be permitted within the Development except as specifically mandated by California Health and Safety Code Section 1597.40 and other applicable statutes. The owner/operator of any permitted day care facility shall provide the Association with prior written notice as to the facility's operation, and shall comply with all local and state laws regarding the licensing and operation of a day care center and, in addition, shall:
(a) Association Additional Insured. Name the Association as an additional insured on the liability insurance policy or bond carried by the owner/operator of the day care center, in accordance with Health & Safety Code Section 1597.531. This subsection 4.19(a) is intended to be and shall be conclusively deemed to be the written notice to the operator and owner from the Association as specified in Health & Safety Code Section 1597.231; (b) Indemnify. Defend, indemnify and hold the Association harmless from any claim, demand, loss, liability action or cause of action arising out of the existence and operation of the day care center;
(c) Association Rules. Abide by and comply with the Association’s Rules; (d) Responsibility. Supervise and be completely responsible at all times all persons for whom day care services are provided while such persons are within the Development; and (e) Proof of Insurance. Cooperate with the Association if the Association's insurance agent or carrier requires proof of insurance, proof of the agreement of the owner or operator of the center to these provisions, or other reasonable requests.

4.19 Community Care Facilities. Except for residential facilities defined as community care facilities under Health & Safety Code Section 1502, no health care facilities operating as a business or charity shall be permitted in the Development. The owner/operator of any permitted community care facility shall provide the Association with prior written notice as to the facility’s operation, and shall comply with all local and state laws regarding the licensing and operation of a community care facility and, in addition, shall:
(a) Association Additional Insured. Name the Association as an additional insured on the liability insurance policy or bond carried by the owner/operator of the community care facility; (b) Indemnify. Defend, indemnify and hold the Association harmless from any claim, demand, loss, liability action or cause of action arising out of the existence and operation of the community care facility;
(c) Association Rules. Abide by and comply with the Association's Rules; (d) Responsibility. Supervise and be completely responsible at all times all persons for whom community care services are provided while such persons are within the Development; and Flahaven Estates Non-CID
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(e) Proof of Insurance. Cooperate with the Association if the Association’s insurance agent or carrier requires proof of insurance, proof of the agreement of the owner or operator of the community care facility to these provisions, or other reasonable requests.

4.20 Variances. The Board shall be authorized to grant reasonable variances from the provisions of Article 4 ofthis Declaration upon written application fromany Owner provided that the Board determines, in its sole discretion, that the specific application of the restriction to such Owner will: (i) cause substantial undue hardship to the Owner; or (ii) fail to further or accomplish the common plan for the Development as contemplated by this Declaration. The Board shall have the power to limit any variance granted in scope or duration or otherwise impose such specific requirements as the Board may, in its complete discretion, see fit to require. The Board shall follow the following procedures in acting on any request for a variance:
(a) Initial Determination by Board. The Board, in its sole discretion, shall make an initial determination whether or not the variance on its face meets the requirements set forth in this Section. If the Board determines that it does not meet the requirement, the variance request shall be denied and the Board shall so notify the applicant within thirty (30) days of the Board's decision.

If the Board determines that the variance does meet the requirement, the procedures set forth in the remainder of this Section shall be followed.
(b) Board Hearing. The Board shall conduct a hearing on the variance within forty-five days of the receipt of the written request for a variance. Notice shall be given to all Members not less than fifteen (15) days prior to the date of the hearing. Members may submit comments in writing prior to the hearing and/or appear at the hearing. The Board shall establish a reasonable time limit for Member comments during the hearing. No decision regarding the request for variance shall be made until the conclusion of the hearing.
(c) Board Decision. After the conclusion of the hearing, the Board shall, in its sole discretion, either grant or deny the request for variance in accordance with the standards set forth in this Section. As more fully discussed above, if the Board grants the variance request, the Board may impose such conditions as the Board deems appropriate and shallso notify the applicant within thirty (30) days of the Board's decision.

ARTICLE 5 IMPROVEMENTS TO LOTS/RESIDENCES; DISCLOSURES

5.1 Approval by Architectural Review Committee. Except for Improvements constructed or installed by Declarant, no building, fence, wall, pool or spa equipment, or other structure or Improvement shall be erected, altered or placed on any Lot until building plans, specifications and a plot plan showing the location ofstructures on the Lots have been submitted to the ArchitecturalReview Committee forreview and approval as described in Article 8, below.

5.2 Solar Systems. Subject to limitations imposed by California law, the Board shall be entitled to adopt, as part of the Architectural Rules, reasonable regulations regarding the modification of solar systems. These rules may include limitations on placement and design of such systems to the extent necessary to avoid an unsightly appearance from neighboring Lots and the streets and roadways.

5.3 Drainage. No Owner shall do any work, construct any Improvement, place any landscaping or suffer the existence of any condition whatsoever which shall alter or interfere with the drainage pattern for the Owner's or any adjacent Lots as established in connection with the approval of the final Subdivision Map applicable to the Development, except to the extent such alteration in drainage pattern is approved in writing by the City.

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5.4 Photovoltaic Reception. By acceptance of a deed, all Owners agree not to allow any landscaping, including trees, to interfere with the reception of any photovoltaic systems located within the Development.

5.5 Exterior Lighting and Fixtures. Spotlights, floodlights, reflectors, or other types of exterior lighting may be used to illuminate buildings, patios, and landscaped areas on Lots, so long as such lighting is focused and equipped with lenses or other devices so that the illumination is screened and/or directed away from adjacent properties.

5.6 Water Efficient Landscaping. All landscaping and irrigation within the Development shall comply with the City Water Efficient Landscape Ordinance (WELO).

5.7 Addresses. New and existing Residences shall have approved illuminated address numbers or letters that shall contrast with the background and be plainly visible from the street or road fronting the Lot. All address identification shall comply with Fire Department Standards CFC 505.

5.8 Storm Water Mitigation The Property and the development of individual residential Lots are subject to the Storm Water Mitigation, Low Impact Development Best Management Practices and apply to subdivision Improvements and development of all Lots. A copy of the Final Storm Water Lot Impact Development Plan (FSWLID) Plan is on file with the City of Cotati Engineer. A copy of the recorded Declaration of Covenant Regarding Maintenance of Storm Water Best Management Practices (BMP) Facilities shall be provided to all Owners along with a copy of this Declaration.

5.9 Catch Basins. Catch basins within the Development shall be stenciled or marked "No Dumping - Drains to Creek".

5.10 Non-Biodegradable Fertilizers and Pesticides. Non-biodegradable fertilizer and pesticides shall not be used within the Development.

5.11 Fire Safe Plan. Declarant has caused a Fire Safe Plan to be prepared, which has been reviewed and approved by the Rancho Adobe Fire Fire Protection District, and is attached hereto as Exhibit "A". The Association shall be responsible for the implementation of the Fire Safe Plan and following the directives set forth therein.

ARTICLE 6 ASSESSMENTS AND LIENS

6.1 Covenant of Owner.
(a) Owner's Assessment Obligation. Each Owner of a Lot within the Development, by acceptance of a deed or other conveyance thereof, whether or not it shall be so expressed in such deed or conveyance, shall be deemed to have covenanted and agreed to pay to the Association:
(i) Regular Assessments; (ii) Special Assessments; (iii) Reimbursement Assessments; and (iv) Enforcement Assessments levied by the Association as hereinafter provided, together with all Additional Charges. Such deed or conveyance shall be deemed to vest in the Association the right and power to initiate all actions and procedures as the Board shall deem necessary or appropriate for the collection of such Assessments and Additional Charges and for the enforcement of the liens as hereinafter provided.
(b) Owner's Personal Obligation. Each Assessmentlevied by the Association underthis Article, together with all Additional Charges, shall be a separate, distinct, and personal debt and obligation of the Owner against whom it is assessed, and shall bind his or her heirs, devisees, Flahaven Estates Non-CID
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personal representatives, successors, and assigns. Such obligation to pay Assessments and Additional Charges and the right and power of the Association to initiate all actions and procedures for collection shall run with the land, so that each successive Owner or Owners of Record of any Lot shall, in turn, become liable to pay allsuch Assessments and Additional Charges assessed during the time he or she is Record Owner of such Lot. After an Owner transfers of Record any Lot he or she owns, he or she shall not be liable for any Assessments levied thereafter with respect to such Lot.

Such Owner shall remain personally liable, however, for all unpaid amounts due and owing at the time of transfer, together with Additional Charges accruing until time of collection. The seller of any Lot under an installment land contract shall continue to be liable for all Assessments and Additional Charges until a conveyance by deed of such Lot is Recorded.

6.2 Creation of Lien. Each Assessment levied by the Association pursuant to this Declaration, together with all Additional Charges, shall be a charge upon the land and shall be secured by a lien upon the property against which such Assessment is levied, notwithstanding the transfer of Record title to such Lot, and any such transfer shall be subject to the Association's lien, provided that, prior to such transfer, a Notice of Delinquent Assessment has been Recorded as provided in this Declaration. The priority of all such liens on each Lot shall be in inverse order so that upon the foreclosure of the lien for any particular charge on any Lot, any sale of such Lot pursuant to foreclosure of the lien will be made subject to all liens securing the respective monthly Assessments and Additional Charges on such Lot forsucceeding months. Any reference in the Governing Documents to the right of the Association to utilize the power of foreclose with respect to any Association lien, shall only refer to a judicial action and shall specifically not include any form of nonjudicial foreclosure rights set forth in California Civil Code 5700 et seq.

6.3 Purpose of Assessments. The Assessments levied by the Board shall be used exclusively for: (i) managing and operating the Development; (ii) conducting the business and affairs of the Association; (iii) maintaining and promoting the property values of the Owners and Residents of the Development; (iv) improving and maintaining the Association Maintenance Area and, to the extent provided for in the Governing Documents or by law, the Lots situated within the Development; (v) enforcing the Governing Documents; and/or (vi) otherwise benefitting the Owners.

6.4 Authority of the Board. The Board shall have the power and the duty to levy Regular Assessments and Special Assessments sufficient to meet the Association's obligations under the Governing Documents and applicable law.

6.5 Regular Assessment.
(a) Calculation of Estimated Requirement. Not less than thirty (30) days nor more than ninety (90) days prior to the beginning of each fiscal year, the Board shall complete and distribute to all Owners an estimate of the net funds required by the Association forsuch fiscal year (including a reasonable amount allocated to contingencies and to a reserve fund for restoration, repair, and/or replacement of those components for which the Association is responsible and which must be repaired or replaced on a periodic basis) to manage, administer, operate, and maintain the Development; to conduct the affairs of the Association; and to performall of the Association's duties in accordance with this Declaration. The funds required by the Association pursuant to this subsection shall be assessed among the Owners of Lots within the Development as "Regular Assessments" as further provided in this Section 6.5.
(b) Allocation of Regular Assessment. Regular Assessments shall be allocated and assessed equally among the Lots within the Development by dividing the amount by the number of Lots, so that each Lot bears an equal share of the Regular Assessment.

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(c) Payment of Regular Assessments. Unless the Board shall designate otherwise, Regular Assessments shall be levied on an annual basis and shall be paid in twelve (12) equal monthly installments during the fiscal year, and each installmentshall be due and payable on the first day of each month.
(d) Increases in Regular Assessment. The Board shall not increase the Regular Assessment for any fiscal year above the amount of the Regular Assessment for the preceding fiscal year by more than twenty percent (20%), except upon the affirmative vote or written consent of a majority of Owners. The limitation imposed upon the Board pursuant to this Section 6.5(d) shall not apply to any increase in Regular Assessments required to fund any maintenance, repair, or replacement of any Improvement subject to Section 7.1(b) or (c), below. (e) Commencement of Regular Assessment. Regular Assessments shall commence as to each Lot within the Development on the first day of the first month following the month in which the first conveyance occurs for the sale of a Lot to a person other than Declarant. Each Lot within the Development shall thereafter be subject to its share of the then established annual Regular Assessment. The first annual Regular Assessment shall be pro rated, if necessary, according to the number of months remaining in the fiscal year established by the Association. (f) Partial Assessment Exemption for Uncompleted Association Maintenance Area.

All Owners, including Declarant, shall be exempt from the payment of that portion of any Regular Assessment which is for the purpose of defraying expenses and reserves directly attributable to the existence and use of any Association Maintenance Area Improvement that is not completed at the time Assessments commence. The Assessment exemption provided by this subparagraph shall be in effect only until the earliest of the following events: (A) a notice of completion of the Association Maintenance Area has been Recorded; or (B) the Association Maintenance Area Improvement has been placed in use.

6.6 Special Assessments.
(a) Purpose of Special Assessments. If at any time during any fiscal year the Regular Assessment proves inadequate for any reason, including nonpayment of any Owner's share thereof or the unexpected repair, replacement, or reconstruction of Improvements located in the Development, or if funds are otherwise required for any authorized activity of the Association, the Board may levy a Special Assessment in the amount of such actual or estimated inadequacy or cost. (b) Allocation of Special Assessments. Special Assessments shall be allocated and assessed among the Lots within the Development in the same manner as Regular Assessments. (c) Approval of Special Assessments. Except in the case of an emergency situation, in any fiscal year the Board may not levy Special Assessments which, in the aggregate, exceed five percent (5%) of the budgeted gross expenses of the Association for that fiscal year, except upon the affirmative vote or written consent of a majority of the Owners.

6.7 Reimbursement Assessments. The Association shall levy a Reimbursement Assessment against any Owner and his or her Lot: (i) if a failure by such Owner, or any person or pet for whom the Owneris responsible, to comply with any provision ofthe Governing Documents has necessitated orresulted in an expenditure of funds by the Association to deal with such lack of compliance or to bring such Owner or his Lot into compliance; or (ii) in the event that the Association has expended funds performing repairs as authorized by Section 7.4 of this Declaration or for any other reasons specifically authorized by the provisions of this Declaration. A Reimbursement Assessment shall include any costs, including attorneys' Flahaven Estates Non-CID
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fees, incurred by the Association, including costs of collecting from an Owner any amount which the Owner is obligated to pay to the Association. A Reimbursement Assessment shall be due and payable to the Association when levied.

6.8 Enforcement Assessments. The Board may levy an Enforcement Assessment (and any fine imposed by the Board in accordance with the provisions of the Governing Documents shall be deemed to be such an Enforcement Assessment), for violation of any of the provisions of the Governing Documents. Any Enforcement Assessment shall be due and payable to the Association when levied.

6.9 Failure to Fix Assessments. The failure or omission by the Board to fix or levy any Regular Assessment provided for by the terms of this Declaration before the expiration of any fiscal year, for that fiscal year or the next fiscal year, shall not be deemed either a waiver or a modification in any respect of the provisions of this Declaration, or a release of any Owner from the obligation to pay Assessments or any installment thereof for that or any subsequent year, but the amount of the Regular Assessment fixed for the preceding fiscal year shall be the amount of the Regular Assessment for the ensuing fiscal year until a new Regular Assessment is levied.

6.10 Offsets. Except as permitted by subsection 6.5(f), above, all Assessments levied by the Board shall be payable in the full amount specified, including any Additional Charges imposed as provided by the terms of this Declaration, and, except as provided in this Section, no offsets against any such amounts shall be permitted for any reason whatsoever, including without limitation a claim that the Association has failed to properly exercise its duties of maintenance or enforcement. Declarant and the Association may enter into a written agreement which permits Declarant to perform Association maintenance obligations or other services in exchange for an offset in Assessments.

6.11 Delinquent Assessments. Any Assessment payment, including any installment payment, shall become delinquent if payment is not received within fifteen (15) days after its due date. There shall be a late charge of ten percent (10%) or ten dollars ($10.00), whichever is greater. A late charge may not be imposed more than once on any delinquent payment, but it shall not eliminate or supersede any charges imposed on prior delinquent payments. Interest also shall accrue on any delinquent payment at the highest rate allowed by law. Interest shall commence thirty (30) days after the Assessment becomes due.

6.12 Collection of Assessments.
(a) Liquidated Damages. The Association may enforce delinquent Assessments, including delinquent installments, by suing the Owner directly on the debt established by the Assessment. If the Association successfully sues an Owner for the nonpayment of Assessments, the Board shall be entitled to collect delinquent Assessments, accompanying late charges, penalties, or interest, reasonable attorneys' fees and costs and liquidated damages for the burden and expense of enforcement. Such liquidated damages shall be a sum equal to fifty percent (50%) of the amount of delinquent Assessments owed to the Association by the Owner. Such liquidated damages represent a reasonable sum considering the Association's small size, limited resources, and the significant burden placed on the Board to prosecute its collection efforts, and represents a fair and reasonable estimate of the costs that will be sustained by the Association due to the undertaking of an enforcement action, including administrative and other overhead costs. Each Owner by acceptance of the deed to a Lot each acknowledge that proof of actual damages would be costly and inconvenient.

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(b) Owners' Consent to Liens. If an Owner is delinquent more than sixty (60) days in the payment of Assessments, the amount of the Assessments, together with any late charges, interest and costs (including reasonable attorneys' fees) attributable thereto or incurred in the collection thereof, shall become a lien upon the Lot of the Owner so assessed upon the Recordation of a notice of delinquent assessment . The notice of delinquent assessments shallset forth: (i) the amount of the delinquent Assessment(s) and other sums duly imposed pursuant to this Article; (ii) the legal description of the Owner's Lot against which the Assessments and other sums are levied; (iii) the name of the Owner of such Lot; and (iv) the name and address of the Association. Upon payment in full of the sums specified in the notice of delinquent assessment, the Board shall Record a further notice stating the satisfaction and release of the lien thereof and a reasonable charge can be imposed for the preparation and recordation of that release. The lien prescribed by this subsection may only be enforced by judicial action and shall not be enforceable by any form of non-judicial foreclosure or by a power of sale under Civil Code Sections 2924, 2924b, and 2924c. Each Owner by acceptance of the deed to a Lot consents to the Association the right to Record a lien pursuant to this subsection 6.12(b).

6.13 Certificate of Satisfaction and Release of Lien. Upon payment in full of a delinquent Assessment, including any Additional Charges, or the satisfaction thereof, the Board shall Record, in the same manner as the notice of delinquent assessment, a further certificate stating the satisfaction thereof and the release of the lien.

6.14 Priority. The lien of the Assessments provided for under this article, including interest and costs (including attorneys' fees), shall be prior and superior to: (i) any declaration of homestead Recorded after the Recordation of this Declaration; and (ii) all other liens, except: (1) all taxes, bonds, assessments and other levies which, by law, would be superior thereto; and (2) the lien or charge of any First Mortgage of Record made in good faith and for value and Recorded prior to the date on which a lien against the respective Lot was Recorded. Sale or transfer of any Lot shall not affect the Assessment lien. However, the sale or transfer of any Lot pursuant to judicial or nonjudicial foreclosure of a First Mortgage shall extinguish the lien of such Assessments as to payments which became due prior to such sale or transfer. Such foreclosure sale shall not relieve such property from liability for any Assessments and Additional Charges thereafter becoming due, nor from the lien of any subsequent Assessment.

6.15 Association Funds. All Association accounts shall be maintained in one or more banks or other depositories selected by the Board, which accounts shall be clearly designated as belonging to the Association. The Assessments collected by the Association shall be properly deposited into such accounts.

The Assessments collected by the Association shall be used for the purposes set forth in Section 6.3, above.

6.16 Waiver of Exemptions. Each Owner, to the extent permitted by law, does hereby waive, to the extent of any liens created pursuant to this Article, the benefit of any homestead or exemption laws of the State of California in effect at the time any Assessment or installment thereof becomes delinquent or any lien is imposed pursuant to the terms of this Article.

ARTICLE 7 IMPROVEMENTS; DISCLOSURES; MAINTENANCE OF PROPERTY

7.1 Association Maintenance Responsibilities.
(a) Association Maintenance Area, Generally. The Association shall maintain, repair and replace the Association Maintenance Area and all facilities, and Improvements thereon, to include, but not limited to the landscaped area between the end of the Longship Lane street improvements and the subdivision boundary (to include irrigation), sound barrier wall adjacent to Old Redwood Highway and the water retention area, and bioretention facilities along Old Redwood Flahaven Estates Non-CID
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Highway and within the internal streets - Viking Way and Longship Lane, and all other real and personal property that may be acquired or controlled by the Association, keeping such property in good condition and repair. The Board shall have the discretion to determine the nature, extent and level of care to be performed by the Association in discharging its obligations under this Article. (b) Fire Safe Plan. Maintenance of the Development shall be in accordance with the Fire Safe Plan, attached hereto as Exhibits “A”.
(c) Benefit Use Easement. The Association shall be responsible for monitoring the use of the Benefit Use Easement in accordance with the provisions of Section 9.7, below. (d) Storm Water Lot Impact Development Best Management Practices (SWLID BMP) Facilities. The Association shall maintain the SWLID facilities in accordance with the recorded Declaration ofCovenantRegardingMaintenance of StormWaterBest Management Practices(BMP) Facilities.
(e) Association Inspections. TheAssociation shall adopt an inspection and maintenance manual for the periodic inspection and maintenance of the Association Maintenance Area. Such maintenance inspection may be undertaken by a qualified reserve study analyst as part of the Association reserve study. The Board may, from time to time, make appropriate revisions to any maintenance manual based on the Board's review thereof, to update such manual to provide for maintenance according to current industry practices so long as such changes do not reduce the useful life or functionality of the items being maintained.

7.2 Owners' Responsibilities. Except as specified in Section 7.1, above, each Owner shall be solely and exclusively responsible for the maintenance, repair and replacement of his or her Lot and all Improvements thereon, and shall keep the same in good and attractive condition and repair. Each Owner's obligations shall include, without limitation, the following:
(a) Residence and Other Improvements. Each Owner shall maintain, in good and attractive condition and repair, the Residence and other buildings and Improvements located on his or her Lot, including, but not limited to, the exterior light fixtures at the front and rear of the Residences. The garage door for the garage of the Residence shall be maintained in good condition, appearance and repair. Each Ownershall cause the removal of any graffiti on their Residence which extends from the stucco exterior inward within seven (7) days of when it appears. (b) Planter and Landscape Strips. Each Ownershall maintain the planter and landscape strips adjacent to their lot and the public street.
(c) Fire Safe Plan. Owners shall maintain their Lots in accordance with the Fire Safe Plan.
(d) Owner's Responsibility forConsequentialDamagestoLot. AnOwneris responsible for the cost of repair of those portions of the Owner's Lot, including any fence or wall located on the Owner's Lot, even if the cause of the damage originates froma source maintained by the Association, unless the cause is the gross negligence of the Association or its agents. As an example, shrub-root damage to a fence or wall that is caused by an Association-maintained shrub is the responsibility of the Owner even though the maintenance of the shrub is the responsibility of the Association.

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(e) Utility Connections. Utility lines and connections, including without limitation, water, sewer, electrical, cable television, telephone and gas lines, which are located on, under, or over any Lot and which provide service to the Residence or other Improvements located upon such Lot, shall be maintained, repaired and replaced by the Owner of such Lot or by the utility company providing such service.
(f) Fences. Each Owner shall maintain, repair and replace all fences and party walls in accordance with the following provisions. Each fence and wall placed on the dividing Lot line between two (2) Lots shall constitute a party wall. The provisions of California Civil Code Section 841, as well as the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto. (i) Sharing of Repair and Maintenance. The cost of maintenance and repair of a fence, party wall or retaining wall shall be equally shared by the Owners who make use of the fence or wall without prejudice, however, to the right of any such Owners to call for a larger contribution fromthe others under California Civil Code Section 841, as well as any rule of law regarding liability for negligent or willful acts or omissions. (ii) Material and Appearance. Replacement fencing shall be of the same material and appearance to match existing fencing, unless agreed to by both owners that share the party wall.
(g) Shared Driveways. Lots 14 and 15, 17 and 18, and 32 and 33, respectively, are subject to and served by a common driveway (“Shared Driveway”). The Owners of Lots 14 and 15, 17 and 18, and 32 and 33, respectively, shall be subject to the recorded Shared Driveway Agreements, which include the following rights and obligations with respect to maintenance of the Shared Driveway serving their respective Lots:
(i) Maintenance Costs. Except as provided in subsection 7.2(g)(ii), below, the Owners of Lots sharing the Shared Driveway shall equally share the responsibility for the maintenance and repair the Shared Driveway so as to keep the Shared Driveway in a neat, clean, safe and attractive condition at all times, and shall share the cost thereof on an equal basis as provided herein. The maintenance and repair work to be performed shall include, but not be limited to, keeping the surface of the Shared Driveway in a clean and safe condition, free of large cracks and/or separations in the concrete, weeds and debris. The Owners understand and agree that the establishment of the Shared Driveway includes, as incidental thereto, reasonable rights of ingress, egress and access over those portions of the Lots as may be reasonably necessary to perform the necessary maintenance and repairs to the Shared Driveway and/or to any utilities located thereon. Each Owner acknowledges and agrees that the cost sharing provisions set forth herein are intended to constitute an agreement for purposes of Section 845(b) of the California Civil Code which may be enforced by any of the Owners.
(ii) Damage by Owners. If an Owner or the such Owner's Residents, contractors, agents, guests or invitees cause or allow the Shared Driveway to be used in any manner which results in unusual wear or damage to the surface of the Shared Driveway, such Owner shall be exclusively responsible for the costs of repairing such damage.

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(iii) Emergency Repairs to Shared Driveways. Whenever emergency repairs of the Shared Driveway are necessary, either Owner may contract for emergency repairs. If non-emergency repairs are required, either Owner maymove to obtain bids for the work and contract for the repair after written notice to the other Owner. Upon incurring such costs, the Owner may request from other Owner such other Owner’s proportionate share of the expense involved and the other Owner shall have fifteen (15) days in which to pay his proportionate shares of such expense. If such other Owner is late in making the required payment, interest shall accrue on the unpaid amount at the rate of six percent (6%) per annum, but in no event more than the highest rate permissible by law. (iv) Non-Exclusive Easement. Owners of Lots 14 and 15, 17 and 18, and 32 and 33, hereby grants unto each other and the other's successors and assigns, subject to encumbrances of record, non-exclusive easements which will run with the land to use the portion of the Shared Driveway located on each other's Lot for purposes of vehicular and pedestrian ingress, egress and access, and for the installation, maintenance and repair of utilities (including, but not limited to, gas, electricity, telephone, cable television, water and sewer lines and related facilities). The aforesaid easements over the Shared Driveway shall also include, as incidental thereto, reasonable rights for the drainage of surface runoff waters. At no time will either Lot Owner park vehicles on or otherwise obstruct in any way all or any portion of the Shared Driveway.
(v) Owner Indemnity. Owners shall indemnify and hold each other harmless from and against any and all liabilities, claims, demands, expenses, judgments or costs of any kind resulting from the use of the portion of Shared Driveway by each Owner, its tenants, contractors, agents, guests and invitees.
(vi) Enforcement. If an Owner subject to this subsection 7.2(g), after demand in writing, to pay the expense described in subsections 7.2(g)(i) or (ii), above, the Owners benefitting from the Shared Driveway may bring an action against the non-paying Owner in a court of competent jurisdiction, for contribution and costs of such legal action, including attorneys' fees and costs.

7.3 Owner Failure to Maintain. The Board shall have the absolute discretion to determine whether any maintenance, repair, or replacement which is the responsibility of an Owner is necessary to preserve the appearance and value of the property comprising the Development, or any portion thereof, and may notify an Owner of the work the Board deems necessary. Subject to the authority of the Board to authorize immediate emergency repairs as specified in Section 7.5, in the event an Owner fails to perform such work within thirty (30) days after notification by the Board to the Owner, the Board may, after written notice to the Owner and the right of a hearing before the Board, cause such work to be done and charge the cost thereof to the Owner as a Reimbursement Assessment.

7.4 Owner Liability. In the event the need for any maintenance, repair, or replacement by the Association is caused by the willful or negligent act or omission of an Owner, members of any Owner's household, or an Owner's tenants, guests, invitees, or household pets, the cost of such maintenance, repair, or replacement, including the cost of materials, labor, supplies, and services shall be charged to, and paid by, such Owner in the form of a Reimbursement Assessment.

7.5 Authority for Entry of Lot. The Association or its agents may enter any Lot, whenever such entry is necessary, in the Board's sole discretion, in connection with the performance of any maintenance, repair, construction, or replacement for which the Association is responsible or which it is authorized to perform, including without limitation the authorization provided in Section 9.4. Although under no Flahaven Estates Non-CID
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obligation to do so, the Board, in its complete and sole discretion, may enter or may authorize the Association's agents to enter any Lot to effect emergency repairs where such repairs are necessary forsafety reasons or to prevent or discontinue damage to the entered Lot, any other Lot or the Association Maintenance Area. The cost of performing any such emergency repairs shall be charged to the Owner as a Reimbursement Assessment. Such entry shall be made with as little inconvenience to the Residents as practicable and only upon reasonable advance written notice of not less than twenty-four (24) hours, except in emergency situations.

7.6 Cooperative Maintenance Obligations. To the extent necessary or desirable to accomplish the Association's maintenance and repair obligations hereunder, individual Owners shall cooperate with the Association and its agents and maintenance personnel in the prosecution of its work.

7.7 Association Liability. The Association shall not be responsible or liable for any maintenance, repair, or replacement of a Lot or any Improvement thereon, except to the extent that the need for such maintenance, repair, or replacement results from the negligence or fault of the Association, its employees, contractors, or agents.

7.8 Board Discretion. The Board shall have the discretion to determine the manner, method, extent and timing ofthe performance of any and allmaintenance, repair and replacement obligations imposed upon the Association by this Article.

7.9 Inspection of Property Maintained by Association. For all property and Improvements required to be maintained by the Association pursuant to Section 7.1, above, the Board shall cause the inspection of the condition ofsuch property and Improvements as provided in this Section. Inspections shall be conducted in accordance with any applicable maintenance manuals, and in the absence of inspection frequency recommendations in any applicable maintenance manuals, at least once every three (3) years.

7.10 Common Utilities. Common utility lines and connections, including without limitation, water, sewer, storm drains, electrical, cable television, telephone, telecommunication, and gas lines, which are located on, under, or over the streets and roadways, shall be maintained, repaired and replaced by all of the Owners jointly and in equal shares up to the point the line services an individual Residence or by the utility company providing such service.

7.11 Compliance With Architectural Provisions. An Owner's right and responsibility for maintaining, repairing or replacing any portions of his or her Lot, including landscaping, shall be subject to any applicable provisions of this Declaration.

ARTICLE 8 ARCHITECTURAL CONTROL

8.1 Submission of Plans and Specifications. Except for Improvements made or constructed by or on behalf of the Declarant, no Improvements including without limitation landscaping, Residences, buildings, fences, walls, obstructions, balconies, screens, patio covers, awnings, or other structures of any kind, shall be commenced, located, erected, painted, or maintained within the Development, nor shall any exterior addition to or change or alteration therein be made, until the plans and specifications showing the nature, kind, shape, color, height, size, materials, and location of the same shall have been submitted to and approved in writing by the Architectural Review Committee as to: (i) quality of workmanship and design; (ii) harmony of external design in relation the nature and character ofthe Development and the Improvements thereon; and (iii) location in relation to surrounding structures, topography, finished grade elevation.

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Improvements on his or her Lot in an identical color and finish without the approval of the Architectural Review Committee.

8.2 Establishment of Architectural Review Committee.
(a) Initial Declarant Appointments. The ArchitecturalReview Committee shall consist of three (3) members. Declarant may appoint all of the members of the Architectural Review Committee and all replacements until each Lot within the Development is improved with a completed Residence and landscaping.
(b) Board as Committee. Following the completion of all Residences and all initial landscaping within the Development, the Board shall exercise the functions of the Architectural Review Committee in accordance with the terms of this Article.

8.3 Duties. Itshall be the duty of the Architectural Review Committee to consider and act upon proposals or plans submitted to it, to perform other duties delegated to it by the Board, and to carry out all other duties imposed upon it by this Declaration. All decisions regarding proposed Improvements shall be made in good faith and shall not be unreasonable, arbitrary, or capricious.

8.4 Meetings. The ArchitecturalReview Committee shallmeet as necessary to properly perform its duties hereunder. Every act done or decision made by a majority of the members of the Architectural Review Committee shall be the act or decision of the Architectural Review Committee. The Architectural Review Committee shall keep and maintain a record of all actions taken by it at such meetings or otherwise. The Architectural Review Committee and its members shall be entitled to reimbursement for reasonable out-of-pocket expenses incurred by them in the performance of any Architectural Review Committee function.

8.5 Architectural Rules. The Board may, from time to time, adopt, amend, and repeal rules and regulations to be known as Architectural Rules. The Architectural Rules shall interpret and implement the provisions of this Article by setting forth the standards and procedures for Architectural Review Committee review and guidelines for architectural design, placement of Residences and otherstructures, colorschemes, exterior finishes and materials, and similar features which are recommended for use in the Development; provided, however, that the ArchitecturalRules shall not be in derogation ofthe minimumstandards required by this Declaration. The Architectural Rules may also impose limits on the days and hours of construction and impose any other restrictions and regulations which the Board deems appropriate to limit the impact of construction activities on the Residents.

8.6 Application. Any Owner proposing to perform any work of any kind whatever, which requires prior approval pursuant to this Article, shall apply for approval by notifying the Association, in writing, of the nature of the proposed work and furnishing such information and documentation as the Architectural Review Committee or Board may require, including without limitation samples of proposed paints in such sizes and formats as the Committee or the Board may deem appropriate. In accordance with subsection 10.5(c), and in addition to any other remedies the Association may have, the Board may impose a fine against any Owner who fails to submit an application, and obtain the required approval thereof, prior to proceeding with any Improvement for which approval is required pursuant to this Article. Except as provided in the last sentence of Section 8.1, any Owner who paints his or her Residence or any other Improvement without firstsubmitting an application and obtaining the approval required by this Article may be required, in the Board's discretion, to repaint the Residence or Improvement.

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8.7 Fees. The Architectural Review Committee may charge a reasonable fee or fees for its review of architectural or landscaping applications, drawings, plans, and specifications which may include the cost of retaining outside consultants including but not limited to architects, engineers, soils experts, or contractors. In addition to review fees, the Architectural Review Committee may require an Owner to post a deposit for major or even minor Improvements when submitting plans to the Committee to ensure compliance with the Architectural Rules and this Declaration. The Committee shall establish a schedule or formula for determining a different amount of the deposit, and may require a separate deposit for proposed landscaping improvements. Owners acknowledge that all or a portion of any deposit may be forfeited to the Architectural Review Committee if the Owner fails to properly and timely complete works of Improvement in accordance with approved plans and specifications or if an Owner or an Owner's agents cause damage to the Association Maintenance Area. Priorto any depositforfeiture, the ArchitecturalReview Committee shall provide the Owner with notice and an opportunity to be heard.

8.8 Grant of Approval. The Architectural Review Committee shall grant the requested approval only if:
(a) Application. The Owner has complied with the provisions of Sections 8.6 and 8.7, above, and this Section 8.8;
(b) Compliance with Plans and SpecificationsRequirements. TheArchitecturalReview Committee finds that the plans and specifications conform to both: (i) this Declaration; and (ii) the Architectural Rules in effect at the time such plans were submitted to the Committee, unless a variance is granted from such Architectural Rules pursuant to Section 8.18; (c) Compliance with Aesthetics and Design Requirements. The Architectural Review Committee determines that the proposed Improvements would be consistent with the standards of the Development and the purposes of this Declaration as to quality of workmanship, design and materials, as to harmony of exterior design with the existing structures, and as to location with respect to topography and finished grade elevations; and (d) Compliance With Law. The decision regarding the requested approval of the proposed Improvement does not violate any governing provision of law, including but not limited to, the Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900 of Division 3 of Title 2 of the Government Code), or a building code or other applicable law governing land use or public safety.

8.9 Formof Approval. All approvals and denials of requests for approvalshall be in writing and no verbal approval of a request for approval is permitted by any member of the Architectural Review Committee or the Association. The Architectural Review Committee may approve a request for approval subject to the Owner's consent to any modifications made by the Architectural Review Committee. If the Owner does not consent to the modifications, the request for approval shall be deemed denied in its entirety.

8.10 Appeal of Denial to Board. Unless the Architectural Review Committee is comprised of the Directors, who make their decision at a Board meeting, if an Owner's Improvement application is disapproved bytheArchitecturalReview Committee, the applicantshall be entitled to requestreconsideration by the Board. The Board shall consider the reconsideration request at a regular or special meeting of the Board.

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8.11 Time for Architectural Review Committee Action. Any request for approval which has not been acted upon by the Architectural Review Committee within forty-five (45) days from the date of receipt thereof by the Architectural Review Committee shall be deemed approved. The Owner requesting approval shall have the burden of establishing the date of receipt of the request for approval by the Architectural Review Committee by evidence in the form of either a copy of such request for approval date-stamped by the Association or by a return receipt provided by the U. S. Postal service acknowledging that such request for approval was delivered to the Association.

8.12 Commencement. Upon receipt of approval pursuant to this Article, the Ownershall, as soon as practicable, satisfy all conditions thereof and diligently proceed with the commencement and completion of all installation, construction, reconstruction, refinishing, alterations, and excavations pursuant to such approval, commencement to occur, in all cases, within ninety (90) days from the effective date of such approval or upon such later date as the Board may in its discretion designate. If the Owner shall fail to comply with this paragraph, any approval previously given shall be deemed revoked unless the Board, upon written request of the Owner made prior to the expiration of the time for commencement, extends the time for such commencement. No such extension shall be granted except upon a finding by the Board that there has been no change in the circumstances upon which the original approval was granted.

8.13 Completion. The Owner shall, in any event, complete the installation, construction, reconstruction, refinishing, or alteration of any Improvement, within two (2) years after commencing construction thereof, except and for as long as such completion is rendered impossible or would result in great hardship to the Owner due to strikes, fires, national emergencies, natural calamities, or other supervening forces beyond the control of the Owner or his agents. If an Owner fails to comply with this Section, the Board shall proceed as though the failure to complete the Improvements was a non-compliance with approved plans.

8.14 Inspection. Inspection of work and correction of defects therein shall proceed as follows:
(a) Owner's Notice of Completion. Upon the completion of any installation, construction, reconstruction, alteration, or refinishing of the exterior of any Improvements, or upon the completion of any other work for which approved plans are required under this Article, the Owner shall give written notice thereof to the Architectural Review Committee. (b) Committee Inspection. Within sixty (60) days after the receipt of such written notice, the Architectural Review Committee, or its duly authorized representative, may inspectsuch Improvement to determine whetherit was installed, constructed, reconstructed, altered, orrefinished to substantial compliance with the approved plans. Ifthe ArchitecturalReview Committee finds that such installation, construction, reconstruction, alteration, or refinishing was not done in substantial compliance with the approved plans, it shall notify the Owner in writing of such non-compliance within such sixty (60) day period, specifying particulars of non-compliance and shall require the Owner to remedy such non-compliance.
(c) HearingRegardingNon-Compliance. If the Ownershall have failed to remedy such non-compliance upon the expiration of thirty (30) days from the date of such notification, the Architectural Review Committee shall notify the Board in writing of such failure. The Board shall then set a date on which a hearing before the Board shall be held regarding the alleged noncompliance. The hearing date shall be not more than thirty (30) nor less than fifteen (15) days after notice of the non-compliance is given to the Board by the Architectural Review Committee. Notice of the hearing date shall be given at least ten (10) days in advance thereof by the Board to the Owner, to the Architectural Review Committee and, in the discretion of the Board, to any other interested party.

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(d) Determination of Non-Compliance. At the hearing the Owner, the Architectural Review Committee and, in the Board's discretion, any other interested person, may present information relevant to the question of the alleged non-compliance. After considering all such information, the Board shall determine whether there is a non-compliance, and, if so, the nature thereof and the estimated cost of correcting or removing the same. If a non-compliance exists, the Board shall require the Owner to remedy or remove the same within a period of not more than fortyfive (45) days from the date of the Board's ruling. If the Owner does not comply with the Board's ruling within such period or within any extension of such period as the Board, in its discretion, may grant, the Board, at its option, may either, grant a variance for such non-compliant Improvement, remove the non-complying Improvement, or remedy the non-compliance and all expenses incurred in connection therewith shall be assessed against the Owner as a Reimbursement Assessment. (e) Failure to Notify Owner of Non-Compliance. If, for any reason, the Architectural Review Committee fails to notify the Owner of any non-compliance within sixty (60) days after receipt of a notice of completion from the Owner, the Improvement shall be deemed to be in accordance with the approved plans. The Owner shall have the burden of establishing the date of receipt of the notice of completion by the Architectural Review Committee by evidence in the form of either a copy of such notice date-stamped by the Association's office or by a return receipt provided by the U. S. Postal service acknowledging that such notice was delivered to the Association.

8.15 Non-Waiver. The approval by the Architectural Review Committee of any plans, drawings, or specifications for any work done or proposed, or for any other matter requiring the approval of the Architectural Review Committee under this Declaration, shall not be deemed to constitute a waiver of any right to withhold approval of any similar plan, drawing, specification, or matter subsequently submitted for approval.

8.16 Estoppel Certificate. Within thirty (30) days after written demand is delivered to the Association by any Owner, and upon payment to the Association of a reasonable fee (as fixed from time to time by the Board), the Board shall issue an estoppel certificate, certifying (with respect to any Lot of such Owner) that as of the date thereof, either: (i) all Improvements made and other work completed by such Owner comply with this Declaration; or (ii) such Improvements or work do not so comply, in which event the certificate shall also identify the non-complying Improvements or work and set forth with particularity the basis of such non-compliance. Any purchaser from the Owner, or from anyone deriving any interest in a Lot through him, shall be entitled to rely on such
certificate with respect to the matters therein set forth, such matters being conclusive as between the Association and all Owners and such persons deriving any interest through them.

8.17 Liability. Neither Declarant, Association, Board, the Architectural Review Committee nor any member or representative thereofshall be liable to the Association or to any Owner for any damage, loss, or prejudice suffered or claimed on account of: (i) the approval or disapproval of any plans, drawings, and specifications, whether or not defective; (ii) the construction or performance of any work, whether or not pursuant to approved plans, drawings, and specifications; (iii) the development of any portion of the Development; or (iv) the execution and filing of an estoppel certificate pursuant to Section 8.16, whether or not the facts therein are correct; provided, however, that the Architectural Review Committee, the Board or any member or representative thereof has acted in good faith on the basis of such information as may be possessed by it, him or her. Without in any way limiting the generality of the foregoing, the Architectural Review Committee, the Board or any member or representative thereof, may, but is not required to, consult with or hear the views of the Association or any Owner with respect to any plans, drawings, specifications, or any other proposal submitted to the Architectural Review Committee. Every Owner, by acquiring title Flahaven Estates Non-CID
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to a Lot or portion thereof agrees not to bring any action or suit against Declarant, Association, Board, the Architectural Review Committee, or their members or representatives seeking to recover any such damages.

8.18 Variances.
(a) Reasonable Variances. The Architectural Review Committee, in its sole discretion, shall be entitled to allow reasonable variances in any procedures specified in this Article and those minimum construction standards in Article 5 in order to overcome practical difficulties, avoid unnecessary expense or prevent unnecessary hardships. The Committee shall not grant any variance of a requirement in the Association’s Governing Document which is imposed pursuant to the Conditions of Approval without the written consent of the City to such proposed variance. (b) Criteria for Variances. The Architectural Review Committee must make a good faith written determination that the variance is consistent with one or more of the following criteria:
(i) the requested variance will not constitute a material deviation from any restriction contained herein or that the variance proposal allows the objectives of the violated requirement(s) to be substantially achieved despite noncompliance; or (ii) that the variance relates to a requirement land use restriction orminimumconstruction standard otherwise applicable hereunderthat is unnecessary or burdensome under the circumstances; or (iii) that the variance, if granted, will not result in a material detriment, or create an unreasonable nuisance with respect, to any other Lot or Association Maintenance Area within the Development. At the request of the Architectural Review Committee the Association Board is authorized and empowered to execute and Record a notice of any variance granted pursuant to this Section in a form acceptable to the County Recorder's Office.

8.19 Compliance With GovernmentalRequirements. The application to the ArchitecturalReview Committee, and the review and approval of any proposals, plans, or other submittals, shall in no way be deemed to be satisfaction of or compliance with any building permit process or any other governmental requirements, the responsibility for which lies solely with the respective Owner, nor shall it constitute the assumption of any responsibility by or impose any liability on Declarant, Association, Board, the Architectural Review Committee, or their members as to the accuracy, efficacy, or sufficiency of such proposals, plans or other submittals.

ARTICLE 9 EASEMENTS

9.1 Easements in General. In addition to all easements reserved and granted on the Subdivision Map and the easements specified in Article 3, there are hereby specifically acknowledged, reserved and granted for the benefit of the Lots and the Owners in common and for each Lot and Owner severally, and for the Association, as their respective interests shall exist, the easements and rights of way as particularly identified in this article.

9.2 Utility Easements. Easements over and under the Development or any portion thereof for the installation, repair, maintenance, and replacement of: (i) electric, telephone, water, gas, and sanitary sewer lines, meters, and facilities; (ii) cable lines and facilities; (iii) drainage facilities; (iv) walkways; and (v) landscaping, as shown on the Subdivision Map, and as may be hereafter required or convenient to service the Development, are reserved by and shall exist in favor of the Association, together with the right to grant and transfer the same. The Association shall maintain all utility installations located in the Association Maintenance Area except for those installations maintained by utility companies, public, private, or municipal.

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9.3 Easements Granted by Board.
(a) Non-Exclusive Easements. The Board shall have the power to grant and convey to any person or entity non-exclusive easements and rights of way, in, on, over, or under the Development and to the extent necessary, the Association Maintenance Area for the purpose of:
(i) constructing, erecting, operating, or maintaining thereon, therein, or thereunder overhead or underground lines, cables, wires, conduits, or other devices for electricity, cable television, power, telephone, public sewers, storm drains and pipes, water systems, sprinkler systems, water, heating and gas lines or pipes, and any similar public or quasi-public improvements or facilities signage, including commercial signs; and (ii) for any other purposes deemed by the Board to be appropriate and not inconsistent with the purposes and interests of the Association. Each Owner, in accepting a deed to a Lot, expressly consents to such easements and rights of way. No such easements may be granted if they would materially interfere with the use, occupancy, or enjoyment by an Owner or Resident of his or her Lot without the consent of the affected Owner of the Lot. (b) Exclusive Use Common Maintenance Area Easements. The Board shall have the authority to execute and Record a maintenance agreement designating portions of the Development and the Association Maintenance Area as exclusive use and maintenance areas for the benefit of an appurtenant Lot, for the purpose of promoting an efficient division of the use and maintenance responsibilities between the Owners and the Association.

9.4 General Association Easements for Maintenance, Repair and Replacement. TheAssociation shall have an easement in, on, over or under every Lot as reasonably necessary to: (i) maintain and repair the Association Maintenance Area; (ii) perform maintenance pursuant to Section 7.1; (iii) perform maintenance upon a Lot which is not performed by its Owner as provided by Section 7.4 and Section 7.6; and (iv) otherwise perform its obligations under this Declaration.

9.5 Utility Maintenance and Repair Easements. Wherever sanitary sewer connections or water connections or electricity, gas or telephone, television lines or drainage facilities are installed within the Development, which connections, lines or facilities, or any portion thereof, lie in or upon Lots owned by other than the Owner of the Lot served by said connections, the Owners of any Lots served by said connections, lines or facilities shall have the right, and are hereby granted an easement to the full extent necessary therefor, to enter such Lots or to have utility companies enter therein, or any portion thereof, to repair, replace and generally maintain said connections as and when the same may be necessary. All utility companies having easements on the property covered by this Declaration shall have easements for cleaning, repairing, replacing, and otherwise maintaining or causing to be maintained service in all underground utility lines, including, when reasonably necessary, the entry into an improvement constructed upon a Lot for uncovering any such lines. Any Owner or utility company exercising the rights granted in this Section shall be obligated to restore the Lot and the Residence entered to substantially its former condition.

9.6 Encroachment Easements. The Association Maintenance Area and each Lot within the Development is hereby declared to have an easement over all adjoining Lots and the Association Maintenance Area for the purpose of accommodating any minor encroachment due to engineering errors, errors in original construction, settlement or shifting of structures, or any other similar cause. There shall be valid easements for the maintenance of such encroachments as long as they shall exist. Notwithstanding the preceding, in no event shall a valid easement for encroachment be created in favor of an Owner or Owners if such encroachment occurred due to the wilful misconduct of such Owner or Owners. In the event a structure is partially or totally destroyed, and then repaired or rebuilt, the Owners of each Lot agree that minor encroachments over adjoining Lots or Association Maintenance Area shall be permitted and that there shall be valid easements for the maintenance of such encroachments so long as they shall exist.

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9.7 Benefit Use Easement. Lots 2 through 13, 22, 29, 30, and 34 (“Servient Property”) are subject to a Benefit Use Easement in favor of downhill lots (“Dominant Property”) are shown on the Subdivision Map. The following restrictions, responsibilities and rights of the Benefit Use Easement are as follows:
(a) Indemnification. The Servient Property is indemnified against all claims arisingfrom Dominant Property owner, owner’s agent, associates, and the Dominant owners invited and uninvited users of the easement.
(b) Access. Dominant Property owner shall be permitted unrestricted access from Servient Property owner to the private use area for maintenance and property improvements. (c) Protection of Improvements. Servient and Dominant Property owners shall protect improvements to both the property and private use area. (d) Monitoring the Use. The Association shall be responsible for monitoring the use of the Benefit Use Easement area in compliance with the Declaration. (e) Private Fencing. Private fencing shall not extend beyond the easement area and all access to the private use area is to be from the Dominant Property occupant. (f) Encroachments. Encroachments into the easementshall be allowed consistent with the City of Cotati City Code.

9.8 Easements Reserved and Granted. Any and all easements referred to herein shall be deemed reserved or granted, or both reserved and granted, as appropriate, by reference to this Declaration in a deed to any Lot.

ARTICLE 10 ENFORCEMENT

10.1 Violations as Nuisance. Every act or omission constituting or resulting in a violation of any of the provisions of the Governing Documents shall be deemed to constitute a nuisance. In addition to any other remedies which may be available, such nuisance may be abated or enjoined by the Association, its officers, the Board or by any Owner. The Board shall not be obligated to take action to abate or enjoin a particular violation if, in the exercise of its discretion, the Board determines that acting to abate or enjoin such violation is not likely to foster or protect the interests of the Association and its Members as a whole.

10.2 Legal Principles Applicable to Enforcement. Although the Development is not subject to the Davis-Stirling Common Interest Development Act, in any action to enforce this Declaration or any other Governing Documents, the community and each Owner acknowledges and agrees to be bound by the legal principles and legal presumptions governing common interest developments. Such legal principles and legal presumptions shall include, for example and without limitation, the holdings and precedents of the following cases:
(a) Nahrstedt v. Lakeside Village Condominium Association, (1994) 8 Cal 4 th
361.
(CC&Rs are presumed reasonable; burden is on the party challenging provision to show that provision is unreasonable).
(b) Villa De Las Palmas Homeowners Association v. Terifaj, (2004) 33 Cal 4 th

73. (Amendments are as valid as the original CC&Rs, and duly adopted Rules are enforceable).

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(c) Rancho Santa Fe Association v. Dolan-King (2004) 115 Cal. App. 4 th

28. (Architectural rules and review by Board is subject to requirements of good faith, and if good faith, the courts won't overrule the Board).
(d) La Jolla Shores Clubdominium Association v. Lamden (1999) 21 Cal 4 th
249.
(Courts won't overrule Board decisions, so long as decisions were made in good faith, in the best interest of the community, and based upon reasonable inquiry).

10.3 Owners' Responsibility for Conduct and Damages. Each Owner shall be fully responsible for informingmembers of his or her household and his or her tenants, contractors and guests of the provisions of this Declaration, and shall be fully responsible for the conduct, activities, any Declaration violation by any of them, and for any damage to the Development resulting from the negligent or intentional conduct of any of them or any household pets. If a Lot is owned jointly by two (2) or more persons, the liability of each Owner in connection with the obligations imposed by this Declaration shall be joint and several.

10.4 No Avoidance. No Owner may avoid the burdens or obligations imposed by this Declaration through non-use of or by abandonment of his or her Lot.

10.5 Rights and Remedies of the Association.
(a) Rights Cumulative. The Association, its Directors, officers, or agents, and any Owner shall have the right to enforce any and all provisions of the Governing Documents by any proceeding at law or in equity, or through the use ofsuch other remedies as are available and deemed appropriate by the Board. Each remedy provided is cumulative and not exclusive. (b) Member Not In Good Standing. Upon a determination by the Board, after prior notice to the affected Member and an opportunity for a hearing, that such Member has violated any provision of the Governing Documents including a failure to pay any Assessment when due, the Board shall give notice in writing to such Member that he or she is deemed not to be a Member in good standing. Such Member shall be deemed to remain in that status until such time as the Board shall determine in writing that the violation which resulted in the Board's determination has been cured or remedied or, on some other basis as in the judgment of the Board is just and proper, that such Member shall again be deemed to be a Member in good standing of the Association. Such Member shall be so notified in writing with a copy given to the Secretary. (c) Imposition of Sanctions. In the event of a breach or infraction of any provision of the GoverningDocuments by an Owner, members of an Owner's household, tenants, guests, invitees, Contract Purchasers, contractors, or pets, the Board shall have the power to impose sanctions against the Owner. Such sanctions may include, without limitation, the imposition of fines and/or the suspension of an Owner's rights as a Member, except for ingress and egress to the Owner's Lot.

Except as provided in Section 10.7, below, imposition of sanctions shall be effective only after the Board has held a duly noticed hearing. The payment of any such fine may be enforced as an Enforcement Assessment as provided in Section 6.8 of this Declaration as well as in any manner permitted by law. Further, each Ownershall be obligated to payReimbursement Assessments levied by the Board for reimbursement of any costs incurred by the Association relating to violation of any provisions of the Governing Documents by such Owner, members of such Owner's household, tenants, guests, invitees, contractors, or pets.

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(d) Inadequacy ofLegalRemedy. Exceptforthe non-payment of anyAssessment levied pursuant to the provisions of Article 6 of this Declaration, it is hereby declared that a remedy at law to recover damages for a default in the performance of any of the terms and provisions of any of the Governing Documents or for the breach or violation of any such provisions is inadequate and that the failure of any Owner or a member of the household of any Owner or an Owner's tenants, guests, or household pets or any other occupant or user of any of the property within the Development to comply with any provision ofthe GoverningDocuments may be enjoined in any judicial proceedings initiated by the Association, its officers or Board, or by any Owner or by their respective successors in interest.
(e) Limitation on Disciplinary Rights. The Association shall not have the power and authority to cause a forfeiture or abridgment of a Member's right to the full use and occupancy of his or her Lot as the result of the failure by such Owner, members of such Owner's household, tenants, guests, invitees or household pets to comply with any provision of the Governing Documents, except where such forfeiture or abridgement is the result of the judgment of a court of competent jurisdiction, or a decision arising out of an arbitration proceeding. The provisions of this subsection shall not affect the Association's right to impose fines or monetary penalties or to suspend an Owner's membership rights, as provided in the Governing Documents. (f) Claims Regarding Defects. The Association's right to maintain an action for alleged construction defects shall be limited to claims involving Association Maintenance Areas only, and the Association shall not have standing to assert claims on behalf of individual Owners with respect to alleged defects to Residences.

10.6 DisciplinaryRules. The Board or a committee appointed by the Board for that purpose may adopt rules and regulations that further elaborate upon and refine procedures for conducting disciplinary proceedings and otherwise imposing sanctions upon Members for violation of provisions of the Governing Documents. Such rules, when approved and adopted by the Board, shall be deemed to be a part of the Association Rules provided for in, and constituting a part of, the Governing Documents.

10.7 Emergency Situations. The followingshall constitute emergencysituations:(i) an immediate and unreasonable infringement of or threat to the safety or peaceful enjoyment of Residents of the Development; (ii) a traffic or fire hazard; or (iii) a threat of material damage to or destruction of the Development or any portion thereof. Notwithstanding any other provisions of the Governing Documents, under circumstances involving conduct that constitutes an emergency situation, the Association may undertake immediate corrective action.

10.8 Alternative Dispute Resolution. Although not required because the Development is not subject to the Davis-Stirling Common Interest Development Act, the Association and each Owner subject to a dispute related to the Governing Documents shall make a good-faith effort to comply with California Civil Code Section 5900 et seq.

10.9 Non-Waiver. Failure to enforce any provision of the Governing Documents at any time shall not be deemed a waiver of the right to do so thereafter with respect to the same or any other violation of any provision of the Governing Documents.

10.10 Notices. Any notices required or given under this Article shall, at a minimum, set forth the date, time, and location of any hearing, a brief description of the act or omission constituting the alleged violation of the Governing Documents, a reference to the specific Governing Document provision or Flahaven Estates Non-CID
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provisions alleged to have been violated, and the sanction, disciplinary action, or other enforcement action being contemplated by the Board, if any. The notice shall be in writing and may be given by any method reasonably calculated to give actual notice to the affected Member; provided, however, that if notice is given by mail, it shall be sent by first-class mail, postage prepaid, sent to the most recent address for the affected Member as shown on the records of the Association.

10.11 Costs and Attorneys' Fees. In the event any action is taken to enforce any of the provisions of the Governing Documents, the prevailing party shall be entitled to recover the full amount of all costs incurred, including attorneys' fees, in enforcing any Governing Document provision. The remedies of the Association to recover the amount of such costs and attorneys' fees shall include, without limitation, the imposition of a Reimbursement Assessment as provided in Section 6.7 of this Declaration. Although California CivilCode Section 5930 is notstatutorily applicable to the Development, for purposes of awarding attorneys' fees pursuant to this Section 10.11, the court may reduce or deny a party's award of attorneys' fees due to the such party's failure to utilize mediation prior to litigating the dispute.

10.12 Owner Indemnification. Each Owner, by acceptance of his or her deed, agrees to:
(i) indemnify each and every other Owner for; (ii) to hold each and every other Owner harmless from; and (iii) to defend each and every other Owner against, any claim of any person for personal injury or property damage occurring within the Lot ofsuch Owner, except that such Owner's liability may be diminished to the extent that the injury or damage occurred by reason of the negligence of any other Owner or person temporarily visiting in such Lot or is fully covered by insurance.

10.13 No Obligation to Enforce. None of the provisions of this Declaration shall obligate or be construed to obligate Declarant, or its respective agents, representatives or employees, to undertake any affirmative action to enforce the provisions of this Declaration, or to undertake any remedial or corrective action with respect to any actual or asserted violation hereof or thereof.

10.14 Violation of Law. Any violation of a state, municipal or local law, ordinance or regulation pertaining to the ownership, occupancy, or use of any property within the Development is hereby declared to be a violation of this Declaration and subject to any and all of the enforcement procedures set forth herein.

10.15 Indemnification of City. In consideration of and as a condition of approval of the subdivision development, Declarant on behalf of itself and its successors and assigns and the Association created herein does hereby release, discharge, hold and save harmless the City of Los Angeles, its officers, and employees from any and all liability, claims or demands arising out of the inadequate or negligent maintenance of the Association Maintenance Areas or improvements thereto. Should the City be joined or named as a party in any legal proceedings or in any other action related to the maintenance responsibilities of the Association or the individual Members thereof, Declarant, its successors and assigns and the Association do hereby agree to indemnify, hold harmless, and defend or settle any and all claims or actions against the City and to pay any and all claims, damages, judgments or other liability legally imposed upon the City arising out of any such proceeding and will pay all costs and expenses, including attorneys' fees and reasonable defense costs incurred in connection therewith.

ARTICLE 11 INSURANCE

11.1 Types of Insurance Coverage. The Association shall, at the discretion of the Board, purchase, obtain and maintain the following types of insurance, if and to the extent they are available at a reasonable premium cost:
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Improvements within the Development for which the Association has an obligation to maintain or insure. The insurance shall be kept in full force and effect at all times and the full replacement value of the insured property shall be redetermined on an annual basis. Depending on the nature of the insured property and the requirements, if any,imposed by institutional Mortgagees having an interest in such property, the policies maintained by the Association pursuant to this Section shall contain an agreed amount endorsement or a contingent liability fromoperation of building laws endorsement or the equivalent, an extended coverage endorsement, vandalism, malicious mischief coverage, a special form endorsement and a clause to permit cash settlements for full insurable value in case of partial destruction. The policies required hereunder shall name as insured the Association and all Mortgagees as their respective interests may appear. The policies may contain a loss payable endorsement in favor of the trustee described in Section 11.5, below. (b) General Liability Insurance. To the extentsuch insurance is reasonably obtainable, a policy of comprehensive general liability insurance naming as parties insured the Association, each Director, any manager, the Owners and occupants of Lots, and such other persons as the Board may determine. The policy will insure each named party against any liability incident to the ownership and use of the Association Maintenance Area and including, if obtainable, a cross-liability or severability ofinterest endorsement insuring each insured against liability to each otherinsured. The limits of such insurance shall not be less than One Million Dollars ($1,000,000.00) covering all claims for death, personal injury and property damage arising out of a single occurrence. Such insurance shall include coverage against water damage liability, liability for non-owned and hired automobiles, liability for property of others and any other liability or risk customarily covered with respect to development projects similar in construction, location, facilities, and use. (c) Director's and Officer's Liability Insurance. To the extent such insurance is reasonably obtainable the Association shall maintain individual liability insurance for its Directors and officers providing coverage for negligent acts or omissions in their official capacities. The minimum coverage of such insurance shall be at least One Million Dollars ($1,000,000.00). (d) Additional Insurance and Bonds. To the extent such insurance is reasonably obtainable, the Association may also purchase such additional insurance and bonds as it may, from time to time, determine to be necessary or desirable, including, without limiting the generality ofthis subsection, demolition, flood, earthquake, and workers' compensation insurance. The Board shall also purchase and maintain fidelity bonds or insurance in an amount not less than three months operating expenses and one hundred percent (100%) of the Association's reserves and shall contain an endorsement of any person who may serve without compensation.

11.2 Coverage Not Available. In the event any insurance policy, or any endorsement thereof, required by Section 11.1 is for any reason unavailable, 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 in this Article 11. The Board shall notify the Owners of any material adverse changes in the Association's insurance coverage.

11.3 Copies of Policies. Copies of all insurance policies (or certificates thereof showing the premiums thereon have been paid) shall be retained by the Association and shall be available for inspection by Owners at any reasonable time.

11.4 Individual Owner's Property Insurance. Each Ownershall purchase and at all times maintain a policy of personal liability and property insurance insuring the Owner's Lot, Residence, any Improvements to the Owner's Lot, and personal property.

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11.5 Trustee. All insurance proceeds payable under Section 11.1, above, and subject to the rights of Mortgagees under Article 13, below, may, in the discretion of the Board, 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.

Said trustee shall be a commercial bank or financial institution in the County that agrees in writing to accept such trust.

11.6 Adjustment of Losses. The Board is appointed attorney-in-fact by each Owner to negotiate and agree on the value and extent of any loss under any policy carried pursuant to Section 11.1, above. The Board is granted full right and authority to compromise and settle any claims or enforce any claim by legal action or otherwise and to execute releases in favor of any insured.

11.7 Governmental Lender Requirements. Notwithstanding anything herein to the contrary, the Association shall maintain such policies, containing such terms, amount of coverage, endorsements, deductible amounts, named insureds, loss payees, standard mortgage clauses, notice of changes or cancellation, and an appropriate insurance company rating that shall satisfy the minimum requirements imposed by the FANNIE MAE, FREDDIE MAC, FHA, or VA or any successor thereto. If such requirements conflict, the more stringentrequirements shall be met. In the event the Board is provided notice that any required insurance policy does not satisfy the minimum requirements imposed by FANNIE MAE, FREDDIE MAC, FHA, or VA or any successor thereto, the Board shall make all reasonable efforts to satisfy such minimum requirements within thirty (30) days of receiving such notice.

11.8 Indemnification byAssociation. The Association shallindemnify, defend and hold harmless each Owner from any suits, claims, legal proceedings, demands, costs, fees and expenses including those for attorneys' fees, of whatever kind relating to or arising from any use of the easement located on each Owner's Lot, unless the claim is based upon the gross negligence or willful misconduct of the Owner. The claims subject to this Section shall include, without limitation, personal injury or death to any person, or property damage by or to any person, including any Owner, Resident, tenant, guest, or invitee of any Owner.

ARTICLE 12 DAMAGE OR DESTRUCTION; CONDEMNATION

12.1 Damage to or Destruction of Association Maintained Improvements. In the event of damage to or destruction of any portion of the Association Maintenance Area, the Board shall, in its discretion and based upon considerations such as, the duty of an Owner to reimburse the Association for such damage or destruction as provided herein, or the existence of insurance proceeds from insurance coverage for such damage or destruction and the frequency of use of the Improvement, determine whether to repair or replace the damaged or destroyed Improvement. If any such damage or destruction was insured against and the insurance proceeds are insufficient to cover the costs of repair or replacement of the damaged or destroyed Improvement, and if the Board elects to repair or replace the Improvement, the Association may levy a Special Assessment against the Members as provided in this Declaration to cover the additional cost of the repair or replacement not covered by the insurance proceeds. If the Board elects not to repair or replace the Improvement, the applicable insurance proceeds shall be used in the manner consistent with the purposes of the Association and as determined by the Board.

12.2 Damage to or Destruction ofImprovements on Lots. In the event of damage to or destruction of the Improvements on any Lot, the Owner of such Lot shall: (i) completely repair or rebuild the Improvements to the same state as they existed prior to such damage or destruction or in any other manner consistent with the requirements of Article 8, above; or (ii) completely remove all remaining portions ofsuch damaged or destroyed Improvements. Such repair, rebuilding, orremovalshall be commenced and completed as required by Sections 8.12 and 8.13, above, unless a longer period is agreed to in writing by the Board.

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12.3 Condemnation of Association Maintenance Area. If at any time all or any portion of any Association Maintenance Area, or any interest therein, shall be taken for any public or quasi-public use, under any statute, by right of eminent domain, or by private purchase in lieu of eminent domain, the entire compensation or award in condemnation, to the extent such award is not apportioned among the Owners by court judgment or by agreement among the condemning authority, the Association and each of the affected Owners, shall be paid to the Association and shall be used in the manner determined by the Board, provided thatsuch use shall not be inconsistent with the purposes of the Association. The Association shall represent the interests of all Owners in any proceedings relating to such condemnation to the extent such Owners have any interest in the Association Maintenance Area.

12.4 Condemnation of Lots. If an entire Residence or Lot, or so much thereof as to render the remainder unfit for use as a Residence, is condemned or taken for a public or quasi-public use, pursuant to any statute, by right of eminent domain, or by private purchase in lieu of eminent domain, the Owner's membership in the Association shall terminate as of the last day of the month in which the condemnor obtains the right to possession, or upon Owner's vacating the premises, whichever occurs last. If only a portion of such Residence or Lot is taken and the remainder is fit for use as a Residence, the Owner shall continue to be a Member of the Association. In any condemnation action involving an Owner's Residence or Lot, the Association shall have the right to seek compensation for any damages incurred by the Association.

12.5 Appraisals. Where the provisions of this Article require an independent appraisal of property, said appraisal shall be made by a qualified real estate appraiser selected in the discretion of the Board.

ARTICLE 13 PROTECTION OF MORTGAGEES

13.1 Amendments Affecting Mortgages. No amendment of this Declaration shall affect any of the rights of the holder of any Mortgage which is made in good faith and for value, if such Mortgage is Recorded prior to the Recording of such amendment.

13.2 Default by Owner; Mortgagee's Right to Vote. In the event of a default by any Owner under a Mortgage encumbering such Owner's Lot, the Mortgagee under such Mortgage shall, upon: (i) giving written notice to the defaulting Owner; (ii) Recording a notice of default in accordance with California Civil Code Section 2924; and (iii) delivering a copy of such Recorded notice of default to the Association, have the right to exercise the vote of the Owner at any regular or special meeting of the Association held only during such period as such default continues.

13.3 Breach; Obligation After Foreclosure. No breach of any provision of this Declaration by Declarant, the Association or any Owner shall impair or invalidate the lien of any recorded Mortgage made in good faith and for value and encumbering any Lot. Declarant, Owners, and the Association and their successors and assigns, shall be obligated to abide by all of the covenants, conditions, restrictions, limitations, reservations, grants of easements, rights, rights-of-way, liens, charges and equitable servitudes provided for in this Declaration with respect to any person who acquires title to or any beneficial interest in any Lot through foreclosure, trustee's sale or otherwise.

13.4 Right to Examine Books and Records of the Association. All Mortgagees, insurers and guarantors of any Mortgages on any Lot shall have the right, upon written request to the Association, to:
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(b) Financial Statements. Require the Association to provide a financial statement for the preceding fiscal year at no expense to the requesting entity; and (c) Notice of Meetings. Receive a written notice of all meetings of the Association and designate a representative to attend all such meetings.

13.5 Declaration to Conform With Mortgage Requirements. It is the intent of this Article that the Governing Documents and the development in general, shall now and in the future meet all requirements of any institutional Mortgagee intending to secure its Mortgage by a Lot or necessary to purchase, guarantee, insure or subsidize any Mortgage of a Lot by FREDDIE MAC, FANNIE MAE or the Veterans' Administration. The provisions of this Article may be amended solely by the vote of the Board of Directors in order to conform to any requirements of the secondary lender market.

ARTICLE 14 DECLARANT'S DEVELOPMENT RIGHT

14.1 Declarant's Right to Develop the Development. The Association and Owners shall not do anything to interfere with the right of Declarant to subdivide, sell, or rent any portion of the Development.

Each Owner, by accepting a deed to a Lot, hereby acknowledges that any construction or installation of Residences and related Improvements may impair the view of such Owner, and hereby consents to such impairment.

14.2 Use of Association Maintenance Area by Declarant. Declarant may enter upon the Development and Association Maintenance Area to complete the development, improvement and sale ofLots and the construction of any landscaping or otherImprovement to be installed on the Association Maintenance Area. Declarant shall also have the right of nonexclusive use of the Association Maintenance Area without charge, for sales, display, access, ingress, egress, exhibition and occasional special events for promotional purposes, which right Declarant hereby reserves; provided, however, that such use rights shall terminate on the date on which Declarant no longer owns any Lots within the Development. Such use shall not unreasonably interfere with the rights of enjoyment of the other Owners as provided herein and all direct costs and expenses associated with Declarant's sales and promotional activities(including,withoutlimitation, any costs or expenses required to clean or repair any portion of the Association Maintenance Area that are damaged or cluttered in connection with such activities) shall be borne solely by Declarant and any other sponsor of the activity or event. The rights reserved to Declarant by this Section shall extend to any employee, sales agents, prospective purchasers, customers and/or representatives of Declarant.

14.3 Amendment of Development Plans. Declarant may amend its plans for the Development and apply for changes in zoning, use and use permits, for any property within the Development.

14.4 Independent Design Review. For so long as Declarant has the right to appoint any members of the Architectural Review Committee, Declarant shall have the right to initiate action to correct or prevent any activity, condition or Improvement that is not in substantial compliance with approved plans and specifications to the same extent as the Association, after having a reasonable opportunity to do so, does not initiate enforcement action.

14.5 Disclaimer of Declarant's Representations. Anything to the contrary in this Declaration notwithstanding, and except as otherwise may be expressly set forth in a recorded instrument with the County Recorder, Declarant makes no warranties or representations whatsoever that the plans presently envisioned for the complete development of the Development may or will be carried out, or that any land now controlled or owned or hereafter controlled or acquired by Declarant is or will be subjected to this Declaration, or that any such land (whether or not it has been subjected to this Declaration) is or will be committed to or Flahaven Estates Non-CID
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developed for a particular (or any) use, or that if such land is once used for a particular use, such use will continue in effect.

14.6 Encumbering Additional Property. The owners of any real property which is not subject to this Declaration when this Declaration is first Recorded may consent to and join this Declaration by executing and recording a "Declaration of Annexation", referencing the Recording information of this Declaration, and titled and containing provisions to permit Recording. The real property subject to the Declaration of Annexation shall be referred to as "Additional Properties." Such consenting owners, and all lots within the Additional Properties, shall thereafter have the same rights and obligations as if such owners, and their lots, had consented to and joined in the execution of this Declaration and all provisions contained in this Declaration shall apply to the real property described in such Declaration of Annexation in the same manner as if it were originally covered by this Declaration.

14.7 No Amendment or Repeal. So long as Declarant owns any Lot within the Development, the provisions of this Article may not be amended or repealed without the consent of Declarant.

ARTICLE 15 AMENDMENT

15.1 Amendment Before First Conveyance. Before the conveyance of the first Lot within the Development to a purchaser other than Declarant, and subject to subsection 15.2(c), below, this Declaration and any amendments to it may be amended in any respect or revoked by the execution by Declarant of an instrument amending or revoking the Declaration. The amending or revoking instrument shall make appropriate reference to this Declaration and its amendments and shall be Recorded.

15.2 Amendment After First Conveyance. After the conveyance of the first Lot within the Development to a purchaser otherthan Declarant, this Declaration may be amended orrevoked in any respect upon compliance with the following provisions:
(a) Member Approval Requirements. Except as provided in this Section, any amendment to this Declaration shall be approved by the vote or assent by written ballot of an absolute majority, including the holders of not less than a majority of the total voting power of each class of Members. If a two-class voting structure is no longer in effect in the Association because of the conversion of Class B membership to Class A membership, any amendment thereof will require the vote or assent by written ballot of both: (i) an absolute majority of the Association; and (ii) the vote of a majority of the total voting power held by Members other than Declarant.

Notwithstanding the foregoing, the percentage of the voting power necessary to amend a specific clause or provision of this Declaration shall not be less than the percentage of affirmative votes prescribed for action to be taken under that clause.
(b) Additional Approvals of Declarant for Amendments to Particular Provisions. For so long as Declarant owns a Lot within the Development, the provisions of Articles 14 and 15 may not be amended without the prior written consent of Declarant. (c) Additional Approvals of City for Amendments to Particular Provisions. The provisions of Sections 1.10, 1.19, 4.10(c), 4.10(d)(ii), 5.6, 5.7, 5,8, 5.9, 5.10, 5.11, 7.1(a), 7.1(b),

7.2(b) 7.1(c), 7.1(d), 7.2(c), 7.2(g), 9.7, this subsection 15.2(c), and 16.1, and any other provision of this Declaration which relates to a City condition of approval for the Subdivision Map, may not be amended without the prior written consent of the City.

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(d) Right of Amendment if Requested by Governmental Mortgage Agency or Federally Chartered Lending Institutions. Anything in this Article to the contrary notwithstanding, Declarant and the Association reserve the right to amend all or any part of this Declaration to such an extent and with such language as may be requested by Governmental Mortgage Agencies which require such an amendment as a condition precedent to such agency's approval of this Declaration, or by any federally chartered lending institution as a condition precedent to lending funds upon the security of any Lot. Any such amendment shall be effectuated by the Recordation, by Declarant or the Association, of a Certificate of Amendment duly signed by or on behalf of the authorized agents, or authorized officers of Declarant or the Board, as applicable, with their signatures acknowledged, specifying the Governmental Mortgage Agency, or the federally chartered lending institution requesting the amendment and setting forth the amendatory language requested by such agency or institution. Recordation of such a Certificate shall be deemed conclusive proof of the agency's or institution's request for such an amendment, and such Certificate, when Recorded, shall be binding upon all of Lots and Association Maintenance Area comprising the Development and all persons having any interest therein.
(e) Right of Amendment if Requested by City. Anything in this Article to the contrary notwithstanding, Declarant and the Board reserve the right to amend all or any part of this Declaration to such an extent and with such language as may be requested by the City to reflect a modification of the development permits which requires a conforming amendment to this Declaration. The Association shall Record any amendment requested by the City within sixty (60) days of receipt of a request from the City. Any such amendment shall be effectuated by the Recordation of a Certificate of Amendment duly signed by or on behalf of the authorized agents, or authorized officers of Declarant, or the Association as applicable, with their signatures acknowledged, specifying the City requested the amendment and setting forth the amendatory language requested by the City. Recordation ofsuch a Certificate shall be deemed conclusive proof of the City's request for such an amendment, and such Certificate, when Recorded, shall be binding upon all of the real property comprising the Development and all persons having an interest therein. (f) Right of Amendment by Board. The Board may, without the approval of the Members, amend any part of this Declaration to the limited extent necessary to comply with a change in applicable federal, state or local legislation, or to correct a typographical error.

15.3 Effective Date of Amendment. The amendment will be effective upon the Recording of a certificate of amendment, duly executed and certified by any two (2) officers of the Association setting forth in full the amendment so approved and that the approval requirements of subsection (a) or (b) above have been duly met. If the consent or approval of any governmental authority, Mortgagee, or other entity is required under this Declaration to amend or revoke any provision of this Declaration, no such amendment or revocation shall become effective unless such consent or approval is obtained.

15.4 Reliance on Amendment. Any amendments made in accordance with the terms of this Declaration shall be presumed valid by anyone relying on them in good faith.

ARTICLE 16 GENERAL PROVISIONS

16.1 Term. This Declaration continues in full force and effect unless an amendment terminating this Declaration is unanimously approved by the Owners, approved in writing by the City, and Recorded in accordance with Article 15, above.

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16.2 Severability. The provisions ofthis Declaration shall be deemed independent and severable, and the invalidity or partial invalidity or unenforceability of any provision hereof shall not invalidate any other provisions hereof.

16.3 Liberal Construction. The provisions of this Declaration shall be liberally construed to effectuate its purpose of fostering a plan of community ownership and occupancy and of management of the Development for the benefit of the community.

16.4 Statutory References. Any reference to a California or federal statute, code or regulation shall also incorporate and include and any successor statutes or laws. {The remainder of this page intentionally left blank.}
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Dated: ______________, 202_ DECLARANT:

PINK VIKING ORH, LLC,
a California limited liability company
By: _______________________________

BRIAN FLAHAVEN
Its: Manager
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.

STATE OF CALIFORNIA )
) ss.

COUNTY OF _________________ )
On ____________, 202_, before me, _____________________, Notary Public, 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.
___________________________
Notary Public
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CONSENT TO DECLARATION OF COVENANTS, CONDITIONS AND

RESTRICTIONS FOR FLAHAVEN ESTATES
The undersigned, beneficiary under that certain deed of trust Recorded November 15, 2023, as Instrument No. 2023056602, of the Official Records of Sonoma County, hereby consents to this Declaration of Covenants, Conditions and Restrictions for Flahaven Estates, and agrees that the lien ofthe deed oftrustshall be junior and subordinate and subject to said Declaration.

Dated:________________, 202_. BENEFICIARY:

PACIFIC PREMIER TRUST CUSTODIAN FBO
SCOTT STRAWBRIDGE IRA 40%

By: _______________________________
Name: ______________________________
Title: _______________________________
NORMAN DEVALL LIVING TRUST 32%

By: _______________________________
Name: ______________________________
Title: _______________________________

____________________________________
DIANE E. KEEGAN 4%
____________________________________
DONNA PETERSON DOYLE 4%
JAMES B. KEEGAN, JR. AND DIANE E. KEEGAN:

TRUSTEES OF THE KEEGAN FAMILY 1997
TRUST 8%

____________________________________
JAMES B. KEEGAN, JR.
____________________________________
DIANE E. KEEGAN
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JASON AND LAUREN SOMMERS 12%

__________________________________

JASON SOMMERS
__________________________________

LAUREN SOMMERS
{See next page for Notary Acknowledgment.}
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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.

STATE OF CALIFORNIA )
)ss.

COUNTY OF ______________ )
On ____________, 202__, before me, _____________________, Notary Public, 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/theirsignature(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.
___________________________
Notary Public
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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.

STATE OF CALIFORNIA )
)ss.

COUNTY OF ______________ )
On ____________, 202__, before me, _____________________, Notary Public, 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/theirsignature(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.
___________________________
Notary Public
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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.

STATE OF CALIFORNIA )
)ss.

COUNTY OF ______________ )
On ____________, 202__, before me, _____________________, Notary Public, 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/theirsignature(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.
___________________________
Notary Public
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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.

STATE OF CALIFORNIA )
)ss.

COUNTY OF ______________ )
On ____________, 202__, before me, _____________________, Notary Public, 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/theirsignature(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.
___________________________
Notary Public
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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.

STATE OF CALIFORNIA )
)ss.

COUNTY OF ______________ )
On ____________, 202__, before me, _____________________, Notary Public, 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/theirsignature(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.
___________________________
Notary Public
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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.

STATE OF CALIFORNIA )
)ss.

COUNTY OF ______________ )
On ____________, 202__, before me, _____________________, Notary Public, 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/theirsignature(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.
___________________________
Notary Public
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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.

STATE OF CALIFORNIA )
)ss.

COUNTY OF ______________ )
On ____________, 202__, before me, _____________________, Notary Public, 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/theirsignature(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.
___________________________
Notary Public
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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.

STATE OF CALIFORNIA )
)ss.

COUNTY OF ______________ )
On ____________, 202__, before me, _____________________, Notary Public, 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/theirsignature(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.
___________________________
Notary Public
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TABLE OF CONTENTS
TO

DECLARATION
OF

COVENANTS, CONDITIONS AND RESTRICTIONS
FOR

FLAHAVEN ESTATES
Page Number
RECITALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE 1 DEFINITIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

1.1 Definitions, Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

1.2 Absolute Majority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

1.3 Accessory Dwelling Unit; ADU . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

1.4 Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

1.5 Additional Charges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

1.6 Architectural Review Committee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

1.7 Architectural Rules. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

1.8 Assessment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

1.9 Association. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

1.10 Association Maintenance Area.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

1.11 Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

1.12 Bylaws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

1.13 City. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

1.14 County . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

1.15 Declarant.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

1.16 Declaration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

1.17 Development.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

1.18 Director.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

1.19 Fire Safe Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

1.20 Governing Documents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

1.21 Improvement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

1.22 Junior Accessory Dwelling Units; JADU . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

1.23 Lot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

1.24 Member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

1.25 Mortgage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

1.26 Owner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

1.27 Record; Recorded; Recordation; Filed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

1.28 Residence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

1.29 Resident. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

1.30 Rules. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

1.31 Shared Driveway Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

1.312 Simple Majority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

1.323 Subdivision Map.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

1.334 Supplemental Declaration.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

1.345 Total Voting Power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Flahaven Estates Non-CID
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ARTICLE 2 HOMEOWNERS ASSOCIATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45

2.1 Management and Operation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45

2.2 Association Membership.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

2.3 Classes of Membership.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56

2.4 Voting Rights of Classes of Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56

2.5 Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

2.6 Association Rules. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78

2.7 Manager and Other Personnel.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

2.8 Capital Improvements.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

2.9 Association Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

2.10 Dissolution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

2.11 Limitation of Liability.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE 3 ASSOCIATION MAINTENANCE AREA . . . . . . . . . . . . . . . . . . . . . . . . . . 89

3.1 Purpose of Association Maintenance Area.. . . . . . . . . . . . . . . . . . . . . . . . . . . . 89

3.2 Acceptance of Association Maintenance Area.. . . . . . . . . . . . . . . . . . . . . . . . . 89

3.3 Owners Use of Association Maintenance Area... . . . . . . . . . . . . . . . . . . . . . . . 89 ARTICLE 4 USE RESTRICTIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

4.1 Offensive Conduct, Nuisances, Noise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

4.2 Residential Use. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

4.3 Use of the Association Maintenance Area. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

4.4 Requirement of Architectural Approval. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 910

4.5 Sports Apparatus.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 910

4.6 Window Coverings.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 910

4.7 Signs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

4.8 Antennas. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

4.9 Trash Disposal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

4.10 Vehicles and Parking. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

4.11 Garages.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

4.12 Compliance with Laws. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123

4.13 Animals.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

4.14 Rental of Lots. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134

4.15 Clotheslines.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

4.16 Activities Affecting Insurance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

4.17 No Partition.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145

4.18 Family Day Care Centers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145

4.19 Community Care Facilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

4.20 Variances.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156 ARTICLE 5 IMPROVEMENTS TO LOTS/RESIDENCES; DISCLOSURES . . . . . . . 16

5.1 Approval by Architectural Review Committee. . . . . . . . . . . . . . . . . . . . . . . . . 16

5.2 Solar Systems. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

5.3 Drainage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

5.4 Photovoltaic Reception.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167

5.5 Exterior Lighting and Fixtures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167

5.6 Water Efficient Landscaping.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167

5.7 Addresses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167

5.8 Storm Water Mitigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167

5.9 Catch Basins . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

5.10 Non-Biodegradable Fertilizers and Pesticides .. . . . . . . . . . . . . . . . . . . . . . . . . 17 Flahaven Estates Non-CID
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5.11 Fire Safe Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 ARTICLE 6 ASSESSMENTS AND LIENS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

6.1 Covenant of Owner.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

6.2 Creation of Lien. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

6.3 Purpose of Assessments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

6.4 Authority of the Board... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

6.5 Regular Assessment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

6.6 Special Assessments.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

6.7 Reimbursement Assessments... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

6.8 Enforcement Assessments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1920

6.9 Failure to Fix Assessments.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1920

6.10 Offsets.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1920

6.11 Delinquent Assessments... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

6.12 Collection of Assessments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

6.13 Certificate of Satisfaction and Release of Lien.. . . . . . . . . . . . . . . . . . . . . . . 201

6.14 Priority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

6.15 Association Funds.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

6.16 Waiver of Exemptions... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 ARTICLE 7 IMPROVEMENTS; DISCLOSURES; MAINTENANCE OF PROPERTY21

7.1 Association Maintenance Responsibilities.. . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

7.2 Owners' Responsibilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 212

7.3 Owner Failure to Maintain. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 224

7.4 Owner Liability.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 224

7.5 Authority for Entry of Lot.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 234

7.6 Cooperative Maintenance Obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 235

7.7 Association Liability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 235

7.8 Board Discretion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 235

7.9 Inspection of Property Maintained by Association . . . . . . . . . . . . . . . . . . . . . 235

7.10 Common Utilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 235

7.11 Compliance With Architectural Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . 235 ARTICLE 8 ARCHITECTURAL CONTROL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 235

8.1 Submission of Plans and Specifications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 235

8.2 Establishment of Architectural Review Committee. . . . . . . . . . . . . . . . . . . . . 246

8.3 Duties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 246

8.4 Meetings.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 246

8.5 Architectural Rules. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 246

8.6 Application.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 246

8.7 Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 257

8.8 Grant of Approval.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 257

8.9 Form of Approval. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 257

8.10 Appeal of Denial to Board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 257

8.11 Time for Architectural Review Committee Action. . . . . . . . . . . . . . . . . . . . . 268

8.12 Commencement.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 268

8.13 Completion. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 268

8.14 Inspection... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 268

8.15 Non-Waiver.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 279

8.16 Estoppel Certificate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 279

8.17 Liability.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 279 Flahaven Estates Non-CID
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8.18 Variances. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2830

8.19 Compliance With Governmental Requirements. . . . . . . . . . . . . . . . . . . . . . . 2830 ARTICLE 9 EASEMENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2830

9.1 Easements in General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2830

9.2 Utility Easements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2830

9.3 Easements Granted by Board.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2931

9.4 General Association Easements for Maintenance, Repair and Replacement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2931

9.5 Utility Maintenance and Repair Easements. . . . . . . . . . . . . . . . . . . . . . . . . 2931

9.6 Encroachment Easements... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2931

9.7 Benefit Use Easement... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

9.78 Easements Reserved and Granted.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 302 ARTICLE 10 ENFORCEMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 302

10.1 Violations as Nuisance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 302

10.2 Legal Principles Applicable to Enforcement. . . . . . . . . . . . . . . . . . . . . . . . . . 302

10.3 Owners' Responsibility for Conduct and Damages . . . . . . . . . . . . . . . . . . . . . 303

10.4 No Avoidance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 303

10.5 Rights and Remedies of the Association. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 303

10.6 Disciplinary Rules. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 324

10.7 Emergency Situations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 324

10.8 Alternative Dispute Resolution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 324

10.9 Non-Waiver. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 324

10.10 Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 324

10.11 Costs and Attorneys' Fees.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 325

10.12 Owner Indemnification. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 325

10.13 No Obligation to Enforce... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 325

10.14 Violation of Law.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 335

10.15 Indemnification of City . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 335 ARTICLE 11 INSURANCE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 335

11.1 Types of Insurance Coverage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 335

11.2 Coverage Not Available. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 346

11.3 Copies of Policies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 346

11.4 Individual Owner’s Property Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 346

11.5 Trustee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 347

11.6 Adjustment of Losses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 347

11.7 Governmental Lender Requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 347

11.8 Indemnification by Association... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 347 ARTICLE 12 DAMAGE OR DESTRUCTION; CONDEMNATION. . . . . . . . . . . . . . . . . . . . . . 357

12.1 Damage to or Destruction of Association Maintained Improvements. . . . . . . 357

12.2 Damage to or Destruction of Improvements on Lots... . . . . . . . . . . . . . . . . . . 357

12.3 Condemnation of Association Maintenance Area.. . . . . . . . . . . . . . . . . . . . . . 358

12.4 Condemnation of Lots. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 358

12.5 Appraisals.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 358 ARTICLE 13 PROTECTION OF MORTGAGEES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 368

13.1 Amendments Affecting Mortgages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 368

13.2 Default by Owner; Mortgagee's Right to Vote. . . . . . . . . . . . . . . . . . . . . . . . . 368

13.3 Breach; Obligation After Foreclosure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 368 Flahaven Estates Non-CID
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13.4 Right to Examine Books and Records of the Association. . . . . . . . . . . . . . . . 368

13.5 Declaration to Conform With Mortgage Requirements. . . . . . . . . . . . . . . . . . 369 ARTICLE 14 DECLARANT'S DEVELOPMENT RIGHT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 369

14.1 Declarant's Right to Develop the Development. . . . . . . . . . . . . . . . . . . . . . . . 369

14.2 Use of Association Maintenance Area by Declarant. . . . . . . . . . . . . . . . . . . . 369

14.3 Amendment of Development Plans. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 379

14.4 Independent Design Review. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 379

14.5 Disclaimer of Declarant's Representations.. . . . . . . . . . . . . . . . . . . . . . . . . . . 379

14.6 Encumbering Additional Property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3740

14.7 No Amendment or Repeal... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3740 ARTICLE 15 DECLARANT'S DEVELOPMENT RIGHT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3740

15.1 Amendment Before First Conveyance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3740

15.2 Amendment After First Conveyance.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3840

15.3 Effective Date of Amendment.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3941

15.4 Reliance on Amendment.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3941 ARTICLE 16 GENERAL PROVISIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3941

16.1 Term. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3941

16.2 Severability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3942

16.3 Liberal Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3942

16.4 Statutory References.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3942

EXHIBIT A FIRE SAFE PLAN
Flahaven Estates Non-CID
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RECORDING REQUESTED BY:

AND WHEN RECORDED, MAIL TO:

INMAN LAW GROUP, LLP
Bruce R. Inman, Esq.
3053 Freeport Blvd. #309
Sacramento, California 95818

DECLARATION
OF

COVENANTS, CONDITIONS AND RESTRICTIONS
FOR

FLAHAVEN ESTATES
If this document contains any restriction based on race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, genetic information, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to Section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. 189 of 387
Cotati City Council
Agenda Staff Report
Item type: CONSENT CALENDAR (ACTION)
To: City Council
Subject: RESOLUTION APPROVING THE SIDEWALK GAP CLOSURE

PROJECT, AUTHORIZING THE CITY CLERK TO FILE THE

NOTICE OF COMPLETION WITH THE COUNTY
RECORDER, AND AFTER 35 DAYS WITH NO PROTEST,

AUTHORIZING RELEASE OF THE CONSTRUCTION

CONTRACT RETENTION
Date: August 12, 2025
Written by: Craig Scott, Director of Public Works/City Engineer Recommendation
It is recommended the City Council of the City of Cotati adopt a resolution approving the Sidewalk Gap Closure Project, authorizing the City Clerk to file the Notice of Completion with the County Recorder, and after 35 days with no protests, authorizing release the construction contract retention.

Background
The City’s Active Transportation Plan (ATP) identifies street improvements throughout the City to improve safety of all modes of travel, including bicycles and pedestrians. The ATP presents a list of sidewalk gaps for the City to address. The City included the highest priority sidewalk gaps in its Capital Improvement Plan and in 2021, submitted a grant application to help fund the project. The City was successful in receiving Go Sonoma funding through the Sonoma County Transportation Agency’s Priority Project Cycle 1 program. Due to budget constraints, not all of the sidewalk gaps that were designed were constructed, and the intent is to bring these segments forward in future projects.

Analysis/Discussion
On September 10, 2024, City Council awarded the construction agreement for the Sidewalk Gap Closure Project (Project) to Zara Construction. The Project consisted of a new pathway on West School Street, between Clifford and Maple, closing a sidewalk gap on Olaf, closing a sidewalk 190 of 387
gap on Park Avenue between Myrtle Avenue and the Veteran’s Hall Parking Lot, and completing the pathway along Myrtle Avenue, between Putnam Park and Park Avenue.

Field work began on the installation on October 14, 2024, and a final inspection was conducted on June 2, 2025. The Notice of Completion was initially brought to the City Council for approval on July 8, 2025, but no action was taken at that time due to concerns about the construction quality in some locations. Staff subsequently re-walked the project site and then contacted the contractor to repair the identified defect areas. During construction, the construction inspector worked with the contractor to ensure they followed proper installation techniques for the overall work and the City also had the material supplier (Granitcrete) come to the job site to observe the work to also verify proper installation overall. Based on this, and reinspection of the project area after the repair of the identified defective areas, it is believed that the material has been installed according to the manufacturer's recommendations.

Therefore, the City Engineer has determined the work has been completed in accordance with the Project documents. Construction Management for the Project was conducted by Green Valley Consulting Engineers. Accounting for wet weather delays, the work was completed within the contract allotted days.

A budget amendment was approved by City Council, which was necessary due to extra construction management costs related to the extended schedule and change orders exceeding the Project contingency. The most significant change orders were caused by the wet conditions in areas at the intersection of Maple Avenue and West School Street which needed to be overexcavated and new material brought in to obtain acceptable compaction testing results. The second most significant change order was needed for vegetation removal which interfered with drainage along West School Street.

The City Engineer is recommending the Project for acceptance by the City, which requires action by the City Council. Following City Council action, a Notice of Completion is to be filed with the County Recorder and after thirty-five days, provided there are no protests, the City is to release the retention to the Contractor. Once the project is accepted by the City Council, it will begin a 1-year workmanship guarantee, backed by a maintenance bond.

Financial Considerations
The total approved project budgets for FY’s 2023/24 and 2024/25, after amendment due to change orders, is $906,074.00. This budget included $500,000 from Go Sonoma Funds with the remaining funds from the General Fund. Total Project costs are $898,349.33 with an amount under budget of $7,724.67. Below is a table summarizing the project costs.

Description Total Project Costs
Design $166,302.00
Construction $565,806.22
Construction Management $161,525.00
Other Costs $4,716.11
Total $898,349.33
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Total Amended Budget $906,074.00
Amount Under/(Over) Budget $7,724.67
The unused budget will be returned to the City’s unappropriated General Fund account.

Environmental Issues
Acceptance of the Sidewalk Gap Closure Project consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of the existing or former use. Therefore, adoption of the resolution accepting the Sidewalk Gap Closure Project is found to qualify for a Class 1 Categorical Exemption under Section 15301of the California Environmental Quality Act (“CEQA”), and no further environmental review is required.
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RESOLUTION NO. (XX)

ACCEPTING THE SIDEWALK GAP CLOSURE PROJECT, AUTHORIZING THE

CITY CLERK TO FILE THE NOTICE OF COMPLETION WITH THE COUNTY

RECORDER AND RELEASE THE CONSTRUCTION CONTRACT RETENTION WHEREAS, the City’s Active Transportation Plan (ATP) identifies street improvements throughout the City to improve safety of all modes of travel including bicycles and pedestrians; and
WHEREAS, the ATP presents a list of sidewalk gaps for the City to address, and the City included the highest priority sidewalk gaps in its Capital Improvement Plan and in 2021, submitted a grant application to help fund the project; and WHEREAS, the City was successful in receiving Go Sonoma funding through the Sonoma County Transportation Agency’s Priority Project Cycle 1 program and, due to budget constraints, not all of the sidewalk gaps that were designed were constructed and the intent is to bring these segments forward in future projects; and
WHEREAS, on September 10, 2024, City Council awarded the construction agreement for the Sidewalk Gap Closure Project (Project) to Zara Construction, and field work began on the installation on October 14, 2024, and a final inspection was conducted on June 2, 2025, and the City Engineer has determined the work has been completed in accordance with the project documents; and
WHEREAS, Construction Management for the Project has been conducted by Green Valley Consulting Engineers, and, accounting for wet weather delays, the work has been completed within the contract allotted days and within budget; and WHEREAS, the City Engineer is recommending the Project for acceptance by the City.

WHEREAS, the City’s combined Fiscal Year 2023/24 and 2024/25 budget was $906,074, which consists of $500,000 of Go Sonoma Funds and $406,074 of the City’s General Fund: and
WHEREAS, the construction contract and Construction Management and Inspection, Design Services, and other costs total $898,349.33 which leaves $7,724.67 of unspent funds to be returned to the City’s unappropriated General Fund account; and WHEREAS, this action is found to qualify for a Class 1 Categorical Exemption under CEQA Section 15301 in that the project consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of the existing or former use.

NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Cotati 193 of 387
hereby takes the following actions:

1. Accepts the contract work performed on the Sidewalk Gap Closure Project; and

2. Directs the City Clerk to record the attached Notice of Completion for said contract work within 15 days of the date of resolution and provide a copy to the contractor (Cal. Civil Code §9204); and

3. Authorizes the City Manager to release any remaining contract retention to Zara Construction, Inc. thirty-five (35) days after the recordation of the Notice of Completion, provided that no liens or stop notices have been filed against the Project.

4. This resolution shall take approving the Sidewalk Gap Closure Project immediately upon its adoption.

IT IS HEREBY CERTIFIED that the foregoing resolution was duly adopted at a regular meeting of the City Council of the City of Cotati held on August 12, 2025, by the following vote, to wit:

Approved:___________________________
Mayor
Attest:______________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:______________________________
City Attorney
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After recording, return to:

Kevin Patterson, Deputy City Clerk
City of Cotati
201 W. Sierra Avenue
Cotati, CA 94931-4217

NOTICE OF COMPLETION
(ACCEPTANCE OF IMPROVEMENTS)
NOTICE IS HEREBY GIVEN THAT:

1. The City Council of the City of Cotati has accepted the improvements at the City Council meeting of August 12, 2025 for the Sidewalk Gap Closure Project. The nature of the City of Cotati’s interest, as owner, of the property is as public rightof-way.

2. The improvements were completed and deemed complete by the Director of Public Works/City Engineer on June 2, 2025.

3. The name of the original contractor for the work of improvement was Zara Construction, Inc. for a total constructed amount of $565,806.22.

4. The Contractor has provided the City with a maintenance bond and guaranty in the amount of 10 percent of the construction contract amount ($56,580) for a period of one (1) year from the date of City Council acceptance of the improvements.

5. This Notice of Completion constitutes the City’s acceptance of the improvements for this project.

I am the City Engineer/Public Works Director for the City of Cotati, a Municipal Corporation. I make this verification on behalf of the City of Cotati. I have read the Notice and know its contents. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Dated: _________________ ___________________________
Craig A Scott
City Engineer/Public Works Director
T:\PROJECTS\Departments\Streets\2020 Street Construction & Improvements\Construction\Closeout\2020 Streets NOC.doc
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Cotati City Council
Agenda Staff Report
Item type: CONSENT CALENDAR (ACTION)
To: City Council
Subject: APPROVAL OF AN AGREEMENT WITH ARGONAUT

CONSTRUCTORS AND AN AGREEMENT WITH BRELJE

AND RACE CONSULTING ENGINEEERS FOR THE URGENT

WATER REPAIRS PROJECT
Date: August 12, 2025
Written by: Craig Scott, Director of Public Works/City Engineer Recommendation
It is recommended the City of Cotati City Council approve by Motion a Minor Construction Agreement and/or Purchase Order with Argonaut Constructors and a Design Professional Services Agreement and/or Purchase Order with Brelje and Race Consulting Engineers for the Water Repairs Project and authorizes the City Manager to execute said agreements.

Background
The City owns, operates and maintains a public water system and uses a combination of City staff and contract services to perform the duties needed to keep the system operating reliably.

Contract services used include such tasks as water quality testing, maintaining the Supervisory Control and Data Acquisition System (SCADA), Advanced Meter Instrumentation support services, water main cleaning, servicing process units including chlorine generators and granular activated carbon water filtration system, and replacement of major equipment. Periodically, City staff is augmented by contract services for other tasks including emergency leak repair, replacing damaged fire hydrants, and replacing aged valves. The instances of using contract services occur when there is an emergency needing immediate repair, a staff shortage and/or a spike in the workload.

Analysis/Discussion
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In the past several weeks, a car accident took out the fire hydrant on Redwood Drive in front of 6811 Redwood Drive, and a car collided with a hydrant on Pine Tree Circle. One of these incidents was observed by a police officer and a traffic report was taken which will allow the City to place an insurance claim for reimbursement. The two hydrants have been out of service as the collisions broke the underground pipe connecting the hydrants to the water system. Having the hydrants operable again is a high priority to provide sufficient fire protection at those locations. In addition to the damaged hydrants, the City has several service lines that are known to be at risk of failure. Staff recently mapped service line failures throughout the City and 6 service lines in Oretsky Way have been identified as being a high priority for replacement. The City has replaced all the service lines except 6 service lines/8 services on Oretsky Way.

Additionally, a planned street paving project is located in Oretsky Way where water service lines are slated to be replaced and, with a schedule of Spring 2026 paving, there is a tight timeframe to replace those lines.

The urgent nature of this work combined with the City Public Works staffing availability, the City Public Works Director/City Engineer began pursuing contract services for this work. The City reached out to a designer and contractor to scope the work and schedule the construction of these repairs and replacements. Brelje and Race Consulting Engineers prepared plan sheets detailing the work and these drawings were provided to Argonaut Constructors to provide the City with a not-to-exceed (NTE) price. Both Brelje and Race and the Contractor, along with City staff have reviewed the plans and visited the site to discuss the scope of the work. The Contractor has provided a NTE price of $96,000, supported by an itemized list of work items, for this work.

City Staff has reviewed the itemized costs and finds them to be within industry norms and recommends it for approval.

Schedule
Due to the condensed timeframe to complete this work, Staff requested the contractor provide available dates for August and early September. Available dates of August 7th and 8th and the 11th and 12th were provided with the next available dates until after November 1st. Because of the importance of having the fire hydrant brought back into service as soon as is practical and the timing of the planned paving project, staff has negotiated a contract with the Contractor to perform the work for these dates.

Financial Considerations
Funding sources for this effort are to be divided between a cost recovery account and City Water Enterprise Funds. The Redwood Drive hydrant repair costs are to be recovered from the responsible parties through insurance and the Pine Tree Circle was a hit and run and is to be paid for from City water funds. The service line repairs similarly are to come from City water funds.

City Staff recommends moving the Capital Improvement project entitled “Distribution System Monitoring” to a later year and thus making available the budgeted amount of $130,000.

The estimated cost for the Redwood Drive hydrant repair is $22,809.52 (reimbursed by 3rd party insurance) with the remainder of the work time and materials, Not to Exceed (NTE) $73,190.48 to come from out of the available Water Enterprise Funds. This funding would come from the available budget amount of $130,000, leaving no less than $56,809.52 remaining in the 197 of 387
Distribution System Monitoring project account.
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Under the “Public Project Contracts” provision of the City’s Expenditure Planning and Procurement Policy, contracts of $75,000 or less can be performed by force account, by negotiated contract, or by purchase order.

Environmental Issues
This action is found to qualify for a Class 1 Categorical Exemption under CEQA Section 15301 in that the project consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of the existing or former use. 199 of 387
ON A FULL-SCALE DRAWING, LENGTH OF BAR BELOW IS 1-INCH. IF BAR MEASURES LESS THAN 1-INCH, THIS SHEET WAS PLOTTED AT A REDUCED SCALE, WHICH MAY REQUIRE ADJUSTMENT OF SCALE(S) SHOWN ON DRAWING. CITY OF COTATI SONOMA COUNTY, CALIFORNIA SHEET NO. OF Client Logo WATER REPAIR PROJECT Brelje&Race www.brce.com Santa Rosa, CA 95403 475 Aviation Boulevard, Suite 120 v: 707-576-1322 f: 707-576-0469 CONSULTING ENGINEERS UTILITY PLAN 1 2
7/30/25
ON A FULL-SCALE DRAWING, LENGTH OF BAR BELOW IS 1-INCH. IF BAR MEASURES LESS THAN 1-INCH, THIS SHEET WAS PLOTTED AT A REDUCED SCALE, WHICH MAY REQUIRE ADJUSTMENT OF SCALE(S) SHOWN ON DRAWING. CITY OF COTATI SONOMA COUNTY, CALIFORNIA SHEET NO. OF Client Logo WATER REPAIR PROJECT Brelje&Race www.brce.com Santa Rosa, CA 95403 475 Aviation Boulevard, Suite 120 v: 707-576-1322 f: 707-576-0469 CONSULTING ENGINEERS UTILITY PLAN 2 2
7/30/25
08/04/2025 11:25
25-167SCUG COTATI EMERGENCY WATER REPAIRS*** Steve Langhals BID TOTALS Biditem Description Status - Rnd Quantity Units Unit Price Bid Total 1 1 MOBILIZATION U 1.000 LS 8,000.00 8,000.002 FIRE HYD #1 - COMMERCIAL U 1.000 LS 19,000.00 19,000.003 CONCRETE REPAIR U 1.000 LS 8,000.00 8,000.004 FIRE HYD #2 - RESIDENTIAL U 1.000 LS 16,000.00 16,000.005 3/4" WATER SERVICE U 4.000 EA 5,300.00 21,200.006 1" DUAL WATER SERVICE U 2.000 EA 6,500.00 13,000.007 PAVE SERVICES U 6.000 EA 1,800.00 10,800.00 Bid Total ========> $96,000.00
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City of Cotati
Estimated Cost by Project
As of 08/06/2025
Redwood Drive Hydrant
Mobilization 1/3 of total costs $ 2,666.67
Fire Hyd #1 - Commercial Total Cost 19,000.00
Concrete Repair 1/7 of total cost 1,142.86
Total Estimated Project Cost for Redwood Drive Hydrant $ 22,809.52 Pine Tree Circle Hydrant
Mobilization 1/3 of total costs $ 2,666.67
Fire Hyd #2 - Residential Total Cost 16,000.00
Total Estimated Project Cost for Pine Tree Circle Hydrant $ 18,666.67 Oretsky Way Service Lines Replacements
Mobilization 1/3 of total costs $ 2,666.67
Concrete Repair 6/7 of total cost 6,857.14
3/4 Water Service Total Cost 21,200.00
1" Dual Water Service Total Cost 13,000.00
Pave Services Total Cost 10,800.00
Total Estimated Project Cost for Oretsky Way Service Lines $ 54,523.81 Total of all projects $ 96,000.00
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SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A : NAIC #
NAME: CONTACT
(A/C, No): FAX
E-MAIL ADDRESS:

PRODUCER
(A/C, No, Ext): PHONE

INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A

SUBR WVDADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person) COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED

ANY AUTO

AUTOMOBILE LIABILITY

Y / N WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEEE.L. EACH ACCIDENT EROTH- STATUTE PER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY) POLICY EFFLTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $
$
OCCUR
CLAIMS-MADE DED RETENTION $
PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $ PERSONAL & ADV INJURY $ MED EXP (Any one person) $
EACH OCCURRENCE $ DAMAGE TO RENTED
PREMISES (Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
8/5/2025
Newfront Insurance Services (Construction)
777 Mariner Island Blvd, Suite 250
San Mateo, CA 94404
415-754-3635
www.Newfront.com
Scott Gaddy
Construction Team
[email protected]
Argonaut Constructor's, Inc.
360 Sutton Place
Santa Rosa CA 95407
86602709
✓
✓
✓
The City of Cotati, their officers, officials, employees, agents, and volunteers are named additional insured as respects to general and auto by written contract. 30 day notice of cancellation - 10 days for non-payment of premium.

RE: Water Repair Project
City of Cotati
201 West Sierra Avenue
Cotati CA 94931
RE: Water Repair Project.
liability on a primary and non-contributory basis, as required by written contract. Waiver of subrogation applies to workers compensation, as required Endorsements attached.
✓
A 54303073 1/1/2025 1/1/2026 2,000,000
100,000
✓
5,000
✓
2,000,000
✓ $5,000 Deductible
4,000,000
✓ Cont. Liab & X,C,U
✓ 2,000,000
B 54303072 1/1/2025 1/1/2026 1,000,000
✓
✓
✓ ✓
B 54303074 1/1/2025 1/1/2026 ✓
1,000,000 Y
1,000,000
1,000,000
Executive Risk Indemnity Inc 35181
Federal Insurance Company 20281
86602709 | 00015967 | 25-26 GL,AL,WC,XS,POLL, 2nd/3rd Layer Excess | Excl:XS OT1 OT2 OT3 OT4 | Jessica Flores | 8/5/2025 2:52:48 PM (PDT) | Page 1 of 17 208 of 387
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 20 10 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2

ADDITIONAL INSURED OWNERS, LESSEES OR

CONTRACTORS SCHEDULED PERSON OR

ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location(s) Of Covered Operations
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by:

1. Your acts or omissions; or

2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s)
designated above.

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and

2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.

B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:

This insurance does not apply to "bodily injury" or
"property damage" occurring after:

1. All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by or
on behalf of the additional insured(s) at the
location of the covered operations has been
completed; or

2. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a
principal as a part of the same project.

WHERE REQUIRED BY WRITTEN CONTRACT. ALL LOCATIONS WHERE REQUIRED BY WRITTEN CONTRACT.
54303073
86602709 | 00015967 | 25-26 GL,AL,WC,XS,POLL, 2nd/3rd Layer Excess | Excl:XS OT1 OT2 OT3 OT4 | Jessica Flores | 8/5/2025 2:52:48 PM (PDT) | Page 2 of 17 209 of 387