Agenda packet — San Rafael City Council, August 8, 2022

AGENDA

SAN RAFAEL CITY COUNCIL SPECIAL MEETING
MONDAY, AUGUST 8, 2022 AT 5:00 P.M.

Participate Virtually:

Watch on Zoom Webinar: https://tinyurl.com/spcc-2022-08-08 Listen by phone: (669) 900-9128
ID: 815-1308-6332#
One Tap Mobile: US: +16694449171,,81513086332#
Members of the public may speak on Agenda Items.

1. Planning Commission Interviews
Interview Applicants and Make Appointments to Fill Two At-Large Four-Year Terms to the End of June 2026 on the Planning Commission Due to the Expiration of Terms of Aldo Mercado and Jon Haveman (CC)
Recommended Action – Appoint two applicants

2. Park and Recreation Commission Interviews
Interview Applicants and Make an Appointment to Fill One Four-Year Term to the End of May 2026 on the Park and Recreation Commission Due to the Expiration of Terms of Ariel Gutierrez, Kathryn Reisinger and Stacey Laumann (CC)
Recommended Action – Appoint one applicant

3. Public Art Review Board Interviews
Interview Applicants and Make Appointments to Fill Two Four-Year Terms to the End of August 2026 and One Two-Year Term to the End of August 2024 on the Public Art Review Board (CC)
Recommended Action – Appoint three applicants
CONSENT CALENDAR:

4. Consent Calendar:
a. West End Village (1628 5th Avenue) Final Map 9-Unit Residential Condominium Building
Resolution Approving the Final Subdivision Map for the West End Village Subdivision for Condominium Purposes (PW)
Recommended Action – Adopt Resolution
ADJOURNMENT:

Any records relating to an agenda item, received by a majority or more of the Council less than 24 hours before the meeting, shall be available for inspection online. Sign Language interpreters may be requested by calling (415) 485-3066 (voice), emailing [email protected] or using the California Telecommunications Relay Service by dialing “711”, at least 72 hours in advance of the meeting. Copies of documents are available in accessible formats upon request.

____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Special Meeting
Agenda Item No: SM 1
Meeting Date: August 8, 2022

SAN RAFAEL CITY COUNCIL STAFF REPORT
Department: City Clerk
Prepared by: Lindsay Lara, City Clerk City Manager Approval: ___________ TOPIC: PLANNING COMMISSION INTERVIEWS
SUBJECT: INTERVIEW APPLICANTS AND MAKE APPOINTMENTS TO FILL TWO AT-LARGE FOUR-YEAR TERMS TO THE END OF JUNE 2026 ON THE

PLANNING COMMISSION DUE TO THE EXPIRATION OF TERMS OF

ALDO MERCADO AND JON HAVEMAN
RECOMMENDATION:

Interview the following applicants and make appointments to fill two at-large four-year terms to the end of June 2026 on the Planning Commission due to the expiration of terms of Aldo Mercado and Jon Havemen.

Name
Aldo Mercado
Jon Haveman
Mark Yatman
Meili Zhao
Sophia McInerney Corbett
BACKGROUND:

The Planning Commission consists of community volunteers appointed by the City Council to make decisions or advise the Council on land use and property development issues. The Commission assures that new development is consistent with our long-range General Plan, State laws and other public policies that advance the interests of our community. Meetings are held second & fourth Tuesdays at 7:00 p.m.

The terms of Aldo Mercado and Jon Haveman expired at the end of June 2022. The City Clerk’s office called for applications on April 21st and extended the application period to ‘open until filled’. During the application period, the City Council approved adopted Ordinance 2011, which amended the composition of the Planning Commission to include four district representatives on the Commission, to be implemented by attrition.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
ANALYSIS:

The deadline for submitting applications was left open until filled and the City Clerk’s Office received five (5) eligible applications. Because the call for applications was released prior to the adoption of Ordinance 2011, the recruitment was announced for atlarge applicants, and not for district representatives. Staff recommends appointing two atlarge Commissioners and plans to recruit for district representatives in the next vacancy cycle in 2023.

FISCAL IMPACT: There is no fiscal impact associated with this item.

COMMUNITY OUTREACH:

The call for applications for the Planning Commission was advertised through mass email notification, the City website, social media platforms, and physically posted at City facilities.

RECOMMENDED ACTION:

ATTACHMENT:

1. Five (5) Applications

2. Planning Commission Bylaws
Boards and Commissions Application
1 / 3
Q1
Contact Information
First and Last Name Aldo Mercado
Address
City/Town San Rafael
State/Province CA
ZIP/Postal Code 94901
Email Address
Phone Number
Q3
What Board would you like to apply to?
Planning Commission
Q7
How long have you lived in San Rafael?
6 years
Q8
Business Information
Company County of Sonoma County Counsel Office
Address 575 Administration Drive Room 105A
City/Town Santa Rosa
ZIP/Postal Code 95403
#6

COMPLETE
Collector: Web Link 1 (Web Link)
Started: Monday, April 25, 2022 7:30:20 PM
Last Modified: Monday, April 25, 2022 7:58:33 PM
Time Spent: 00:28:12
IP Address: 23.125.135.201

Page 1 ends

Page 3 ends

-
-
Boards and Commissions Application
2 / 3
Q9
How did you hear about this vacant position?
Friend
Q10
Do you participate in any civic activities? If so, what are they? I currently sit on the Planning Commission and have been a liaison for the Design Review Board. Previously, I participated in the Latino Civic Leadership Initiative (LCLI). LCLI’s purpose is to develop and support diverse candidates, focusing on the Latino community, for San Rafael’s boards and commissions.

I am a member of the Elks Lodge 1108 in San Rafael. As a member of the Elks we have worked to help our community through charitable works for youth, veterans, special needs, and other areas.

My civic engagement started in high school. I was a member of the Kiwanis club and volunteered in high school. In college I worked with local student groups in promoting civil justice and on campus. In law school I was SBA vice-president my second year and elected as SBA president my third year.

During my career I have made time to work with my community, be it helping families through foreclosures in the HOME Clinics during the great recession or serving on the Historic Landmarks Board for the City of Sausalito. I am proud to have been selected to the Sausalito Legislative Regulations Committee where I worked with the Mayor, Planning Director, City Attorney and members of the Planning Commission on amending and updating the City of Sausalito’s Planning Code.

Q11
List any civic organizations of which you are a member:

Association of Latina/o Marin Attorneys
Latino Civic Leadership Initiative
Elks 1108 in San Rafael
Q12
Education:

Christian Brothers High School, Sacramento California
B.A. in Literature from Univ. of California Santa Cruz
J.D. from Univ. of San Francisco School of Law
Boards and Commissions Application
3 / 3
Q13
Why are you interested in serving on a board or commission? I am interested in continuing to serve on the planning commission because I enjoy using my land use and real estate skills to help my community and the city San Rafael. I feel a sense of commitment and want to give back to this community that has so warmly welcomed me and my family.

For almost 15 years I have worked on land use and property development issues as a real estate attorney and real estate broker. I have been involved in hundreds of land use and development projects and gained a skill set that I believe is well suited for the planning commission. As such, I want to use these skills to serve the interest of my San Rafael community by assisting in ensuring that projects are consistent with our community’s long range plan and in compliance with applicable local and state laws.

I also believe that City Hall should represent its broad-based community. As an original member of the LCLI I realize that civic engagement is one of the most important a enues to assist your community and there is a need for diversity on all boards and commissions. As a first-generation Latino I can provide insight from my diverse background that will enhance the Commission’s ability to serve its community.

Moreover, I have a passion for real estate and enjoy project review. I appreciate the importance of the Planning Commission and providing applicants their due process and the community an opportunity to be heard and participate in the completion of projects. As a deputy county counsel for Sonoma County who specializes in real estate and land use, I have the background and understanding of the critical role the planning commission plays in the development of a community.

Q14
Describe possible areas in which you may have a conflict of interest with the City:

I live on Elkin Court and would be recused from any project immediately in my vicinity. As a Deputy Counsel for Sonoma County I may have a conflict if the project includes Sonoma County.

Q15
Upload your resume.

Mercado resume 4.25.22.pdf (131.7KB)
Q16
Ethnicity
Q17
To which gender do you most identify?
Q18
How old are you?

Page 4 ends

-
1111
Aldo R. Mercado, Esq. ...., San Rafael, CA. 94901
http://www.linkedin.com/pub/aldo-mercado/b/211/8b4

EXPERIENCE
Sonoma County Counsel's Office, Santa Rosa CA
Deputy County Counsel 01/17 - present
• Work with Pennit Sonoma, Public Works, Regional Parks, Auditor Controller and Board of Supervisors on various land use, infrastrncture and recove1y projects. • Worked with FEMA, Cal-OES, US Anny Co1p of Engineers and local agencies in addressing post fire debris removal including coordination of clean up and collection of proceeds to pay for same.
• Work on various service agreements, contracts, leases and other documents related to Covid-19 response and application of CARES Act funding. • Work with Public Health staff on Project Roomkey.
• Work with Community Development Commission on Project Homekey. • Prepared and conducted seminars and trainings on Brown Act and Public Records Act. • Work with Sonoma County Surveyor regarding compliance with Subdivision Map Act and local requirements for development of residential and commercial projects. • Work with Pennit Sonoma staff on project review of new development proposals for compliance with applicable code and county general plan. • Review and revise conditions of approval for various projects. • Work with architects, engineers and surveyors regarding planning and building of Behavioral Health Unit.
• Review and revise CC&Rs, BMPs and CEQA documents.
• Work with Sonoma County Agricultural Preservation and Open Space District in drafting conservation easements and associated documents.
• Assist other counsel with multiple complex development and land use projects.

Boss Law Firm APLC, San Francisco CA
Partner 07 /l O - 06/18
• Negotiated and drafted leases, easements, option agreements, public right of way dedications, road maintenance covenants, and licenses.
• Directed land use transactions in accordance with subdivision map act, including facilitating boundaiy adjustment applications and creation of Pai·cel Maps, compliance with coastal commission, and approval from city councils in southern and northern California.
• Supervised various constrnction projects from review of plans to issuance of final pennits. • Successfully mediated numerous contract, real estate, insurance and land use disputes. • Drafted pleadings for quiet title and refo1mation actions. • Prepared and conducted seminars on real property, title insurance, and land use law in California_
Mercado Resume Page 2 of 3
Boss Law Firm APLC, San Diego, CA
Managing Associate 11/07 – 07/10
• Supervised team of associate attorneys with handling hundreds of insurance claims, escrow disputes and real estate litigation cases.
• Prepared budget planning for cases, including litigation budgets, timelines, and case strategy for clients.
• Member of law firm leadership committee aimed at enhancing law firm’s productivity. • Successfully represented clients in mediations, arbitrations, court ordered settlement conferences, and administrative hearings.

Law offices of David G. Boss, San Diego, CA
Associate 02/05 – 11/07
• Reviewed hundreds of loan files, escrow files including purchase and sale agreement, disclosure statements, escrow instructions, title documents including policies, reports, and maps in remedying title insurance claims.
• Drafted hundreds of insurance coverage analysis opinions on various title, land use, leasing, and lender claim issues for major title companies in California. • Researched and drafted memorandums and correspondences on complex real estate and title insurance matters in both English and Spanish.

Federal Dept. of Labor Employee Benefits Security Administration, San Francisco, CA Student Intern 06/03 – 05/04
• Collaborated with federal investigators and US Attorneys in ERISA, COBRA and HIPAA investigations, including reviewed and audited welfare and pension plans, assisted with depositions and drafted advisory letters in English and Spanish to plan fiduciaries and participants.
• Advised hundreds of plan fiduciaries and participants regarding general rights and obligations in qualified pension and welfare plans.

California Rural Legal Assistance, Santa Cruz, CA
Legal Assistant 08/00 - 06/01
• Assisted attorneys with case preparation and intake on unlawful detainers, social security appeals and education expulsion hearings.
• Translated case information for Spanish speaking clients. Assisted attorneys write memorandums and closing letters in both Spanish and English.

American Center For International Labor Solidarity, Philippines and Washington D.C.

Summer Fellow Summer 2000
• Researched and drafted report of findings on US -AID funded labor, social and political campaigns in the Philippines.
• Coordinated meetings with financial administrators about Philippine working conditions and standards in the export economic zones.

EDUCATION
University of San Francisco School of Law, San Francisco, CA Mercado Resume Page 3 of 3
Juris Doctor, May, 2004
• CALI Award for Excellence in Advanced
Labor & Employment Law 2004
• Elected Class Commencement Speaker 2004
• Student Bar Association President 2003-2004
• Student Bar Association Vice-President 2002-2003
• La Raza Association Vice President 2002-2003
• Maritime Law Journal Editor 2002-2003
• Academic Support Program Torts Tutor 2002-2003
University of California, Santa Cruz, Santa Cruz, CA
Bachelor of Arts, World and Cross Culture Literature, June, 2000 • Elected Class Commencement Student Speaker 2000
• Stevenson College Community Service Award 2000

PROFESSIONAL AFFILIATIONS
Member, State Bar of California 11/04 –present
Broker, California Dept. of Real Estate 04/10 - present Commissioner, San Rafael Planning Commission 07/18 - present Member, Assoc. Latino Marin Attorneys 07/13- present
Member, Sausalito Historic Landmarks Board 01/15- 10/16 Member, Sausalito Legislative Regulations Committee 07/15 –10/16 Member, USF School of Law Board of Governors 06/04 – 06/05 Member, Ethnic Minority Relations Committee / State Bar of Ca. 10/05 – 10/06 Volunteer, HOME Clinics in San Diego 10/06 – 07/10
Writer, Nolo Press 05/15- 05/18
Member, Elks Lodge 1108, San Rafael CA 10/16- present
Member, San Rafael Toastmasters 08/16 – 08/18

LANGUAGES
Fluent in Spanish conversation, reading, and writing

INTEREST/HOBBIES
Fitness and spending time with my family
Boards and Commissions Application
1 / 3
Q1
Contact Information
First and Last Name Jon Haveman
Address
City/Town San Rafael
State/Province CA
ZIP/Postal Code 94901
Email Address
Phone Number
Q3
What Board would you like to apply to?
Planning Commission
Q7
How long have you lived in San Rafael?
20 years
Q8
Business Information
Company National Economic Education Delegation
Address 874 Fourth St, Second Floor #1
City/Town San Rafael
ZIP/Postal Code 94903
#10

COMPLETE
Collector: Web Link 1 (Web Link)
Started: Friday, April 29, 2022 2:33:18 PM
Last Modified: Friday, April 29, 2022 2:38:20 PM
Time Spent: 00:05:02
IP Address: 67.161.42.173

Page 1 ends

Page 3 ends

-
Boards and Commissions Application
2 / 3
Q9
How did you hear about this vacant position?
Other (please specify):

Currently serving on the Planning Commission
Q10
Do you participate in any civic activities? If so, what are they? Executive Director of the National Economic Education Delegation Treasurer of the Coleman PTO
Q11
List any civic organizations of which you are a member:

Citizens Climate Lobby
San Rafael Planning Commission
Q12
Education:

Ph.D. in Economics
Q13
Why are you interested in serving on a board or commission? I have been serving for a year and believe that as an economist I have a unique perspective to bring.

Q14
Describe possible areas in which you may have a conflict of interest with the City:

None
Q15
Upload your resume.

HavemanCV.pdf (86.9KB)
Q16
Ethnicity

Page 4 ends

Boards and Commissions Application
3 / 3
Q17
To which gender do you most identify?
Q18
How old are you?
-
1111
Curriculum Vitae
Jon D. Haveman, Ph.D.

Executive Director
National Economic Education Delegation
San Rafael, CA 94901
Education
Phone:

E-mail:
• 1992: Ph.D. in Economics, University of Michigan, Ann Arbor • 1990: M.A. in Economics, University of Michigan, Ann Arbor • 1986: B.S. in Economics, University of Wisconsin, Madison Employment History
• 2018-Current: Founder and CEO, EconSpeak.org
• 2017-Current: Founder and Executive Director, National Economic Education Delegation
• 2013-Current: Principal, Marin Economic Consulting, LLC • 2013-Current: Senior Research Fellow, Marin Economic Forum • 2011-2013 : Founding Principal, Haveman Economic Consulting, LLC • 2011-2013 : Chief Economist, Bay Area Council Economic Institute • 2007-2010: Founding Principal, Beacon Economics, LLC
• 2004-2006: Program Director, Economy, Public Policy Institute of California • 2003-Current: Founder and Executive Director, Forum for Research in Empirical International Trade (FREIT)
• 2001-2004: Research Fellow, Public Policy Institute of California • 2000-2001: Economist, United States Federal Trade Commission • 1999-2000: NSF/ ASA Visiting Research Fellow, U.S. Bureau of the Census, Center for Economic Studies
• 1999: Visiting Fellow, Public Policy Institute of California • 1997-1998: Senior Economist, Council of Economic Advisers, Executive Office of the President of the United States
• 1992-2000: Assistant Professor, Purdue University, Krannert School of Management
• 1985-1987: Research Associate, Lauri ts R. Christensen Associates Consultini: Experience / Major Clients
• 2019: Prosperity Now
• 2017: United States Geological Survey (USGS)
• 2016: Mission Bay Alliance
• 2015: ExtraFood.org Advisory Board, Consulting Economist § 2015: Ewing Marion Kauffman Foundation
§ 2015: Joint Venture Silicon Valley
§ 2014: Marin Economic Forum
§ 2014: Corporation for Enterprise Development
§ 2013: Bay Area Council Economic Institute
§ 2012: San Mateo Transportation (SAMTrans)
§ 2012: California Endowment
§ 2012: Bay Area Joint Policy Committee
§ 2010: East Bay Economic Development Alliance
§ 2010: San Mateo County Economic Development Association § 2009: Child and Family Policy Institute of California § 2008-2009: Port of Oakland
§ 2008-2009: City of Oakland, CA
§ 2008: City of San Jose, CA
§ 2007-2008: William and Flora Hewlett Foundation
§ 2006, 2008: American Institute of Certified Public Accountants § 1991-1998: The Center for Research on Budget and Policy Priorities § 1991: The Urban Institute
Select Speeches/Talks Given as Consultant (Select List) § United Way of Silicon Valley
§ California High Speed Rail Authority
§ San Mateo County
§ Presidio Bank
§ Marin Forum
§ North Bay Leadership Council
§ Association of California Community College Administrators § Walz Group
§ Alameda County Finance Officers Group
§ Citibank
§ City National Bank
§ Bay Area Council Economic Institute
§ Association of Pacific Ports
§ California Maritime Leadership Symposium
§ City of Alameda
§ Kaiser Permanente
§ Monterey County
§ Construction Employers Association
§ Burr, Pilger, Mayer
§ Urban Land Institute
§ San Francisco Chamber of Commerce
§ South Bay Economic Development Alliance
§ Humboldt County
§ Colliers International
§ Bay Area World Trade Center
§ Northern California Trade Corridor Coalition
§ Los Angeles Chamber of Commerce
§ Port of Los Angeles
§ Port of Oakland
Recent Economic Development and Consulting Publications “Bay Area Employment Changes: Trouble in the Tech World? February, 2017 Update”, SAMCEDA, April 2017.
“The State of Redwood City, California: Indicators and Revenue Forecasts”, March 2017.
“California Regulations and Employment in Silicon Valley”, for Joint Venture Silicon Valley, July 2016.
“Warriors Stadium Economics: Uncertainty and Alternatives”, for the Mission Bay Alliance, November 2015.
“Marin County Comprehensive Economic Development Strategy (CEDS)”, coauthored with Rob Eyler and the Marin Economic Forum, September 2015. “Inequality in the San Francisco Bay Area”, Joint Venture Silicon Valley, July 2015. “Poverty in the San Francisco Bay Area”, Joint Venture Silicon Valley, March 2015. “US Economic Overview”, Marin Economic Forum, October 2015, 2014, and 2013. “California Economic Overview”, Marin Economic Forum, October 2015, 2014, and 2013.
“Driver-LMC Relationships in Port Drayage: Effects on Efficiency, Innovation, and Rates With Special Attention to Shippers Transport Express,” Marin Economic Consulting White Paper, August, 2014.
“The Economic Impact of the 34th America’s Cup in San Francisco,” Bay Area Council Economic Institute, December 2013.
“The Economic Impact of San Francisco Hotels,” Bay Area Council Economic Institute, October 2013.
“The Bay Area: A Regional Economic Assessment,” Bay Area Council Economic Institute, October 2013.
“Labor Supply and Commute Patterns in San Mateo County,” Bay Area Council Economic Institute, November 2012.
“The Economic Impact of Caltrain Modernization,” Bay Area Council Economic Institute, June 2012.
“The Economic Impact of the Affordable Care Act on California,” Bay Area Council Economic Institute, May 2012.
“Building on our Assets: Economic Development and Job Creation in the East Bay,” contributing author, East Bay Economic Development Alliance, October 2011. “Deconstructing and Understanding the Employment Dynamics of the San Mateo County Economy,” Haveman Economic Consulting, June 2011. “The America’s Cup: Economic Impacts of a Match on San Francisco Bay,” Bay Area Council Economic Institute, July 2010.
“Comprehensive Truck Management Program: Economic impact Analysis,” for the Port of Oakland, March 2009.

“Spending on County Human Services Programs in California: An Evaluation of Economic Impacts,” with Eric Fisher and Fannie Tseng, for the Child and Family Policy Institute of California, March 2009.
“Clean Trucks Program: An Economic Policy Analysis,” with Christopher Thornberg, for the William and Flora Hewlett Foundation, February 2008. “Waiting To Save: A Crisis of the Young,” with Christopher Thornberg, for the American Institute of Certified Public Accountants, November 2008. “An Economic Backdrop for Fiscal Reform in California,” with Christopher Thornberg, for California Forward, November 2008.
“Container Fees and Commercial Benefits of Improved Waterborne Goods Movement Infrastructure in California,” with Christopher Thornberg, for the Natural Resources Defense Council and the Coalition for Clean Air, August 2007. “Savings and Asset Accumulation Among Americans 25-34,” with Christopher Thornberg, for the American Institute of Certified Public Accountants, October 2006.

Refereed Publications

“The Container Security Initiative and Ocean Container Threats,” with Howard J.

Shatz, Ethan Jennings, and Gregory C. Wright. Journal of Homeland Security and Emergency Management, v. 4, no. 1, Mar. 2007.

“U.S. Port Security Policy After 9/11: An Overview and Evaluation,” with Howard J.

Shatz. Journal of Homeland Security and Emergency Management, Vol 2, No. 4, 2005.

“Developed Country Trade Barriers and the Least Developed Countries: The Current Situation,” with Howard J. Shatz. Journal of Economic Integration, Vol 19, No. 2, 2004.

“Developed Country Trade Barriers and the Least Developed Countries: The Economic Results of Freeing Trade,” with Howard J. Shatz. In The WTO, Developing Countries and the Doha Development Agenda: Prospects and Challenges for Trade-Led Growth, edited by Basudeb Guha-Khasnobis, Palgrave-Macmillan, 2004.

“Alternative Hypotheses and the Volume of Trade: The Gravity Equation and the Extent of Specialization,” with David Hummels. Canadian Journal of Economics, Vol. 37, No. 1, 2004.
“How Effective are Trade Barriers? An Empirical Analysis of Trade Reduction, Diversion and Compression,” with Jerry Thursby and Usha Nair-Reichert. Review of Economics and Statistics, Vol. 85, No. 2, 2003.

“International Integration and Growth: A Survey and Empirical Investigation” with Vivian Lei and Janet S. Netz. Review of Development Economics, Vol. 5, Issue 2, June 2001.

“All in The Family: Family, Income and Labor Force Attachment.” with Janet S. Netz.

Feminist Economics, Vol. 5, No. 2, Fall 1999.

“The Influence of Changing Trade Patterns on Displacements of Labor.” International Trade Journal, Vol. 12, No. 2, Summer 1998.

“Trade Creation and Trade Diversion: Some New Empirical Evidence,” with David Hummels. Journal of Transnational Management Development, Vol. 3, No. 2, 1998.

Reprinted in Globalization and Regionalization: Strategies, Policies, and Economic Environments, eds, Jean-Louis Muchielli, Peter J. Buckley, and Victor V. Cordell, 1998.

“The Effects of Protection on the Pattern of Trade: A Disaggregated Analysis,” with Jerry Thursby and Usha Nair. In Business and Economics for the 21st Century, Vol. 1, 1997.

“Some Welfare Effects of Sequential Customs Union Formation,” Canadian Journal of Economics, Vol. 29, No. 4, November 1996.

“The Effects of U.S. Trade Laws on Poverty in America,” with Alan V. Deardorff, Journal of Human Resources, Vol. 30, No. 4, Fall 1995.

“Sectoral Effects of Reductions in NATO Military Expenditures in the Major Industrialized and Developing Countries,” with Alan V. Deardorff and Robert M.

Stern, Open Economies Review, Vol. 4, No. 3, 1993.
“Some Economic Effects of Unilateral and Multilateral Reductions in Military Expenditures in the Major Industrialized and Developing Countries,” with Alan V.

Deardorff and Robert M. Stern, Journal of Conflict Management and Peace Science, Vol. 12, No. 1, 1992. Reprinted in Defense Spending and Economic Growth, eds, James E. Payne and Anandi P. Sahy, 1993.

Other Publications

“An Overview of U.S. Port Security Programs,” with Howard J. Shatz, in The Economic Impacts of Terrorist Attacks, Harry W. Richardson, Peter Gordon, and James E.

Moore, II (eds.) Edward Elgar: Northampton MA, 2005.

"The Benefits of Market Opening," with Mark R. Hopkins, 1998 Economic Report of the President, Chapter 7, February 1998.

"The Welfare Implications of Trading Blocs Among Countries with Different Endowments: A Comment," In The Regionalization of the World Economy, J. A.

Frankel (ed.)., 1997.

"Victory for Free Trade and For Indiana," with Janet S. Netz, Hoosier Banker, Vol. 79, No. 2, February 1995.

"New Dimensions in Regional Integration: A Review," Journal of International Economics, Vol. 38, No. 1/2, 1995.

"Computational Analysis of the Sectoral Effects on United States Trade and Employment of Unilateral and Multilateral Reductions in Military Expenditures," with Alan V. Deardorff and Robert M. Stern, in The Macroeconomic Dimensions of Arms Reductions, edited by F. Gerard Adams. Pew Studies in Economics and Security. Boulder and Oxford: Westview Press, 1992.

"State Poverty Rates for Whites, Blacks, and Hispanics in the Late 1980s," with Sheldon Danziger and Robert D. Plotnick, Focus, Vol. 3, No. 1, Spring 1991.

Publications for the Public Policy Institute of California

“Securing the Nation’s Seaports: Balancing Security and cost” with Howard J. Shatz.

Public Policy Institute of California, Edited Volume, 2006.

“California and the Global Economy: Recent Facts and Figures, 2006 Edition” with Ethan M. Jennings and Howard J. Shatz. Public Policy Institute of California, Occasional Paper, 2006.

“Recent Trends in Exports of California’s Information Technology Products,” with Howard J. Shatz, in California Economic Policy, Vol. 1, No. 2, Public Policy Institute of California, 2005.

“California and the Global Economy: Recent Facts and Figures,” with Howard J. Shatz and Greg C.Wright. Public Policy Institute of California, Occasional Paper, 2005.

“Services Offshoring: Background and Implications for California,” with Howard. J.

Shatz, Public Policy Institute of California, Occasional Paper, 2004.

"California’s Global Gateways: Trends and Issues," with David Hummels. Public Policy Institute of California, April, 2004.

"Foreign Tariff Reductions and California’s Exports." Public Policy Institute of California, June, 2003.

“Imports, Exports, and Shipping Services: The Balance Between California and Other States.” Public Policy Institute of California, Occasional Paper, April 2003.

“California and the World Economy: Exports, Foreign Direct Investment and U.S.

Trade Policy,” with Howard J. Shatz , and Ernesto Vilchis. Public Policy Institute of California, Occasional Paper, December 2002.

“Expanding California's Technology Sector.” Public Policy Institute of California, Occasional Paper, November 2002.

"California's Vested Interest In U.S. Trade Liberalization Initiatives." Public Policy Institute of California, March 2001.

Testimony and Presentations before Government Bodies

May/17: “A Redwood City Economic Forecast”, Redwood City City Council, Redwood City, CA.

April/17: “A Redwood City Economic Forecast”, Redwood City City Council Finance Subcommittee, Redwood City, CA.

January/17: Economic Forecast Roundtable, California Energy Commission, Sacramento, CA.

March/16: Testimony before the San Francisco Board of Supervisors regarding the America’s Cup, San Francisco, CA.

October/12: “The Economic Impact of Caltrain Modernization,” California High Speed Rail Authority, Sacramento, CA.

November/06: “Securing the Nation’s Seaports: Balancing Security and Costs,” Presentation before the Port of Los Angeles Harbor Commission, San Pedro, CA.

August/06: “Securing the Nation’s Seaports: Balancing Security and Costs,” Joint Legislative Committee on Emergency Services and Homeland Security and the Senate Committee on Transportation & Housing Subcommittee on California Ports & Goods Movement, Securing California’s Maritime Transportation System: Seamless Operational Security (SOS), Long Beach, CA.

July/06: “Securing the Nation’s Seaports: Balancing Security and Costs,” luncheon presentation for Congressional Staffers, Washington, DC.

July/04: “California’s Global Gateways: Trends and Issues,” presented at a meeting of the Port of Los Angeles Citizen’s Advisory Commission.

May/04: “Background and Perspectives on Offshoring,” presented at a hearing on the Offshoring of Services sponsored by the California Assembly Office of Policy Planning and Research.

August/03: “Foreign Tariff Reductions and Southern California’s Small and Medium Sized Exporters,” presented to the Subcommittee on Tax, Finance, and Exports of the Committee on Small Business of the United States House of Representatives at a hearing entitled Small Business Exporting and the Southern California Economy, Long Beach, California.

July/03: “Foreign Tariff Reductions and California Exports,” luncheon presentation for Congressional Staffers, Washington, DC.

April/03: “Imports, Exports, and Shipping Services: The Balance Between California and Other States,” luncheon presentation for Congressional Staffers, Washington, DC.

November/02: “Expanding California’s Technology Sector,” presented to the California Assembly Subcommittee on Information and Technology in Santa Clara, California.

November/01: “California’s Vested Interest in U.S. Trade Liberalization Initiatives,” luncheon presentation for Congressional Staff, Washington, DC.

Professional Service (2000-Present)

2006-Current: Co-Organizer of professional development conferences in each of the United States, Japan, Canada, and Slovenia each year.

October 2006: Conference Co-Organizer, The Thirteenth Annual Conference on Empirical Investigations in International Trade, with Calgary University, in Banff, Canada.

June 2006: Conference Co-Organizer, The Third Annual Conference on Empirical Investigations in International Economics, Ljubljana University, Slovenia.

November 2005: Conference Co-Organizer, The Twelfth Annual Conference on Empirical Investigations in International Trade, at Purdue University.

June 2005: Conference Co-Organizer, The Second Annual Conference on Empirical Investigations in International Economics, Ljubljana University, Slovenia.

November 2004: Conference Co-Organizer, The Eleventh Annual Conference on Empirical Investigations
in International Trade, at The University of California Santa Cruz.

June 2004: Conference Co-Organizer, The First Annual Conference on Empirical Investigations in International Economics, Ljubljana University, Slovenia.

Sponsored primarily by the Faculty of Economics, Ljbuljana University.

November 2003: Conference Co-Organizer, The Tenth Annual Conference on Empirical Investigations in International Trade, at Purdue University.

November 2000: Conference Co-Organizer, The Seventh Annual Conference on Empirical Investigations in International Trade, at the University of Colorado - Boulder.

Referee: American Economic Review, Economic Journal, Journal of International Economic Integration, Journal of International Economics, Review of International Economics, Review of Economic Statistics, Journal of Industrial Economics, Southern Economic Journal, Canadian Journal of Economics, Journal of Peace Science.

Reviewer: National Science Foundation

Conference Participation/Presentations (2000-current)

November, 1994-March, 2019: 64 conferences organized under the Forum for Research in Empirical International Trade (FREIT)
- Empirical Investigations in International Trade, United States - Rocky Mountain Empirical Trade, Canada
- Ljubljana Empirical Trade Conference, Slovenia
- Sardinia Empirical Trade Conference, Italy
- Empirical International Trade and Investment, Asia (various) April/06: Participant, Fresh Voices: The United States and Europe in a New Age, The Hague, Netherlands.

February/06: Presenter: “Seaport Activity and Local Establishment Dynamics,” National Urban Freight Conference, Sponsored by USC and CSULB, Long Beach, CA.

December/05: Participant, Fresh Voices: The United States and Europe in a New Age, Austin, TX.

December/03: Participant and Discussant, Regional Integration Network Symposium on Globalization, Punta Del Este, Uruguay.

July/03: Panelist: “The Globalization of California’s Economy,” Roundtable Discussion, organized by the Bay Area Economic Forum, the Public Policy Institute of California, and the Pacific Council on International Policy, San Francisco, CA.

June/03: Presented: “Foreign Tariff Reductions and California’s Exports,” Congressional Briefing organized by the California Institute, Washington, DC.

June/03: Presented: “Foreign Tariff Reductions and California’s Exports,” at a discussion forum organized by the Pacific Council on International Policy, Los Angeles, CA.

November/02: Discussant, Conference on: Empirical Investigations in International Trade, Emory University.

October/02: Discussant, Fifth annual Santa Cruz Center for International Economics Conference.

November/01: Discussant, Conference on Empirical Investigations in International Trade, Purdue University.

July/01: Presented: “Trade Reduction, Compression, and Diversion: Empirical Regularities in the Effects of Protective Measures.” Industrial Production Group - Federal Reserve Board, Washington, DC

November/00: Discussant, Conference on: Empirical Investigations in International Trade, University of Colorado - Boulder.

January/00: Presented: “Trade Reduction, Compression, and Diversion: Empirical Regularities in the Effects of Protective Measures.” Bureau of Economic Analysis, Washington, DC

Courses Taught

§ Principals of Microeconomics (Undergraduate)
§ International Economics (Undergraduate)
§ Labor Economics (Undergraduate, Masters)
§ Economic Analysis (Undergraduate)
§ Managerial Economics (Graduate)
§ Empirical International Trade (Graduate)
§ International Trade Theory (Graduate)
Boards and Commissions Application
1 / 3
Q1
Contact Information
First and Last Name Mark Yatman
Address
City/Town San Rafael
State/Province CA
ZIP/Postal Code 94901
Email Address
Phone Number
Q3
What Board would you like to apply to?
Park and Recreation Commission
Q7
How long have you lived in San Rafael?

1.5 Years
Q8
Business Information
Company Drift Inc
Address 153 kearny street 5th floor
City/Town San Francisco
ZIP/Postal Code 94104
#5

COMPLETE
Collector: Web Link 1 (Web Link)
Started: Monday, April 25, 2022 11:52:38 AM
Last Modified: Monday, April 25, 2022 12:02:03 PM
Time Spent: 00:09:25
IP Address: 67.161.40.86

Page 1 ends

Page 3 ends

-
Boards and Commissions Application
2 / 3
Q9
How did you hear about this vacant position?
Friend
Q10
Do you participate in any civic activities? If so, what are they? No official connections over the past 2 years due to Covid. Previously fund raising and assisting with the scouts and food kitchens within San Francisco while part of the Elks which I am member of. Now member of the Elks San Rafael organization.

Q11
List any civic organizations of which you are a member:

Elks Club
Q12
Education:

Bachelors in Marketing and Statistics
Q13
Why are you interested in serving on a board or commission? I enjoy giving back to my community and want to be a part of the decisions making it a great place to live while I build a family here.

I run 30+ person teams and believe my analytics problem solving and management skills can get put to use in my community.

Q14
Describe possible areas in which you may have a conflict of interest with the City:

None
Q15
Upload your resume.

Resume VNEW.docx.pdf (69.8KB)
Q16
Ethnicity

Page 4 ends

Boards and Commissions Application
3 / 3
Q17
To which gender do you most identify?
Q18
How old are you?
-
1111
Mark Eugene Yatman
~ San Rafael, CA
Objective
Senior Management professional who excels in building, coaching and leading successful teams within an outstanding organization. In short, I want to make the place where I work better in every way possible.

Skills
● Hiring and Coaching top tier talent
● Process oriented to establish scalable customer experience teams ● Managing with empathy and candor to clearly set expectations ● Strategically leading to ensure success in perpetuity, not just today Professional Experience
Drift Inc.

Sr. Manager, Enterprise Customer Success, March - 2021 - Present ● Managing the west and central Customer Success team of 13 CSMs ● Strategic account management coaching and talent acquisition ● Partnering with Sales, Marketing and Product to executive high priority initiatives such as the CAI launch, CAB and cross Enablement process.

Demandbase Inc.

Director of Customer Success, Dec 2017 – March - 2021
● Managing 2 CSM teams of high performing Customer Success Managers in the competitive ABM industry
● Focusing on team and talent, keeping a healthy employee pipeline, and training my team ● Creating the Customer Lifecycle and Enablement plan for the Mid-Market CSM segment. ● Leading my team to meet or exceed Renewal and Adoption goals 9 quarters in a row ● Identifying leaders for their first management experience to lead our east and west CSM teams which rolled up to me.

Sr. Manager of Strategic Consulting – May 2015 - 2017
● Lead 2 Managers, 4 Strategic Consultants, and 8 Campaign Strategists with a billable services model
● Created a paid consulting offering within Demandbase for Enterprise Customers Brafton,
Lead, Customer Strategy – April 2013 - 15
● Lead a team of 6 Account Managers responsible for Customer Success, focusing on account growth and renewal
● Data Analysis and Consulting oriented services sales
● Team Skill Improvement training and coaching
Ricoh Americas Corporation
Account Executive Sept 2010 - 11
● Accomplished salesmen of the month on three separate occasions in current fiscal year, out of 22 Accounts executives and Awarded overachievement award in 2011 ● Achieved 2 consecutive years in the presidents club with 162% quota attainment.

Education
California State University, Chico
College Of Business, Marketing and Statistics 2006-10
Wharton Online
Strategic Management Masters Certification Program – 2019-2020 Boards and Commissions Application
1 / 3
Q1
Contact Information
First and Last Name Meili Zhao
Address
Address 2
City/Town San Rafael
State/Province CA
ZIP/Postal Code 94901
Email Address
Phone Number
Q3
What Board would you like to apply to?
Board of Library Trustees,
Design Review Board,
Park and Recreation Commission,
Planning Commission,
Public Art Review Board
Q7
How long have you lived in San Rafael?
8 years
#4

COMPLETE
Collector: Web Link 1 (Web Link)
Started: Thursday, June 16, 2022 8:58:25 AM
Last Modified: Thursday, June 16, 2022 9:05:12 AM
Time Spent: 00:06:47
IP Address: 73.93.82.30

Page 1 ends

Page 3 ends

-
Boards and Commissions Application
2 / 3
Q8
Business Information
Company Meilizhaoart
Address 1515 3rd street San Rafael
City/Town San Rafael
ZIP/Postal Code 94901
Q9
How did you hear about this vacant position?
Social Media,
City Manager's Newsletter
Q10
Do you participate in any civic activities? If so, what are they? Not yet
Q11
List any civic organizations of which you are a member:

Not yet
Q12
Education:

Masters degree
Q13
Why are you interested in serving on a board or commission? I love our area
Q14
Describe possible areas in which you may have a conflict of interest with the City:

Art work
Q15
Upload your resume.

Respondent skipped this question

Page 4 ends

Boards and Commissions Application
3 / 3
Q16
Ethnicity
Q17
To which gender do you most identify?
Q18
How old are you?
-
1111
Boards and Commissions Application
1 / 3
Q1
Contact Information
First and Last Name Sophia McInerney Corbett
Address
City/Town San Rafael
State/Province California
ZIP/Postal Code 94901
Email Address
Phone Number
Q3
What Board would you like to apply to?
Design Review Board,
Park and Recreation Commission,
Planning Commission
Q7
How long have you lived in San Rafael?
almost 2 years
#3

COMPLETE
Collector: Web Link 1 (Web Link)
Started: Thursday, April 21, 2022 12:47:52 AM
Last Modified: Thursday, April 21, 2022 10:08:34 PM
Time Spent: 21:20:42
IP Address: 73.70.81.224

Page 1 ends

Page 3 ends

-
-
Boards and Commissions Application
2 / 3
Q8
Business Information
Company Colla and Ray LLP
Address 1561 Powell Street
City/Town San Francisco
ZIP/Postal Code 94133
Q9
How did you hear about this vacant position?
Social Media
Q10
Do you participate in any civic activities? If so, what are they? Fundraising for schools and other charitable organizations; volunteering and participating in group activities; doing pro bono attorney work for those in need; and just generally looking out for neighbors (whether it is helping with packages if they are out of town or helping their kid after they fell off a bike), reuniting lost pets with owners.

Q11
List any civic organizations of which you are a member:

Sun Valley PTO
State Bar of California
Q12
Education:

U of San Francisco Law School Graduate
University of Southern California Undergraduate, Double major BAs in Philosophy and international relations.

Graduate of Saint Ignatius College Prep in San Francisco.

Q13
Why are you interested in serving on a board or commission? To help preserve and grow the beautiful town I can now call my forever hometown.

Boards and Commissions Application
Q14
Describe possible areas in which you may have a conflict of interest with the City:

Lawsuits that other attorneys at my firm handle that could be related in any way. I am not aware of any, however I could be ethically screened from those cases, if there are any. I worked at the San Francisco City Attorneys Office for 5 years and am familiar with setting up those walls.

Q15
Upload your resume.

Page 4 ends

Q16
Ethnicity
Q17
To which gender do you most identify?
Q18
How old are you?
Respondent skipped this question
-
-
3/3
Planning Commission Bylaws

Page 1 of 2 ends

PLANNING COMMISSION BYLAWS
ARTICLE I. NAME AND PURPOSE
Section 1.1. Name. The name of this body shall be the City of San Rafael Planning Commission, hereinafter referred to as the “Commission.” Section 1.2. Purpose. The purpose of the Commission to make decisions or advise the Council on land use and property development issues. The Commission assures that new development is consistent with our long-range General Plan, State laws and other public policies that advance the interests of our community.

Section 1.3. Committee Responsibility. The Commission’s authority is decisionmaking.

It shall be the function and duty of the planning commission to act as a decision-making body on quasi-legislative matters including but not limited to:
• major subdivisions as delegated to the planning commission under Title 15 • conditional use permits delegated to the planning commission • environmental and design review permits delegated to the planning commission
• appeals made by a lower body and appealed to the planning commission It shall be the function and duty of the planning commission to act as an advisory body to the city council on legislative matters related to but not limited to the following:
• General Plan updates and amendments
• Zoning Text and Zoning Map Amendments
• Other land use item requiring City Council action
It shall be the duty of the members of the planning commission, to inform themselves on matters affecting the functions and duties of the commission and all planning matters, and, to that end, may attend training and planning conferences and the reasonable traveling expenses incidental to the attendances shall be charged upon the funds allocated to the commission.

The planning commission shall endeavor to promote public interest and understanding of plans developed, and the regulations relating thereto. The commission shall adopt rules for the transaction of business and shall keep a record of its resolutions, transactions, findings, and determinations, which records shall be a public record.

ARTICLE II. MEMBERSHIP
Section 2.1. Number of Members. The Commission shall consist of a total of seven (7) members as follows:

Planning Commission Bylaws

Page 2 of 2 ends

- District 1 Representative
- District 2 Representative
- District 3 Representative
- District 4 Representative
- At-large Member
- At-large Member
- At-large Member
Section 2.2. Eligibility. The Commission shall be composed of seven (7) regular voting Members, one commissioner from each district, and three at-large commissioners.

Requirements for eligibility:

1. District Representatives: Each district representative must reside in the district they represent.

2. At-Large Members: Must reside in city limits.

Section 2.3. Term Limits. Members of the Committee shall be limited to three (3) consecutive four-year terms. Additional terms may be served if there is a break between terms.

Section 2.4. Absence and Removal. An unexcused absence from two (2) consecutive Commission meetings without notification to the Staff Liaison shall be considered a voluntary resignation from the Commission. Previously dismissed Commission members may be eligible for reappointment to the Commission.

Section 2.5. Compensation. Commissioners shall serve without compensation.

ARTICLE III. MEETINGS
Section 3.1. Time and date of Regular Meeting. Notification of meeting place, date, and time shall be rendered to the public through posting on the City of San Rafael website.

Regularly scheduled Commission meetings shall be the second and fourth Tuesday of each month, but these dates may be impacted by holidays. A schedule shall be approved annually by the Commission. The Commission shall meet once per month and shall be scheduled annually. The schedule for the upcoming year will be set by December of the previous year.
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Special Meeting
Agenda Item No: SM 2
Meeting Date: August 8, 2022
TOPIC: PARK AND RECREATION COMMISSION INTERVIEWS
SUBJECT: INTERVIEW APPLICANTS AND MAKE AN APPOINTMENT TO FILL ONE FOUR-YEAR TERM TO THE END OF MAY 2026 ON THE PARK AND RECREATION COMMISSION

DUE TO THE EXPIRATION OF TERMS OF ARIEL GUTIERREZ, KATHRYN

REISINGER AND STACEY LAUMANN
RECOMMENDATION:

Interview the following applicants and appoint one applicant to fill one four-year term on the Park and Recreation Commission to the end of May 2026.

BACKGROUND:

The terms of Ariel Gutierrez, Kathryn Reisinger and Stacey Laumann were set to expire at the end of May 2022. On June 28, 2022, the City Clerk’s Office called for applications to fill three vacancies of the full voting members. Subsequently, on June 6, 2022, the City Council adopted Resolution 15090, Park and Recreation Bylaws, and on June 21, 2022, the City Council adopted Ordinance 2010 which amended the composition of the Park & Recreation Commission, changing the membership from seven members to five members through attrition. Commissioner Laumann is terming off of the Commission due to meeting the maximum of two terms, and Commissioner Kathryn Reisinger did not reapply.

The Park and Recreation Commission assists the City Council in developing and implementing the longrange plans for City parks and recreation facilities, monitors current service levels and community needs, reviews the performance of City partnerships with community groups in the utilization of facilities and production of programs, and reviews and advises on general policies and procedures in the delivery of park, recreation, child care and cultural services. Meetings are held on the third Thursday of each month at 6:00 p.m. at the San Rafael Community Center at 618 B Street, San Rafael, CA 94901; however, due to COVID-19, the Commission is currently meeting virtually.

ANALYSIS:

Six (6) applications were received in the City Clerk’s Office by the extended deadline, and the Park and Recreation Commission Council Liaison, Councilmember Hill, and Mayor Kate reviewed the applications

SAN RAFAEL CITY COUNCIL STAFF REPORT
Department: City Clerk
Prepared by: Lindsay Lara, City Clerk City Manager Approval: _________ Names
Ariel Gutierrez
Ceci De La Montanya
Mark Yatman
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
and selected three (3) applicants to move forward to be interviewed. Staff recommends holding interviews of the three (3) applicants and appointing one applicant to the Park and Recreation Commission, which would bring membership to five members total.

COMMUNITY OUTREACH:

The call for applications was advertised through mass email notification, the City website, social media platforms, and physically posted at City facilities.

FISCAL IMPACT:

There is no fiscal impact associated with this action.

RECOMMENDED ACTION:

Interview the listed applicants and appoint one applicant to fill one four-year term on the Park and Recreation Commission, with terms to expire at the end of May 2026.

ATTACHMENTS:

1. Three (3) applications

2. Park and Recreation Commission Bylaws
Boards and Commissions Application
1 / 3
Q1
Contact Information
First and Last Name Ariel Gutierrez
Address
City/Town San Rafael
State/Province CA
ZIP/Postal Code 94901
Email Address
Phone Number
Q3
What Board would you like to apply to?
Park and Recreation Commission
Q7
How long have you lived in San Rafael?
23 years
Q8
Business Information
Company Rafael Racquet Club
Address 95 Racquet Club Drive
City/Town San Rafael
ZIP/Postal Code 94901
#2

COMPLETE
Collector: Web Link 1 (Web Link)
Started: Wednesday, April 20, 2022 3:23:10 PM
Last Modified: Thursday, April 21, 2022 11:33:16 AM
Time Spent: 20:10:05
IP Address: 173.11.91.169

Page 1 ends

Page 3 ends

-
Boards and Commissions Application
2 / 3
Q9
How did you hear about this vacant position?
Other (please specify):

Currently serving
Q10
Do you participate in any civic activities? If so, what are they? I have served on the Park and Rec Commission since November, 2019, and hold a position as the liaison to the Pickleweed Advisory Committee.

I am on the Sun Valley Elementary School's PTO and will serve as president in the 2022-2023 school year.

I am on the Board of San Rafael Soccer, serving in the positions of Grade Level Representative and coach.

Q11
List any civic organizations of which you are a member:

San Rafael Parks and Recreation Commission
Sun Valley PTO
San Rafael Soccer
Q12
Education:

Cal Poly State University, SLO - B.S. Economics
San Rafael High School
Q13
Why are you interested in serving on a board or commission? I am interested in serving on the Park and Rec Commission to continue the work I've been involved in over the past two years. I was appointed to a partial term, and certainly feel like there is much more I can give, leaving me hopeful I will be appointed to a new term.

The Park and Rec department is in the midst of very exciting times, between the Master Plan, the Library expansion, and more generally, the post-COVID emergence. In my short experience to date, I was involved with the selection of a firm to draft a library and recreation renovation of the B Street facility and have learned much about the process to date, and prospects for it's future. I have also been eagerly watching the progress of the Master Plan and hope to be able to see this come to fruition as a commissioner, thus, being a part of putting it into action.

I bring decades of residency in San Rafael to the table, most recently as a mother of two kids who spend a lot of time at our parks. I have also spent the last decade+ as the GM of a recreation facility in San Rafael, adding relevant expertise to my service as a commissioner.

If appointed, serving on this commission will allow me to remain involved in the planning and implementation of our community's bright future.

Q14
Describe possible areas in which you may have a conflict of interest with the City:

None.

Boards and Commissions Application
3 / 3
Q15
Upload your resume.

Ariel_Gutierrez_Resume_2019.pdf (199.2KB)
Q16
Ethnicity .

Q17
To which gender do you most identify?
Q18
How old are you?

Page 4 ends

-
1111
Summary
An experienced professional with a background in financial management, revenue and membership generation, project management, communications, and facilities operations. Results-focused, solution-oriented, creative-thinker, and ability to work in a fast-paced and multi-faceted environment.

Work Experience
General Manager January 2010 - Present
Rafael Racquet Club, San Rafael, CA
Manages all aspects of private, member-owned swim and tennis club (500+ members) o Oversees $2 million annual budget
 Monitors monthly budgets and prepares financial statements  Manages capital fund allocations, growth and development in accordance with strategic plan  Prepares financial reports to Board of Directors
 Manages cash flow and all operating costs
o Human Resources/Personnel
 Oversees 35+ year-round staff as well as additional 70+ seasonal staff  Recruits, hires, and trains new employees in accordance with Club’s personnel policy and in accordance with applicable state and federal laws
o Marketing/Communications
 Coordinates marketing and membership relations programs to promote Club’s services and facilities to current and potential members
 Implements communications strategy that includes email marketing, website updates, and other outreach
 Communicates regularly with members to ensure membership satisfaction  Maintains web and online content
o Operations
 Initiates, develops, and implements all operational policies  Develops and implements the Club’s strategic growth plan  Oversees all department heads to ensure each department is following proper personnel procedures  Acts as Liaison between membership and Board of Directors  Oversees care and maintenance of Club’s physical assets and facilities  Develops, initiates, and assesses Club programs and services offered to members  Manages relationships with all outside vendors, contractors, service providers, and firms o Construction management
 Oversaw $5 Million remodel in multiple phases
 Gained member approval for funding
 Worked with Board of Directors to secure bank loans and the selection of the General Contractor  Managed daily project progression to ensure project was on time and on budget Ariel Gutierrez San Rafael, California
Assistant Manager June 2006 – December 2009
Rafael Racquet Club, San Rafael, CA
• Maintained regular communications with members via newsletters • Used various marketing strategies to increase visibility in the community and recruit new members (flyers, email marketing, etc.)
• Created and led onboarding process and orientations for new members • Regular interface with Board of Directors
• Developed summer youth programming: Summer Camps for 6 weeks with 100 participating youth and 8 staff • Lead strategic planning committee for $5 million Club remodel • Supervised 25 seasonal staff including lifeguards and summer camp assistants Member Services and Communications Liaison March 2002 – June 2006 Rafael Racquet Club, San Rafael, CA

• Designed monthly newsletters via Adobe Creative Suite to market instructional programs, tournaments, member socials, etc.
• Assisted Swim Coach: communicated with 150+ families regarding practice schedules and athlete progress • Planned, coordinated and executed regular member events and socials for up to 100 guests • Supervised 15 lifeguards seasonally
Swim Coach Seasonally, February-May
San Rafael High School, San Rafael, CA 2003-2006

• Coached the Men’s and Women’s Varsity Swim Team
• Developed workouts and meet lineups for both teams
• Hosted the MCAL Championship meet in 2005; coordinate for all high schools the rental of pool space and equipment, arranged for dozens of volunteers and meet officials, coordinated media needs, ensured accuracy and fulfillment of meet data
Skills
Microsoft Office Suite (Word, Excel, PowerPoint): expert G-Suite: proficient
QuickBooks: expert
Constant Contact: expert
Adobe Design Suite: proficient
WordPress: proficient
Education & Trade
Cal Poly State University, San Luis Obispo, CA
Bachelor of Science: Economics 2001
Concentration: International Trade
Professional Member, Club Management Association of America Boards and Commissions Application
#3

COMPLETE
Collector:

Started:

Last Modified:

Time Spent:

IP Address:

Page 1 ends

Ql
Contact Information
First and Last Name
Address
City/Town
State/Province
ZIP/Postal Code
Email Address
Phone Number
Q3
Web Link 1 (Web Link)
Tuesday, May 10, 2022 9:15:21 AM
Tuesday, May 10, 2022 9:27:55 AM
00:12:33

73. 70.81.135
What Board would you like to apply to?

Page 3 ends

Q7
How long have you lived in San Rafael?

3.5 years
QS
Business Information
Company
Address
City/Town
ZIP/Postal Code
Ceci De La Montanya
San Rafael
CA
94901
-
Board of Library Trustees,
Park and Recreation Commission
Self Employed
San Rafael
94901
1/3
Boards and Commissions Application
2 / 3
Q9
How did you hear about this vacant position?
Other (please specify):

Email
Q10
Do you participate in any civic activities? If so, what are they? I am actively looking for more civic activities to participate in outside of volunteering with my child's preschool. I am currently working with the Canal Alliance and other local partners to help establish a new soccer league in the Canal area.

Q11
List any civic organizations of which you are a member:

I am not currently a member of any civic organizations, but would like to be. When I worked at OpenGov, I advised and worked alongside hundreds of local governments across the country to establish fiscal transparency initiatives. I previously worked in the British parliament where I managed constituency correspondence and various parliamentary initiatives including a delegation visit to Latvia.

Q12
Education:

I have dual Bachelor of Arts degrees, summa cum laude, in politics and communication studies from the University of San Francisco and a Master of Science degree in Media and Communication Development from London School of Economics Q13
Why are you interested in serving on a board or commission? We love living in San Rafael and I would like to play a role in shaping its future. My young daughters and I visit the parks and library regularly. I believe my personal experience as a young family using these services, coupled with my experience in government will enable me to be a pragmatic advocate for their ongoing administration.

Q14
Describe possible areas in which you may have a conflict of interest with the City:

None.

Q15
Upload your resume.

Ceci_De_La_Montanya_AUG 2019.docx.pdf (79.9KB)

Page 4 ends

Boards and Commissions Application
3 / 3
Q16
Ethnicity
Q17
To which gender do you most identify?
Q18
How old are you?
-
1111
Ceci De La Montanya
, San Rafael CA 94901

SUMMARY OF QUALIFICATIONS
I am a self-starting communications professional with 15+ years of experience in San Francisco, New York City and London across the government, healthcare, and edtech sectors. Key highlights:
- Planned and executed numerous product launches for companies at various growth stages - Skilled in adapting communications messaging and strategy for local and international audiences - Keen eye for detail that translates to excellent project management abilities

WORK EXPERIENCE
FREELANCE COMMUNICATIONS CONSULTANT SEP 2016 – PRESENT
● Work with various mission-driven startups in the digital health, edtech and govtech industries including BetterUp, Benepass, OpenComp, Dignity Health, Ambra Health, Trov, OpenGov, Udemy, and De La Montanya Winery to advise on communications strategy, content marketing, positioning and launches.

VICE PRESIDENT, CLIENT SERVICE 2019 – 2020
Allison+Partners San Francisco, CA
● Led client service and overall strategy for a portfolio of health and wellness clients totaling $2m+ in annual revenue. ● Drove integrated communications strategies for clients and worked cross-functionally across A+P service areas. ● Managed junior staff and led by example for exemplary client service.

DIRECTOR, GLOBAL COMMUNICATIONS JAN 2016 – SEP 2016
Udemy San Francisco, CA
Udemy is a global learning marketplace connecting expert instructors and students around the world. ● Led and scaled global communication program focusing on US, UK, German and Brazil markets. ● Stewarded a series of corporate announcements including a $60 million funding round, the company’s first acquisition, 10 million student milestone and significant marketplace price change, all within the first six months.

HEAD OF PUBLIC RELATIONS OCT 2014 – NOV 2015
OpenGov Redwood City, CA
OpenGov is a fast growing Andreessen-backed government technology start-up that enables governments to more effectively manage and share their budget data.
● Built public relations function from scratch including strategic objectives, tactical timeline and all resources for PR, social media, speaking engagements and awards. Recruited and onboarded PR agency. ● Developed corporate messaging, media trained executives, and secured brand-building pieces including being recognized as a World Economic Forum Technology Pioneer.
● Created scalable media launch kit for government customers to foster steady stream of awareness in local target markets and managed high-profile customer launches including the Treasurer of Ohio, Miami and Pittsburgh. ● Pitched a $500K grant program to non-profit Innovate Your State and managed project through to media launch.

SR. PR MANAGER OCT 2012 – SEP 2014
OpenTable London, UK & San Francisco, CA
OpenTable is the global leader in online restaurant reservations. I oversaw public relations and social media for OpenTable Europe and transferred to the SF headquarters to take on more responsibilities. ● Developed communications strategy, company narrative and objectives in Europe. ● Built foundational news bureau elements including a UK-based press center and blog and manage ongoing cross-platform editorial calendar.
● Nurtured critical media relationships and championed customer success stories resulting in a 100% increase of press coverage in the UK in the first year.
● Adapted and introduced flagship US PR program - Diners’ Choice - to UK and German markets. ● Promoted within six months and transferred to San Francisco to expand role to include North America. ● Played key role in the communications strategy and execution of the $2.6B Priceline acquisition and mobile payments launch to NYC.

PARLIAMENTARY RESEARCHER 2010 – 2012
UK Parliament, Christopher Pincher MP London, UK
Member of Parliament for Tamworth, based in his Westminster office. Held position while completing a graduate degree at the London School of Economics.
● Researched briefs for MP to participate in chamber activities (debates, interventions, speeches and questions) and Energy and Climate Change Committee activities.
● Developed press releases, speeches, statements, and by-lined articles on behalf of MP. ● Created new website for the MP http://christopherpincher.com and social media strategy. ● Liaised with various ministerial offices on behalf of constituents including the Home Office, Foreign & Commonwealth office, Ministry of Defense, Work & Pensions, Education, Business Innovation & Skills, etc. ● Oversaw the creation of an All-Party Parliamentary Group to foster bi-lateral relations with Latvia and coordinated group’s activities including a delegation visit, liaising with the Embassy of Latvia and Latvian Government.

FREELANCE WRITING & PUBLIC RELATIONS 2010 – 2012
Various clients London, UK
● Freelance public relations work for Airbnb (strategy planning and media outreach surrounding international travel related to the Royal Wedding,) and hotelclub.com.

DIRECTOR, PR & MARKETING 2008 – 2010
Charlie Palmer Group NEW YORK, NY
The Charlie Palmer Group is a collection of 12 restaurants, 2 wine shops, and boutique hotels owned and operated by celebrity chef Charlie Palmer. I was the head of marketing and public relations for this hospitality group. ● Developed and led marketing strategy for two restaurant openings in 2009, including relocating the flagship restaurant Aureole in New York City and oversaw all new branding development. ● Implemented successful new digital marketing strategy to complement central sales office, including Website re-launch and social media; built customer database of 120,000 members in the first year. ● Oversaw development of all marketing, press and internal collateral, including advertisements, partnerships, press releases and flyers in addition to developing creative promotions and events for cross marketing venues. ● Managed stakeholder relationships, including tenants, partners, media agencies, sponsors and charities.

ACCOUNT MANAGER 2004 – 2008
Allison+Partners San Francisco, CA/ New York, NY
Mid-sized public relations agency, http://allisonpr.com. Client portfolio included: The Michelin Guides, ZipRealty, Bay Area Air Quality Management District, Hard Rock Hotel & Casino, Cakebread Cellars, Popchips, Everlands Destination Club, C.F. Sauer Food Company, ARAMARK Parks & Resorts, Peter Lik Galleries. ● Managed teams of 4-5 and served as main client contact; specialized in brand positioning/messaging, creative promotions, media outreach, launch events, media training, sponsorships and new business development. ● Developed agency’s Food and Beverage practice specialty. ● Led the integrated marketing launch of the Michelin Guides to the western US, including managing campaigns in San Francisco, Los Angeles, and Las Vegas.

EDUCATION
LONDON SCHOOL OF ECONOMICS & POLITICAL SCIENCE 2010 - 2011 MSc (hons) in Media and Communication Development London, UK UNIVERSITY OF SAN FRANCISCO 2001 - 2005
Dual BA degrees in Politics and Communication Studies San Francisco, CA ● Summa Cum Laude distinction and recipient of the Top Communications Student Award

ACTIVITIES & INTERESTS
● Elected Treasurer of the LSE SU Bacchus Wine Society and selected to represent LSE at Bollinger international university tasting challenge in Champagne, France (2010-11)
● Former member of New York’s Citymeals-on-Wheels leadership committee for the development of a new Young Professionals organization; increased membership to 300 in first year (2008-2010) ● Helped to establish family business: De La Montanya Winery & Vineyards and served as brand manager ● Former Ballroom & Latin dance instructor and choreographer at Dance Arts Studios in San Rafael, CA (2001-2004) ● Interests include: dining, international travel (visited all 28 EU member countries), public speaking, snow skiing, softball, and ballroom dancing
Boards and Commissions Application
1 / 3
Q1
Contact Information
First and Last Name Mark Yatman
Address
City/Town San Rafael
State/Province CA
ZIP/Postal Code 94901
Email Address
Phone Number
Q3
What Board would you like to apply to?
Park and Recreation Commission
Q7
How long have you lived in San Rafael?

1.5 Years
Q8
Business Information
Company Drift Inc
Address 153 kearny street 5th floor
City/Town San Francisco
ZIP/Postal Code 94104
#5

COMPLETE
Collector: Web Link 1 (Web Link)
Started: Monday, April 25, 2022 11:52:38 AM
Last Modified: Monday, April 25, 2022 12:02:03 PM
Time Spent: 00:09:25
IP Address: 67.161.40.86

Page 1 ends

Page 3 ends

Q11
List any civic organizations of which you are a member:

Elks Club
Q12
Education:

I run 30+ person teams and believe my analytics problem solving and management skills can get put to use in my community.

Q14
Describe possible areas in which you may have a conflict of interest with the City:

None
Q15
Upload your resume.

Resume VNEW.docx.pdf (69.8KB)
Q16
Ethnicity

Page 4 ends

Boards and Commissions Application
3 / 3
Q17
To which gender do you most identify?
Q18
How old are you?
-
1111
Mark Eugene Yatman
. ~ San Rafael, CA
Objective
Senior Management professional who excels in building, coaching and leading successful teams within an outstanding organization. In short, I want to make the place where I work better in every way possible.

Demandbase Inc.

Page 1 of 2 ends

PARK AND RECREATION COMMISSION BYLAWS
ARTICLE I. NAME AND PURPOSE
Section 1.1. Name. The name of this body shall be the City of San Rafael Park and Recreation Commission, hereinafter referred to as the “Commission.” Section 1.2. Purpose. The purpose of the Commission is to assist the City Council in developing and implementing the long-range plans for City parks and recreation facilities; monitor current service levels and community needs; review the performance of City partnerships with community groups in the utilization of facilities and production of programs; and review and advise on general policies and procedures in the delivery of park, recreation, child care and cultural services.

Section 1.3. Committee Responsibility. The Commission’s authority is advisory only.

The Commission has no power to act on behalf of the City of San Rafael or any other entity.

Subject to the direction and control of the City Council, as provided in Section 2.04.030 of the San Rafael Municipal Code, the powers and duties of the Commission shall be:

1. To assist in the preparation and adoption of a review annually and revise as necessary a long-range plan for parks including neighborhood parks, communitywide parks, special use facilities and open space lands;

2. To focus public attention upon the need for adequate parks and healthful and creative year-round supervised recreation for all age groups;

3. To assist in promoting the public recreation programs;

4. To solicit to the fullest extent possible the cooperation of school authorities and other public and private agencies interested therein;

5. To assist the Parks and Recreation Director in establishing general policies and procedures in respect to park usage;

6. To receive periodic reports from the department head concerning the general operations and functions of the department;
To perform such other duties as may be prescribed by the council.

ARTICLE II. MEMBERSHIP
Section 2.1. Number of Members. The Commission shall consist of five (5) members, one of whom may be a Councilmember.

Park and Recreation Commission Bylaws

Page 2 of 2 ends

Section 2.2. Eligibility. Committee members shall reside in City limits.

Section 2.3. Term Limits. Members of the Committee shall be limited to two (2) consecutive four-year terms. Additional terms may be served if there is a break between terms.

Section 2.5. Compensation. Commissioners shall serve without compensation.

ARTICLE III. MEETINGS
Section 3.1. Time and date of Regular Meeting. Notification of meeting place, date, and time shall be rendered to the public through posting on the City of San Rafael website.

The Commission shall meet once per month, on a consistent day of the month, and shall be scheduled annually. The schedule for the upcoming year will be set by December of the previous year.
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Special Meeting
Agenda Item No: SM 3
Meeting Date: August 8, 2022
TOPIC: PUBLIC ART REVIEW BOARD INTERVIEWS
SUBJECT: INTERVIEW APPLICANTS AND MAKE APPOINTMENTS TO FILL TWO FOUR-YEAR TERMS TO THE END OF AUGUST 2026 AND ONE TWO-YEAR TERM TO THE END OF AUGUST 2024 ON THE PUBLIC ART REVIEW BOARD
RECOMMENDATION:

Interview the following applicants and appoint two applicants to fill two four-year terms to the end of August 2026 and one two-year term to the end of August 2024 on the Public Art Review Board.

BACKGROUND:

The City Council established the Public Art Review Board at a City C ouncil meeting on May 16, 2022, and the City Clerk’s office called for applications on June 7, 2022 with a deadline of June 28, 2022 or open until filled.

The Public Art Review Board’s purpose is to help administer the public art review process and to advise the City Council on public art installations, and the meeting schedule has yet to be determined. The Public Art Review Board’s authority over long-term art proposals (greater than one year) is advisory only and the Board will issue a recommendation to City Council to approve or reject a proposal. For short-term art proposals, the Public Art Review Board has the authority to approve exhibitions. At staff’s discretion, certain short-term projects may be required to obtain City Council approval, depending on project impact.

ANALYSIS:

Six (6) applications were received in the City Clerk’s Office by the deadline; however, two (2) applicants lived outside of city limits and were ineligible, and two (2) of the applicants withdrew. The Clerk’s Office received a third eligible application on Monday, August 1, 2022. Staff recommends holdings interviews of the three (3) eligible applicants and appointing one applicant to the Public Art Review Board. The other two members of the Public Art Review Board are representatives of the Park and Recreation Commission the Design Review Board. Each body appoints their representative, and the Design Review Board will be

SAN RAFAEL CITY COUNCIL STAFF REPORT
Department: City Clerk
Prepared by: Lindsay Lara, City Clerk City Manager Approval: _________ Names
Kristyn Merritt
Meili Zhao
Morgan Schauffler
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
making their appointment this month and the Park and Recreation Commission appointed Robert Sandoval to the end of August 2026.

COMMUNITY OUTREACH:

The call for applications was advertised through mass email notification, the City website, social media platforms, and physically posted at City facilities.

FISCAL IMPACT:

There is no fiscal impact associated with this action.

RECOMMENDED ACTION:

Interview applicants and appoint two applicants to fill two four-year terms to the end of August 2026 and one two-year term to the end of August 2024 on the Public Art Review Board.

ATTACHMENTS:

1. Three (3) applications

2. Public Art Review Board Bylaws
Boards and Commissions Application
1 / 3
Q1
Contact Information
First and Last Name Kristyn Merritt
Address
City/Town San Rafael
State/Province CA
ZIP/Postal Code 94903
Email Address
Phone Number
Q3
What Board would you like to apply to?
Public Art Review Board
Q7
How long have you lived in San Rafael?

4.5 years
Q8
Business Information
Respondent skipped this question
Q9
How did you hear about this vacant position?
Other (please specify):

San Rafael Social Justice Art Group
#1

COMPLETE
Collector: Web Link 1 (Web Link)
Started: Friday, July 29, 2022 1:44:04 PM
Last Modified: Friday, July 29, 2022 1:50:25 PM
Time Spent: 00:06:20
IP Address: 98.210.37.106

Page 1 ends

Page 3 ends

-
Boards and Commissions Application
2 / 3
Q10
Do you participate in any civic activities? If so, what are they? N/A
Q11
List any civic organizations of which you are a member:

N/A
Q12
Education:

B.A. Communications and Journalism from Washington University in St. Louis Q13
Why are you interested in serving on a board or commission? I am a professional artist and would love to see more public art in our community. There are plenty of areas that could not only be aesthetically enhanced by public art, but also inspire important conversations. And as a mom with three young kids, I believe it's important for the youth in our community to have more exposure to art, creativity, and local government.

Q14
Describe possible areas in which you may have a conflict of interest with the City:

Strongly held democratic political beliefs.

Q15
Upload your resume.

KAMERRITT-art-resume.pdf (132.4KB)
Q16
Ethnicity
Q17
To which gender do you most identify?

Page 4 ends

-
Boards and Commissions Application
3 / 3
Q18
How old are you?
1111

KRISTYN MERRITT

KEY EXPERTISE

ART EXPERIENCE

WORK EXPERIENCE
• www.kristynmerritt.com • - • San Rafael, CA
Content development & strategy • Writing & editing • Art & illustration • Brand identity development • Integrated media • Metrics & analytics Freelance • Art & Illustration 2018 - Present
• I create and sell art via my Etsy shop, at local make r's markets, and occasional galleries. I have also collaborated with local businesses on t heir designs. • I'm a fou nding member of the San Rafael Social Justice Community Art Group. • Traditional and mixed media art: I have experience in painting (acrylic, gouache, watercolor), drawing (pencil, colored pencil, ink), collage, textiles, a nd resin.

Examples: needsmoreneon.com
• Digital illustration: Using Adobe (Fresco, Illustrator, a nd Photoshop), I hand-draw portraits, scenes, and architecture.

Examples: illustratedmarin .bigcartel.com
• Silk screening: I primarily screen print shirts and totes for my Etsy shop.

Examples: etsy.com/shop/needsmoreneon
Consulting & Freelance • Content, Copy, & Brand Identity 10/2016 - Present Current clients: NBC/Universal, Glossier, Curie Co
• Content & editorial: Oversee and manage digital verticals, develop all content (writing, illustrating, photo) and editorial strategy, working directly with editorial & social teams • Marketing strategy: Develop plans for customer acquisition, retention, & conversion, social audience engagement, and plan/execute integrated marketing campaigns • Brand identity & creative development: Establish core values, voice, tone, storytelling and messaging strategy for new-to-market products and technologies • Copywriting: Write, edit, copyedit, a nd proof marketing and product assets fo r companies in lifestyle and sciences, while retaining existing brand voice and tone Birchbox • Director, Marketing Content 5/2015 - 10/2016 • Led marketing, messaging, a nd content strategy: o n-site assets a nd experience, branded content, email and CRM, mobile/app, retail, PR, and print/in-box collateral • Managed and mentored all in-house editors and several outside freelance writers • Top edited, copyedited, a nd proofed all messaging
• Partnered with Photo and Design on campaign ideation a nd creation • Project managed across Marketing team
• Owned updates/recalibration of style guide
Nickelodeon (Viacom) · Director of Content 2/2013 - 11/2014 Senior Digital Editor 12/2010 - 2/2013
• Led digital editorial strategy and all content creation fo r Nickelodeon niche nets • Developed new brand's concept, voice, strategy a nd creative initiatives • Oversaw all art a nd design; created original graphics a nd illustrations as needed • Grew site from genesis to 2.8M organic unique visitors/month in 2+ years • Managed and grew a team of SO+ freelance editors, writers, illustrators & designers • Collaborated with ad-sales a nd integrated marketing to create customized branded content a nd advertorial flights to drive consumer e ngagement across platforms • Worked directly with social team to monitor strategy and synergize messaging • Worked closely with UX, product and dev teams on optimizing user experience • Daily deep dives into a nalytics to inform content decisions and recalibrate strategy I Can Has Cheezburger ٠ Managing Editor 01/2010 – 02/2011 • Led content strategy and managed editorial team for #1 animal humor network • Doubled site traffic and halved bounce rates through targeted content features • Worked with executives and marketing team to develop branded microsites • Instituted editorial policy and programming process
• Managed budget and executed trade-outs with partners
AOL Living (AOL Inc.) ٠ Digital Editor 04/2008 – 01/2010 • Managed feature editorial programming for animals and pets vertical • Supervised associate editors and freelancers to create best-in-class content • Oversaw editorial calendar, content packages, delivery for sponsorships • Maintained and evolved brand-building and traffic-boosting partnerships • Analyzed site traffic metrics to measure best practices for growth Good Housekeeping (Hearst) ٠ Multimedia Editor 12/2006 – 12/2008 • Reconfigured magazine content for the web and created original DIY content • Controlled image routing and licensing; fully produced daily video blog • Created packages for site and syndication partners
• Ideated original mobile projects; integrated with digital and print FREELANCE WRITING All Village Voice publications; Huffington Post; Dr. Oz; Time Out New York; Las Vegas Weekly; More; various websites. New York Int’l Fringe Festival playwright (’09, ’14).

COMPUTING & SEO HTML, CMS, full Adobe suite, InDesign, InCopy, Omniture, Google Analytics, SEO/metadata, all major blogging platforms, all major social media platforms AWARDS Webby -- 2013 Official Honoree (Humor) for NickMom.com Webby – 2010 Nominee (Weird) for ICanHasCheezburger.com Webby -- 2010 Nominee (Weird) for LovelyListing.com
ART EXHIBITION Neon Talk Series – Ghost Gallery (Seattle, 2020) Magic 8 Ball Series – Ghost Gallery (Seattle, 2020)
Weird Ice Cream Series – Ghost Gallery (Seattle, 2018)
Olympic Quadriptych – THNK1994 Museum (Brooklyn, 2017)
Elephants Always Forget – WHY Exhibition (Seattle, 2011) EDUCATION Washington University in St. Louis, B.A. in Journalism & Communications Boards and Commissions Application
1 / 3
Q1
Contact Information
First and Last Name Meili Zhao
Address
Address 2
City/Town San Rafael
State/Province CA
ZIP/Postal Code 94901
Email Address
Phone Number
Q3
What Board would you like to apply to?
Board of Library Trustees,
Design Review Board,
Park and Recreation Commission,
Planning Commission,
Public Art Review Board
Q7
How long have you lived in San Rafael?
8 years
#4

COMPLETE
Collector: Web Link 1 (Web Link)
Started: Thursday, June 16, 2022 8:58:25 AM
Last Modified: Thursday, June 16, 2022 9:05:12 AM
Time Spent: 00:06:47
IP Address: 73.93.82.30

Page 1 ends

Page 3 ends

-
Boards and Commissions Application
2 / 3
Q8
Business Information
Company Meilizhaoart
Address
City/Town San Rafael
ZIP/Postal Code 94901
Q9
How did you hear about this vacant position?
Social Media,
City Manager's Newsletter
Q10
Do you participate in any civic activities? If so, what are they? Not yet
Q11
List any civic organizations of which you are a member:

Not yet
Q12
Education:

Masters degree
Q13
Why are you interested in serving on a board or commission? I love our area
Q14
Describe possible areas in which you may have a conflict of interest with the City:

Art work
Q15
Upload your resume.

Respondent skipped this question

Page 4 ends

Boards and Commissions Application
3 / 3
Q16
Ethnicity
Q17
To which gender do you most identify?
Q18
How old are you?
-
1111
Boards and Commissions Application
1 / 3
Q1
Contact Information
First and Last Name Morgan Schauffler
Address
City/Town San Rafael
State/Province CA
ZIP/Postal Code 94901
Email Address
Phone Number
Q3
What Board would you like to apply to?
Public Art Review Board
Q7
How long have you lived in San Rafael?
10 years
Q8
Business Information
Company Youth in Arts
Address
City/Town San Rafael
ZIP/Postal Code 94901
#5

COMPLETE
Collector: Web Link 1 (Web Link)
Started: Wednesday, June 08, 2022 8:52:56 AM
Last Modified: Monday, June 13, 2022 4:03:34 PM
Time Spent: Over a day
IP Address: 23.125.135.99

Page 1 ends

Page 3 ends

-
-
Boards and Commissions Application
2 / 3
Q9
How did you hear about this vacant position?
City Council Agenda,
Other (please specify):

San Rafael Social Justice Art Group
Q10
Do you participate in any civic activities? If so, what are they? I am on the board of the San Rafael BID, and provide the board with updates on arts-related happenings in the Downtown San Rafael Arts District (DSRAD). I am on the steering committee of DSRAD as well, and advocate for creative placemaking, public art, and visibility of community-based arts organizations. I am part of the San Rafael Social Justice Community Art Group and continue to work to help complete the project at Arbor Park. I also recently applied to be a member of the Bret Harte Steering Committee to help with beautification and community focused events in my own neighborhood.

Q11
List any civic organizations of which you are a member:

San Rafael BID, Downtown San Rafael Arts District, San Rafael Social Justice Community Art Group, Bret Harte Community Association Steering Committee (pending), San Rafael Chamber of Commerce (through Youth in Arts).

Q12
Education:

BA Art History and BA Human Communications, University of Denver Q13
Why are you interested in serving on a board or commission? I have always had a passion for the arts, and sharing art with my broader community is a hugely important priority. I want to infuse the city I love so much with public art that everyone feels welcomed into. I feel strongly that the art we are championing should be inclusive and represent the community in which we live. As both a parent and long-time employee of Youth in Arts, I am also a strong advocate for involving the young people of San Rafael in as many projects as possible. San Rafael is a truly special city, and I feel public art (and creative placemaking) will help entice Bay Area locals, and tourists alike to visit our wonderful city, thereby promoting commerce. As a commissioner, it would bring me great joy to help support and promote the work of artists – especially BIPOC artists, artists experiencing disabilities, and youth artists – to the benefit of San Rafael and its residents.

Q14
Describe possible areas in which you may have a conflict of interest with the City:

I don't believe I would have any.

Boards and Commissions Application
3 / 3
Q15
Upload your resume.

Morgan Schauffler CV 2022.pdf (34.1KB)
Q16
Ethnicity
Q17
To which gender do you most identify?
Q18
How old are you?

Page 4 ends

-
1111

MORGAN MARS SCHAUFFLER
• San Rafael, CA 94901 • ( •

WORK EXPERIENCE
Director of External Affairs • Youth in Arts • 2022 Present ● Vision cast for growth and enhance the organization’s major donor cultivation including individuals, foundations, institutions, corporate/business partners, and government relations. ● Develop and execute relationships and stewardship plans for long term individual giving. ● Direct innovative high level fundraising efforts that enable the organization to raise significant gifts from new and existing donors and prospects.
● Managing annual fund appeals including the crucial annual appeal. ● Maintain a donor database and utilize data for communication tracking and relationship building.
● Develop and implement corporate, institutional and foundational giving goals, prospects, grant submissions, and reporting.
● Assist in organizational budget management, and provide appropriate financial reporting and metrics as needed.
● Plan, coordinate and execute all major events for fundraising efforts including support staff, volunteers, contractors, and vendors.
● Set financial goals and manage budgets for all events. ● Oversee and set goals for using the gallery to showcase mission, work, message, and relationship building.
● Curate or manage curation with support staff of 6 youth focused art exhibitions in the gallery per year.
● In collaboration with staff, oversee creation and execution of marketing and communications plans including email newsletters, press releases and social media management. ● Communicate with the Board of Directors on a regular basis about Youth in Arts work, events, fundraising efforts, and appeals.

Development Manager • Youth in Arts • 2018 2022
● Planned, managed and executed all Youth in Arts fundraising events and gallery receptions. ● Developed relationships with individual donors through long term communication efforts. ● Managed annual fund appeals and tracking.
● Maintained a donor database via Filemaker Pro.
● Oversaw goals and objectives for growth in areas of individual giving on a fiscal year basis. ● Worked with the Executive Director to research and track grant submissions. ● Worked with Board Members to hold and host board led events for expanded donor cultivation.
● Collaborated with staff to plan a robust YIA Gallery calendar and plan for each fiscal year. ● Managed planning and curation of 3 4 gallery exhibitions per year.

Program Director • Youth in Arts • 2016 2018
● Marketed both earned revenue and funded in school program offerings to public, private, and charter TK 12 schools in Marin, Sonoma, and Alameda Counties. ● Met with school administrators, county representatives, teachers, and parent organizations to discuss curated programming options and budgets to meet the needs of their students. ● Scheduled residency programs, assembly and workshop events, family events, and YIA gallery field trips, working with YIA staff.
● Scheduled and attended residency planning meetings with teachers and administrators. ● Created and tracked all program documentation as needed. ● With the Executive Director recruited, hired, onboarded and trained Mentor Artists in visual and performing arts education.

Owner • Morgan Schauffler Art Advisory • 2015 2018
● Collaborated with private clients to develop and curate their collections ● Rearranged art in clients’ homes to enliven their existing collections ● Contracted with Root Division to curate and manage a rotating, large scale art installation in a SOMA coworking space.
● Consulted on valuation of art for clients and fellow art dealers ● Represented local galleries at art fairs across the country Senior Gallery Associate • Paul Thiebaud Gallery • 2006 2015 ● Sold contemporary artwork to high net worth individuals worldwide ● Cultivated strong partnerships with the gallery’s 20+ artists ● Led marketing and communications efforts, creating press releases, managing media buys, and contributed to the design of both print and electronic marketing materials ● Collaborated with Director in the curation of new exhibitions and art fair displays ● Managed day to day gallery operations, including inventory management, bookkeeping, art handling, and storage
● Represented the gallery’s collection at art fairs in Miami, Chicago, San Francisco, Houston, Los Angeles, and Palm Springs
● Managed numerous independent contractors
Sales Consultant • DeMott Gallery • 2004 2005
Intern • Colorado Business Committee for the Arts • 2002 2003 Intern • RULE Gallery • 2002 2003

EDUCATION
University of Denver • Graduated 2003
● B.A., Art History and Human Communication
● Study abroad in Prague, Czech Republic and Aix en Provence, France

NONPROFIT BOARD EXPERIENCE
San Rafael Business Improvement District Board • 2019 Present Downtown San Rafael Arts District Steering Committee • 2017 Present Root Division Advisory Board • 2016 2018

PUBLIC ART REVIEW BOARD BYLAWS
ARTICLE I. NAME AND PURPOSE
Section 1.1. Name. The name of this body shall be the City of San Rafael Public Art Review Board, hereinafter referred to as the "Public Art Review Board," or the “Board.” Section 1.2. Purpose. The Public Art Review Board’s purpose is to help administer the public art review process and to advise the City Council on public art installations.

Section 1.3. Committee Responsibility. The Public Art Review Board’s authority over long-term art proposals (greater than one year) is advisory only and the Board will issue a recommendation to City Council to approve or reject a proposal. For shortterm art proposals, the Public Art Review Board has the authority to approve exhibitions. At staff’s discretion, certain short-term projects may be required to obtain City Council approval, depending on project impact.

The Public Art Advisory Committee’s responsibilities shall be in accord with these Bylaws, as amended from time-to-time by the City Council.

The responsibilities and duties of the Public Art Review Board shall be as follows:

1. Work with Staff in the review and approval of public art projects.

2. Review all proposals for public art and recommend select projects to City Council for approval.

3. Monitor the overall development of public art projects, encouraging balance over time with respect to background, gender, and other identities of artists selected and also with respect to styles of expression, media, and genre.

4. Provide opportunities for community input and resident participation.

5. To use the following Public Art Review Criteria in evaluating all public art proposals:
a. Project Readiness: Projects can demonstrate readiness through completeness of design, skill/experience of the artist(s) or project manager(s), secured funding for art piece and cost of installation, successful community engagement, identification of an appropriate site, and proposed schedule. The Public Art Review Board may encourage an applicant to reapply, if they deny a proposal as not sufficiently ready but with specific promise to demonstrate future readiness. b. Qualifications: Artists, artist teams, or project manager must be able to demonstrate, through past work – as evidenced in a resume, portfolio, and reference – their ability to create quality artwork and act with the utmost professionalism. In most cases, artists have considerable training and experience working professionally at and have been compensated for their art. For certain projects, the City will consider emerging or non-professional artists, who are working under the guidance of a professional mentor or art teacher.
c. Funding: Projects should have a funding source identified and project implementation will be contingent upon receipt of full funding for the project. The City does not provide project funding for public art. d. Community Engagement: Proposed projects that have completed their own public engagement process will be prioritized.
i. For long-term projects (installation planned for more than one (1) year): A minimum of one (1) public meeting and three (3) letters of support are recommended. Successful public meetings might involve the local homeowner’s association (HOA), neighborhood associations, or business owners. The Public Art Review Board must be informed of these meetings ahead of time and allowed to opportunity to attend.
ii. For short-term projects that are viewable within the public rightof-way: A minimum of two (2) letters of support is recommended. iii. In both instances, it is recommended that one of the letters of support be from the local homeowners’ association (HOA) or neighborhood association, if applicable.
iv. Short-term projects inside a public facility are not required to conduct community engagement, outside of that undertaken through the Public Art Review Board process.
e. Maintenance: Works of art will have reasonable maintenance requirements and these requirements shall be compatible with routine City maintenance procedures. For projects that require more maintenance than current City budgets and staffing allow or a specific expertise, the project must set aside sufficient maintenance funding for the duration of the project and must develop an agreement for maintenance to be performed by private parties, as approved by City staff.
f. Design: Works of art will be designed in consideration of the relevance and appropriateness of the work to the context of the site and in alignment with public safety and decency.
i. The artwork will not portray themes that may be interpreted as derogatory as to race, religion, sexual orientation, natural origin, or physical or mental disability. The artwork will not contain content, signage, names, logos, or subject matter that could be construed as advertising or as religious or sexual in nature nor will it promote a political candidate or include political text. Any content considered obscene or indecent by community
standards will be denied.
ii. The design of the artworks will take into consideration issues associated with public spaces such as security, theft, vandalism, etc.
iii. The design of the artworks will consider the specific needs and use patterns of the public space in which they will be located. For example, in parks, works of art will not block critical view corridors or impede public usage of key open space.
g. Diversity: Artists and the City's public art collection should reflect the diversity of San Rafael’s community. The Public Art Review Board shall monitor the overall development of public art projects, encouraging balance in the City’s collection over time with respect to background, gender, and other identities of artists selected and also with respect to styles of expression, media, and genre.

ARTICLE II. MEMBERSHIP
Section 2.1. Number of Members. The Public Art Review Board shall consist of five (5) voting members as follows: three (3) at-large members, one (1) representative from the Design Review Board, and one (1) representative from the Park and Recreation Commission. The Councilmember in whose district the public art is proposed will participate as a non-voting liaison to the City Council as part of the selection process.

Section 2.2. Eligibility. Members of the Committee shall be at least 18 years of age and reside within the City limits. The three (3) at-large members shall reflect the diversity of San Rafael, with professional qualifications in the visual arts and/or civic design, such as artists, architects, landscape architects, arts educators, arts administrators, urban designers, urban planners, or owners/managers of a creative business.

Section 2.3. Compensation. Committee members serve without compensation.

Section 2.4. Appointment of Committee Members. The representatives from the Design Review Board and the Park and Recreation Commission will be selected by the Design Review Board and the Park and Recreation Commission, respectively, on a biannual basis. The at-large members will be selected by the City Council.

Section 2.5. Terms of Appointment. The at-large Board members will serve a maximum of two (2) four (4) year terms. The representatives from the Design Review Board and the Park and Recreation Commission shall serve a term of two (2) years, but not more than two consecutive terms. However, if there is a vacancy, the Design Review Board and the Park and Recreation Commission have the authority to extend the current representative’s term at their discretion. Board Members serve at will and are subject to appointment and/or removal at the discretion of City Council.

Section 2.6. Absence and Removal. An unexcused absence from two (2) consecutive Committee meetings without notification to the Staff Liaison, or six absences (whether excused or unexcused) in any term, shall be considered a voluntary resignation from the Committee. Committee members who had previously resigned may be eligible for reappointment to the Committee.

Section 2.7. Conflict of Interest. A member of the Board who has a financial, business, familial or romantic relationship regarding a matter coming before the Board shall disqualify themself from all participation in that matter.

ARTICLE III. MEETINGS
Section 3.1. Time and date of Regular Meeting. Notification of meeting place, date, and time shall be rendered to the public through posting on the City of San Rafael website. Public meetings shall be held a minimum of four (4) times per year but may meet more frequently or on an ad hoc basis, as needed. Quarterly meetings shall be scheduled annually with the quarterly meeting schedule for the upcoming year will be set by November of the previous year.
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting:

Disposition:

Agenda Item No: SM 4.a
Meeting Date: August 8, 2022

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: April Miller,
Director of Public Works
City Manager Approval: __________
TOPIC: WEST END VILLAGE (1628 5TH AVE) – FINAL MAP 9-UNIT RESIDENTIAL

CONDOMINIUM BUILDING
SUBJECT: RESOLUTION APPROVING THE FINAL SUBDIVISION MAP FOR THE WEST

END VILLAGE FOR CONDOMINIUM PURPOSES
RECOMMENDED ACTION: Adopt a resolution approving the final subdivision map for the West End Village for Condominium Purposes.

BACKGROUND: The Planning Commission approved this project by Resolution No.19-02 on February 12, 2019 which granted the following approvals:
• Environmental and Design Review Permit (ED18-058);
• Lot Line Adjustment (LLA18-004); and
• Tentative Subdivision Map for a 9-unit residential condominium building (TS18- 002).

The property owners/developers, Vincent and Joseph O’Flynn, have completed the lot line adjustment, frontage improvements, stormwater infrastructure, and stormwater treatment and have now applied for approval of the final subdivision map.

ANALYSIS: The Department of Public Works and BKF, the City’s consultant surveyor, have reviewed the final subdivision map (Exhibit A to the Resolution) and the installed frontage improvements and have determined that the final subdivision map and completed improvements are in substantial conformance with the tentative map approval in Resolution No.19-02 and the requirements of the Subdivision Map Act.

Resolution No. 19-02 also required the developer to enter into a Stormwater Facilities Maintenance Agreement. The stormwater maintenance agreement has been reviewed and approved by the City Engineer and the City Attorney and is ready to be recorded. Section

15.12.050 of the San Rafael Municipal Code (SRMC) also requires recordation of the Articles of Incorporation, Declaration of Covenants, Conditions and Restrictions (CC&R’s). These documents have been reviewed and approved by staff of the Community Development Department.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
Staff has prepared a resolution approving the final subdivision map and authorizing its recordation by the City Clerk.

FISCAL IMPACT: No fiscal impact is associated with this report. Staff costs for processing the application are covered by application fees paid by the developer.

OPTIONS: The City Council has the following options to consider in this matter:

1. Adopt the resolution.

2. Adopt the resolution with modifications.

3. Direct staff to return with more information.

4. Take no action.

RECOMMENDED ACTION: Adopt a resolution approving the final subdivision map for the West End Village for Condominium Purposes.

ATTACHMENTS:

1. Resolution, with Exhibit A - Final Map of West End Village for Condominium Purposes (TS18-002)

2. Declaration of Covenants, Conditions and Restrictions (CC&R’s)

3. Articles of Incorporation

4. Stormwater Facilities Maintenance Agreement
RESOLUTION NO.

A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING THE FINAL

SUBDIVISION MAP FOR THE WEST END VILLAGE FOR CONDOMINIMUM

PURPOSES
WHEREAS, on February 12, 2019 the San Rafael Planning Commission adopted Resolution No. 19-02 granting the following approvals for development of a nine-unit residential condominium building at 1628 5th Avenue:

A. Environmental and Design Review Permit (ED18-058);
B. Lot Line Adjustment (LLA18-004); and
C. Tentative Subdivision Map for a 9-unit residential condominium building (TS18-002).

WHEREAS, the property owners, Vincent O’Flynn and Joseph O’Flynn, have applied for approval of the final subdivision map for the subdivision, entitled “Final Map of West End Village for Condominium Purposes”, attached hereto as Exhibit A, and supporting documents; and
WHEREAS, staff has found that the lot line adjustment, frontage improvements, storm drainage, stormwater treatment, utilities and all paving for the subdivision are complete and the City Engineer and the City’s consultant surveyor have determined that the subdivision map and completed improvements are in substantial conformance with the approved tentative map and comply with the requirements of the California Subdivision Map Act, and the City Engineer has provided the appropriate certification on the final map.

NOW, THEREFORE, BE IT RESOLVED, by the City Council that the final subdivision map for the subdivision, entitled West End Village for Condominium Purposes, attached hereto as Exhibit A, is hereby approved and the City Clerk is authorized to record the map in the Official Records of the County of Marin, conditioned upon receipt of the fully signed Stormwater Facilities Maintenance Agreement and all other required documents and fees.

I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a special meeting of the Council of said City on 8th day of August 2022, by the following vote to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:
_____________________
LINDSAY LARA, City Clerk
Exhibit A - Final Map of West End Village for Condominium Purposes

OWNER'S STATEMENT

WE THE UNDERSIGNED, HEREBY STATE THAT WE ARE THE OWNERS OF OR HAVE SOME RIGHT, TITLE OR INTEREST IN AND TO THE REAL PROPERTY SHOWN ON THIS MAP ENTITLED "FINAL MAP OF WEST END VILLAGE FOR CONDOMINIUM PURPOSES, TS18-002"; THAT WE ARE THE ONLY

PERSONS WHOSE CONSENT IS NECESSARY TO PASS CLEAR TITLE TO SAID PROPERTY, AND THAT WE HEREBY CONSENT TO THE PREPARATION AND RECORDING OF SAID MAP.

OWNERS:

BY: BY:

PRINT NAME: VINCENT O'FL YNN PRINT NAME: JOSEPH O'FL YNN

OWNERS' ACKNOWLEDGEMENT

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
----------~
ON ___________ 20 BEFORE ME, _____________ _

A NOTARY PUBLIC, PERSONALLY APPEARED VINCENT O'FLYNN AND JOSEPH O'FLYNN

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 PENAL TY 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 SIGNATURE
MY COMMISSION NO.

NOTARY PUBLIC PRINTED NAME

MY COMMISSION EXPIRES
---------- -----

COUNTY OF PRINCIPAL PLACE OF BUSINESS
TRUSTEE: TRUST DEED INVESTMENTS, INC., A CALIFORNIA CORPORATION BY: BY:

PRINT NAME: PRINT NAME: PRINT CAPACITY: PRINT CAPACITY:

FIRST AMERICAN TITLE COMPANY
ORDER NO. 3821-6520881 DATED APRIL 26, 2022
\
F!Rsr
SAN RAFAEL sllr1:1:r
SECOND

VICINITY MAP

NOTTO SCALE

TRUSTEE ACKNOWLEDGEMENT

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
----------~
ON ___________ 20_BEFORE ME, _____________ _
A 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 PENAL TY 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 SIGNATURE NOTARY PUBLIC PRINTED NAME
MY COMMISSION NO. _________ _ MY COMMISSION EXPIRES ____ _

COUNTY OF PRINCIPAL PLACE OF BUSINESS

CITY ENGINEER'S STATEMENT

I, THE UNDERSIGNED, CITY ENGINEER FOR THE CITY OF SAN RAFAEL, COUNTY OF MARIN, STATE OF CALIFORNIA, DO HEREBY STATE THAT I HAVE EXAMINED THIS FINAL MAP; THAT THE LAND

DIVISION AS SHOWN HEREON IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE

MAP AND ANY APPROVED ALTERATIONS THEREOF, THAT ALL PROVISIONS OF THE SUBDIVISION

MAP ACT AS AMENDED AND ANY LOCAL ORDINANCES APPLICABLE AT THE TIME OF THE APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPLIED WITH.

SIGNED THIS ____ DAY OF ______ , 20_
APRIL MILLER, RCE 70853

CITY ENGINEER, CITY OF SAN RAFAEL

STATE OF CALIFORNIA

ACTING CITY SURVEYOR'S STATEMENT

I, THE UNDERSIGNED, ACTING CITY SURVEYOR FOR THE CITY OF SAN RAFAEL, COUNTY OF MARIN, STATE OF CALIFORNIA, DO HEREBY STATE THAT I HAVE EXAMINED THIS MAP AND THAT I AM SATISFIED THAT THIS MAP IS TECHNICALLY CORRECT.

SIGNED THIS ____ DAY OF ______ , 20_
JASON KIRCHMANN, PLS 8806

ACTING CITY SURVEYOR, CITY OF SAN RAFAEL

SURVEYOR'S STATEMENT

THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY IN

CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF VINCENT O'FLYNN ON OCTOBER 2017. I HEREBY STATE THAT THIS FINAL MAP

SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY APPROVED TENTATIVE MAP, IF ANY, AND THAT

ALL MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED, AND ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED.

DATED:

SIGNED:
-------------
BARRY A. PIERCE, LS. 6975

RECORDER'S STATEMENT
FILED THIS DAY OF , 20 __ , AT M. IN BOOK
--- ---------
____ OF MAPS, AT PAGES ___________ _
AT THE REQUEST OF THE CITY OF SAN RAFAEL.

SHELLEY SCOTT

COUNTY RECORDER

FEE PAID
--------
SERIAL NO. ______ _
DEPUTY

FINAL MAP OF WEST END VILLAGE

FOR CONDOMINIUM PURPOSES
TS18-002

LANDS OF O'FL YNN, DESCRIBED IN THAT CERTAIN DEED RECORDED ON DECEMBER 20, 2019 AS DOCUMENT NUMBER 2019-0048474,

OFFICIAL RECORDS OF MARIN COUNTY

CITY OF SAN RAFAEL
JOB NO: 6664

COUNTY OF MARIN
BARRY A. PIERCE

TRANSAMERICAN ENGINEERS &ASSOCIATES
Fox Plaza, 1390 Market Street Suite 201 San Francisco, CA 94102 tel. no. (415) 553-4092 email: [email protected]

STATE OF CALIFORNIA
JULY 2022
SHEET 1 OF 3
APN: 011-193-10, ADDRESS: 1628 FIFTH AVENUE

COUNTY CLERK'S STATEMENT

I CERTIFY THAT ALL BONDS, MONEY OR NEGOTIABLE BONDS REQUIRED UNDER THE PROVISIONS OF

THE SUBDIVISION MAP ACT TO SECURE PAYMENT FOR TAXES AND ASSESSMENTS HAVE BEEN FILED

WITH AND APPROVED BY THE COUNTY OF MARIN, NAMELY BOND(S) UNDER GOVERNMENT CODE SECTIONS 66493(a) AND 66493(c) IN THE SUM OF$ ____ AND $ _____ RESPECTIVELY.

DATED:

SIGNED:
------------------
------------------

CLERK OF THE BOARD OF SUPERVISORS COUNTY OF MARIN, STATE OF CALIFORNIA

CITY CLERK'S STATEMENT

THE CITY COUNCIL OF THE CITY OF SAN RAFAEL, COUNTY OF MARIN, STATE OF CALIFORNIA, AT A REGULAR MEETING HELD ON ___ DAY OF _______ , 20_, EXAMINED THIS FINAL MAP, AND THE CITY COUNCIL BY RESOLUTION NO. ______ , DULY PASSED AT THE MEETING AFORESAID, APPROVED THIS FINAL MAP.

SIGNED THIS ____ DAY OF ______ , 20_

LINDSAY LARA

CITY CLERK OF THE CITY OF SAN RAFAEL,

COUNTY OF MARIN, STATE OF CALIFORNIA CLERK OF THE BOARD OF SUPERVISORS STATEMENT

I, THE UNDERSIGNED, CLERK OF THE BOARD OF SUPERVISORS OF THE COUNTY OF MARIN, STATE

OF CALIFORNIA, DO HEREBY STATE THAT A GOOD AND SUFFICIENT BOND APPROVED BY AND IN THE

AMOUNT FIXED BY SAID BOARD OF SUPERVISORS HAS BEEN FILED WITH SAID BOARD AND THAT

SAID BOND BY ITS TERMS IS MADE TO INURE TO THE BENEFIT OF SAID COUNTY OF MARIN AND IS

CONDITIONED FOR THE PAYMENT OF ALL TAXES, WHICH MAY BE AT THE TIME OF RECORDING OF

THIS MAP A LIEN AGAINST THE TRACT OR SUBDIVISION OF LAND SHOWN HEREON OR ANY PART THEREOF, BUT NOT YET PAYABLE.

DATE
--------

CLERK OF THE BOARD OF SUPERVISORS COUNTY OF MARIN

STATE OF CALIFORNIA

CITY PLANNING COMMISION STATEMENT

APPROVED BY THE PLANNING COMMISSION OF THE CITY OF SAN RAFAEL, COUNTY OF MARIN,

STATE OF CALIFORNIA,
SIGNED THIS ____ DAY OF ______ , 20_

SECRETARY OF THE PLANNING COMMISSION

OF THE CITY OF SAN RAFAEL,

COUNTY OF MARIN, STATE OF CALIFORNIA

TAX COLLECTOR'S STATEMENT

ACCORDING TO THE RECORDS IN THE OFFICE OF THE UNDERSIGNED, THERE ARE NO LIENS

AGAINST THIS SUBDIVISION, OR ANY PART THEREOF, FOR UNPAID STATE, COUNTY, MUNICIPAL OR

LOCAL TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES, EXCEPT TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES NOT YET PAYABLE. MY ESTIMATE OF TAXES AND SPECIAL ASSESSMENTS COLLECTED AS TAXES AND NOT YET PAYABLE IS $ ---------

THE LAND IN SAID SUBDIVISION IS NOT SUBJECT TO A SPECIAL ASSESSMENT OR BOND WHICH MAY BE PAID IN FULL. SECURITY REQUIRED PURSUANT TO GOVERNMENT CODE SECTIONS 66493(a) AND 66493(c) ARE HEREBY APPROVED AND ACCEPTED.

DATE
_______ _

TAX COLLECTOR

COUNTY OF MARIN

STATE OF CALIFORNIA

FINAL MAP OF WEST END VILLAGE

FOR CONDOMINIUM PURPOSES
TS18-002

LANDS OF O'FL YNN, DESCRIBED IN THAT CERTAIN DEED RECORDED ON DECEMBER 20, 2019 AS DOCUMENT NUMBER 2019-0048474,

OFFICIAL RECORDS OF MARIN COUNTY

CITY OF SAN RAFAEL
JOB NO: 6664

COUNTY OF MARIN
BARRY A. PIERCE

TRANSAMERICAN ENGINEERS &ASSOCIATES
Fox Plaza, 1390 Market Street Suite 201 San Francisco, CA 94102 tel. no. (415) 553-4092 email: [email protected]

STATE OF CALIFORNIA
JULY 2022
SHEET 2 OF 3
APN: 011-193-10, ADDRESS: 1628 FIFTH AVENUE

LUNNY LANE
(12.00' WIDE)

BOUNDARY NOTE
\
I

BASIS OF BEARINGS
THE BEARING OF FIFTH STREET (NOW FIFTH AVENUE) AS SHOWN ON THE "PLAT OF THE TOWN SITE OF THE TOWN OF SAN RAFAEL" FILED OCTOBER 14, 1873 IN RACK 1, PULL 4, MARIN COUNTY RECORDS TAKEN AS NORTH 83°15'00" WEST AND WAS DETERMINED BY CURB SPLIT. f;J~b:'\
~~&~ ~~c:s~
"'("~
l_____________ 11111 ~~
MISSION A VENUE 3 (50. 00' WIDE)
c::, N 82"54'4_7_" -W-(M-~- N83"15'00"W (1) °t::: 478.64'(M) CL-CL 1----~-- ,,,,--------.c::,.i --------------- "'"i -------1--- C\i N82"54'47''W M N82°57'£ 3 428.02' (M) \
136.66' (M) 137.2' (DEED) (M) 292.5' (CALC PER DEEDS)
SKAG DUKKERS S. & $'~ KEVIN MARK
ANNE McCLAIN ~ t-[j JOHNSON ~ tB -8.

REVOCABLE TRUST ~ ~ REVOCABLE
2012-0068495 ~ ~ TRUST
NOVEMBER 1, 2012 ·"1
~ APN 011-193-01
N83"15'00"W

66.99' (M)
65' (DE.
.49' (DEE.

FIRST CHURCH OF

CHRIST SCIENTIST
198 OR 472
FEBRUARY 15, 1917
APN 011-193-03
311.30' (M) 311.8' (CALC PER DEEDS)
POB (4) 464.06' (M) --
~ BASIS OF BEARINGS N83"15'oo"w (1)(M) 525.40' (M)
169.17' ~ 104.0-3'-.,~-- I
·\ c:::i
~ '--
~ '--
-
-(0
~
2'
~
~
>--
CJ 0) 0) ~ <.c
c::, 0) I ~ c:::i'-f-0)")
'i' -s;r::r--._-0)
(.) '-1- - c::, ")' I -....::..
'-C c::, C\i ,_ I ,_ <.c < 0) lt.J c::, <.c
ii:~s<= ~
'-C ,_ -s Cl ~
~ "'(
~,---
c3
I
c3
~ '--
FIFTH A VENUE ~I (61.00' WIDE1 Lr)I
~I -------'!~~I ~ (--1----

CONTROL DIAGRAM
......
tt1~ 0- <:::) ~
~ c:::i~ Ct) le) :::s::

L,t,.'(_
NOTES
(E) TWO STORY BLDG SKAG DUKKERS S. &
ANNE McCLAIN

REVOCABLE TRUST
2012-0068495
NOVEMBER 1, 2012
APN 011-193-01
(E) TWO
STORY
BLDG
N83i5'00"W

11.50'

O'FL YNN, ET AL
2019-0048475
DECEMBER 20, 2019
APN 011-193-09
~ '--
N83"13'45"W (6) gJ
N83"15'00''W Q.

OVH

VINCENT O'FL YNN, ET AL
2019-0048474
DECEMBER 20, 2019
APN 011-193-10
AREA = 10545± SQ FT

0.24± ACRE
LOT 1
(N) THREE STORY BLDG
OVH
<.c Q:: 0) -,..J
N83i5'00"W 78.63'
~u

77.99'
CLR

KEVIN MARK

JOHNSON

REVOCABLE
TRUST
2007-0037439
JUNE 18, 2007
APN 011-193-02
~
'-'--- 70.95'
~ f- CLR -ii,------,-~
~,
(O''
'-=-
(E) TWO

STORY BLDG

WITH ATTIC
AND

BASEMENT

JAMES BABCOCK,
ET UX
1999-0051011
JULY 9, 1999
APN 011-193-05

14.13' (6) --~~----~-------------~------------
FIFTH A VENUE (61.001 WIDE)

SITE DETAIL

GRAPHIC SCALE
20 0 10 20 40

THE SUBJECT BLOCK WAS DETERMINED BY ESTABLISHING
THE SURROUNDING STREET CENTER LINES BY CURB SPLIT. 40

GRAPHIC SCALE
0 20 40

1. ALL DISTANCES AND DIMENSIONS SHOWN HEREON ARE IN FEET AND DECIMALS THEREOF. ---~-llllai-1111111 ~ 111111.i. l•_111111111111l---------l1 - I
BO 1 inch = 20 feet
LEGEND
---------
//////////
IZ//////27/1
• •
@
•

PROPERTY LINE

ADJACENT PARCEL LINES

RIGHT OF WAY LINE

CENTERLINE LINE

DIMENSION LINE
(E) FACE OF CURB LINE
(E) BUILDING LINE

SUBJECT PROPERTY
FOUND 3/4" IRON PIPE PER (2)

SET TACK ON FENCE
SET NAIL & 3/4" DIAMETER
BRASS TAG LS 6975
SET 1/2" DIA REBAR &
PLASTIC CAP LS 6975
1 inch = 40 feet

ABBREVIATIONS

APN ASSESSOR'S PARCEL NUMBER

BLDG BUILDING

CALC CALCULATED

CL CENTERLINE

CLR CLEAR

DOC DOCUMENT
(E) EXISTING

LS LAND SURVEYOR
(M) MEASURED
(N) NEW

OVH OVERHEAD

PL PROPERTY LINE

POB POINT OF BEGINNING
( #) REFERENCE NUMBER

SQ FT SQUARE FEET

2. ALL DEFLECTION ANGLES ARE 90 OR 45 DEGREES UNLESS EXPRESSLY OTHERWISE INDICATED.

3. THIS MAP IS FOR THE CONSTRUCTION OF NINE NEW RESIDENTIAL CONDOMINIUM UNITS.

REFERENCES
(1) "PLAT OF THE TOWN SITE OF THE TOWN OF SAN RAFAEL, IN THE COUNTY OF MARIN, STATE OF CALIFORNIA", FILED OCTOBER 14, 1873 IN RACK 1, PULL 4,

OFFICE OF THE COUNTY RECORDER
(2) RECORD OF SURVEY, FILED DECEMBER 6, 2013
BOOK 2013 OF MAPS AT PAGE 171, OFFICE OF THE COUNTY RECORDER (3) JOSEPH GRIPPI NO. 285, DATED NOVEMBER 1975, ORIGINAL PLATS AND NOTES ON FILE WITH THE OGLESBY COLLECTION AT THE MARIN COUNTY LIBRARY (UNRECORDED). (4) J.C. OGLESBY SURVEY NO. 10084, DATED APRIL 1950, ORIGINAL PLATS AND NOTES ON FILE WITH THE OGLESBY COLLECTION AT THE MARIN COUNTY LIBRARY (UNRECORDED). (5) GMD S-78, GEORGE M. DODGE HARD COPY DATES 1889, ORIGINAL PLATS AND NOTES ON FILE WITH THE OGLESBY COLLECTION AT THE MARIN COUNTY LIBRARY (UNRECORDED). (6) DOCUMENT NO. 2019-0048474, RECORDED DECEMBER 20, 2019,

OFFICE OF THE COUNTY RECORDER

FINAL MAP OF WEST END VILLAGE

FOR CONDOMINIUM PURPOSES
TS18-002

LANDS OF O'FL YNN, DESCRIBED IN THAT CERTAIN DEED RECORDED ON DECEMBER 20, 2019 AS DOCUMENT NUMBER 2019-0048474,

OFFICIAL RECORDS OF MARIN COUNTY

CITY OF SAN RAFAEL
SCALE: AS SHOWN
JOB NO: 6664

COUNTY OF MARIN
BARRY A. PIERCE

TRANSAMERICAN ENGINEERS & ASSOCIATES
Fox Plaza, 1390 Market Street Suite 201 San Francisco, CA 94102 tel. no. (415) 553-4092 email: [email protected]

STATE OF CALIFORNIA
JULY 2022
SHEET 3 OF 3
APN: 011-193-10, ADDRESS: 1628 FIFTH AVENUE
Recording Requested By and
When Recorded Return To:

Herzig & Berlese
414 Gough Street, Suite 5
San Francisco, CA 94102
Situs: 1628 Fifth Avenue, San Rafael, CA 94901
APN: 011-193-10, formerly 011-193-006 and a portion of 011-193-007

DECLARATION OF RESTRICTIONS

AND CONDOMINIUM PLAN
FOR
1628 Fifth Avenue
San Rafael, California
West End Village
a Condominium Project
Vincent O'Flynn and Joseph O'Flynn
Declarant

IF THIS DOCUMENT CONTAINS ANY RESTRICTION BASED ON AGE, RACE,

COLOR, RELIGION, SEX,GENDER,GENDERIDENTITY,GENDER EXPRESSION,

SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY,

VETERAN OR MILITARY STATUS, 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 BY SUBMITTING A
"RESTRICTIVE COVENANT MODIFICATION" FORM, TOGETHER WITH A

COPY OF THE ATTACHED DOCUMENT WITH THE UNLAWFUL PROVISION REDACTED TO THE COUNTY RECORDER'S OFFICE. THE "RESTRICTIVE COVENANT MODIFICATION" FORM CAN BE OBTAINED FROM THE COUNTY RECORDER'S OFFICE AND MAY BE AVAILABLE ON ITS INTERNET WEBSITE.

THE FORM MAY ALSO BE AVAILABLE FROM THE PARTY THAT PROVIDED YOU WITH THIS DOCUMENT. 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.

TABLE OF CONTENTS
ARTICLE 1
Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE 2
Easements and Property Rights. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

2.1 CONDOMINIUM. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

2.2 NO SEPARATE CONVEYANCE OF COMMON AREA. . . . . . . . . . . . . . . . . . . . . 4

2.3 EASEMENTS AND USE RIGHTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

2.4 PARTITION; POWER OF ATTORNEY.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

2.5 FURTHER SUBDIVISION PROHIBITED. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 ARTICLE 3
Association, Administration, Membership and Voting Rights. . . . . . . . . . . . . . . . . . . . . . 7

3.1 ASSOCIATION TO MANAGE PROJECT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

3.2 MEMBERSHIP. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

3.3 MEMBERSHIP CLASSES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

3.4 VOTING RIGHTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE 4
Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

4.1 CREATION OF THE LIEN AND PERSONAL OBLIGATION OF
ASSESSMENTS.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

4.2 PURPOSE OF ASSESSMENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

4.3 REGULAR ASSESSMENTS.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

4.4 SPECIAL ASSESSMENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

4.5 ASSESSMENTS FOR EMERGENCY PURPOSES. . . . . . . . . . . . . . . . . . . . . . . . . . 9

4.6 REIMBURSEMENT ASSESSMENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

4.7 DIVISION OF ASSESSMENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

4.8 DATE OF COMMENCEMENT AND DUE DATES OF ASSESSMENTS;
NOTICE TO OWNERS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

4.9 EFFECT OF NONPAYMENT OF ASSESSMENT. . . . . . . . . . . . . . . . . . . . . . . . 11

4.10 REMEDIES ON DEFAULT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

4.11 PRIORITIES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

4.12 MORTGAGEE'S LIABILITY FOR UNPAID ASSESSMENTS. . . . . . . . . . . . . . 12

4.13 SEGREGATION OF FUNDS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

4.14 WAIVER OF EXEMPTIONS; EXEMPTION FROM EXECUTION. . . . . . . . . . . 12

4.15 UNSEGREGATED REAL PROPERTY TAX BILL. . . . . . . . . . . . . . . . . . . . . . . 13 i
ARTICLE 5
Duties and Powers of the Association . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

5.1 APPLICABILITY OF THE DAVIS-STIRLING COMMON

INTEREST DEVELOPMENT ACT AND THE NONPROFIT MUTUAL
BENEFIT CORPORATION LAW. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

5.2 DUTIES AND POWERS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

5.3 LIMITATION ON POWERS OF THE BOARD - PROHIBITED ACTS. . . . . . . . 16 ARTICLE 6
Architectural Control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

6.1 APPROVAL REQUIRED. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

6.2 PROCEDURES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

6.3 IMPROVEMENTS TO FACILITATE ACCESS FOR PHYSICALLY
DISABLED PERSONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

6.4 ANTENNAS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

6.5 ELECTRIC VEHICLE CHARGING STATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . 18

6.6 DECLARANT EXEMPT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 ARTICLE 7
Use Restrictions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

7.1 CONDOMINIUM USE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

7.2 SALES ACTIVITIES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

7.3 USE OF PARKING SPACES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

7.4 NUISANCE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

7.5 SIGNS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

7.6 ANIMALS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

7.7 GARBAGE DISPOSAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

7.8 RIGHT TO LEASE.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

7.9 CLOTHES LINES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

7.10 STORAGE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

7.11 WINDOW COVERING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

7.12 OUTDOOR COMMON AREA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

7.13 SOUND TRANSMISSION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

7.14 HAZARDOUS MATERIALS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

7.15 SMOKING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 ARTICLE 8
Maintenance and Repair Obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

8.1 OWNER'S MAINTENANCE AND REPAIR OBLIGATIONS. . . . . . . . . . . . . . . . 22

8.2 ASSOCIATION'S MAINTENANCE AND REPAIR OBLIGATIONS. . . . . . . . . . 23

8.3 MAINTENANCE RESPONSIBILITY LIST. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 ii
ARTICLE 9
Insurance Coverage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

9.1 REQUIRED COVERAGE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

9.2 INSURANCE REQUIRED BY CERTAIN LENDERS. . . . . . . . . . . . . . . . . . . . . . 26

9.3 REVIEW OF POLICIES; ADDITIONAL INSURANCE. . . . . . . . . . . . . . . . . . . . 27

9.4 OWNER'S INSURANCE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

9.5 INSURANCE PREMIUMS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

9.6 NOTICE OF LAPSE, CANCELLATION OR NONRENEWAL OF
INSURANCE POLICIES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

9.7 SETTLEMENT OF INSURANCE CLAIMS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 ARTICLE 10
Damage or Destruction; Condemnation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

10.1 DAMAGE TO A SINGLE UNIT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

10.2 DAMAGE TO TWO OR MORE UNITS OR COMMON AREA. . . . . . . . . . . . . 28

10.3 CONDEMNATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 ARTICLE 11
Mortgage Protection Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

11.1 "MORTGAGE, MORTGAGEE, MORTGAGOR" DEFINED. . . . . . . . . . . . . . . 30

11.2 MORTGAGE PERMITTED; VALIDITY OF MORTGAGE LIEN. . . . . . . . . . . 30

11.3 REQUIRED CONSENT OF ELIGIBLE MORTGAGE HOLDERS. . . . . . . . . . . 30

11.4 NOTICE TO MORTGAGE HOLDERS, INSURERS AND GUARANTORS. . . 31

11.5 RIGHTS TO INSPECT, RECEIVE STATEMENTS, ATTEND MEETINGS. . . . 31

11.6 LIMITATION ON RIGHT OF FIRST REFUSAL. . . . . . . . . . . . . . . . . . . . . . . . . 32

11.7 PRIORITY AS TO PROCEEDS AND AWARDS. . . . . . . . . . . . . . . . . . . . . . . . 32

11.8 SUBORDINATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

11.9 LIEN ON INDIVIDUAL UNIT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

11.10 MORTGAGEE RIGHT TO FURNISH INFORMATION. . . . . . . . . . . . . . . . . . 32

11.11 FORMER OWNER IN POSSESSION FOLLOWING FORECLOSURE. . . . . . 32 ARTICLE 12
General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

12.1 ENFORCEMENT.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

12.2 TERM. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

12.3 AMENDMENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

12.4 OWNER'S COMPLIANCE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

12.5 POWER OF ATTORNEY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

12.6 NOTICES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

12.7 INDEMNIFICATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35

12.8 STANDING OF ASSOCIATION.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35

12.9 NOTICE OF NEW OWNERSHIP. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35

12.10 CORRECTIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35

12.11 FAIR HOUSING.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 iii

12.12 SINGULAR AND PLURAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35

12.13 STATUTORY REFERENCES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35

12.14 SEVERABILITY OF PROVISIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

12.15 CONSTRUCTION OF PROVISIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

12.16 CONFLICTS IN DOCUMENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

12.17 NO WAIVER. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 ARTICLE 13
Disputes Regarding Defects in Design or Construction or Arising out of Sale, Including Mandatory Binding Arbitration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

13.1 NOTICE OF STANDARDS AND PROCEDURES. . . . . . . . . . . . . . . . . . . . . . . . 36

13.2 APPLICABILITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

13.3 NOTICE OF SIGNIFICANT LEGAL PROCEEDINGS. . . . . . . . . . . . . . . . . . . . . 37

13.4 INITIATION OF CIVIL CODE SECTIONS 896 AND 897 CLAIMS. . . . . . . . . . 37

13.5 BOARD MEMBER ATTENDANCE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

13.6 ELECTION TO USE ALTERNATIVE NONADVERSARIAL PROCEDURES. . 38

13.7 MANDATORY BINDING ARBITRATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

13.8 WAIVER OF JURY TRIAL AND RIGHT TO APPEAL. . . . . . . . . . . . . . . . . . . . 39

13.9 NO AMENDMENT WITHOUT DECLARANT’S CONSENT. . . . . . . . . . . . . . . 39

13.10 CONFLICTS.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 iv

DECLARATION OF RESTRICTIONS
FOR
1628 FIFTH AVENUE

WEST END VILLAGE
a Condominium Project
Recitals
THIS DECLARATION is made by Vincent O'Flynn and Joseph O'Flynn, "Declarant," with reference to the following:

A. Declarant is the Owner of a tract of land more particularly described as follows:

All that real property as shown on that certain map entitled "Final Map TS18-002", which map was filed for record on _________________, Book of Maps ____, pages ____ to _____, inclusive, Marin County Records.

B. The land has been improved with a building containing nine residential condominiums.

C. ARTICLE 13 OF THIS DECLARATION REFERS TO MANDATORY PROCEDURES FOR

THE RESOLUTION OF CONSTRUCTION DEFECT DISPUTES, INCLUDING THE WAIVER OF THE RIGHT TO A JURY TRIAL FOR SUCH DISPUTES.

D. By this Declaration, Declarant establishes a condominium project under the provisions of the Davis-Stirling Common Interest Development Act, Division 4, Part 5 of the Civil Code (beginning at Section 4000), and imposes upon the real propertymutually beneficial restrictions under a general plan of improvement for the benefit of all the Condominiums and Owners of Condominiums.

Declarant declares that the real property is held, conveyed, encumbered, leased, occupied and improved subject to the following declarations, limitations, covenants, conditions, restrictions and easements, all of which are for the purpose of enhancing and protecting the value and attractiveness of the Project, in accordance with the plan for the improvement of the real property and the division of it into Condominiums. All of the limitations, covenants, conditions, restrictions and easements constitute equitable servitudes and covenants that run with the land and are binding upon Declarant and all parties having or acquiring any right, title or interest in or to any part of the Project.

ARTICLE 1
Definitions

1.1 "Articles" means the Articles of Incorporation of the Association as amended from time to time.
1 1.2 "Association" means the West End Village Homeowners' Association, a California nonprofit mutual benefit corporation.

1.3 "Board" or "Board of Directors" means the governing body of the Association.

1.4 "Bylaws" means the Bylaws of the Association as amended from time to time.

1.5 "Common Area" means the entire Project except for the Units as defined in this Declaration and as shown on the Condominium Plan, and includes Exclusive Use Common Area. Common Area includes, but is not limited to, all of the following elements if located at the Project: the land, driveway, parking areas, light wells, (except light wells within a Unit), elevator, entrance, bearing walls, stairways (except stairs within a Unit), columns, girders, subfloors, unfinished floors, roofs and foundations, central HVAC system, equipment, tanks, pumps, motors, ducts, flues and chutes, conduits, pipes, plumbing, wires, and other utility installations (except the outlets located within a Unit), required to provide power, light, telephone, gas, water, sewerage, drainage, and airconditioning, sprinkler pipes and sprinkler heads which protrude into the Unit.

1.6 "Condominium" means an estate in real property consisting of an undivided interest in common in a portion of real property coupled with a separate interest in space called a Unit, the boundaries of which are described on the Condominium Plan. A Condominium includes a Unit, the Exclusive Use Common Areas appurtenant to the Unit, if any, and an undivided interest in the Common Area.

1.7 "Condominium Plan" means the three dimensional description of the Project in sufficient detail to identify the Common Area and the Units described in Civil Code Section 4285, and any amendments and corrections to it. The Condominium Plan is attached to this Declaration as Exhibit A and incorporated into it by this reference.

1.8 "County" means Marin County, California.

1.9 "Declarant" means Vincent O'Flynn and Joseph O'Flynn, and any successors and assigns who acquire Declarant's interest in the Project and expressly assume the rights and duties of the Declarant for purposes of this Declaration by a written instrument recorded in the County Recorder's office, or who is a Mortgagee that acquired Declarant's interest in the Project through foreclosure or deed in lieu of foreclosure.

1.10 "Declaration" means this Declaration of Restrictions and any amendments and supplements to it.

1.11 "Exclusive Use Common Areas" mean those portions of the Common Area designated for the exclusive use of one or more, but fewer than all, of the Owners and which are appurtenant to the Units.
2 1.12 "Governing Documents" means this Declaration, the Condominium Plan, the Articles, Bylaws and operating rules of the Association, all as amended from time to time.

1.13 "Map" means the subdivision map referred to in Recital A and any amendments and corrections to it.

1.14 "May", "Must", "May Not". As used in the Governing Documents, the word "may" means an action is permitted, but not required, to be taken or performed; the word "must" means that an action is required to be taken or performed; and the words "may not" mean an action is not permitted and cannot be taken or performed.

1.15 "Member" means a person who is a member of the Association.

1.16 "Mortgage, Mortgagee, Mortgagor" are defined in Section 11.1.

1.17 "Owner" means the record holder of title to a Condominium in the Project. If a Condominium is sold under a recorded contract of sale to a purchaser, the purchaser rather than the seller is considered the Owner. "Owner" does not include a person who has an interest that is merely security for the performance of an obligation.

1.18 "Person" means a natural person, a corporation, a partnership, a limited liability company, a trustee, or other legal entity.

1.19 "Project" means the real property described in Recital A, all structures and improvements erected or to be erected on it, and all easements and rights appurtenant to it.

1.20 "Unit" means the elements of a Condominium that are not owned in common with other Owners or by the Association. Each Unit as separately shown, numbered and designated on the Condominium Plan consists of the space bounded by and contained within the interior unfinished perimeter walls, floors and ceilings, and the windows, window frames, doors and doorframes of the Unit. Each Unit includes all of the following items, if located within it: electrical, heating and plumbing fixtures, appliances, wall board, sheet rock, interior nonstructural walls (except for water and other pipes, electrical wires, conduits, vents and similar improvements within the walls that serve more than one Unit), staircases connecting levels within a Unit, cabinets, interior doors, ventilation fans, and wall, floor and ceiling finishes (as, for example, paint, wall paper, paneling, carpet, hardwood, or tile). Each Unit also includes all of the following items, if any, whether located within the Unit or the Common Area that serve only the Unit: air heating, air conditioning, water heating equipment, ventilation systems, alarmsystems, and similar fixtures and systems. A Unit does not include any structural elements.

1.21 "Vote of a Quorum of Members" means a majority of votes cast by Owners entitled to vote either at a meeting of the Members at which a quorum is present or by written ballot, as provided in the Bylaws. However, if a vote greater than a majority is required on any matter, a Vote of a Quorum of Members means that higher percentage of votes. 3 ARTICLE 2
Easements and Property Rights

2.1 CONDOMINIUM. Each Condominium consists of a Unit, the Exclusive Use Common Areas appurtenant to the Unit, if any, an undivided interest in the Common Area, and any other easements and rights provided for in this Declaration.

A. Units. Each Unit includes the elements defined in Section 1.20. A Unit does not include those areas and things defined as Common Area in Section 1.5. Each Unit is subject to encroachments that now exist or that may be later caused or created in anymanner referred to in Section 2.3D. In interpreting deeds and plans, the then existing physical boundaries of a Unit, whether in its original state or reconstructed in substantial accordance with the original plans, are conclusively presumed to be its boundaries rather than the boundaries expressed in the deed or Condominium Plan, regardless of settling or lateral movement of the building and regardless of minor variance between boundaries shown on the Plan or deed and those of the building.

B. Common Area. Each Owner owns, as appurtenant to his or her Unit, an undivided interest in the Common Area as shown on the Condominium Plan. Each Owner may use the Common Area in accordance with the purposes for which it is intended without hindering the exercise of, or encroaching upon the rights of any other Owners.

C. Exclusive Use Common Area. Portions of the Common Area, referred to as Exclusive Use Common Areas, are set aside and allocated for the exclusive use of one or more, but fewer than all, of the Owners. The Exclusive Use Common Areas consist of the parking areas, disabled parking area, rear yard, decks and roof decks as designated on the Condominium Plan. The common roof deck located on the roof of the Project is an Exclusive Use Common Area appurtenant to Units 101 and Units 201 through 204, inclusive.

An easement for the use of each of these Exclusive Use Common Areas is assigned to the correspondingly numbered Unit(s) as shown on the Condominium Plan or, if no correspondingly numbered Unit is shown on the Condominium Plan, is assigned as provided in the deeds to the Units. The Exclusive Use Common Areas also consist of internal and external wiring designed to serve a single Unit, fireplaces, windows, window frames, window boxes, screens, shutters, awnings, doorsteps, stoops, exterior doors, door frames and hardware.

2.2 NO SEPARATE CONVEYANCE OF COMMON AREA. The undivided interest in Common Area appurtenant to each Unit is permanent in character and cannot be altered without the consent of all the Owners affected and their first Mortgagees as expressed in an amended Declaration. The undivided interest in Common Area cannot be separated from the Unit to which it is appurtenant, and is conveyed or encumbered with its respective Unit even though the instrument of conveyance or encumbrance may refer only to the Unit. The foregoing does not prohibit the transfer between Owners of Exclusive Use Common Area that does not directly abut the Unit to which it is appurtenant (as, by way of example, parking spaces). 4 2.3 EASEMENTS AND USE RIGHTS. The following easements, reservations and use rights affect the Project.

A. Owners' Nonexclusive Easements; Association Rights. Each Owner has the unrestricted right of ingress and egress to his or her Condominium. Each Owner has, appurtenant to his or her Unit, nonexclusive easements of use, enjoyment, ingress, egress, and support in, to, and throughout the Common Area and any improvements or facilities on the Common Area. The nonexclusive easements are subject to all of the rights and powers of the Association as described in this Declaration. However, the nonexclusive easements are subordinate to and may not interfere with the right to use Exclusive Use Common Areas.

B. Entry or Use Rights. Each Condominium is subject to the following rights of entry and use:
(1) The right of Declarant, or its agents, to enter any portion of the Project to construct the improvements Declarant intends to construct, to conduct sales activities, and to make repairs and to remedy construction defects, provided that the entry does not interfere with the use or occupancy of any occupied Unit unless authorized by its Owner, which authorization must not be unreasonably withheld. (2) The right of the Association, or its agents, to enter any Unit or Exclusive Use Common Area to cure any violation or breach of any of the Governing Documents, provided that the Owner has been given notice and the opportunity to be heard as provided in the Bylaws. The Association may levy a reimbursement assessment against the Owner for its costs in effecting a cure. The rights of entry and cure are immediate in case of an emergency originating within or threatening any Unit, whether or not its Owner is present.
(3) The right of the Association, or its agents, to enter any Unit or Exclusive Use Common Area to perform its responsibilities under this Declaration, including responsibilities with respect to window washing, construction,maintenance, or repair of the Common Area, or for the benefit of the Owners in common. The rights are immediate in case of an emergency originating within or threatening any Unit, whether or not its Owner is present.
(4) The right of any Owner, or Owner's agents, to enter the Unit or Exclusive Use Common Area of any other Owner for purposes of performing installations, alterations or repairs to mechanical, electrical, telecommunication and electronic communication services that are reasonably necessary for the use and enjoyment of his or her Unit, provided requests for entry are made in advance and that entry is at a time convenient to the Owner whose Unit is being entered. In case of emergency, the right of entry is immediate.
5 C. Power to Grant Easements and Exercise Other Property Rights. (1) The Association or Declarant (as long as Declarant owns 25% or more of the Condominiums in the Project) has the authority and power in the name of the Association and all of the Owners to convey or otherwise transfer to a third party fee title, easements, leasehold estates, rights-of-way and other interests in the Common Area for the purposes of (a) constructing, erecting, operating or maintaining lines, cables, wires, conduits, or other devices for electricity, power, telecommunications, electronic communications, public sewers, storm water drains and pipes, water systems, sprinkling systems, heating and gas lines or pipes, and similar public or quasi-public improvements or facilities, (b) accommodating encroachments that do not unreasonably interfere with the use and enjoyment of the Common Area, and (c) accomplishing any other reasonable purpose that the Board or Declarant determines is in the interest of the Association and the Owners.
(2) The Association or Declarant (as long as Declarant owns 25% or more of the Condominiums in the Project) has the authority and power in the name of the Association and all of the Owners to convey or otherwise transfer to any Owner fee title, easements, Exclusive Use Common Areas, leasehold estates, rights-of-way and other interests in the Common Area for any of the reasons provided in subsection (1) above provided that it has first obtained the consent of 51% of the Owners for the conveyance or transfer. However, the consent of the Owners is not required for a conveyance or transfer to an Owner for any of the purposes specified in Civil Code Section 4600(b).
(3) Each Owner, in accepting a deed to a Condominium, expressly consents to the foregoing actions and authorizes and appoints the Association and Declarant (as long as Declarant owns 25% or more of the Condominiums in the Project) as attorney-infact of the Owner to execute instruments conveying or creating the easements or other rights, and to execute subdivision maps, lot line adjustments, condominium plans, deeds and similar documents in connection with the conveyance. (4) An easement or other property right may not be granted if it would substantially interfere with the use, occupancy, or enjoyment by an Owner of his or her Unit or Exclusive Use Common Area appurtenant to that Unit without the consent of the affected Owner.
(5) Conveyance of fee title to any portion of the Project is subject to obtaining the necessary approval of first Mortgagees and Owners as provided in Article 11.

D. Encroachment Easements. Each Unit has an easement over all adjoining Units and the Common Area for the purpose of accommodating any encroachment due to engineering errors, errors in original construction, settlement or shifting of the building, or any other cause as long as the encroachment exists. However, a valid encroachment is not created in 6 favor of an Owner if it occurred due to the Owner's willful misconduct. If a structure is repaired or rebuilt, minor encroachments over adjoining Units and the Common Area are permitted and there are valid easements for the maintenance of these encroachments as long as they exist.

E. Utility Easements. “Utility Easements” means easements for the installation, maintenance, repair and replacement of utility shafts, vents, ducts, conduit, lines and equipment. Each Unit is burdened by Utility Easements in favor of each other Unit as necessary, along with easements for ingress and egress as necessary to maintain and repair those elements. The location of Utility Easements is the location, when installed as part of the original construction of the Project or as subsequently installed with the consent of the Owner of the burdened Unit, of the elements for which the Utility Easements are required.

2.4 PARTITION; POWER OF ATTORNEY. Except as provided by Civil Code Section 4610, judicial partition of the Project or any part of it is prohibited. Judicial partition by sale of a single Condominium owned by two or more persons and division of the sale proceeds is not prohibited, but partition of title to a single Condominium is prohibited.

If partition is authorized under Civil Code Section 4610, and subject to obtaining the necessary approval of first Mortgagees and Owners as provided in this Declaration, the Association may sell the entire Project, in one or more transactions, for the benefit of all Owners. Each Owner irrevocably appoints the Association as his or her attorney-in-fact to sell the Project under this section.

2.5 FURTHER SUBDIVISION PROHIBITED. An Owner may not further subdivide his or her Condominium except with the approval of the Board. An Owner may not convey time-share interests in his or her Condominium.

ARTICLE 3
Association, Administration, Membership and Voting Rights

3.1 ASSOCIATION TO MANAGE PROJECT. The Project is managed and operated by the Association. Before the Association begins operating the Project, Declarant is responsible to operate the Project.

3.2 MEMBERSHIP. Each Owner of a Condominium is automaticallya Member of the Association, and remains a Member until that Member's ownership of a Condominium ceases, at which time his or her membership in the Association automaticallyceases. If a Condominium is owned bymore than one person, each person is a Member. An Owner may not resign, transfer, pledge or alienate his or her membership in any way except by sale of the Condominium to which it is appurtenant and then only to the purchaser. Any prohibited transfer is void. 7 3.3 MEMBERSHIP CLASSES. The Association has two classes of voting membership.

A. CLASS A. Each Owner is a Class A Member. Each Class A Member has one vote for each Condominium owned. If a Condominium is owned by more than one Member, the vote for the Condominium will be exercised as those Members determine, but not more than one vote may be cast for any Condominium. If a Member disputes the vote cast for his or her Condominium by a co-owner of the Condominium, the vote for that Condominium will not be counted. Declarant becomes a Class A Member when Class B membership ends.

B. CLASS B. Declarant is the Class B Member. The Class B Member has three votes for each Condominium owned. Class B membership ends when the total outstanding votes held by Class A Members equal the total outstanding votes held by the Class B Member or on the second anniversary date of the first conveyance of a Condominium in the Project, whichever occurs first.

3.4 VOTING RIGHTS. Unless otherwise provided in the Governing Documents, any action that requires a Vote of a Quorum of Members requires the prescribed number of votes cast by Owners entitled to vote either at a meeting of the Owners at which a quorum is present or by written ballot, as provided in the Bylaws. The prescribed number of votes is a majority of votes, unless a vote greater than a majority is required elsewhere in the Governing Documents, in which case action on that matter requires a vote of that prescribed percentage.

Any provision in the Governing Documents that requires a Vote of a Quorum of Members requires:

A. where the two-class voting structure is in effect, a vote of a majority of a quorum of the Class A Members and a vote of the Class B Member; or
B. after Class B membership has been converted to Class A membership, a vote of a majority of a quorum of Members and a vote of a majority of a quorum of Members other than Declarant.

ARTICLE 4
Assessments

4.1 CREATION OFTHE LIEN AND PERSONAL OBLIGATION OFASSESSMENTS. Each Owner agrees to pay to the Association assessments that are levied under this Declaration.

Assessments are payable without deduction or offset for any claim the Owner may have against the Association. Each assessment, together with interest, costs and reasonable attorneys' fees, is the personal obligation of the Owner of the Condominium at the time when the assessment is levied. If more than one person is the Owner, the personal obligation to pay the assessment is joint and several.

No Owner may exempt himself or herself from liability for payment of assessments by waiver of use or enjoyment of any of the Common Area or abandonment of his or her Condominium. 8 4.2 PURPOSE OF ASSESSMENTS. The Association must levy regular and special assessments sufficient to perform its obligations. The Association may not levy an assessment that exceeds the amount necessary to defray the costs for which is it levied. Assessments levied by the Association must be used exclusively to promote the health, safety, and welfare of all residents of the Project, for the improvement and maintenance of the Common Area, and for the common good of the Project.

4.3 REGULAR ASSESSMENTS. The regular assessment is the total amount of funds necessary to defray the expenses attributable to the ownership and operation of the Common Area for the fiscal year. It must include adequate reserve funds for contingencies and for maintenance, repairs, and replacement of Common Area improvements that must be replaced on a periodic basis, sufficient to satisfy the reasonable requirements of any first Mortgagee and to maintain the Common Area in firstclass condition and repair.

At least 30 days and not more than 90 days before the beginning of each fiscal year, the Board must establish the regular assessment for that fiscal year. If at any time during the year the Board decides that the amount of the regular assessment is inadequate or excessive, it may revise the assessment for the balance of the fiscal year, effective on the first day of the month following the date of the revision.

If the Board fails to establish the regular assessment for any fiscal year, the regular assessment will be the same as that of the prior fiscal year.

The Board must obtain a Vote of a Quorum of Members (1) to increase the regular assessment in an amount that is more than 20 percent greater than the regular assessment for the immediately preceding fiscal year, and (2) to increase the regular assessment in any amount if the Board has not prepared and distributed to the Owners the annual budget report described in Civil Code Section 5300(b) and Section 5.2 of the Bylaws. For purposes of this section, the quorum requirement for a Vote of a Quorum of Members is more than 50 percent.

4.4 SPECIAL ASSESSMENTS. In any fiscal year, the Board may levy a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of construction, reconstruction, repair or replacement of Common Area, including fixtures and personal property, and for extraordinary expenses incurred by the Association. A special assessment in excess of 5 percent of the budgeted gross expenses of the Association for the fiscal year in which the assessment is levied requires a Vote of a Quorum of Members. "Budgeted gross expenses of the Association" does not include any expense paid from the Association's reserve account. For purposes of this section, the quorum requirement for a Vote of a Quorum of Members is more than 50%.

4.5 ASSESSMENTS FOR EMERGENCY PURPOSES. The Board may increase the regular assessment and impose special assessments without a Vote of a Quorum of Members if necessary for emergency situations. For purposes of this section, an emergency situation is any one of the following:

A. An extraordinary expense required by an order of a court; 9 B. An extraordinaryexpense necessaryto repair or maintain the Common Area where a threat to personal safety is discovered at the Project; or
C. An extraordinary expense necessary to repair or maintain the Common Area that could not have been reasonably foreseen by the Board in preparing and distributing the pro forma operating budget described in the Bylaws. Before imposing or collecting an assessment under this section, the Board must pass a resolution containing written findings as to why the extraordinary expense is necessary and why the expense was not or could not have been reasonably foreseen in the budgeting process.

4.6 REIMBURSEMENT ASSESSMENTS. The Board may impose a reimbursement assessment to collect a charge levied to reimburse the Association for costs incurred by it on behalf of an Owner, or in the repair of damage to the Common Area caused by an Owner or occupant of the Owner's Unit, or to collect a fine or penalty levied to bring an Owner and his or her Condominium into compliance with the Governing Documents. The Board may impose a reimbursement assessment on an Owner only after giving the Owner notice and the opportunity to be heard, as provided in the Bylaws. A reimbursement assessment becomes a lien upon a Unit upon the recording of a Notice of Delinquent Assessment as provided in Civil Code Section 5675(a); however, the lien created therebymay not be enforced by sale of the Condominium pursuant to Civil Code Sections 2924, 2924b and 2924c.

4.7 DIVISION OF ASSESSMENTS. The expenses for regular assessments are divided among the Owners equally.

Declarant has installed one domestic water meter for the Units. Submeters have been installed that measure hot and cold water use for each Unit and in regard to Unit 101, water used in the yard. There is a sewer charge for each Unit that is calculated from water usage. There also is a meter charge for each Unit that is the same as that of the local water company. The Association will be billed for water by the local water company, and the HOA will bill each Owner for his or her share of the water bill.

Each Owner must timely pay the bill. If an Owner does not pay for his or her water expenses, a late fee and other charges will be added to the bill. Additionally, if an Owner does not pay for his or her water expenses, and if the Association pays for the expenses on behalf of an Owner, the Association may levy a Reimbursement Assessment against the Owner for the expenses paid, and also a late charge and interest under section 4.9.

Special assessments also are divided among the Owners equally, except where the special assessment is levied to raise funds for the rebuilding or major repair of structural Common Area that houses the Units. In that case, the special assessment is divided upon the basis of the ratio of the square footage of the floor area of the Unit to be assessed to the total square footage of the floor area of all Units. For purposes of this section, the square footage of the Units is the approximate square footage for the Units shown on the Condominium Plan.

Each Unit must have appurtenant to it at least one parking space. Each Owner must pay an additional monthly fee for parking expenses for each parking space appurtenant to his or her Unit, as shown in the Garage Cost Center Budget. The parking expenses include, but are not limited to: insurance, 10 custodial services for the garage; concrete cleaning and repairs and accounting and administrative costs for the Garage Cost Center Budget; and reserves for the garage door, garage door operator, light fixtures and exhaust fan.

Each of Units 301 through 304, inclusive, which have an appurtenant roof deck, must pay an additional monthly fee for deck expenses as shown in the Deck Cost Center Budget. The deck expenses include, but are not limited to reserves for flooring, planters and railings.

The Board annually must review the expenses, income and reserves attributable to and follow the requirements and procedures set forth this Declaration and the Bylaws in regard to the Association’s operating and reserve accounts in the preparation and distribution of the two Cost Center Budgets.

All provisions of the Declaration and Bylaws which pertain to regular assessments and special assessment pertain to the components of the two Cost Center Budgets. The Board may increase either of the Cost Center Budgets, except that a Vote of a Quorum of Members with a parking space (based on one vote per parking space) or a roof deck (based on one vote for each Owner with an appurtenant deck) is required to increase the a Cost Center Budget component of the regular assessment under the circumstances set forth in Section 4.3. Documents prepared by the Board in regard to the Garage Cost Center Budget must be distributed only to Owners with parking spaces, and documents prepared by the Board in regard to the Deck Cost Center Budget must be distributed only to Owners with decks, but the Board may distribute the documents to other Owners if it wishes to do so. Commingling of either Budget Cost Center funds with other funds of the Association is not permitted. Cost Center Budget funds may not be used for any purpose other than those for which they are collected.

4.8 DATE OF COMMENCEMENT AND DUE DATES OF ASSESSMENTS; NOTICE TO OWNERS. Regular assessments begin for all Units on the first day of the month following the conveyance of the first Condominium from Declarant to an Owner. The regular assessment is payable in equal monthly installments due on the first day of each month, unless the Board adopts some other basis for collection or due date. The due date for payment of a special assessment or a reimbursement assessment is the date specified in the notice ofthe assessment. The Association must send each Owner notice of an increase in the regular assessment, any special assessment, and any reimbursement assessment not less than 30 and not more than 60 days before the due date of the assessment. If an assessment for emergency purposes is levied under section 4.5, a copy of the resolution required under that section must be distributed with the notice of assessment.

4.9 EFFECT OF NONPAYMENT OF ASSESSMENT. An assessment or installment that is not received by the Association within 15 days after its due date is a delinquent payment. A delinquent payment is subject to a late charge of 10 percent of the delinquent assessment or installment or $10.00, whichever is greater, on all delinquent payments. A late charge may not be imposed more than once on any delinquent payment, does not eliminate or supersede any charges imposed on prior delinquent payments, and constitutes full compensation to the Association for additional bookkeeping, billing, or other administrative costs resulting from the delinquent payment. 11 Interest accrues on a delinquent payment at the rate of 12 percent per annum, beginning 30 days after the due date of the assessment or installment through and including the date full payment is received by the Association.

4.10 REMEDIES ON DEFAULT. In the event of a default in payment of any assessment or installment, and in addition to any other remedies provided by law, the Association may enforce payment of the assessment or installment in any of the following ways.

A. Personal Obligation. The Association may bring legal action against the delinquent Owner for the amount of delinquent assessments or installments, the fees and reasonable costs of collection, reasonable attorney's fees, and late charges and interest, if any. A legal action may be maintained without foreclosing or waiving lien rights.

B. Judicial Foreclosure or Power of Sale. The Association may bring an action for judicial or nonjudicial foreclosure provided that the amount of delinquent assessments, the duration of the delinquency, or both comply with the requirements of Civil Code section 5720.

C. Alternative Dispute Resolution. An assessment dispute may be resolved through alternative dispute resolution as provided in Civil Code sections 5660(f) and 5705(b), and according to the procedures set forth in the Bylaws or otherwise adopted by the Association.

4.11 PRIORITIES. A Notice of Delinquent Assessment constitutes a lien on the Condominium against which it is recorded prior to all other liens except taxes, bonds, assessments and other liens which by law would be superior to it, and the lien of any first Mortgage of record that was recorded before the delinquent assessment became due. The lien is not affected by the sale or transfer of the Condominium against which it is recorded.

4.12 MORTGAGEE'S LIABILITY FOR UNPAID ASSESSMENTS. The holder of a first Mortgage that obtains title to a Condominium pursuant to a foreclosure proceeding is not liable for unpaid assessments and charges that accrued prior to its acquisition of the Condominium. A first Mortgagee is liable for any assessments becoming due after the date of the transfer.

4.13 SEGREGATION OF FUNDS. All proceeds paid for reserves or for any special assessment must be segregated and deposited in a special account and, except for a transfer made under Section

9.3 of the Bylaws, must be used solely for the purpose for which levied.

4.14 WAIVER OF EXEMPTIONS; EXEMPTION FROM EXECUTION. Each Owner waives the benefit of any homestead or exemption laws of the State of California as to any assessment lien created under this Article.

Regular assessments are exempt from execution by a judgment creditor of the Association only to the extent necessary for the Association to perform essential services, such as paying for utilities and insurance. In determining the appropriateness of an exemption, a court shall ensure that only essential services are protected under this section 4.14 and Civil Code section 5620. The exemption shall not 12 apply to any consensual pledges, liens or encumbrances that have been approved by a Vote of the Owners pursuant to Civil Code section 4070, at a Member meeting or election, or to any state tax lien, or to any lien for labor or materials supplied to the Common Area.

4.15 UNSEGREGATED REAL PROPERTY TAX BILL. If real property taxes have not been segregated by the County Assessor, each Owner must pay a proportionate share of the unsegregated tax bill. An Owner's proportionate share of the unsegregated tax bill is calculated by multiplying the amount of the bill by a fraction, the numerator of which is the approximate square footage of the Owner's Unit and the denominator of which is the total approximate square footage of all Units in the Project. Square footage will be determined as shown on the Condominium Plan.

ARTICLE 5
Duties and Powers of the Association

5.1 APPLICABILITY OF THE DAVIS-STIRLING COMMON INTEREST

DEVELOPMENT ACT AND THE NONPROFIT MUTUAL BENEFIT CORPORATION LAW.

A. Davis-Stirling Common Interest Development Act. The Association must comply with the requirements of the Davis-Stirling Common Interest Development Act (the "Act").

The Act includes comprehensive regulations concerning the management of the affairs of the Association including, without limitation, election procedures, conduct of meetings, enforcement of assessments, resolution of disputes, preparation and distribution of financial documents, notices required to be sent to Members, calculation and maintenance of reserve funds, retention and inspection of Association records, adoption of operating rules, and Board approval of physical improvements to the Project made byMembers. The Association must adopt provisions in the Governing Documents as reasonably necessary to implement the Act, and each Owner takes his or her interest in the Project subject to the provisions of the Bylaws, operating rules and policies of the Board in addition to the provisions of this Declaration.

B. Non-Profit Mutual Benefit Corporation Law. The Association has all of the powers of a corporation organized under the California Non-Profit Mutual Benefit Corporation law, subject only to the limitations on those powers set forth in the Act and in the Governing Documents. The Association has the power to do any lawful thing required or permitted to be done under the Act and the GoverningDocuments and necessary, appropriate or incidental to the exercise of the express powers or duties of the Association for the peace, health, comfort, safety and general welfare of the Owners. The affairs of the Association must be conducted by a Board of Directors or committees appointed by the Board, and by the officers of the Association.

5.2 DUTIES AND POWERS. The duties and powers of the Association include, but are not limited to, the following.
13 A. Maintenance. The Association must maintain the Project as provided in Article 8.

B. Insurance. The Association must maintain the policies of insurance required by Section

9.1 of this Declaration. The Association is authorized to negotiate on behalf of the Owners with any insurer, and to settle, enforce by legal action, and execute releases on claims filed with respect to insurance policies obtained by the Association.

C. Discharge of Liens. The Association must discharge any lien against the Common Area and levy a reimbursement assessment against the Owner responsible for the existence of the lien, including attorneys' fees and costs incurred by the Association in the payment and discharge of the lien.

D. Payment of Expenses and Taxes. The Association must promptly pay all expenses and obligations incurred by it in the conduct of its business. The Association must pay all real and personal property taxes and assessments levied against the Common Area and any property owned by the Association that is not included in the annual property tax bills of the Owners.

E. Enforcement. The Association must enforce the Governing Documents as provided in this Declaration, the Bylaws and any operating rules adopted by the Association. The right to enforce the Governing Documents includes, without limitation, the right to impose fines and penalties, and to suspend voting rights.

Notwithstanding anything to the contrary contained in this Declaration, the Board may not cause a forfeiture or abridgement of an Owner's rights to the full use and enjoyment of his or her Unit except where the loss or forfeiture is the result of the judgment of a court or a decision arising out of arbitration or on account of a foreclosure or sale under power of sale for failure of the Owner to pay assessments levied by the Association.

F. Assessments. The Association must levy against the Owners and collect assessments in the amount necessary to pay for the cost of maintaining, improving, repairing, rebuilding, operating and managing the Project.

G. Utility Service. The Association has the authority to obtain, for the benefit of all of the Condominiums, utility services such as common water, gas and electric service, telephone, television and other telecommunications and electronic access and services, and refuse collection. The Association must maintain all utility installations located in the Common Area, except those installations maintained by utility companies. The Association must pay all charges for utilities supplied to the Project except those metered or charged separately to the Units.

H. Easements. The Association has the authority to grant easements where necessary for utilities and sewer facilities over the Common Area to serve the Common Area and the Units, as provided in Article 2.
14 I. Manager. The Association has the authority to employ a manager or other persons, and to contract with independent contractors or managing agents to perform the duties and responsibilities of the Association. A contract with a firm or person appointed as a manager or managing agent cannot exceed a one year term, and must provide for the right of the Association to terminate the contract at the first annual meeting of the Members of the Association, and to terminate the contract for cause on 30 days' written notice or, without cause or payment of a termination fee, on 90 days' written notice.

J. Operating Rules. The Association has the authority to adopt reasonable operating rules consistent with this Declaration relating to the use of the Project by the Owners, their tenants, guests and invitees. An operating rule is valid and enforceable only if it is reasonable, in writing, within the authority of the Board conferred by law or by the Declaration, consistent with the Governing Documents, and adopted, amended, or repealed in good faith and in substantial compliance with the provisions of Civil Code Sections 4340 through 4370.

K. Access. In order to perform maintenance, repairs, or any other of its responsibilities, the Association, its agents and employees may enter any Unit or any portion of the Common Area as provided in Article 2. Entry must be made at reasonable hours and with as little inconvenience to the occupant as possible, and any damage caused must be repaired at the expense of the Association. Except in case of an emergency, 24 hours' advance notice must be given to the occupant prior to entry.

L. Acquisition and Disposition of Property. The Association has the power to acquire, own, improve, operate, maintain, lease, transfer, dedicate for public use or otherwise dispose of real or personal property in connection with its affairs.

M. Loans. The Association has the authority to borrow money and, with a vote of a a majority of Members entitled to vote, other than Declarant, to mortgage, pledge, deed in trust, or hypothecate any or all of its real or personal property as securityfor money borrowed or debts incurred.

N. Contracts. The Association has the authority to contract for goods and services for the Common Area or the Association.

O. Delegation. The Association has the authority to delegate its authority and powers to committees, officers, or employees of the Association, except for the powers to:
(1) make a decision to commence proceedings for mediation and arbitration or to file litigation when permitted under the Governing Documents or applicable law, record a lien, or foreclose upon a lien for default in payment of assessments; (2) make a decision to levy assessments;
15 (3) make capital expenditures;
(4) impose discipline and levy fines for violations of the Governing Documents; or (5) hold hearings required under the Governing Documents.

P. Fees. The Association has the authority to impose fees for special costs incurred by the Association as result of actions taken byOwners, as for example, move-in/move-out fees and excess costs for garbage collection.

Q. Reporting Requirements. The Association must prepare and distribute the documents and notices required under the Act, as more fully provided in Articles 5 and 6 of the Bylaws.

5.3 LIMITATION ON POWERS OF THE BOARD - PROHIBITED ACTS. The Board may not take any of the following actions without a Vote of a Quorum of Members other than Declarant.

For purposes of this section, the quorum requirement for a vote is more than 50% of the Members.

A. enter into a contract with a third person for goods or services for the Common Area or the Association for a term longer than one year with the following exceptions:
(1) a management contract, the terms of which have been approved by the Federal Housing Administration or Veterans Administration;
(2) a contract with a public utility company if the rates charged for the materials or services are regulated bythe PublicUtilities Commission; provided however, that the term of the contract cannot exceed the shortest term for which the supplier will contract at the regulated rate;
(3) prepaid casualty and/or liability insurance policies not to exceed three years duration provided that the policy permits short rate cancellation by the insured; (4) lease agreements for laundry room fixtures and equipment not to exceed five years duration provided that the lessor under the agreement is not an entity in which Declarant has a direct or indirect ownership interest of 10 percent or more; (5) agreements for cable television services and equipment or satellite dish television services and equipment not to exceed five years duration provided that the supplier is not an entity in which Declarant has a direct or indirect ownership interest of 10 percent or more;
(6) agreements for sale or lease of burglar alarm and fire alarm equipment, installation and services not to exceed five years duration provided that the supplier or suppliers are not entities in which Declarant has a direct or indirect ownership interest of 10 percent or more.
16 (7) a contract for a term not to exceed three years that is terminable by the Association after no longer than one year without cause, penalty or other obligation upon 90 days' written notice of termination to the other party.

B. incur aggregate expenditures for capital improvements to the Common Area in any fiscal year in excess of 5 percent of the budgeted gross expenses of the Association for that fiscal year;
C. sell during any fiscal year property of the Association having an aggregate fair market value greater than 5 percent of the budgeted gross expenses of the Association for that fiscal year; or
D. pay compensation to directors or to the officers of the Association for services performed in the conduct of the Association's business. However, the Board may reimburse a director or officer for reasonable expenses incurred in carrying on the business of the Association.

ARTICLE 6
Architectural Control

6.1 APPROVAL REQUIRED. The prior written approval of the Board obtained in accordance with the procedures set forth in the Bylaws is required before an Owner may make any improvements or modifications ("improvement") to any portion of the Common Area (which includes Exclusive Use Common Area) appurtenant to the Owner's Unit, or make anyimprovements within his or her Unit that may affect structural Common Area, increase the burden on common building systems, result in an increase in sound transmission between Units, install an antenna or satellite dish, or otherwise adversely affect the Common Area or other Units.

A decision to grant or deny permission to make an improvement is within the discretion of the Board, provided that it is made in good faith and is not unreasonable, arbitrary or capricious. In making its decision, the Board may take into account subjective factors such as the quality of workmanship, design, harmony of external design with existing structures, and location in relation to surrounding structures.

6.2 PROCEDURES. The Board must establish procedures that comply with the requirements of Civil Code Section 4765(a) regarding application for and review of improvements.

6.3 IMPROVEMENTS TO FACILITATE ACCESS FOR PHYSICALLY DISABLED PERSONS. The Board may not deny approval of any improvement to a Unit to facilitate access for persons who are blind, visually handicapped, deaf, or physically disabled, or to alter conditions which could be hazardous to these persons, without good cause. The requested improvement may include modifications of the route from the public way to the door of the Unit if the Unit is already accessible byan existing ramp or elevator. The Board maycondition its approval of the improvement 17 in accordance with the provisions of Civil Code Section 4760. The cost of the improvement must be paid by the requesting Owner.

6.4 ANTENNAS. Installation and use of a satellite dish, video or television antenna with a diameter or diagonal measurement of one meter or less is subject to the provisions of federal law, Civil Code Section 4725 and any standards set forth in the Bylaws or in operating rules. Approval of the installation or use of any other satellite dish, video or television antenna, or an electric vehicle charging station is within the discretion of the Board.

6.5 ELECTRIC VEHICLE CHARGING STATIONS; GUEST PARKING. There are two electric vehicle charging stations (“EVCS”) at the Project. The EVCS are located in the two guest parking spaces. Each Owner or resident who charges a vehicle must pay for the cost of electricity to charge his or her vehicle. A vehicle may be parked in a guest/EVCS parking space only for the time required to charge the vehicle. After that time the vehicle immediately must be moved out of the guest/EVCS space. Each Owner or resident who uses a guest/EVCS parking space is subject to any standards set forth in the Bylaws or in operating rules.

6.6 DECLARANT EXEMPT. Declarant is exempt from the approval requirements of this Article for a period of three years from the date of issuance of the most recent final subdivision public report for the Project.

ARTICLE 7
Use Restrictions
The Project and the Condominiums are subject to the following restrictions on use. The Board may promulgate operating rules interpreting the use restrictions set forth in this Article and imposing additional use restrictions that, in its judgement, are appropriate to providing for the peace, health, comfort, safety and general welfare of the Owners.

7.1 CONDOMINIUM USE. All Condominiums must be used for residential purposes. No trade or business may be conducted in any Condominium except for administrative and professional practices allowed by local ordinance.

7.2 SALES ACTIVITIES. Declarant may use any Units in the Project owned by Declarant to conduct sales activities and as sales models until all Units have been sold. Declarant may maintain displays and conduct activities within the Common Area related to sales of Condominiums so long as the displays and activities do not materially or unreasonablyinterfere with the use of the Common Area by the Owners.

7.3 USE OF PARKING SPACES. Use of parking spaces is subject to the following.

A. All parking spaces other than parking space P-13 may be used for parking of non-commercial passenger motor vehicles -- such as automobiles, moderate sized station 18 wagons, pickup trucks and SUVs, motorcycles and light vans -- that fit entirely within the boundaries of the Owner's designated parking space and allow space to enter and exit the vehicle and for no other purpose. Each Owner is responsible for determining if his or her motor vehicle fits within the Owner's assigned parking space. The Association has no liability to an Owner whose vehicle does not fit within the space.

B. No person may park a motor vehicle anywhere on the Project other than his or her designated parking space, or in one of the two guest/ EVCS parking spaces solely during the time it takes to charge a vehicle, as set forth in section 6.5. An Owner may not lease a parking space to any person who is not an Owner or a resident at the Project.

C. Repair or washing of a motor vehicle is not permitted anywhere on the Project. Each Owner must keep his or her designated parking space neat and clean and immediately remove any oil, grease or other waste emitted from his or her vehicle. Vehicles that emit excessive levels of exhaust pollution, oil, grease or noise, as such levels are determined by the Board, may not be operated at the Project. The Association may cause any vehicle that is in violation of this section to be towed and stored at the Owner's expense in compliance with Vehicle Code Section 22658. Each Owner, on his or her own behalf and on behalf of each resident in the Owner's Unit and each invitee of Owner, agrees to indemnify, defend and hold the Association, its Board members, officers, manager and employees harmless for any damage to person or property that may result from the towing.

D. Parking space P-13 (the "disabled parking space") is a parking space designated for use by a disabled person. If the Owner of a Unit to which the parking space P-13 is appurtenant (“the affected Owner”) is not disabled, then, at the written request of a disabled Owner and provided the disabled Owner can demonstrate, to the reasonable satisfaction of the Board, that he or she is legally entitled to use the disabled parking space, the Board temporarilymust reassign the disabled parking space to the Owner who becomes disabled or to a new Owner who is disabled (“the disabled Owner”). The affected Owner will be reassigned the parking space the disabled Owner has the right to use. The right of the disabled Owner to use the disabled parking space terminates when the disabled Owner ceases to be disabled or when the disabled Owner ceases to occupy a Condominium at the Project. In either of these events, the affected Owner may reoccupy the disabled parking space. Evidence of disabled status must be by license plate or placard issued by the California Department of Motor Vehicles and other pertinent evidence.

The Board may adopt rules with respect to the disabled parking space, including such matters as the right of a disabled Owner to displace a non-disabled Owner from the disabled parking space, exchange of parking spaces, the right of the affected Owner to a hearing regarding any fees the disabled Owner should pay the affected Owner, review of the evidence of disability, and any other relevant issues. The right to exchange a non-disabled parking space for the disabled parking space is available to anydisabled Owner on a first-come, first-served basis. A van customized for a disabled driver may be parked in the disabled parking space. 19 7.4 NUISANCE. No person may interfere with the quiet enjoyment of any other resident of the Project, or carry on any activity in any part of the Project that is noxious, illegal, seriously annoying or offensive to a person of reasonable sensibility, that is detrimental to the health, safety or welfare of the residents, or that interferes with their peaceful possession or proper use of their Units. No activitymay be carried on that increases the rate of insurance for the Project, or causes any insurance policy to be canceled or not renewed, or that will impair the structural integrity of any building. No use is allowed which creates conditions that are hazardous, noxious or offensive through the emission of odor, fumes, smoke, cinders, dust, gas, vibration, glare, refuse, water-carried waste or excessive noise.

7.5 SIGNS. The following signs may be posted within the Common Area: (1) project identification signs and other signs approved by the Board, (2) signs maintained by Declarant in connection with Declarant's sales activities, and (3) "For Sale" or "For Rent" signs provided they do not exceed five square feet in size. "For Sale" or "For Rent" signs may be posted only on those parts of the Common Area easily viewed by the general public and designated by the Board. All other signs are prohibited in the Common Area.

An Owner may post non-commercial signs, posters, flags and banners made of paper, cardboard, cloth, plastic, or fabric, within his or her Unit. Signs and posters may not exceed 9 square feet in size and banners and flags may not exceed 15 square feet in size. An Owner may display a flag of the United States of any size made of fabric, cloth or paper on or in the Owner's Unit or Exclusive Use Common Area appurtenant to the Unit. All other signs, posters, flags and banners are prohibited.

7.6 ANIMALS. Animals may not be kept in any Unit or Common Area except for domestic dogs or cats (not to exceed a total of two per Unit), domestic rodents in cages (for example, hamsters and mice), and a reasonable number of fish and turtles in aquariums and birds inside bird cages. Pure or mixed breed dogs from the following breeds may not be kept at the Project: Pit Bull, Presa Canaria, Rottweiler, Doberman Pinscher, Mastiff, and any other fighting breed. Permitted animals may not be kept, bred, or raised for commercial purposes.

Any dog in the Common Area (other than an Exclusive Use Common Area deck, roof deck or yard area appurtenant to its Owner's Unit) must be leashed. After making a reasonable attempt to notify the dog's owner, the Board or an Owner may cause an unleashed animal found within the Common Area to be removed to a pound or animal shelter by calling the appropriate authorities. The dog's owner may, upon payment of all expenses, repossess the animal. Residents must clean up after their pets immediately.

Owners must comply with all operating rules for the keeping and control of pets in the Units and Common Area. The Board may prohibit the keeping of any animal that it determines, after notice to the Owner of the Unit in which the pet is kept and the opportunity to be heard according to the procedures set forth in the Bylaws, is a nuisance or danger to any other Owner, occupant or person coming onto the Property, or interferes with the quiet enjoyment of the resident of any Condominium. Each person bringing or keeping a pet upon the Project is liable for damage to persons or property proximately caused by the pet.
20 7.7 GARBAGE DISPOSAL. All garbage, recycling and other waste must be kept in sanitary containers and regularly removed from the Project. Equipment for the storage or disposal of waste must be kept in a clean and sanitary condition and must be kept only on those portions of the Project designated by the Board.

7.8 RIGHT TO LEASE. An Owner may not rent his or her Unit for transient or hotel purposes, which are defined as rental for any period less than 30 days, or any rental if the occupants are provided customary hotel services such as room service for food and beverage, maid service, or or furnishing laundry and linen. No Owner may rent his or her Unit on AirBNB or any similar website.

Subject to these restrictions, an Owner may lease his or her Unit provided the lease is in writing, is made subject to the Governing Documents, and a copy of the lease is sent to the Board. An Owner is responsible for a tenant's compliance with the Governing Documents. An Owner who does not reside in his or her Unit must provide the Association with the Owner's contact information, including telephone number, as well as contact information for the tenant occupying the Unit, if any, including telephone number.

7.9 CLOTHES LINES. Outside laundering or drying of clothes is not permitted except in the Exclusive Use Common Area RY-101 as provided in operating rules established by the Association in accordance with the Civil Code.

7.10 STORAGE. Any obstruction of the Common Area is prohibited. Nothing may be kept or stored in the Common Area without the prior consent of the Board, except in designated storage areas.

7.11 WINDOW COVERING. All window coverings visible from the street or Common Area must be in a neutral color, unless otherwise approved by the Board.

7.12 OUTDOOR COMMON AREA. Unless otherwise approved by the Board, the use of outdoor Common Area (such as decks and the yard) is subject to the following restrictions. Nothing may be stored in those areas. Clothing, towels and other items may not be left on rails. Sharp objects and other items that may penetrate or damage any waterproof membrane may not be used or placed within those areas. Anymodification to the surface material or railings of a deck requires the approval of the Board as provided in Article 6. Charcoal barbecues may not be used in any outdoor Common Area. Gas barbecues may be used if permitted by the Association's insurance carrier. The Board may adopt operating rules regulating such items such as the type of furniture, plants and other items that may be maintained with any outdoor Common Area, the number of people who may use an area at any given time, and the hours of permitted use of the areas. The rules may vary depending on the location of the area and its visibility from other Condominiums, Common Area or the street.

7.13 SOUND TRANSMISSION.

A. Floor Covering. Each hallwayand room (other than the kitchen and bathrooms) in a Unit must have carpet and pad or other noise deadening materials approved by the Board in 80 percent of its square footage. Except for replacing existing flooring with materials of equal 21 or greater acoustical insulation value as that being removed, an Owner must obtain the prior approval of the Board, according to the procedures set forth in the Bylaws or otherwise established by the Board for review of improvements, before removing or replacing carpet and pad or other existing flooring materials
B. Audio Equipment. Speakers and other audio equipment may not be attached to anywall or ceiling, or placed on the floor, in a manner that would cause or increase sound transmission between the Units or cause vibrations to be felt in an adjacent Unit.

C. Wheeled Recreational Vehicles. Wheeled recreational vehicles such as bicycles, tricycles, scooters, wagons, roller skates and roller blades, may not be used within any Unit or interior Common Area. The Board maypromulgate operating rules limiting or prohibiting use of those items in exterior Common Areas.

7.14 HAZARDOUS MATERIALS. No flammable or hazardous materials may be stored in the Common Area or anyUnit, except those materials necessaryfor the maintenance, care and operation of the Common Area or Unit, and then only in such quantities and containers as allowed by law. To the extent storage of hazardous materials is permitted, such storage must be in accordance with building, fire, health and safety requirements as set forth by governmental authorities and insurance carriers.

7.15 SMOKING. This is a smoke-free Project. No smoking is permitted in any Unit or Common Area, including Exclusive Use Common Areas.

ARTICLE 8
Maintenance and Repair Obligations

8.1 OWNER'S MAINTENANCE AND REPAIR OBLIGATIONS.

A. Unit. Each Owner must maintain his or her Unit in good condition and repair at his or her own expense. Each Owner must perform commonly accepted homeowner's maintenance and repair responsibilities within his or her Unit. Each Owner must comply with maintenance standards and guidelines provided by the Association or by Declarant upon initial sale oftheUnit, and with manufacturers'instructions for all improvements and fixtures that are part of the Unit, such as appliances, countertops, cabinets, and wall and floor coverings. Maintenance and repair obligations also include the obligation to perform regular inspections for the portions of the Unit and the Common Area for which the Owner is responsible.

B. Exclusive Use Common Areas. Each Owner must keep all Exclusive Use Common Areas appurtenant to his or her Unit clean and neat. Each Owner must repair and replace window glass in the windows of the Owner's Unit. The Owner of Unit 101 to which the yard area is appurtenant must maintain, irrigate and landscape the area at his or her sole expense. 22 Except for plants, all improvements or additions to the yard area that will be more that 18" above grade are not considered to be landscaping and require prior approval of the Association according to Section 6.1.

C. Obligation to Inspect and Notify. Each Owner must promptly report to the Association any evidence of water intrusion and any other defective condition the Association is responsible to maintain that is evident from within the Owner's Unit or from an Exclusive Use Common Area appurtenant to the Owner's Unit. An Owner is responsible for the cost of any work required because of his or her delay in reporting the evidence of water intrusion or other defective condition. An Owner must reimburse the Association for the cost of work that is not covered by insurance, or, if repair of the condition is covered by insurance, that portion of the cost that is not paid by the Association's insurance carrier, including the insurance deductible. The Association may levy a reimbursement assessment against the Owner if the Owner fails to reimburse the Association for any amount owed by the Owner to the Association under this section.

D. Failure to Maintain and Repair. If an Owner fails to maintain his or her Unit or the Exclusive Use Common Areas appurtenant to his or her Unit as required by the Governing Documents, the Association may, after notice and the opportunity to be heard according to the procedures set forth in the Bylaws or otherwise adopted by the Board, enter the Unit and perform the necessarywork. The Owner must reimburse the Association for the cost of work that is not covered by insurance, or, if repair of the condition is covered by insurance, that portion of the cost that is not paid by the Association's insurance carrier, including the insurance deductible. The Association may levy a reimbursement assessment against the Owner if the Owner fails to reimburse the Association for any amount owed by the Owner to the Association under this section.

E. Maintenance Recommendations. Each Owner is subject to all maintenance recommendations provided by Declarant, including all guides and other documents and maintenance schedules as theypertain to the Owner's Unit and those portions of the Common Area, if any, that an Owner is required to maintain and repair. Civil Code Sections 907 and 945.5 provide that Owners and the Association have an affirmative duty to maintain the Project pursuant to written maintenance recommendations.

8.2 ASSOCIATION'S MAINTENANCE AND REPAIR OBLIGATIONS. The Association must maintain all portions of the Project that are not maintained by the Owners.

A. In General. The Association must maintain in good condition, repair and replace the Common Area, including all Exclusive Use Common Areas except for those to be maintained by Owners under Section 8.1B. Specific portions of Common Area that must be maintained by the Association include the driveway, all landscaping and irrigation systems (except for those contained in the Exclusive Use Common Area yard and the planters on the Exclusive Use Common Area roof decks), the fences, storm water and sanitary sewer facilities, the roof (including the roof underneath decks and planters), exterior painting and 23 all exterior building improvements and all lighting in the Common Area. Association maintenance and repair obligations include the obligation to perform regular inspections of those portions of the Project for which the Association is responsible. The Association shall be responsible for center lane modifications that may be required in the future to coordinate with Caltrans street improvements proposed along the portion of Lincoln Avenue near the Project.

B. Wood-Destroying Pests. The Association is responsible for the repair and maintenance of Common Area occasioned by the presence of wood-destroying pests and organisms in accordance with the procedure set forth in Civil Code Section 4785.

C. Water Intrusion and Defective Conditions. The Association has the authority to inspect the Common Area and the Units for evidence of water intrusion or other defective conditions that the Association is required to repair. The Association must repair any water damage or other defective condition found during an inspection.

D. Utility Installations. The Association must maintain all utility installations except those maintained by utility companies. If a utility installation exclusively serves one Unit but is located in the Common Area, the Association is responsible for maintenance, repair and replacement of the installation, but any portion of the cost of the work not covered by insurance must be paid by the Owner of the Unit of which that installation is a part. The Board may require that before it performs the work, the Owner pay to the Association the cost of the work, or that portion of the cost that will not be paid by the Association's insurance carrier if the condition is covered by insurance, unless delay in performing the work would be detrimental to the health, safety or welfare of the Owners or result in damage to the Common Area or any Unit. The Association may levy a reimbursement assessment against the Owner if the Owner fails to reimburse the Association for any amount owed by the Owner to the Association under this section.

E. Common Area Damages Caused by an Owner. If damage to the Common Area is caused by the willful or negligent act or omission of an Owner, or his or her guests or tenants, the Association must repair the damage and may levy a reimbursement assessment against the Owner for the cost of the work that is not covered by insurance, or that is not paid by the Association's insurance carrier if the condition is covered by insurance, including the insurance deductible.

F. Maintenance Recommendations. The Association is subject to all maintenance recommendations provided by Declarant, including all guides and other documents and maintenance schedules, as they pertain to the Common Area and those portions of the Units, if any, that the Association is required to maintain and repair. Civil Code Sections 907 and 945.5 provide that Owners and the Association have an affirmative duty to maintain the Project pursuant to written maintenance recommendations.

G. Inspection Obligations. The Association must perform regular inspections of those 24 portions of the Project for which the Association is responsible and to maintain copies of inspection reports and maintenance and repair recommendations. The Association must provide copies of inspection reports and maintenance and repair recommendations to Declarant within 15 days of Declarant’s written request.

8.3 MAINTENANCE RESPONSIBILITY LIST. The types of items to be maintained by the Association and the individual Owners are set forth on the Maintenance List attached to this Declaration as Exhibit B. The Board has the sole authority to determine whether the Association or the Owners are responsible for maintenance of any item not included on the Maintenance List taking into account whether the item is used by one Owner only, by one but not all of the Owners, or by all of the Owners. The Board may amend the Maintenance List without the approval of the Owners by recording an amended Maintenance List in the San Francisco County Records. .

ARTICLE 9
Insurance Coverage

9.1 REQUIRED COVERAGE. The Association must acquire and maintain the following insurance coverage:

A. Fire and Casualty. The Association must maintain a master policy of fire and casualty insurance.
(1) The policy must include coverage for:
a. all Common Area improvements described in Section 1.5 and landscaping located within the Common Area, but excluding land, foundations, excavations and other items typically excluded from property insurance coverage, and b. standard components of the Unit as defined in Section 1.20 that were installed when the Project was originally constructed, and any equivalent replacements to them. However, any upgrades installed by an Owner are excluded to the extent the replacement cost of the upgraded improvements exceeds the insurable replacement value of the original Unit improvements, as determined on the date that immediately precedes the date of the damage or destruction. Personal property located in a Unit is also excluded.
(2) The policy must provide coverage against losses due to fire and other casualties normally covered by a "special form"policy or its equivalent. Coverage must be in an amount equal to the full insurable replacement cost of the covered property and include an agreed amount endorsement or its equivalent and a building laws endorsement or its equivalent.
(3) The policy must be in a form and from an insurance carrier satisfactory to the 25 Board and to any first Mortgagee that inquires of the Association as to the terms of the policy. The policymust be primary and noncontributing with any other insurance policy covering the same loss. The policy must waive all subrogation rights against any Owner or occupant and his or her family members and invitees and provide that coverage may not be canceled or substantially changed without at least thirty days' prior written notice to the Association, each Owner, and his or her first Mortgagee.

B. Commercial General Liability. The Association must obtain and maintain commercial general liability insurance insuring the Association, anymanaging agent, and the Owners and occupants of the Condominiums, and their respective family members, guests, invitees, and the agents and employees of each of them, against any liability incident to the ownership or use of the Common Area or any other real or personal property owned or maintained by the Association, and including, if obtainable on commercially reasonable terms, a cross-liability or severability-of-interest clause or endorsement insuring the liability of each insured against claims by each other insured. The limits of the insurance may not be less than $2,000,000, or any greater amount required by Civil Code Section 5805, covering all claims for death, personal injury, and property damage arising from a single occurrence. This insurance must include coverage against water damage liability, liability for non-owned and hired automobiles, liability for the property of others, and any other liability or risk customarily covered with respect to developments similar in construction, location and use.

C. Director and Officer Liability Insurance. The Association must purchase and maintain insurance on behalf of any director, officer or member of a committee of the Association against any liability asserted against or incurred by any of these persons in their capacity or arising out of their status as agents of the Association, regardless of whether the Association has the power to indemnify these persons against liability under applicable law. The insurance must be in an amount of not less than $1,000,000, or any greater amount required by Civil Code Section 5800 and must include a “duty to defend” provision and a “pay on behalf of” clause.

D. Fidelity Bond. The Association must purchase and maintain a fidelity bond covering its directors, officers, and employees in an amount that is equal to or more than the combined amount of the reserves of the association and total assessments for three months. The bond coverage also must include computer fraud and funds transfer fraud. If the association uses a managing agent or management company, the fidelity bond coverage must include dishonest acts by that person or entity and its employees.

E. Worker's Compensation Insurance. Worker's compensation insurance to the extent necessary to comply with any applicable law.

9.2 INSURANCE REQUIRED BY CERTAIN LENDERS. When FNMA or FHLMC is a Mortgagee, an insurer or guarantor of a Mortgage, or an Owner of a Condominium within the Project, a policy required under this Declaration must satisfy the minimum requirements imposed for this type of Project by FNMA or FHLMC with respect to amount, term coverage, deductible, 26 named insureds, loss payees, standard mortgage clauses, notices of change and cancellation, and insurance company rating. However, to the extent that coverage is not available upon reasonable terms and at a reasonable cost, or has been modified or waived in writing by FNMA or FHLMC, it need not be obtained.

9.3 REVIEW OF POLICIES; ADDITIONAL INSURANCE. All policies of insurance must be reviewed at least annually and adjusted, if necessary, to provide coverage and protection as the Board deems prudent or as reasonably required by any first Mortgagee. The Board may obtain additional policies of insurance other than those required by this article as it deems necessary or prudent.

9.4 OWNER'S INSURANCE. Each Owner must maintain property insurance insuring against losses to the Owner's personal property located within the Unit and Exclusive Use Common Area appurtenant to the Unit, and to upgrades and fixtures installed by the Owner that are part of the Unit and are not covered by the Association's property insurance described in Section 9.1. Each Owner must maintain liability insurance insuring against any liability to persons or property arising from any act or omission occurring within the Owner's Unit. The Board may establish reasonable minimum liability insurance amounts for the Units.

All individually owned insurance must contain a waiver of subrogation, and all Owners are deemed to have waived subrogation rights as to the Association and other Owners and occupants and their familymembers and invitees whether or not their policies so provide. An Owner may not separately insure any property covered by the Association's property insurance, and is liable to the Association to the extent of anydiminution in insurance proceeds payable to the Association resulting from doing so. The Association is not liable for damages incurred by an Owner on account of injuries to person or property where the Owner fails to carry the required insurance.

9.5 INSURANCE PREMIUMS. The cost of the Association's insurance premiums must be included in the regular assessment levied by the Association.

9.6 NOTICE OF LAPSE, CANCELLATION OR NONRENEWAL OF INSURANCE POLICIES. The Association must, as soon as reasonably practical, notify the Owners by first-class mail if any of the insurance policies required to be maintained by it have lapsed or been canceled and not immediately replaced, or if there is a significant change in the terms of any insurance policy, such as a reduction in coverage or limits or an increase in the deductible. If the Association receives any notice of nonrenewal of an insurance policy, it must immediately notify the Owners if replacement coverage will not be in effect by the date the existing coverage will lapse.

9.7 SETTLEMENT OF INSURANCE CLAIMS. The Association is authorized to negotiate and agree on the value and extent of any loss under any policy carried by the Association. The Association is granted full right and authority to compromise and settle any claim or enforce any claim by legal action or otherwise, and to execute releases in favor of any insurer on behalf of the Owners and itself with respect to any policy carried by the Association. 27 ARTICLE 10
Damage or Destruction; Condemnation

10.1 DAMAGE TO A SINGLE UNIT. If a single Unit within the Project is damaged by a casualty that is covered by insurance, the insurance proceeds must be paid to the Owner of the Unit and his or her Mortgagee according to their respective interests in the Condominium. The insurance proceeds must be used to rebuild and repair the Unit. If the proceeds are insufficient to complete the work, the Owner must pay all additional sums necessary to complete the rebuilding and repair. If a single Unit within the Project is damaged by a casualty that is not covered by insurance, the entire cost of repairing and rebuilding the Unit must be paid by the Owner.

10.2 DAMAGE TO TWO OR MORE UNITS OR COMMON AREA. If the damage extends to two or more Units or any part of the Common Area, the following apply:

A. Insurance Proceeds. All insurance proceeds and proceeds from a special assessment levied to provide sufficient funds to complete the repair and rebuilding of damaged improvements must be held by the Association for the benefit of the Owners and their Mortgagees according to their respective interests in the Condominiums, and must be deposited with a third-party depository that supervises disbursement of funds, such as an insurance trustee or a commercial lending institution experienced in the disbursement of construction loan funds. However, if the Board determines that the amount of proceeds required to complete the repair and rebuilding is so small that the cost of a third-party depository is excessive in relation to that amount, the proceeds may be deposited into an Association bank account established for the sole purpose of holdingmonies for the repair and rebuilding and disbursed by the Board.

B. Bids for Reconstruction. The Board must retain a construction consultant, who is a licensed general contractor, architect, or engineer with at least five years' experience in repair and rebuilding of property damaged through fire or other casualty. In consultation with the consultant, the Board must obtain firm bids from two or more responsible contractors to rebuild the Project, and may also obtain an estimate from the insurance carrier of the work it will perform for the amount of available insurance proceeds. The Board must accept the bid or insurance estimate it considers most favorable, conditional upon the levy of a special assessment if funds in excess of available insurance proceeds plus Association reserve funds are required to complete the reconstruction. If the Board determines that the amount of proceeds required to complete the repair and rebuilding is so small that the cost of a construction consultant is excessive in relation to the cost of the work, the Board may waive the requirement.

C. Obligation to Rebuild; Special Assessment. The Board must contract to repair and rebuild the damaged portions of all Units and the Common Area if:
(1) the insurance carrier offers the full amount required to repair and restore all of the damage;
28 (2)the difference between (a) total insurance proceeds plus the amount of Association reserves and (b) the cost of the repairs or rebuilding does not require a special assessment approved by a Vote of a Quorum of Members under Section 4.4; or, (3)the difference between (a) total insurance proceeds plus the amount of Association reserves and (b) the cost of the repairs or rebuilding requires a special assessment approved by a Vote of a Quorum of Members under Section 4.4 and the Board has obtained the vote. Failure of the Owners to approve the special assessment will be deemed an election not to repair and rebuild.

D. Election Not to Rebuild. Upon an election not to rebuild, the Association, as agent for the Owners, must promptly sell the entire Project, in its then condition, on terms satisfactory to the Board. For the purpose of effecting a sale under this section, each Owner grants to the Association an irrevocable power of attorney to sell the entire Project for the benefit of the Owners, to terminate the Declaration and to dissolve the Association. The net proceeds and all funds held by the third party depository described in subsection A. must be distributed to the Owners and their respective Mortgagees proportionately, according to the respective fair market values of the Units at the time of the destruction as determined by a qualified independent appraiser, with an M.A.I. certificate or the equivalent, selected by the Board.

The Association must pay the cost of the appraisal. If the Association fails to sell the Project promptly and subject to the requirements of Civil Code Section 4610, any Owner may bring an action for judicial partition of the tenancy in common ownership of the Project.

Upon distribution of proceeds from the sale of the Project, this Declaration terminates.

E. Standards for Rebuilding and Repair. The Project must be rebuilt to substantially the same or better condition than existed immediately prior to the damage, modified to comply with building codes and construction standards in effect at the time of the rebuilding.

F. Emergency Repairs. Without waiting to obtain insurance settlements or bids, the Board may undertake emergency repair work as it deems necessary.

G. Notice of Damage or Destruction. Within 60 days after damage or destruction occurs, the Board must, and if it does not, any Owner, Mortgagee, the insurer or the third party depository described in subsection A. may record in the County Recorder's Office a sworn declaration setting forth a description of the damage or destruction, the name of the insurer against whom the claim is made, the name of the third party depository and a statement that the sworn declaration is recorded pursuant to this section of the Declaration.

10.3 CONDEMNATION. The Association is the representative of the Owners in any condemnation proceedings or in negotiations, settlements and agreements with the condemning authority for acquisition of all or part of the Common Area. In the event of a taking or acquisition of all or part of the Common Area by a condemning authority, the award or proceeds of settlement is payable to the Association, or a trustee appointed by the Association, for the use and benefit of the Owners and 29 their mortgagees as their interests may appear. In the event of a taking of any Condominium in the Project by eminent domain, the Owner is entitled to receive the award. An award for a taking that extends to two or more Condominiums or the Common Area must be apportioned among the Owners according to a court judgment or agreement between the condemning authority and each of the Owners. In the absence of such an apportionment, the award must be distributed among the Owners and their respective Mortgagees according to the relative values of the Condominiums affected as determined by independent appraisal in accordance with the procedure set forth in Section 10.2D.

ARTICLE 11
Mortgage Protection Provisions

11.1 "MORTGAGE, MORTGAGEE, MORTGAGOR" DEFINED. "Mortgage" includes a deed of trust as well as a mortgage, and means a conveyance of a security interest in real property made in good faith and for value. "Mortgagee" includes a beneficiary or a holder of a deed of trust as well as a mortgagee. "Mortgagor" includes the trustor of a deed of trust as well as a mortgagor.

11.2 MORTGAGE PERMITTED; VALIDITY OF MORTGAGE LIEN. Any Owner may encumber his or her Condominium with a Mortgage. A breach of any of the provisions of this Declaration does not invalidate the lien of a first Mortgage made in good faith and for value. This Declaration is binding upon and effective against any Owner whose title is derived through foreclosure or trustee's sale, or otherwise.

11.3 REQUIRED CONSENT OF ELIGIBLE MORTGAGE HOLDERS.

A. Eligible Mortgage Holder. As used in this Section 11.3, "eligible mortgage holder" means a first Mortgagee, or the insurer or governmental guarantor of a first Mortgage.

B. Amendments of a Material Nature. Amendments to the provisions of the Governing Documents of a material adverse nature to Mortgagees require the approval of eligible mortgage holders that represent at least 51% of the votes of Units that are subject to mortgages held by eligible mortgage holders. Some examples of amendments that are of a material adverse nature to Mortgagees are:
(1) Except as otherwise provided in this Declaration for cases of major damage, the use of hazard insurance proceeds for a purpose other than the repair, replacement, or reconstruction of the Property; to abandon the Property; or to terminate the Association;
(2) A change the method of determining the obligations, assessments, dues or other charges that may be levied against an Owner, or to change the pro rata interest or obligations of anyOwner for purposes of levying assessments or charges or allocating distributions of hazard insurance proceeds or condemnation awards, or for determining the pro rata share of ownership of each Owner in the Common Area; 30 (3) Any action to terminate the legal status of the Project after substantial destruction or condemnation occurs or for other reasons;
(4) Any action to abandon, partition, subdivide, encumber, sell or transfer the Common Area (but the granting of easements for public utilities or for other public purposes consistent with the intended use of the Common Area by the Association or the Owners shall not be deemed to be a transfer within the meaning of this clause); or (5) Failure to maintain fire and any extended coverage insurance on insurable property owned by the Association, including anyCommon Area improvements, in an amount not less than 100% insurable value based on current replacement cost.

C. Implied Consent. An eligible mortgage holder is assumed to have approved a written proposal to amend a provision of the Governing Documents if it fails to submit a response to the proposal within 60 days after it has received proper notice of the proposal, provided the notice was delivered by certified or registered mail, "return receipt" requested.

11.4 NOTICE TO MORTGAGE HOLDERS, INSURERS AND GUARANTORS. A mortgage holder, insurer or guarantor is entitled to timely written notice of the following:

A. Any condemnation loss or any casualty loss that affects a material portion of the Project or the Unit securing its mortgage;
B. Any 60 day delinquency in the payment of assessments owed by the Owner of any Unit on which it holds the mortgage;
C. Any lapse, cancellation or material modification of an insurance policymaintained by the Association; or
D. Any proposed action that requires the consent of eligible mortgage holders, as specified in Section 11.3.

11.5 RIGHTS TO INSPECT, RECEIVE STATEMENTS, ATTEND MEETINGS.

A. All Owners and lenders, and all holders, insurers or guarantors of any first Mortgage are entitled to inspect current copies of the Declaration, Bylaws, the Association rules and any other rules concerning the Project and the books, records and financial statements of the Association. Inspection may be made upon request, during normal business hours or under other reasonable circumstances.

B. If the Association has not prepared an audited financial statement, the holder, insurer or guarantor of any first Mortgage may have an audited financial statement for the immediately preceding fiscal year prepared at its own expense.
31 C. Upon written request to the Association, a first Mortgagee is entitled to receive written notice of, and may appear (but not vote) at meetings of the Owners and the Board.

11.6 LIMITATION ON RIGHT OF FIRST REFUSAL. The Governing Documents contain no provision creating a “right of first refusal,” but if any of these rights is created in the future, they must not impair the rights of any first Mortgagee to foreclose or take title to a Condominium pursuant to the remedies provided in the Mortgage, accept a deed (or assignment) in lieu of foreclosure in the event of a default by the Mortgagor, or sell or lease a Condominium acquired by the Mortgagee.

11.7 PRIORITY AS TO PROCEEDS AND AWARDS. No Owner or other party has priority over the rights of a Mortgagee pursuant to its Mortgage in the case of a distribution to Owners of insurance proceeds or condemnation awards for losses to or taking of Units or the Common Area.

11.8 SUBORDINATION. Any lien created or claimed under the provisions of this Declaration is subject and subordinate to the rights of any first Mortgagee with a first Mortgage that encumbers a Condominium, and will not defeat, invalidate or impair the obligation or priority of a first Mortgage unless the Mortgagee expressly subordinates its interest in writing.

11.9 LIEN ON INDIVIDUAL UNIT. All taxes, assessments and charges which may become liens prior to a first Mortgage under local law relate only to the individual Units and not to the Project as a whole.

11.10 MORTGAGEE RIGHT TO FURNISH INFORMATION. Any Mortgagee can furnish information to any Owner concerning the status of any Mortgage.

11.11FORMER OWNER IN POSSESSION FOLLOWINGFORECLOSURE. AformerOwner who loses title by foreclosure but remains in possession shall be bound by the Governing Documents as long as he or she remains in possession, but shall have no obligation to pay assessments accruing after the date title is transferred.

ARTICLE 12
General Provisions

12.1 ENFORCEMENT. The Association or any Owner may enforce the Governing Documents.

An Owner may not seek to enforce this Declaration until the Owner has delivered a written request to the Association for enforcement and the Association fails to respond to the request within 60 days from the date of delivery of the request. It the Association declines the enforcement request in response to the Owner's notice, the response must include the reasons that the request is denied.

The parties to a dispute between the Association and an Owner arising under this Declaration must use good faith efforts to resolve the dispute through alternative dispute resolution according to the procedures set forth in the Bylaws or operating rules adopted by the Board. The Association may not file a civil action regarding a dispute in which a Member has requested internal dispute resolution 32 under Section 9.2 of the Bylaws unless the Association has engaged in good faith with those procedures. In addition, neither the Association nor an Owner may file an action in the superior court for enforcement of the Governing Documents that includes a request for declaratory, injunctive, or writ relief, or for that relief in conjunction with a claim for monetary damages not in excess of the jurisdictional amount of the small claims court unless the parties have endeavored to submit their dispute to alternative dispute resolution as required by Sections 5925 through 5960 of the Civil Code and according to the procedures set forth in the Bylaws or operating rules adopted by the Board. The foregoing does not apply to a small claims action for an assessment dispute.

This section applies to a dispute between the Association or an Owner and Declarant acting in its capacity as an Owner of a Unit only. Any dispute between the Association or an Owner and Declarant arising out of defects in design or construction of the Project must be resolved in accordance with Article 13.

12.2 TERM. The initial term of this Declaration is 50 years from the date it is recorded, unless it is terminated earlier because of damage and destruction or condemnation as provided in Sections 10.2 and 10.3 or by partition as permitted by Civil Code Section 4610. After that 50 year period, this Declaration will extend automatically for successive periods of 10 years, unless by a vote of 67% of all Owners, the Owners vote to terminate it, and an instrument in writing to that effect is recorded within the year preceding the beginning of the next period of 10 years.

12.3 AMENDMENTS. Prior to close of escrow on the sale of the first Condominium, this Declaration may be amended by Declarant. Thereafter, this Declaration may be amended by an instrument in writing signed and acknowledged by the president or the secretary of the Association certifying under penalty of perjury that the amendment was adopted with the consent of Owners as provided in this section.

A. The Declaration may be amended only by a vote of more than 50% of all of the Owners entitled to vote and the vote of more than 50% of all of the Owners entitled to vote other than Declarant. Where a greater percentage than a majority is required to amend any provision of this Declaration, amendment of that provision requires the approval of the prescribed percentage of all of the Owners entitled to vote, and the prescribed percentage of all of the Owners entitled to vote other than Declarant. This Declaration may also be amended in accordance with the provisions of Civil Code Section 4275.

B. Any provision of this Declaration that confers rights and benefits on Declarant specifically may not be amended or rescinded without the prior written consent of Declarant, except as permitted by Civil Code Section 4230.

C. An amendment must be recorded and becomes effective only upon being recorded in the County Recorder's Office. An amendment does not adversely affect the rights of the holder of any Mortgage of record recorded prior to the amendment. 33 12.4 OWNER'S COMPLIANCE. Each Owner must comply with the provisions of this Declaration, the Articles, the Bylaws, the operating rules, and the decisions and resolutions of the Board. All agreements and determinations lawfullymade by the Board in accordance with the voting percentages established in this Declaration or the Bylaws are binding on Declarant, all Owners, their successors and assigns.

12.5 POWER OF ATTORNEY. Any power of attorney exercisable by the Board on behalf of the Owners under this Declaration may be exercised only after the recording with the County Recorder of a certificate, executed by a majority of the Board, that the power of attorney is being exercised under the authority of this Declaration. The certificate is conclusive evidence of proper exercise in favor of any person relying on it in good faith.

12.6 NOTICES. Any notice permitted or required by the Governing Documents must be in writing and given in compliance with the requirements of the Act.

A. Any notice required to be given to an Owner by the Association must be given by individual delivery by either of the following means:
(1) first-class mail, postage prepaid, registered or certified mail, express mail, or overnight delivery by an express service carrier. The document must be addressed to the recipient at the address last shown on the books of the Association; or (2) e-mail, facsimile, or other electronic means, if the recipient has consented, in writing, to that method of delivery. The consent may be revoked, in writing, by the recipient.

If a document is delivered by mail, delivery is deemed to be complete on deposit into the United States mail. If a document is delivered by electronic means, delivery is complete at the time of transmission.

B. At least annually, each Owner must provide the Association with the following information:
(1) The address or addresses to which notices from the Association are to be delivered;
(2) An alternate or secondary address to which notices from the Association are to be delivered;
(3) The name and address of a legal representative who can be contacted in the event of the Owner's extended absence; and
(4) Whether the Unit is occupied by the Owner, rented , or vacant. 34 If the Owner fails to provide above information, the address of the Unit is the address to which notices are to be delivered.

12.7 INDEMNIFICATION. Each Owner is liable to the Association for damage to the Common Area caused by the willful misconduct or negligence of the Owner, members of the Owners' family, and a contract purchaser, tenant, guest or invitee of the Owner, to the extent that the damage is not covered by insurance. Each Owner must indemnify and defend each other Owner and the Association against any claim of personal injury or property damage that occurred in the Owner's Unit (including damage from water leaking from the responsible Owner's Unit) and was caused by the willful or negligent act or omission of the Owner, his or her familymembers, contract purchasers, tenants, guests and invitees to the extent the injury or damage is not covered by insurance.

12.8 STANDING OF ASSOCIATION. The Association has standing to institute, defend, settle, or intervene in litigation, arbitration, mediation, or administrative proceedings in its own name as the real party in interest and without joining with it the individual Owners in matters pertaining to the following: (a) enforcement of the Governing Documents; (b) damage to the Common Area; (c) damage to a Unit that the Association is obligated to maintain or repair, and (d) damage to a Unit that arises out of, or is integrally related to, damage to the Common Area or a Unit that the Association is obligated to maintain or repair.

12.9 NOTICE OF NEW OWNERSHIP. No later than five days after close of escrow on the purchase of a Condominium, the new Owner must give written notice to the Association of the new Owner's mailing address, telephone number and email address. Any notice required under the Governing Documents delivered to the selling Owner constitutes valid notice to an Owner from the Association until the Association receives notice of new ownership from the new Owner.

12.10 CORRECTIONS. Notwithstanding anything in this Declaration to the contrary, Declarant reserves the right as the attorney-in-fact for each Owner to record an amendment or appropriate instrument of correction to correct any errors in this Declaration or any exhibits to it, including the Condominium Plan, and the consent of neither the Association nor any Owner is required, provided that if the correction affects the size, location or access or use rights to any Unit or any Exclusive Use Common Area appurtenant to a Unit, the consent of the affected Owner is required.

12.11 FAIR HOUSING. No Owner may, either directly or indirectly, forbid or restrict the conveyance, encumbrance, leasing, or occupancy of his or her Unit to any person of a specified race, color, religion, ancestry, national origin, sex, marital status, sexual orientation or physical disability.

12.12 SINGULAR AND PLURAL. The singular and plural number and masculine, feminine and neuter gender each include the other where the context requires.

12.13 STATUTORY REFERENCES. References to particular statutes of the State of California include any amendment of the statute. If a particular statute is repealed, reference to the statute will include any other statute that thereafter governs the same subject. 35 12.14 SEVERABILITY OF PROVISIONS. The provisions of this Declaration are independent and severable, and the invalidity or unenforceability of one does not affect the validity or enforceability of the others.

12.15 CONSTRUCTION OF PROVISIONS. The provisions of this Declaration must be construed liberally and in conjunction with the Bylaws and operating rules established by the Board to effect its purpose of creating a uniform plan for the development and operation of a condominium project pursuant to the provisions of Section 4000 et seq. of the California Civil Code.

12.16 CONFLICTS IN DOCUMENTS. Conflicts between laws and documents that apply to the Project will be resolved as follows.

A. To the extent of any conflict between the Governing Documents and the law, the law controls. In the event of a conflict between the Act and the provisions of the Nonprofit Mutual Benefit Corporation Law (Part 3 (commencing with Section 7110) of Division 2 of Title 1 of the Corporations Code) relating to elections, the provisions of the Act prevail.

B. To the extent of any conflict between the Articles of Incorporation and the Declaration, the Declaration controls. To the extent of any conflict between the Bylaws and the Articles of Incorporation or Declaration, the Articles of Incorporation or Declaration control. To the extent of any conflict between the operating rules and the Bylaws, Articles of Incorporation, or Declaration, the Bylaws, Articles of Incorporation, or Declaration control.

C. If there are any conflicts in the definitions contained in the Declaration and any notes on the Map or the Condominium Plan, the definitions contained in the Declaration control.

12.17 NO WAIVER. The failure of the Association or an Owner to enforce any rights under the Governing Documents does not constitute a waiver of the right during the term of this Declaration or the waiver of any other right.

ARTICLE 13

DISPUTES REGARDING DEFECTS IN DESIGN OR CONSTRUCTION OR ARISING

OUT OF SALE, INCLUDING MANDATORY BINDING ARBITRATION

13.1 NOTICE OF STANDARDS AND PROCEDURES. The Association and the Owners are advised of the existence of standards and procedures codified at Title 7 of Part 2 of Division 2 of the Civil Code (Civil Code sections 895 through 945.5). These standards and procedures impact the legal rights of the Association and the Owners with respect to design and construction defect disputes and related claims arising out of, or related to deficiencies in construction, design, and other aspects of residential construction, including, in Civil Code Sections 896 and 897, functionality standards that describe how the improvements and landscaping within the Project should function during certain applicable time periods (the “Functionality Standards”). 36 13.2 APPLICABILITY. Any claim, dispute or other controversy between (i) the Association and/or any Owner(s) and (ii) the Declarant or any general contractor or affiliated contractor who is a “builder” within the meaning of Civil Code Section 911, or any director, officer, member, shareholder, partner, employee or agent of anyof them (individuallyand collectivelythe “Declarant” for purposes of this Article) and/or any non-affiliated general contractor, non-affiliated contractor, subcontractor, material supplier, individual product manufacturer, design professional or any other Person that provided materials or services to the Project on behalf of Declarant ("other Responding Party"), relating to this Declaration, the use, condition, design, specifications, surveying, grading, construction, installation and/or operation of the Project including anyclaims made underCivilCode Sections 896 and 897 (individually and collectively the “Claim”), must be resolved in accordance with this section.

13.3 NOTICE OF SIGNIFICANT LEGAL PROCEEDINGS. Not later than 30 days prior to the filing of any civil action against the Declarant or other Responding Party for alleged damage to the Common Area or portions of the Units that the Association is obligated to maintain or repair, or alleged damage to the Units that arises out of, or is integrally related to, damage to the Common Area or portions of the Units the Association is obligated to maintain or repair, the Board must provide written notice to each Member of the Association. The notice must (1) state the date and location of the meeting, (2) that the meeting will take place to discuss problems that may lead to the filing of a civil action and the potential impacts of filing a civil action, including any financial impacts, and (3) describe the options, including civil actions, that are available to address the problems. If the Board in good faith determines that there is insufficient time to provide 30 days' notice to the Members, the Board may take the necessary steps to commence the proceeding to preserve the rights of the Association, provided that as soon as is reasonably practical thereafter, and not later than 30 days following the commencement of the proceeding, the Board must provide the Members with the required notice.

13.4 INITIATION OF CIVIL CODE SECTIONS 896 AND 897 CLAIMS. This section becomes effective automatically on the date that the first director is elected to the Board without the vote of Declarant.

A. Meeting. Any director who was not appointed by Declarant or elected by votes cast by Declarant ("Non-Declarant Director") may at any time request a meeting for the purpose of discussing, inspecting, investigating and/or initiating any claims under Civil Code Sections 896 or 897. Notice of the meeting must be sent in the same manner as notice for special meetings of the Board. Any director appointed by Declarant or elected by votes cast by Declarant is entitled to attend the meeting but may not participate or vote. The meeting must be open to all Members unless the Non-Declarant Directors adjourn to an executive session as authorized by the Bylaws. If funds are requested by the Non-Declarant Directors to inspect, investigate and/or initiate the claim on behalf of the Association, the Board may levy a special assessment for this purpose in accordance with Section 4.4.

B. Authority of Non-Declarant Directors Only. The Non-Declarant Directors have the sole and exclusive authority to initiate claims on behalf of the Association in connection with 37 the portions of the Project maintained by the Association for violations of the Functionality Standards. It is Declarant's intent to relinquish control over the Association's ability to decide whether to initiate a claim for violation of the Functionality Standards from and after the date ofsubstantial completion of the Project. Therefore, a director appointed byDeclarant or elected by votes cast by Declarant has no power or authority to participate in or vote on any action taken by the Association to initiate a claim for violation of the functionality standards.

13.5 BOARD MEMBER ATTENDANCE. In order to facilitate the resolution of anyClaim in the best interests of the Association, at least one member of the Board with the authority to settle the Claim must be in attendance at all times to participate in any meeting, conference, proceeding, hearing or other similar situation in which settlement discussions may occur concerning the Claim.

13.6 ELECTION TO USE ALTERNATIVE NONADVERSARIAL PROCEDURES. Civil Code Sections 910 through 938 contain prelitigation procedures for resolution of a claim for violation of the Functionality Standards. As authorized by Civil Code Section 914, Declarant may elect to use those prelitigation procedures or use alternative procedures. Declarant elects to use the alternative nonadversarial prelitigation procedures. Declarant’s election is made on behalf of Declarant and other Responding Parties.

13.7 MANDATORY BINDING ARBITRATION. If the parties are unable to settle a claim among themselves the matter must be resolved through binding arbitration. The Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions of this Article. The decision of the arbitrator shall be final and binding, except to the extent it may be vacated, modified or corrected as permitted by the Federal Arbitration Act. The arbitration proceedings must be conducted by and in accordance with the Streamlined or Comprehensive Rules and Regulations of the American Arbitration Association (AAA), or any successor to it, subject to the following:

A. Any fee to initiate the arbitration must be paid by Declarant, but the arbitration costs and fees, including any initiation fee, ultimately must be borne as determined by the arbitrator.

B. The venue of the arbitration proceedings must be in the County, unless the parties agree to a different location.

C. The arbitrator must be appointed within 60 days of the receipt of a written request to arbitrate the Claim by AAA. In selecting the arbitrator, the provisions of Section 1297.121 of the Code of Civil Procedure must apply. The arbitrator must be a retired judge or an attorney with at least ten years' real estate and construction law experience. An arbitrator may be challenged for any of the grounds listed in that Sections 1297.121 or1297.124 of the Code of Civil Procedure.

D. The arbitrator is authorized to provide all recognized remedies available in law or equity in resolution of any Claim between the parties.
38 E. The arbitrator must follow California substantive law (but may receive hearsay evidence).

The arbitrator is authorized to provide all recognized remedies available at law or in equity for any cause of action.

F. The arbitrator must issue a written decision within thirty (30) days after the hearing is closed. If any of the parties so requests, the arbitrator must also issue a reasoned award.

G. Each party must bear its own attorneys' fees and costs, including expert witness costs.

H. A petition to confirm an award may be filed in any court of competent jurisdiction in the County.

13.8 WAIVER OF JURY TRIAL AND RIGHT TO APPEAL. DECLARANT, AND BY

ACCEPTING A DEED FOR ANY PORTION OF PROPERTY, THE ASSOCIATION AND EACH OWNER, AGREE (a) TO HAVE ANY CONSTRUCTION DISPUTE DECIDED BY

NEUTRAL ARBITRATION IN ACCORDANCE WITH THE FEDERAL ARBITRATION

ACT AND THE CALIFORNIA ARBITRATION ACT, TO THE EXTENT THE

CALIFORNIA ARBITRATION ACT IS CONSISTENT WITH THE FEDERAL ARBITRATION ACT; (b) TO GIVE UP ANY RIGHTS THEY MIGHT POSSESS TO HAVE THE CONSTRUCTION DISPUTE LITIGATED IN A COURT OR JURY TRIAL; (c) TO GIVE UP THEIR RESPECTIVE RIGHTS TO APPEAL. IF ANY PARTY REFUSES TO

SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, SUCH PARTY

MAY BE COMPELLED TO ARBITRATE UNDER THE FEDERAL ARBITRATION ACT

AND THE CALIFORNIA ARBITRATION ACT, TO THE EXTENT THE CALIFORNIA ARBITRATION ACT IS CONSISTENT WITH THE FEDERAL ARBITRATION ACT.

13.9 NO AMENDMENT WITHOUT DECLARANT’S CONSENT. This Article 13 may be amended only with the written consent of Declarant.

13.10 CONFLICTS. In the event of a conflict between this Article and any other alternative dispute resolution procedures provided for by the GoverningDocuments or adopted bythe Board, this section prevails.
39 Execution of Declaration and Consent to Condominium Plan In executing this Declaration, the undersigned, who constitute all of the record owners of fee title to the property included in the condominium project subject to this Declaration, give their consent as required byCivil Code section 4290 to the recording of the Condominium Plan attached as an exhibit to this Declaration.

Declarant has executed this Declaration on ___________________________, 20__. ___________________________
Vincent O'Flynn
___________________________
Joseph O'Flynn

CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT

STATE OF )

COUNTY OF )
On ____________________, 20_____ before me, __________________________, a 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.

Signature
______________________________________
This area for official notarial seal.

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

EXHIBIT A - ATTACH CONDO PLAN

EXHIBIT B
Maintenance Responsibilities
This Exhibit describes the respective maintenance responsibilities of the Owners and the Association. It may include some improvements not found at the Project, and may omit some improvements found at the Project. It is the sole responsibility of the Board to determine whether maintenance of an improvement not mentioned below is the responsibility of the Owner or the Association.

If there is a conflict between this Exhibit and the Declaration, the provisions of the Declaration control.

Owner maintenance responsibilities include:

Appliances
Cabinets and other fixtures
Drains in the Exclusive Use Common Area decks, roof decks and yard -- the Owner should maintain and clean all drains before the beginning of each rainy season.

Drywall and sheet rock
Exclusive Use Common Areas specified in Section 8.1B
Exterior Doors - see below
Exterior light fixtures at entry, deck and yard, and other fixtures and bulbs where fixture is connected to Unit's electrical system
Heating system
Hot water heater
Interior Doors and hardware
Interior Light fixtures
Outlets and plugs for electrical and telecommunications wiring Keys and garage door genies required for entry into the Project or the Owner's Unit Partition walls within a Unit
Plumbing fixtures (sinks, toilets, etc.)
Smoke detectors - battery operated
Wall, floor and ceiling surfaces (e.g. paint, wallpaper, carpet and other flooring materials) Window coverings
Windows - see below
Owners are reminded that they are obligated to notify the Association of any evidence of leaks or other defective condition that it is the responsibility of the Association to repair.

Association maintenance responsibilities include:

Drains in the Common Area roof deck - the Association should maintain and clean all drains in the deck before the beginning of each rainy season.

Electrical fixtures and outlets serving the Common Area (except those maintained by an Owner) Elevator
Exclusive Use Common Areas specified in Section 8.2A
Fences
Floor, wall and ceiling surfaces in common areas - clean, paint, repair, replace Irrigation System (other than in yard RY-101)
Landscaping (other than in yard RY-101)
Life Safety Systems - fire sprinkler system, including sprinkler heads within a Unit, hard-wired smoke alarms, fire alarm
Mailboxes
Retaining walls
Structural elements
Water proofing - roof, exterior paint, siding, waterproof membrane beneath decks Exterior Doors and Windows: Responsibility for maintenance of exterior doors is assigned as follows. Exterior doors include front doors, and doors to decks and the yard, screen doors, and the garage door.

Exterior Doors. The Association is responsible for maintenance, repair and replacement of the door frame, door casing and door, and repair, refinishing and painting of door exterior. The Owner is responsible for repair and replacement of those portions of the door accessible from inside the Unit, including, repairing and painting the interior of the door, hardware, seals, weather stripping, and any other portion of the door assembly accessible from inside the Unit. The Association is responsible for maintenance, repair and replacement of the interior and exterior of the garage door.

Windows. The Association is responsible for maintenance, repair and replacement of the window frame, exterior trim, and repair, refinishing and painting of the exterior window frame. The Owner is responsible for repair and replacement of those portions of the window accessible from inside the Unit, including, repairing and painting the interior of the window frame and interior window trim, hardware, seals, weather stripping, window glass and any other portion of the window assembly accessible from inside the Unit.

Window Washing. Each Owner is responsible for washing the interiors of windows and those exterior windows that are accessible from a deck or yard or the interior of the Unit. The Association is responsible to wash exterior windows not accessible as just described.

Secretary of State ARTS-CID
Articles of Incorporation of a
Common Interest Development Association
IMPORTANT - Read Instructions before completing this form.

Filing Fee - $30.00
Copy Fees - First page $1.00; each attachment p2ge $0.50; Certification Fee - $5.00
Note: A separate California Franchise Tax Board application is required to obtain tax exempt status. For more information , go to https:i,'www.ftb.ca.gov. This Space For Office Use Only

1. Corporate Name (Go to www.sos.ca.gov/businessibelname-avai/ability for general corporate name requirements and restrictions.) The name of the corporation is West End Villa\Je Homeowners' Association

2. Business Addresses (Enter the complete business addresses. Item 2a cannot be a P.O.Box or "in care of' an individual or entity.) a. Initial Street Address of Corporation - Do not enter a P.O. Box City (no abbreviations) State Zip Code 1628 Fifth Avenue San Rafael CA 94901
b. Initial Mailing Address of Corporation, if different than item 2,3 City (no abbreviations) State Zip Code c. Business or Corporate Office of Common Interest Development, if any City (no abbreviations) State Zip Code d. Front street and nearest cross street for the physical location of the common interest development, if Item 2c is not physically on site Fifth Avenue and G Street

3. Service of Process (Must provide either Individual OR Corporation.) INDIVIDUAL - Complete Items 3a and 3b only. Must in:lude agent's full name and California street address. a. California Agent's First Name (if agent is not a corporation) Middle Name I Last Name I Suffix Joseph O'Flynn b. Street Address (if agent is not a corporation) - Do not enter a P.O. Box City (no abbreviations) I
State
90 Magellan Avenue San Francisco CA 194t1t
CORPORATION - Complete Item 3c. Only include the name of the registered agent Corporation. c. California Registered Corporate Agent's Name (if agent is a cc,rporation) - Do not complete Item 3a or 3b

4. Managing Agent, if any
a. First Name of Managing Agent Middle Name I Last Name I Suffix Joseph O'Flynn
b. Address of Managing Agent City (no abbreviations)
I
State I Zip Code
90 Magellan Avenue San Francisco CA 94116

5. Purpose Statement (Check the applicable box. Only one box may be checked.) ------------------------------~ This corporation is a nonprofit Mutual Benefit Corporation organized under the Nonprofit Mutual Benefit Corporation Law. The purpose of this corporation is to engage in any lawful act or activity, other than credit union business, for which a corporation may be organized under such law. This corporation is an association formed to manage a common interest development under the:
0 DAVIS-STIRLING COMMON INTEREST DEVELOPMENT ACT (CALIFORNIA CIVIL CODE SECTION 4000 ET SEQ.). 0 COMMERCIAL AND INDUSTRIAL COMMON INTEREST DEVELOPMENT ACT (CALI FORNIA CIVIL CODE SECTION 6500 ET SEQ.).

6. Additional Statements (The following statement:, are for tax-exempt status in California. See Instructions and Filing Tips.) a. The specific purpose of this corporation is to ____ manage a common interest development. b. Notwithstanding any of the above statements of purposes and powers, this corporation shall not, except to an insubstantial degree, engage in any activities or exercise any powers that are not in furtherance of the specific purposes of this corporation.

7. Read and Sign Below (This form must be signEd by each incorporator. See Instructions. Do not include a title.) zgz~~
ARTS-CID (REV 06/2019)
Margaret J. Berlese
Type or Print Name
2019 California Secretary of State
biz/le.sos.ca.gov

RECORDING REQUESTED, AND
WHEN RECORDED RETURN TO:

Storm water Coordinator/ Administrator
Public Works Department
City of San Rafael
111 Morphew Street
San Rafael, CA 9490 I
COPY of Document Recorded
2:-4-0PM 28-,lul-2022 :i:022-0027973
Has not been cornpared with
original

MARIN COUNW RECORDER
/<._ et!A;J ~1/kivl' fie_ /if k ~ 1-.JB .J SPACE ABOVE THIS LINE FOR RECORDERS USE

STORMWATER MANAGEMENT FACILITIES AGREEMENT

CITY OF SAN RAFAEL

STORMW ATER MANAGEMENT FACILITIES OPERA TIO NS AND

MAINTENANCE AGREEMENT
PROJECT: West End Village
OWNER'S NAME: Joseph O' Flynn and Vincent 0' Flynn
ASSESSOR'S PARCEL NUMBER: 011-193-10
- l -

STORMW ATER MANAGEMENT FACILITIES

OPERATION AND MAINTENANCE AGREEMENT

THIS STORMW ATER MANAGEMENT FACILITIES OPERATION AND MAINTENANCE AGREEMENT ("Agreement") is made and entered into this c9.':L day oftrW,/ . 20~by and between Joseph 0' Flynn and Vincent 0' Fl nn (hereinafter referred to a~rty Owner") and the City of San Rafael ("CITY").

RECITALS:

This Agreement is made and entered into with reference to the following facts:

WHEREAS, stormwater management facilities (hereinafter referred to as "Facilities") have been installed in and must be maintained for the development called West End Village, located at 1628 Fifth Avenue, San Rafael CA 94901, Marin County, State of California and more particularly described on Exhibit "A" attached hereto and incorporated herein by reference (the "Property"); and WHEREAS, the Property Owner is the owner of the Property; and WHEREAS, the Property Owner remains fully responsible for assuring that the Facilities were designed, constructed and installed in full compliance with all applicable laws, regulations and ordinances, all requirements applicable to the development of the Property, and all Best Management Practices, in accordance with the Erosion and Sediment Control Plan; and WHEREAS, the CITY U\ban Runoff Pollution Prevention Ordinance, City of San Rafael Municipal Code chapter 9.30 ("CITY Ordinance") requires proper operation and maintenance of the Facilities constructed on this Property; and
WHEREAS, the CITY has approved the Stormwater Control Plan prepared by LTD Engineering, Inc. on the day of September 3, 2021, as this Plan is on file at 111 Morphew Street, San Rafael 94901 and may be subsequently modified from time to time with CITY approval; and WHEREAS, the development conditions of approval require that Facilities, as shown on the approved Stormwater Control Plan, be constructed and properly operated and maintained by the Property Owner; and
WHEREAS, the Stormwater Control Operation and Maintenance Plan (together with the Stormwater Control Plan, hereinafter the "Plans") includes an annual inspection form for the Facilities constructed on this Property, and
WHEREAS, this Agreement memorializes the Property Owner's maintenance, operations, and inspection obligations under the CITY Ordinance and the approved Plans. - 2 -
NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants contained herein, and the following terms and conditions, the parties hereto agree as follows:

SECTION 1
Responsibility for Operation and Maintenance: The Property Owner will maintain printed copies of the approved Plans at the Property. The Property Owner must maintain the Facilities in good working condition acceptable to the CITY for the life of the project, and in compliance with the CITY Ordinance and the approved Plans. If significant changes to the operation and maintenance of the Facilities are proposed, the Property Owner is responsible for submitting a revised Stormwater Control Operation and Maintenance Plan to the CITY for approval. Upon transfer of the Property, the Property Owner shall provide the new owner with the current Plans and shall set forth in any transfer agreement a requirement that the new owner assume responsibilities set forth in the Plans and this Agreement.

SECTION2
Inspection by Property Owner: The Property Owner, at its own expense, shall conduct annual inspections to ensure the Facilities are in good working order. The Property Owner may elect to use a qualified independent inspector to inspect the Facilities. The Property Owner shall send a report of the annual inspection to the Department of Public Works Stormwater Division at the addresses shown in Section 8 below. The annual inspection report shall include completion and certification of the form described in the approved Storm water Control Operation and Maintenance Plan. If the Property Owner fails to submit the annual inspection report by December 31st, the CITY or its agents may (but without any obligation to do so) perform the inspection and invoice the Property Owner for the cost in accordance with Sections 3 and 4 below. If the inspection reveals that Facilities are not in good working order, Property Owner, at its own expense, shall undertake necessary action to restore Facilities to good working order.

SECTION 3
Right of Entry and Facility Inspection: The Property Owner hereby grants permission to the CITY, its employees and authorized agents to enter the Property, and to inspect the Facilities whenever any of the CITY or its agents deem it necessary in order to enforce provisions of the CITY Ordinance. The CITY its employees or authorized agents may enter the Property at any reasonable time to inspect the premises and Facilities operation, to inspect and copy records related to stormwater compliance, and to collect samples and take measurements. Whenever possible, these entities will provide notice prior to entry. The CITY may charge a fee to cover the costs of the inspection.

SECTION 4
Failure to Perform Required Facility Inspections, Repairs or Maintenance by the Property Owner: If the Property Owner fails to inspect and maintain the Facilities in good working order and in accordance with the approved Plans and the CITY Ordinance, the CITY, with prior notice and pursuant to the abatement procedures of San Rafael Municipal Code Chapters 1 .40, 1.42, 1.44, and/or 1.46, may enter the Property to inspect or to return the Facilities to good working order and thereafter recover its costs in accordance with the abatement procedures of San Rafael Municipal Code Chapters 1 .40, 1.42,

1.44, and/or 1.46. The CITY is under no obligation to maintain or repair the Facilities, and this Agreement shall not be construed to impose any such obligation on the CITY. If the CITY under this section takes any action to inspect the Facilities or to return the Facilities to good working order, the Property Owner shall reimburse the CITY for all the costs incurred by the CITY. The CITY will provide the Property Owner with an itemized invoice of the costs and the Property Owner will have 30 days to pay the invoice. If the Property Owner fails to pay the invoice within 30 days, the CITY may secure a lien against the Property of the Property Owner in the amount of such costs. In addition, the CITY may make the cost of abatement of the nuisance caused by the failure to maintain the Facilities a special assessment against the Property that may be collected at the same time and in the same manner as ordinary taxes are collected as provided in the abatement procedures of San Rafael Municipal Code Chapters 1 .40, 1.42, 1.44, and/or 1.46. This Section 4 does not prohibit the CITY from pursuing other legal recourse against the Property Owner.

SECTIONS
Indemnity: The Property Owner shall defend, indemnify and hold harmless the CITY, its officials, employees and its authorized agents from any and all costs, losses, damages, accidents, casualties, occurrences or claims which might arise or be asserted against the CITY and which are in any way connected with the construction, operation, presence, existence or maintenance of the Facilities by the Property Owner, or from any personal injury or property damage that may result from the CITY or other public entities entering the Property under Section 3 or 4 herein above.

SECTION 6
Successors and Assigns: This Agreement shall be recorded in the Office of the Recorder, Marin County, California, at the expense of the Property Owner. This Agreement and the covenants of the Property Owner set forth in numbered Sections 1 through 5 above shall run with the land, and the burdens thereof shall be binding upon each and every part of the Property and upon the Property Owner, its successors and assigns in ownership ( or any interest therein), and said covenants shall inure to the benefit of and be enforceable by the CITY, its successors and assigns in ownership of each and every part of the street and storm drains.

SECTION7
Severability: The provisions of this Agreement shall be severable and if any one of the provisions of this Agreement is adjudicated invalid by a court of competent jurisdiction it shall in no way effect any other provisions and all other provisions shall remain in full force and effect.

SECTION 8
Notices: All notices and other communications required or permitted to be given under this Agreement, including any notice of change of ownership, address or significant changes to the Facilities or Stormwater Control Operations and Maintenance Plan, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified.

Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice must be given to the Property Owner, its successors and -4-
assigns, at the address(es) shown on the records for the Property maintained by the Assessor. Notice to the CITY must be given by personal delivery or mail to both of the following addresses:

TO CITY:
and,
Public Works Director
Department of Public Works
City of San Rafael
111 Morphew Street
San Rafael, CA 94901
Stormwater Coordinator or Administrator
Department of Public Works
City of San Rafael
111 Morphew Street
San Rafael, CA 94901
SECTION9
Recordation: This Agreement shall be recorded by the Property Owner with the County Recorder within 30 days of the date of execution. Recordation shall be at the expense of the Property Owner.

SECTION 10
Effective Date and Modification: This Agreement is effective upon the date that the final signatory executes the Agreement. This Agreement shall not be modified except by written consent of both parties. Such modifications shall also be recorded in accordance with Section 9. [Signatures are on the following page.]
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. /

CITY OF SAN RAFAEL
JIM SC
APPROVED AS TO CONTENT:

RIL MILLER, Director of Public Works
Attachments: Acknowledgements
Exhibit A
If Property Owner is an entity, Property Owner hereby
represents and warrants that the persons executing this Agreement on behalf of Property Owner have full authority to do so and to bind Property Owner to each and every term of this Agreement.
- 6 -

CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
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 -M-a-rin _ _ _____ _ _____ ) On July 21, 2022 before me, L. Serchia , Notary Public, personally appeared ------------ Vincent O'Flynn and Joseph O'Flynn 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 sea/
Signature /,l"l l.£C£lt.lA ) c=7
This area for official notarial seal.

OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT

CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the documents.

W INDIVIDUAL

D CORPORATE OFFICER(S) TITLE(S)
D PARTNER(S) □ LIMITED

D ATTORNEY-IN-FACT

D TRUSTEE(S)
□ GUARDIAN/CONSERVATOR

D OTHER
SIGNER IS REPRESENTING:

Name of Person or Entity
0 GENERAL
Name of Person or Entity

OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT
Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form.

THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT:

NUMBER OF PAGES DATE OF DOCUMENT

SIGNER(S) OTHER THAN NAMED ABOVE
Reproduced by First American Tltle Company 11/2007

ACKNOWLEDGMENT
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 Marin
On Ju}1v ~ rJ..fbLcJ
)
before me, Brenna Kathleen Nurmi, Notary Public
(insert name and title of the officer)
personally appeared _ _ U/=----.!..!/~· ....l-"'----"<C.L..jl..lC:::::L......:=-------------.,..__- -----H...._ _ _ who proved to me on the basis of satisfactory evidence to be the_ ~son• whose name i e ~~9"ibe9 to the within instrument and acknowle~d to me tha~ 7thef executed he same in ~,tter/tlffiir authorized capacity(~, and that by~!>'r/tt)elr signature~ on the instrument the person¢}, or the entity upon behalf of which the person~ acted, executed the instrument.

I certify under PENAL TY 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 _ _ /j_._/Vv _~ __ -_____ ·_ __ _ (Seal)
EXHIBIT "A"
Property Description
Nine unit condominium building located at 1628 Fifth Avenue, San Rafael, CA 94901 Real property in the City of San Rafael , County of Marin, State of California, described as follows:

BEING ALL OF PARCEL TWO AND A PORTION OF PARCEL ONE AS SAID PARCELS ARE

DESCRIBED IN THAT CERTAIN GRANT DEED FROM BRIAN TAYLOR PEARCE, AN

UNMARRIED MAN AND BRIAN TAYLOR PEARCE, SUCCESSOR TRUSTEE OF THE

ROBERT PEARCE LIVING TRUST TO VINCENT O'FLYNN, AN UNMARRIED MAN AND

JOSEPH O'FL YNN, A MARRIED MAN, AS HIS SOLE AND SEPARATE PROPERTY, ASJOINT TENANTS RECORDED AUGUST 8, 2017 AS DOCUMENT 2017-0031709 IN THE OFFICE OF

THE RECORDER OF THE COUNTY OF MARIN, STATE OF CALIFORNIA, PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE POINT ON THE NORTHERLY LINE OF FIFTH A VENUE, SAID POINT BEING SOUTH83°13'45" EAST 74.13 FEET FROM THE INTERSECTION OF SAID NORTHERLY LINE OF FIFTH AVENUE AND THE EASTERLY LINE OF "G" STREET, SAID POINT ALSO BEING NORTH 83°13'45" WEST 2.25 FEETFROM THE SOUTHEASTERLY CORNER OF SAID PARCEL ONE; THENCE FROM SAID POINT OF BEGINNING, LEAVING SAID NORTHERLY LINE, NORTH 06°58'29" EAST 108.44 FEET TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL ONE, SAID POINT BEING SOUTH 83°15'00" EAST 55 .49 FEET FROM THE NORTHWESTERLY CORNER OF SAID PARCEL ONE; THENCE EASTERLY ALONG LAST SAID NORTHERLY LINE SOUTH 83°15'00" EAST

11.50 FEET TO THE NORTHEASTERLY CORNER OF SAID PARCEL ONE, SAID POINT ALSO BEING ON THE WESTERLY LINE OF SAID PARCEL TWO; THENCE NORTHERLY ALONG LAST SAID WESTERLY LINE NORTH 11 °50'57" EAST 19.84 FEET TO THE NORTHWESTERLY CORNER OF SAID PARCEL TWO; THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID PARCEL TWO SOUTH 83°15'00" EAST 76.50 FEET TO THE NORTHEASTERLY CORNER OF SAIDPARCEL TWO; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID PARCEL TWO SOUTH 11°54'1 l" WEST 128.75 FEET TO THE

SOUTHEASTERLY CORNER OF SAID PARCEL TWO, SAID POINTBEING ON THE SAID NORTHERLY LINE OF SAID FIFTH AVENUE; THENCE WESTERLY ALONG SAID NORTHERLY LINE, NORTH 83°13'45" WEST 78.63 FEET TO THE POINT OF BEGINNING.

THIS LEGAL DESCRIPTION IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE APPROVING A LOT LINE ADJUSTMENT, CERTIFICATE NO. LLAl 8-002, RECORDED DECEMBER 20, 2019, AS INSTRUMENTNO. 2019-0048474 OF OFFICIAL RECORDS.

APN: 011-193-10
- 8 -

San Rafael City CouncilAugust 8, 2022

San Rafael City Council
August 8, 2022