Ukiah City Council
August 17, 2022

2 F. Declarant has constructed or will cause to be constructed certain improvements, utilities, and infrastructure, including an access road, a locked gate, drainage, and water, sewer, and electrical systems to serve the Development Property.

G. The configuration, boundary line adjustment(s), and development will be done in accordance with that certain “Property Purchase-Sale / Exchange and Development Agreement and Joint Escrow Instructions” (“Exchange & Development Agreement”), entered into by Declarant and the City.

H. The City will have access to and use of some Common Improvements (as defined herein) and the Declarant, Association, and Owners of the Lots in the development shall have easements for access and use of the Common Improvements and to the Lots.

I. The City is required, through the Mendocino Local Agency Formation Commission (“LAFCo”), to seek to annex the lands comprising the Development Property and/or to secure out of area service agreement(s) for the provision of utilities services to the Lots within the Development Property. Annexation would allow the creation and development of up to seven parcels within the Development Property. Absent annexation, it is expected that the total number of parcels to be created and developed within the Development Property would be more limited and subject to County of Mendocino zoning rules and regulations.

J. Declarant may create an Association to carry out the provisions of this Declaration.

K. Use of a portion of the Common Improvements described herein will also be made by certain neighboring property owners under the “Easement, Road Access And Maintenance Agreement” (“Access Agreement”), entered into by Declarant, the City, and said neighboring property owners, recorded on March 11, 2022, in the Official Records of Mendocino County as document 2022-03302.

L. As further provided in the Exchange & Development Agreement and Access Agreement, neither the neighboring property owners nor the City of Ukiah will become members of the Association, but are required to pay maintenance fees to the Association.

M. Pursuant to the Exchange & Development Agreement and Access Agreement, the Association has the right and obligation to maintain Common Improvements through and in the Development Property and including extensions thereof through the lands of the neighboring property owners.

NOW THEREFORE, Declarant hereby declares that all of the property described in Exhibit A is held and shall be held, conveyed, hypothecated, encumbered, leased, rented, used, occupied and improved, subject to the following limitations, restrictions, covenants and conditions, all of which are declared and agreed to be in furtherance of the plan for residential development

3 / improvement and sale of said real property as part of a private, gated, residential development, and are established and agreed upon for the purpose of enhancing and perfecting the value, desirability and attractiveness of the real property and every part thereof. All of the limitations, easements, uses, obligations, covenants, restrictions and conditions stated herein shall run with the real property, shall be binding on all parties having or acquiring any right, title or interest in any part of that real property, and shall be for the benefit of each Owner of any portion of that real property, or any interest in it, and shall inure to the benefit of and be binding upon each successor in interest of the Owners thereof. Each and all of these limitations, easements, uses, obligations, covenants, conditions and restrictions shall be deemed to be, and shall be construed as, equitable servitudes, enforceable by any of the Owners of any of the individual Lots against any other Owner, tenant or occupant of the Lots, the real property, or any portions of it.

ARTICLE I. DEFINITIONS
Unless the context clearly indicates a different meaning, the terms used here, in the Project Documents, in any plans for the Development Property, and in any deeds regarding Lots in the Project shall have the meaning specified in this article.

1.1 "Architectural Control Guidelines" or "Guidelines" shall mean the written architectural review standards promulgated by the architectural control committee as provided Section 10.3.

1.2 "Articles" shall mean the articles of incorporation of the Association.

1.3 "Assessments" shall mean the regular and special assessments levied against each lot and its owner as provided in Article VI.

1.4 "Association" shall mean the association established hereunder to carry out the provisions of this Declaration.

1.5 "Board" shall mean the Board of Directors of the Association.

1.6 "Bylaws" shall mean the Association’s bylaws as amended from time to time.

1.7 "Common Improvements" shall mean the “Road” (to its terminus at the western boundary of the Development Property) as labeled and shown on the map attached hereto and incorporated herein by reference as Exhibit E, the water system (water well(s), water-storage tanks(s), pumps, and water pipelines to enable connection by Owners to serve individual Lots), the sewage disposal system (holding tank(s), pumps, and other components to enable connection by Owners to serve individual Lots for the treatment of sewage solids and/or an effluent line with connection to the City’s sewer main), and electrical and other utilities to serve the Common Improvements and to enable connection by Owners to serve individual Lots.

4 1.8 "Declarant" shall mean David J. Hull, individually as Trustee of the David J.

Hull Living Trust, and D&J Investments, LLC, a California limited liability company and his/its successors and assigns.

1.9 “Declarant’s Reserved Rights” shall mean Declarant’s rights and interests reserved, retained, and/or granted in the Exchange & Development Agreement and/or Access Agreement.

1.9 "Declaration" shall mean this instrument as amended from time to time.

1.10 "Dwelling" shall mean a single-family residential dwelling unit, together with garages and permissible accessory structures on the same Lot.

1.11 "Improvement" shall mean Structures, as defined herein, substantial plants such as trees, hedges, shrubs, bushes and major landscaping of any kind. "Improvement" shall include any excavation, fill, ditch, diversion dam or other thing or device that affects or alters the natural flow of surface or subsurface water from, upon, under or across any portion of the Project. "Improvement" shall also mean any utility line, conduit, pipe or other related facility or equipment.

1.12 "Individual Charges" shall mean those charges levied against an Owner or Member by the Association as provided in Section 6.5.

1.13 "Lot(s)" shall mean any one of the three (3) to seven (7) residential lots of the Project and, where applicable, such other properties that, in the discretion of the Association, are admitted to membership.

1.14 Map shall mean that certain Tentative Map, consisting of two pages, the first of which is entitled “Existing Condition” and the second of which is entitled “Proposed Condition,” as true and correct copy of which is attached hereto and incorporated herein by reference as Exhibit D.

1.15 "Member" shall mean a person entitled to membership in the Association as provided herein. Each Owner or co-Owner of a Lot shall be a Member.

1.16 "Mortgage" shall mean a mortgage or deed of trust encumbering a Lot or other portion of the Project. A "mortgagee" shall include the beneficiary under a deed of trust. A "first mortgage" or "first mortgagee" is one having priority as to all other mortgages or holders of mortgages encumbering the same Lot or other portions of the Project. A "first mortgagee" shall include any holder (including FHLMC and FNMA), insurer (including FHA) or guarantor (including VA) of a first mortgage on a Lot or other portion of the Project. "FHLMC" shall mean the Federal Home Loan Mortgage Corporation. "FNMA" shall mean Federal National Mortgage Association. "FHA" shall mean the Federal Housing Administration of the United States Department of Housing and Urban Development. "VA" shall mean the

5 Veterans Administration of the United States Department of Housing and Urban Development.

1.17 "Owner" shall mean any person or persons, entity or entities, or combinations thereof, holding a record fee ownership interest in a Lot, including Declarant, and contract sellers. "Owner" shall not include persons or entities that hold an interest in a Lot merely as security of the performance of an obligation.

1.18 "Project" shall mean the entire parcel(s) of real property described in Exhibit A, which is or shall be reconfigured into Lots.

1.19 "Project Documents" shall mean this Declaration and the Articles, Bylaws, Rules and regulations of the Association, including any architectural control guidelines and easements of record reserved or granted to or by the Declarant or Association, and shall include the Exchange & Development Agreement and Access Agreement.

1.20 "Rules" shall mean the rules, if any, promulgated by the Association to govern the possession, use and enjoyment of the Project as amended from time to time.

1.21 "Structure" shall mean any tangible thing or device to be fixed permanently or temporarily to real property including, without limitation, any Dwelling, building, garage, accessory dwelling unit, driveway, bikeway, walkway, concrete pad, asphalt pad, porch, patio, shed, greenhouse, bathhouse, tennis court, pool, barn, stable, fence, wall pole, sign, antenna, sprinkling system or tent.

ARTICLE II. PROPERTY

2.1. Property Subject to Declaration. All of the real property described in Exhibit A is hereby declared to be subject to this Declaration.

2.2. Common Improvements Ownership & Easements; Water Development Restrictions. The Declarant, and then upon its formation the Association, shall be granted / reserve in any conveyance creating an Owner’s interest in a Lot, an exclusive easement in gross for use, maintenance, and control of the Common Improvements for the use and benefit of the Project, and shall convey to the Owner a non-exclusive easement for use of the Common Improvements, including on the Owner’s Lot, provided that said exclusive easement shall not be made appurtenant to any land other than that described in Exhibit A unless otherwise approved by the Association as provided in this Declaration. The Common Improvements shall be maintained by the Association as provided in Section 5.3.A. The Declarant, and then upon its formation the Association, shall own the personal property comprising the Common Improvements.

6 The right to drill wells or develop water on any of the Lots is hereby exclusively reserved to the Declarant and, once formed, the Association, which shall have the sole right to perform those activities, subject to certain restrictions set forth in Section 5.3.E. No Lot Owner may drill for water or develop water without the express written permission of the Association.

2.3. Incidents of Lot Ownership, Inseparability. Every Lot shall have appurtenant to it the following interests: (a) A membership in the Association; and, (b) a non-exclusive easement for use and enjoyment of the Common Improvements subject to the easements of record and these covenants, conditions, and restrictions. Limitations, easements and lien as are contained in the Project Documents and subject to other reasonable regulation by the Association. Such interests shall be appurtenant to and inseparable from ownership of the Lot.

Any attempted sale, conveyance, hypothecation, encumbrance or other transfer of those interests without the Lot shall be null and void. Any sale, conveyance, hypothecation, encumbrance or other transfer of a Lot shall automatically transfer these interests to the same extent.

2.4. Owner's Obligation to Maintain Lot. Except as otherwise specifically provided herein, each Owner shall at all times maintain and repair all portions of his/her/its Lot, keeping the same in a safe, sanitary and attractive condition.

Grasses, bushes and vegetation shall be controlled in such a manner so as to avoid becoming a fire hazard to surrounding property. Owners shall at all times maintain Structures on their Lot, and their Lot generally, such that it adheres to minimum standards for fire mitigation and safety on individual Lots as promulgated by CalFire or any successor agency as well as any fire or safety Rules of the Association.

In the event an Owner fails to maintain and repair a Lot as provided herein, including in a manner which the Board reasonably deems necessary to preserve the safety, appearance and value of the Project, the Board may notify the Owner of the required maintenance or repair and request that it be done within a reasonable and specified time period. In the event that the Owner fails to carry out such maintenance or repair within said period, the Board shall have the right to enter upon the Lot to cause such maintenance / repair to be done and, subject to the notice and hearing requirements of Section 7.2.A (2), individually charge the cost thereof to such Owner. Notwithstanding the foregoing, in the event of an emergency arising out of the failure of an Owner to maintain or repair a Lot, the Board shall have the right to abate the emergency and, subject to the notice and hearing requirements of Section 7.2.A (2), individually charge the cost thereof to such Owner.

2.5 Declarant’s Reserved Rights. Each Lot, including upon any conveyance to an Owner, is hereby declared to be subject to Declarant’s Reserved Rights.

2.6 Delegation of Use; Contract Purchasers, Lessees, Tenants. Any Owner may delegate their rights of use and enjoyment in the Project in a reasonable manner

7 to the Owner’s family members, guests, and invitees, and to such other persons as may be permitted by the Project Documents, subject however, to the Project Documents and Rules, and subject to the number of persons or frequency of use not being unreasonable. However, if an Owner sells a Lot to a contract purchaser, or has leased or rented it, the Owner, and the Owner’s family members, guests, and invitees, shall not be entitled to use or enjoy the Project while the Owner's Lot is occupied by such contract purchaser, lessee, or tenant. Instead, the contract purchaser, lessee, or tenant, while occupying such Lot, shall be entitled to use and enjoy the Project, to the extent the Owner would otherwise be permitted to do so, and may delegate the rights of use and enjoyment in the same manner as if such contract purchaser, lessee, or tenant were an Owner during the period of occupancy. During the time period an Owner's Lot is occupied by a contract purchaser, such contract purchaser shall have the right to exercise such Owner's voting rights (as to such Lot) in the Association and such Owner shall give to such contract purchaser, upon demand, such proxies as are necessary to exercise the Owner's voting rights (as to such Lot) in the Association. Each Owner shall notify the secretary of the Association of the names of any contract purchasers, lessees, or tenants of that Owner's Lot. Any delegated rights of use and enjoyment are subject to suspension to the same extent as are the rights of an Owner.

2.7. Responsibility for Damage to Common Improvements. The cost and expense of repair or replacement of any portion of the Common Improvements resulting from the willful or negligent act of an Owner, or the Owner’s contract purchasers, lessees, tenants, family, guests, or invitees, or any of their agents, servants, or employees, shall be, in addition to the party directly at fault, the responsibility of such Owner to the extent that it is not covered by insurance maintained by the Association. The Association shall cause such repairs and replacements to be made and, subject to the notice and hearing requirements of Section 7.2.A (2), individually charge the cost thereof, including any insurance deductible, to such Owner.

2.8 Reservation of Easements to Complete, Sell. Declarant hereby declares that the following easements shall be reserved over the Project to themselves and their successors and assigns to the extent reasonably necessary to complete and sell, lease, rent or otherwise dispose of the Lots: Easements for ingress and egress, drainage, encroachment, maintenance of temporary structures, operation and storage of construction equipment and vehicles, for doing all acts reasonably necessary to complete, repair, or develop the Project, or to discharge any other duty of Declarant under the Project Documents or sales contracts or otherwise imposed by law. This easement shall exist until the last Lot is conveyed by Declarant.

Declarant covenants to use the above easements in a manner that will reasonably minimize any adverse impact upon the possession, use and enjoyment of the Owners.

2.9. Utilities. Whenever sanitary sewer, water, electric, gas, television, telephone lines or other utility connections are located or installed within the Project, the Owner of each Lot served by said connections shall be entitled to the

8 use and enjoyment of such portions of said connections for service to such Lot.

Every Owner shall pay all utility charges, which are separately metered or billed, to the Owner’s Lot. Every Owner shall maintain installations specifically arranged to be maintained by the Association or utility companies, public or private. The Association and utility companies shall have the right, at reasonable times after reasonable notice, to enter upon the Lots and Common Improvements to discharge any duty to repair or maintain Project utilities.

Whenever sanitary sewer, water, electric, gas, television, telephone lines or other utility connections are located within the Project, the Owner of a Lot served by said connections shall have the right to, and is hereby granted, an easement as reasonably necessary to, at reasonable times after reasonable notice, enter upon the Project Lots or Common Improvements, or to have his agents or utility companies enter upon the Project Lots or Common Improvements, in order to maintain or repair said connections as and when reasonably necessary.

In the event of a dispute between Owners with respect to the maintenance or repair of said connections, or with respect to the sharing of the cost thereof, then the matter shall be submitted to the Board for arbitration, whose decision shall be final.

2.10. Easements & Maintenance. Easements over and under the Project for the installation, repair, and maintenance of sanitary sewer, water, electric, gas, and telephone lines, cable or master television antenna lines, and drainage facilities, as serve the Project, are hereby reserved for Declarant and the Association, together with the right to grant and transfer the same.

Subject to the Exchange & Development Agreement and Access Agreement, the Association shall maintain the Common Improvements and, with respect to utilities, to points of connection for individual Lots, except for those installations specifically arranged to be maintained by an Owner or utility companies, public or private.

ARTICLE III. USE RESTRICTIONS
In addition to all of the covenants contained herein, the use of the Project and each Lot therein shall be subject to the following use restrictions.

3.1. Conditions of Approval to Develop Single Family Residence on Lot. The use and improvement of the Project shall comply with the mitigation measures, adopted by the City, attached hereto as (Ex.F) and any conditions of approval as may be lawfully required by governing agencies. Further, unless variance is approved in writing by the City of Ukiah: (a) if a Lot is developed with a single-family residence before its annexation into the City becomes final, the development of that Lot shall comply with the mitigation measures in Exhibit F including compliance with Ukiah City Code Sections 9135-9139, with compliance being a condition of said development and subject to determination and approval by the Association in consultation with the City; and, (b) if a Lot is developed with a single-family

9 residence after its annexation into the City becomes final, the Lot Owner shall comply with said Ukiah City Code sections with compliance being a condition of said development and subject to determination and approval by the City.

3.2. Use of Individual Lots. No Lot shall be occupied and used except for singlefamily residential purposes by the Owners, their contract purchasers, lessees, tenants, or guests, and no commercial business shall be conducted therein except as may be allowed by the City of Ukiah residential zoning code.

3.3. Nuisances. No noxious, illegal, or offensive activities shall be carried on in any Lot, nor on any other part of the Project, nor shall anything be done therein that may be or may become an annoyance or a nuisance to or that may in any way interfere with the quiet enjoyment of each of the Owners with regard to their respective Lot, or that shall in any way increase the rate of insurance of the Project or for any other Lot, or cause any insurance policy to be canceled or cause a refusal to renew the same. Without limiting any of the foregoing, no Owner shall permit noise, including but not limited to, the barking of dogs, radios, televisions, music, or sound systems, to emanate from the Owner's Lot, which noise would unreasonably disturb another Owner's quiet enjoyment of his Lot.

Each Owner shall be responsible for compliance with this provision by all persons and permitted animals upon the Owner's Lot.

3.4. Re-Subdivision of Lots. Once finally established by Declarant, as may be determined by Declarant in Declarant’s sole discretion, none of the Lots within the Development Property shall be re-subdivided or split into Lots of a lesser size than the size of the original Lot as finally established by Declarant. Once Declarant sells or causes the sale of an established Lot to another Owner, Declarant shall not maintain the right, absent the Owner’s consent, to reconfigure said owner’s lot; Notwithstanding that, such Owner shall comply with, consent to, and take all other action reasonably necessary to effect a boundary line adjustment of lands within the Development Property as may at any time be desired by Declarant, including by participating in and consenting to such an adjustment that includes the Owner’s Lot, if the end result of the adjustment does not alter the boundaries of the Owner’s Lot.

3.5 Changing Grades, Slopes and Drainage. No change in the established grade or elevation of the Lots and no change in the established slope or ratio of the cuts and fills that alters established drainage patterns shall be permitted without the prior written consent of the Association and written approval of governing agencies, as applicable. Permission to make any such change shall not be unreasonably withheld if reasonably necessary to comply with Ukiah City Code Section 9135-9139. Declarant reserves the right to make any and all cuts and fills on said property and on the building sites included therein and to do such grading as in their judgment may be necessary to grade streets and Lots, or any part thereof, as may be deemed reasonably necessary or beneficial for the Project. Each of the Owners of the Lots covenants to permit free access by Declarant and Owners of adjacent Lots to slopes and drainage ways located on his property when such access is required for the maintenance or permanent

10 stabilization of said slopes or maintenance of the drainage facilities or for the protection and use of property other than the Lot on which the slope or drainage way is located.

3.6. Prohibitions Regarding Objectionable Vehicles. All of the following vehicles and categories of vehicles are hereby designated as "objectionable vehicles" which shall be subject to the special restrictions of this section a. Any over-sized vehicle, including any bus or aircraft, or any vehicle that exceeds 12,000 pounds gross vehicle weight, or that has a wheelbase exceeding 133 inches;
b. Any farm vehicle or equipment;
c. Any boat;
d. Any trailer designated to be pulled by any other vehicle; e. Any vehicle within the generally recognized category of recreational vehicle, including, without limitation, motorcycle, all-terrain vehicles, a camper or camper body that is or may be mounted upon a pickup truck;
f. Any inoperable vehicle; and
g. Any off-road unlicensed motor vehicle.

No objectionable vehicle may be permanently parked anywhere within Project (including any street, driveway, or yard area) unless it is enclosed within a garage or screened by fencing so as not to be generally visible from any street or from any Lot. Except for the occasional, temporary periods of not more than eight (8) hours, any Owner who parks or permits the prohibited parking of any objectionable vehicle on the Project shall be deemed to commit a nuisance within the meaning of Section 3.3, which may be actionable as provided in Article VII of the Declaration. No vehicle of any type (including regular passenger cars, trucks, motorcycles, bicycles or any objectionable vehicle) shall be parked on any street or other portion of the Project for the purpose of accomplishing repairs thereto or the reconstruction thereof, except for emergency repairs and then only to the extent necessary to enable movement of the vehicle. Violation of this prohibition against repairing vehicles shall also constitute a nuisance within the meaning of Section

3.3. 3.7. Signs. No signs of any kind shall be displayed to the public view from any Lot or from the Common Improvements without the approval of the Board except (i) one sign of customary and reasonable dimensions advertising a Lot for sale, lease, rent, or exchange displayed from the Lot, (ii) such signs as may be used by Declarant or its assignees for the purpose of selling, renting or leasing Lots as permitted by Section 2.8, and (iii) such other signs or notices as are required by law, as are otherwise necessary to perfect a right provided for in law or as are required to be permitted by law.

3.8 Animals. No animals, livestock, reptiles or poultry of any kind shall be raised, bred, or kept on any portion of the Project; except that three dogs and three cats may be kept on a Lot. Pets must be kept under reasonable control at all times and no pets shall be allowed to roam unattended or unleashed within the Project.

11 3.9 Garbage and Refuse Disposal. All rubbish, trash, garbage, and other waste shall be regularly removed from the Project, and shall not be allowed to accumulate thereon. Rubbish, trash, garbage and other waste shall be kept in covered, sanitary fly-proof containers. All equipment, garbage cans, woodpiles, storage piles or trash piles shall be kept screened and concealed from view of other Lots and the Road and other roads within the Project, except for the scheduled day for trash pickup. The burning of trash or garden refuse anywhere within the Project is absolutely prohibited, and there shall be no exterior fires whatsoever except for fires contained within barbeques, outdoor lanterns or similar equipment designed for the containment of a small fire.

3.10 Right to Lease. Nothing in this Declaration shall prevent an Owner from leasing or renting their Lot. However, any lease or rental agreement shall be in writing and shall be expressly subject to the Project Documents and any lease or rental agreement must specify that failure to abide by such provisions shall be a default under the lease or rental agreement. In addition, no Lot shall be leased or rented for a period of less than thirty (30) days.

3.11 Wells, Derricks and Mines; Water Development. No wells for the production of or from which there is produced water, oil, steam, or gas shall be operated upon any Lot; nor shall any machinery, appliance or structure be placed, operated or maintained thereon for use in connection with any trading, manufacturing or repairing business. No mining or quarry operations of any kind shall be permitted upon or in any Lot, nor shall any oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon any Lot. No development of any water source shall be conducted on a Lot absent the written consent of the Board.

3.12 Radio and Television Antennas, Satellite Dishes. No Owner may construct, use, or operate his own external radio, television or other electronic antenna or satellite-receiving dish without the prior written consent of the Board. No citizens band or other transmission shall be permitted from the Project without the written consent of the Board.

3.13 Clotheslines. No outside clotheslines or other similar outside clothes drying facility shall be visible from any other Lot or the Road unless approved in writing by the Board.

3.14 Window Coverings. All windows shall be covered by draperies, shades, or shutters and shall not be painted or covered by foil, cardboard, or similar materials.

3.15 Temporary Structures. Except as provided in this Declaration or as is permitted in the Exchange & Development Agreement for Declarant’s (or their caretaker) temporary use to facilitate the Project’s development, no tents, shacks, trailers, basement, garage or outbuildings shall, at any time, be used on any Lot as a residence, either temporarily or permanently nor shall any residence of a temporary character be constructed, placed or erected on any Lot.

12 3.16 Upkeep of Real Property. Each Lot Owner covenants to keep, maintain, water, plant and replant all areas, slopes, banks, rights-of-way, and set back areas located on his/her/its Lot so as to prevent erosion and present an attractive, clean, and wholesome appearance at all times.

3.17 Uses of Garages. No single-family dwelling unit shall be constructed or maintained on a Lot without a garage large enough to contain two standard size automobiles, which garage shall be used to park the automobile(s) belonging to the Owner or occupants of the Lot and for other purposes compatible with such use. Automobiles are to be kept in the garage when not in use. The use of carports in place of garages is specifically prohibited.

3.18 Diligence in Construction. The work of constructing and erecting any building or Structure shall be prosecuted diligently and continuously from the commencement thereof until the same is completed. No outbuilding shall be completed prior to the completion of the Dwelling, except that temporary office and storage buildings may be erected for workman engaged in building a Dwelling on said property.

Such temporary structures must be removed as soon the Dwelling is completed.

All structures shall be suitably painted, colored and stained immediately upon completion of construction as per plans and specifications. The construction schedule shall be submitted as part of the plans and specifications and shall be subject to the approval of the Board.

3.19 Easements and Rights-of-Way. No Structure shall be constructed within an easement area, or as such that it might interfere with the purposes for which such an easement exists, without written approval of the Board.

3.20 Compliance with Project Documents. Each Owner, contract purchaser, lessee, tenant, guest, invitee, or other occupant of a Lot or user of the Common Improvements shall comply with the provisions of the Project Documents.

3.21 Compliance with Mitigation Measures. Prior to annexation of the Development Property by City, the Owners of the any Lots that commence residential development of their Lot shall implement the mitigations measures imposed by the City of Ukiah in approving the Exchange & Development Agreement, which measures are attached hereto and incorporated herein by reference as Exhibit F.

ARTICLE IV. THE ASSOCIATION MEMBERSHIP AND VOTING

4.1 Association. Until the Association is formed the Declarant, and once formed the Association, will be charged with the duties and empowered with the rights as set forth herein. It shall not be required that there be an incorporated Association.

This Declaration (and any articles, bylaws, or the rules of the Association) shall

13 govern the Association's affairs. However, in any conflict between this Declaration and any such articles, bylaws, or rules, this Declaration shall control.

4.2 Membership. Each Owner, including Declarant, shall be a Member of the Association and shall remain a Member thereof until such time as that Owner’s ownership ceases for any reason at which time that Owner’s membership in the Association shall automatically cease. Notwithstanding that, although the City will own a portion of the Development Property (the area labeled “Additional Development Area” on Exhibit A), it will not be a Member of the Association and it has, pursuant to the Exchange & Development Agreement, irrevocably assigned to Declarant all voting and other rights, interests, and privileges as would otherwise inure to the benefit of an Association Member as being an Owner of a portion of the lands comprising, including a Lot within, the Development Property. Owners of property adjacent to or near the Project may, from time to time, be admitted into membership by the Association, as provided hereafter.

4.3 Transferred Membership. Membership in the Association shall not be transferred, pledged, or alienated in any way except upon the transfer of an Owner’s ownership of the Lot to which that ownership is appurtenant, and then only to the new Owner. Any attempt to make a prohibited transfer is void. Any transfer of title to a Lot or interest in it shall operate automatically to transfer the appurtenant membership rights in the Association to the new Owner.

4.4 Voting. The Association shall have only one class of voting membership.

The Owners shall be entitled to one vote for each Lot owned, except that until the portion of the Development Property labeled “Additional Development Area” on Exhibit A is finally reconfigured by Declarant, the Owner of said area (presently Declarant) shall be entitled to five (5) votes for said area (one for each of the five prospective Lots to be configured in said area); provided, however, that for each Lot configured as a legal parcel in said area and sold by or at the direction of Declarant, said number of votes attributable to the Additional Development Area shall be reduced by one. If the owners of property outside the Project are admitted to membership, they shall be entitled to one vote per property admitted. However, should any such property be further subdivided and separately assessed under this Declaration, each separately assessed parcel shall be entitled to one vote.

When more than one person or entity owns a Lot, all such persons and entitles shall be members and the voting Owner shall exercise the vote for such Lot, but, in no event, shall more than one vote be cast with respect to any Lot. The record Owners of each Lot shall designate the voting Owner by written notice to the Board. The designation shall be revocable at any time by actual notice to the Board given by any of the Lot Owners of record or by the death or judicially declared incompetence or legal incapacity of any voting Lot Owner. When no voting Owner has been designated or the designation has been revoked, the vote for such Lot shall be exercised by the majority of co-Owners of that Lot.

4.5 Voting Procedures. Actions taken at meetings of the Association, unless otherwise required herein or by law, shall be by affirmative vote of a majority of Lot Owners present (one vote for each Lot). The admittance of new Members to the

14 Association shall be made only upon a vote of 66-2/3% or more of the Members. The vote on any proposed action may be by verbal response, by show of hands, or by secret ballot; provided, however, that elections for directors shall be by secret ballot.

4.6 Notices and Quorum and Location of Meeting. Written notice to the Members of the Association of any meeting of the Association, regular or special, shall be sent by the secretary to all members not less than ten (10) days nor more than ninety (90) days in advance of the meeting. Except as provided hereinafter, at any meeting called, the presence of Members or other proxies entitled to cast at least fifty percent (50%) of the total voting power of the Association shall constitute a quorum.

If any meeting cannot be held because the required quorum is not present, the majority of the Members present in person or by proxy may adjourn the meeting to a time not less than five (5) days nor more than thirty (30) days from the time the original meeting was called. In the absence of a quorum, no business may be conducted except the adjournment thereof.

The first meeting of the Association shall be held within forty-five (45) days after the closing of the sale by Declarant of the second Lot in the Project, but in no event shall the meeting be held later than six (6) months after the closing of the sale of the first Lot by Declarant. Thereafter, the annual meeting of the Association shall be held on the day and time set forth in the bylaws.

A special meeting of the Members of the Association shall be promptly called by the president, or, if the president fails or refuses to do so, by a director, upon:
a. The vote of the Board itself; or
b. Receipt by the Board of a written request for such a special meeting signed by Members representing at least twenty percent (20%) of the total voting power of the Association.

The location of all such meetings shall be within the Project or as close thereto as is practicable and the written notice of such meeting shall state its location, specifying the place, day and hour and, in the case of a special meeting, the nature of business to be undertaken.

4.7 Board of Directors. The Board shall ultimately consist of one representative for each Lot in the Development Property plus five (5) representatives for the Owner of that portion of the Development Property labeled “Additional Development Area” on Exhibit A.; provided, however, that for each Lot configured as a legal parcel in said Additional Development Area and sold by or at the direction of Declarant, the Board shall then consist of one additional representative for such Lot and one less representative for the remaining Additional Development Area; i..e the Board will ultimately consist of representatives of each of the 3 to 7 Lots to be configured within the Development Property. The initial Board shall consist of the Declarant and one representative for any Lots owned by persons other than the Declarant.

15 Notwithstanding the foregoing, although the City will own a portion of the Development Property (the area labeled “Additional Development Area” on Exhibit A), it will not be a Member of the Association or a member of the Board and it has, pursuant to the Exchange & Development Agreement, irrevocably assigned to Declarant all voting and other rights, interests, and privileges as would otherwise inure to the benefit of an Association Member or an Owner of a portion of the lands comprising, including a Lot within, the Development Property.

The Board shall undertake all duties and responsibilities of the Association and the management and conduct of the affairs thereof.

ARTICLE V. ASSOCIATION POWERS, RIGHTS, DUTIES, LIMITATIONS

5.1 Generally. The Association shall have the power to perform any action reasonably necessary to exercise any right or discharge any duty enumerated in this Article or elsewhere in the Project Documents or reasonably necessary to operate the Project. In addition, the Association shall have all the powers and rights of such associations under the laws of the State of California.

The Association shall act through its Board and the Board shall have the power, right and duty to act for the Association.

The powers, rights, duties, and limitations of the Association set forth in this Article and elsewhere in the Project Documents shall vest in and be imposed on the Association on the occurrence of the earlier of (i) the conveyance of any of the Common Improvements to the Association, or (ii) the first conveyance by Declarant of a Lot in the Project.

5.2. Enumerated Rights. In addition to those Association rights that are provided elsewhere in the Project Documents, the Association shall, without limitation, have the following rights:

A. Delegation. To elect, employ, appoint, assign and delegate the rights and duties of the Association to officers, employees, agents and independent contractors, except the Board may not delegate its right and power to levy fines, hold hearings or impose disciplinary actions.

B. Enter Contracts. To enter contracts with third parties to furnish goods or services to the Project.

C. Dedicate and Grant Easements. To dedicate or transfer all or any part of the Common Improvements or easements therof to any public agency, authority, or utility or any other person or entity for such purposes and subject to such conditions as may be agreed to by the Association; provided, however, that no such dedication or transfer shall be effective unless (i) such dedication or transfer is approved by a majority of the Members, and (ii) an instrument in writing is signed

16 by the secretary of the Association certifying that such dedication or transfer has been approved by the required vote or written consent.

D. Established Rules. To adopt reasonable rules not inconsistent with the Declaration, the Articles, or the Bylaws relating to the use of the Common Improvements and facilities owned or controlled by the Association and the conduct of Owners and their contract purchasers, lessees, tenants and guests with respect to the Project and other Owners. A copy of the Rules shall be mailed or otherwise delivered to each Owner.

E. Entry. To enter upon any portion of the Common Improvements at any time, or otherwise upon any Lot after giving forty-eight (48) hours written notice to the Owner thereof, for any purpose reasonably related to the performance by the Association of its duties under this Declaration. In the event of an emergency, such right of entry upon any Lot shall be immediate. Any damage caused by such entry shall be repaired or otherwise reasonably compensated for by the Association.

5.3 Enumerated Duties. In addition to those Association duties that are imposed elsewhere in the Project Documents, the Association shall have the following duties.

A. Manage, Maintain Common Improvements. To manage, operate, improve, maintain, repair and replace the Common Improvements including private roads, streets or drives, water system, and related facilities, including personal property, in a safe, sanitary and attractive condition.

B. Enforce Project Documents. To enforce the provisions of the Project Documents by appropriate means as provided in Article VII.

C. Levy and Collection of Assessments and Individual Charges. To fix, levy and collect assessments and individual charges in the manner provided in Articles VI and VII.

D. Taxes and Assessments. To pay all real and personal property taxes and assessments and all other taxes levied against the Common Improvements, if any, and other property owned by the Association or against the Association. Such taxes and assessments may be contested or compromised by the Association; provided, however, that they are paid or that a bond insuring payment is posted before the sale or the disposition of any property to satisfy the payment of such taxes.

To prepare and file any annual tax returns requested by the federal government and/or the State of California and to make such elections as may be necessary to reduce or eliminate the tax liability of the Association.

E. Water and other Utilities. To create and maintain a water system, sewer system, and electrical system for the benefit of the Lots. To acquire, provide

17 and pay for utility services as necessary for the Common Improvements. In order to fulfill the Association's duty to create and maintain a water system, it is hereby reserved to the Association all water rights in each of the Lots, whether it is surface water, spring water, or subterranean water. The Association shall have the right to drill a well on any of the Lots in the Project, subject to the following:
(1) Such well shall be reasonably necessary in order to provide water to the Lots in the Project.
(2) Such well shall be situated in such a way as to not diminish the value of the Lot on which it is drilled to any greater extent than does the existing well diminish the value of the Lot on which it is located. (3) No well shall be drilled in the front yard of any Structure on the Lot, nor shall it be located any closer than 100 feet from a residence. (4) In the event of any dispute concerning the drilling or location of a well on any Lot the dispute shall be submitted to the Association for resolution before resort to any legal action. Approval of the proposed well shall be by vote of at least 66 2/3% the membership excluding the vote attributable the Lot on which the proposed well will be situated.

F. Legal and Accounting. To obtain and pay the cost of legal, accounting, and other professional services necessary or proper to the maintenance and operation of the Project and the enforcement of the Project Documents.

G. Insurance. To obtain and pay the cost of insurance for the Project as provided in Section 8.1.

H. Bank Accounts. To deposit all funds collected from Owners pursuant to Articles VI and VII hereof and all other amounts collected by the Association as follows:
(1) All funds shall be deposited in a separate bank account (“general account”) with a bank located in the State of California. The Association shall keep accurate books and records regarding such account. The Association may use funds deposited in such account only for the purposes for which such funds have been collected.
(2) Funds which the Association shall collect for reserves for capital expenditures relating to the repair, maintenance, or improvement of the Common Improvements, and for such other contingencies as are required by good business practice, shall, within ten (10) days after deposit in the general account, be deposited into an interest-bearing account with a bank or otherwise prudently invested, which shall all herein be collectively referred to as the "reserve account." Funds deposited into the reserve account shall be held in trust and may be used by the Association only for the purposes for which such amounts have been collected.

18 Withdrawal of funds from the Association's reserve account shall require the signatures of the Board Treasurer and one other member of the Board.

I. Preparation and Distribution of Financial & Member Information. (1) Financial statements for the Association shall be prepared and distributed to all Members, regardless of the number of Members or the amount of assets of the Association, at least yearly. The Board shall also annually distribute, within sixty (60) days prior to the beginning of the fiscal year, a statement of the Association's policies and practices, if any, in enforcing its remedies against members for defaults in the payment of regular and special assessments, including the recording and foreclosing of liens against Member's Lots. (2) The Board shall cause to be kept adequate and correct books of accounts, a register of members, minutes of Board, and committee meetings, a record of all corporate acts, and other records as are reasonably necessary for the prudent management of the Project and to present a statement thereof to the members at the annual meeting of members, or at any special meeting when requested in writing by twenty percent (20%) of the voting power of Members. (3) The membership register (including names, addresses, and telephone numbers), books of account and minutes of meetings of the Board and of committees, shall be made available for inspection and copying by any Member of the Association, or by his/her duly appointed representative, at any reasonable time and for a purpose reasonably related to his interest as a Member, at the principal office of the Association or at such other place within the Project as the Board shall prescribe.

J. Statement of Status. To provide, upon the request of any Owner or mortgagor or mortgagee a written statement setting forth the amount, as of a given date, of any unpaid assessments, individual charges, or other debts or arrearages chargeable against any Owner or Lot. Such statements, for which a reasonable fee may be charged, shall be binding upon the Association in favor of any person who may rely thereon in good faith.

K. Architectural Control. To provide architectural control of the improvements of the Project as provided in Article X.

5.4 Obligations on Assignment by Declarant. Upon Declarant’s assignment of any of Declarant’s obligations in the Exchange & Development Agreement and / or Access Agreement to the Association, and as may be required by said agreements:
(1) the Association shall assume and comply with all obligations of Declarant and the Association as specified in the applicable provisions of the Exchange & Development Agreement and Access Agreement; (2) the Association shall assess Members for the full amount required to cover the full costs of the Declarant’s or the Association’s obligations under said agreements; (3) the provisions in this section

5.4 are not subject to amendment by the Association or its members or by any court;

19 and, (4) the City and the owners of the real properties more particularly described in Exhibit G attached hereto and incorporated herein by this reference, are third party beneficiaries of these subsections (1)-(4) of this section 5.4 as to their respective right, title, and interest in and to the lands owned by said parties that are affected by such obligations. Notwithstanding the preceding sentence, should the Association fail to exist as a separate legal entity, the collective owners of the Development Property shall be deemed the Association for purposes of this provision.

ARTICLE VI. ASSESSMENTS

6.1. Covenants for Assessments and Individual Charges. Declarant, for each Lot owned by Declarant, hereby covenants and agrees, and each Owner, by acceptance of a deed to a Lot, or by subsequent recorded acceptance of this Declaration, is deemed to covenant and agree for each Lot owned, whether or not it shall be expressly set forth in any such deed or other conveyance, to pay to the Association all regular assessments and all special and emergency assessments (collectively "assessments"), and all individual charges, to be established and collected as provided in this Declaration and in the other Project Documents, and to vest in the Association the right, power and authority to bring all actions for the collection of such charges and for the enforcement of the lien created hereby.

The right and power of the Association, and such obligation, shall run with the land so that each successive Owner or Owners of record of a Lot in the Project, or a property subsequently admitted to the Association, shall in turn become liable to pay all such assessments which shall become a lien thereon during the time they are the Owner of record of any Lot.

Each assessment levied by the Association under this article shall constitute a separate assessment. Each assessment, together with interest thereon, costs of collection and reasonable attorneys' fees incurred to enforce and/or collect any assessment, shall be a charge on the Lot and shall be a continuing lien upon the Lot against which each such assessment is made. The Association, as the agent of all Lot Owners, shall have a separate lien, and a separate lien with power of sale is hereby expressly created, upon each Lot against which an assessment is made to secure the payment of any assessment under this article. Each such lien for any particular assessment, including those paid in installments, shall likewise bear interest thereon if the same is not paid when due, and shall further include costs of suit and reasonable attorney's fees incurred to enforce and/or collect the same. The priority of all such liens shall be in inverse order so that any foreclosure sale pursuant thereto will be made subject to all liens securing the respective monthly charges on such Lot for preceding months. Each such assessment, together with interest and attorney’s fees and costs, shall become the distinct and personal obligation of the Lot Owner at the time the assessment was due and shall bind the Owner’s heirs, devisees, personal representatives,

20 successors, and assigns. However, the personal obligations for delinquent assessments shall not pass to an Owner's successor in title unless expressly assumed by such successive Lot Owner, but it may be foreclosed as herein provided. In the event of transfer of a Lot as a result of the exercise of the power of sale or judicial foreclosure involving a default under the first mortgage or deed of trust, the lien of assessments due and payable prior to such transfer shall be extinguished. No transfer of the Lot as the result of a foreclosure or execution of a power of sale shall relieve the new Owner, whether the former beneficiary of the first encumbrance or another person, from liability for any assessments thereafter coming due or from the lien thereof. No such assumption of personal liability by a successor Lot Owner shall relieve any previous Lot Owner of his personal liability for the delinquent assessment. After a record Lot Owner shall transfer, or record, title to a Lot, said Owner shall not be liable for any charge thereafter assessed against such Lot. A contract seller of any Lot shall continue to be liable for all such charges until a conveyance by such contract seller of the Lot subject to the assessment being recorded in the office of the County Recorder of the County of Mendocino, California.

6.2. Purpose of Assessments. The Board shall establish regular yearly assessments for the operation and maintenance of the Project. Regular assessments shall be due on the first day of the month following notice of the levy or as set forth in the notice of regular assessment.

The purpose of regular assessments is to raise funds necessary to pay the anticipated costs of operating the Project during the fiscal year and to accumulate reserves to pay costs anticipated in future years. Not less than ninety (90) days before the beginning of each fiscal year, the Board shall prepare or cause to be prepared, and distribute to each Owner, a proposed budget. The proposed budget shall be prepared consistently with the prior fiscal year's budget and shall include adequate reserves for contingencies and for maintenance, repairs and replacements of the Common Improvements or Association personal property likely to need maintenance, repair or replacement in the future.

Not more than ninety (90) days nor less than sixty (60) days before the beginning of each fiscal year, the Board shall meet for the purpose of establishing the budget and regular assessments for the forthcoming fiscal year. At such meeting, the Board shall review the proposed budget and written comments received and any other information available to it and, after making any adjustments that the Board deems appropriate, establish the budget and regular assessments for the forthcoming fiscal year. The regular assessment for each Lot may not be increased in any fiscal year more than twenty percent (20%) of the regular assessment for the preceding fiscal year, without the vote or written assent of Members constituting a quorum, casting a majority of the votes at a meeting of the Association’s Board.

6.3 Special Assessments. If the Board determines that the estimated total amount of funds necessary to defray the common expenses of the Association for a

21 given fiscal year is or will become inadequate to meet expenses for any reason, including, but not limited to, unanticipated improvements on the Common Improvements, the Board shall determine the approximate amount necessary to defray such expenses, and if the amount is approved by the Board, it shall become a special assessment. The Board may, in its discretion, provide for the payment in installments of such special assessment over the remaining months of the fiscal year or levy the entire assessment immediately against each Lot. Special assessments shall be due on the first day of the month following notice of their levy or as set forth in the notice of special assessment.

6.4 Emergency Assessments. Notwithstanding any other provision contained herein, the Board may increase assessments 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; b. an extraordinary expense necessary to repair or maintain the property, the Common Improvements, or any portion of the same, for which the Association is responsible where a threat to personal safety on the property is discovered;
c. an extraordinary expense necessary to repair or maintain the property, the Common Improvements, or any portion of the same, for which the Association is responsible that could not have been reasonable foreseen by the Board in preparing and distributing the pro forma operating budget.

However, prior to the imposition or collection or an assessment under this section, the Board shall pass a resolution containing written findings as to the necessity of the extraordinary expense involved and why the expense was not or could not have been reasonably foreseen in the budget process.

6.5 Individual Charges. Individual charges may be levied against a Member (i) as a monetary penalty imposed by the Association as a disciplinary measure for the failure of a Member to comply with the Project Documents, or (ii) as a means of reimbursing the Association for costs incurred by the Association for repair or damage to Common Improvements and facilities for which the Member was responsible, or to otherwise bring the Member and the Member’s Lot into compliance with the Project Documents. Such individual charges (other than reasonable late charges, interest, costs of collection and reasonable attorneys' fees related to the collection of assessments) shall not be enforceable through the lien provisions of the Project Documents.

6.6 Allocation of Regular and Special Assessments. Regular and special assessments (including Emergency Assessments) shall be levied against each Lot (and its Owner) equally, based on a fraction, the numerator of which is one (1) and the denominator of which is the total number of Lots in the Association.

Notwithstanding that, until the portion of the Development Property labeled

22 “Additional Development Area” on Exhibit A is finally reconfigured by Declarant, said area shall be assessed an equivalent of 5 Lots (one for each of the five prospective Lots to be configured in said area); provided, however, that for each Lot hereafter configured as a legal parcel in said area and sold by or at the direction of Declarant, the assessment(s) attributable to the Additional Development Area shall be reduced by the equivalent of one Lot.

6.7 Creation of the Assessments Lien; Personal Obligation for Assessments and Individual Charges. The assessments, together with late charges, interest, costs and reasonable attorneys' fees, shall be a charge and a continuing lien upon the Lot against which each assessment is made, the lien to become effective upon recordation of a notice of delinquent assessment.

All assessments and individual charges, together with late charges, interest, costs, and reasonable attorneys' fees incurred in enforcing and/or collecting delinquent assessments and individual charges, shall be the personal obligation of the Owner of such Lot at the time when the assessment or individual charges are due. If more than one Owner or entity was the Owner of a Lot at the time the assessment or individual charges became due, the personal obligation to pay each assessment and individual charge shall be joint and several. The personal obligation for delinquent assessments and individual charges shall not pass to any transferee unless expressly assumed by such transferee. No Owner may exempt himself from liability for an assessment or individual charge obligation by waiver of the use or enjoyment of any of the Project or its Common Improvements.

ARTICLE VII. ENFORCEMENT OF RESTRICTIONS

7.1 General. The Association or any Owner shall have the right to enforce compliance with the Project Documents in any manner provided by law or in equity, including, without limitation, the right to enforce the Project Documents by bringing an action for damages, an action to enjoin the violation or specifically enforce the provisions of the Project Documents, to enforce the liens provided for herein (except that no Owner shall have the right to enforce independently of the Association any assessment, individual charge or assessment lien created herein) and any statutory lien provided by law, including the foreclosure of any such lien and the appointment of a receiver for an Owner and the right to take possession of the Lot in the manner provided by law. In the event the Association or any Owner shall employ an attorney to enforce the provisions of the Project Documents, against any Owner, the prevailing party shall be entitled to reasonable attorneys' fees and costs in addition to any other amounts due as provided for herein. All sums payable hereunder by an Owner shall bear interest at the maximum rate permitted by law from the due date, or if advanced or incurred by the Association, or any other Owner pursuant to authorization contained in the Project Documents, commencing fifteen (15) days after repayment is demanded. All enforcement powers of the Association shall be cumulative. Failure by the Association or any Owner to enforce any covenant or

23 restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.

7.2 Specific Enforcement Rights. In amplification of, and not in limitation of, the general rights specified in Section 7.1 above, the Association shall have the following rights:

A. Enforcement by Sanctions.
(1) Limitations. The Association shall have no power to cause a forfeiture or abridgement of an Owner's right to the full use and enjoyment of that Owner’s Lot on account of a failure by the Owner to comply with provisions of the Project Documents except where the loss or forfeiture is the result of the of a foreclosure or sale under a power of sale for failure of the Owner to pay assessments levied by the Association.
(2) Disciplinary Action. The Association may impose reasonable monetary penalties, temporary suspensions of reasonable duration (not to exceed thirty (30) days per violation) of an Owner's voting rights as a Member of the Association, or other appropriate discipline for failure to comply with the Project Documents. Notwithstanding the foregoing, the Association shall have no right to interfere with an Owner's right of ingress to or egress from the Owner’s Lot or an Owner's otherwise lawful use of roads, water, sewer, or electrical services.

Before disciplinary action authorized under this sub-section may be imposed by the Association, the Owner against whom such action is proposed to be taken shall be given notice and the opportunity to be heard as follows: (a) the Board shall give written notice to the Owner at least fifteen (15) days prior to the meeting at which the Board will consider imposing disciplinary action. Such notice shall set forth those facts which the Board believes justify disciplinary action and the time and place of the meeting; (b) at such meeting the Owner shall be given the opportunity to be heard, including the right to present evidence, either orally or in writing, and to question witnesses; (c) the Board shall notify the Owner in writing of its decision within three (3) days of the decision. The effective date of any disciplinary action imposed by the Board shall not be less than eight (8) days after the date of said decision.

B. Suit to Collect Delinquent Assessment or Individual Charges. A suit to recover a money judgment for unpaid assessments or unpaid individual charges, together with late charges, interest, costs, and reasonable attorneys' fees, shall be maintainable by the Association. In the case of unpaid assessments, such suits shall be maintainable without foreclosing or waiving the lien securing such unpaid assessments.

C. Enforcement of Lien. If there is a delinquency in the payment of any assessment or installment on a Lot, any amounts that are delinquent, together with the late charges, interest (at the maximum rate permitted by

24 law), costs of enforcement / collection and reasonable attorneys' fees, shall be a lien against that Lot upon the recordation in the office of the County Recorder of a notice of delinquent assessment. The notice of delinquent assessment shall be signed by an authorized representative of the Association and shall state the amount of the delinquent assessment, a description of the Lot assessed, and the name of the record Owner(s).

The notice of delinquent assessment shall not be recorded unless and until the Board or its authorized representative has delivered to the delinquent Owner, not less than fifteen (15) days before the recordation of the notice of delinquent assessment, a written demand for payment, and the delinquency has not been cured within said fifteen (15) day period.

The Board or its authorized representative may record a notice of default and may cause the Lot with respect to which a notice of default has been recorded to be sold in the same manner as a sale is conducted under California Civil Code Sections 2924-2924h (or any successor statute(s)), or through judicial foreclosure.

As a condition precedent to the holding of any such sale under said code sections, the Board is authorized to appoint its attorney, any officer or director, or any title insurance company authorized to do business in California, as trustee for purposes of conducting the sale. If a delinquency, including assessments and other proper charges, is cured after recordation of the notice of delinquent assessment but before sale, or before completing a judicial foreclosure, the Board or its authorized representative shall cause to be recorded in the office of the county recorder a certificate setting forth the satisfaction of such claim and release of such lien. The Association, acting on behalf of the Owner, shall have the power to bid upon the Lot at foreclosure sale and to acquire, hold, lease, mortgage and convey the Lot.

D. Transfer by Sale or Foreclosure. In a sale or transfer of the Lot pursuant to this section, the personal obligation for delinquent assessment or individual charges shall not pass to the transferee unless expressly assumed by the transferee. The sale or transfer of any Lot shall not affect the assessment lien nor the right of the Association to impose a lien for assessments, which became due prior to such sale or transfer. However, the sale or transfer of any Lot pursuant to the exercise of a power of sale or judicial foreclosure involving a default under a first mortgage shall extinguish the lien and right to lien for assessments that became due prior to such sale or transfer. No transfer of the Lot as the result of a foreclosure or exercise of a power of sale shall relieve the new Owner, whether it be the former beneficiary of the first mortgagee or another person, from liability for any assessments or individual charges thereafter becoming due or from the lien thereof.

E. Waiver of Homestead Benefits. Each Owner to the extent permitted by law, waives, to the extent of any liens created pursuant to the Project Documents, the benefit of any homestead or exemption laws of California in effect at the time any assessment becomes due.

25 ARTICLE VIII. INSURANCE, DESTRUCTION, CONDEMNATION

8.1 Insurance. In addition to other insurance required to be maintained by the Project Documents, the Association shall obtain from generally accepted insurance carriers, and maintain in effect at all times, the following insurance.

A. Liability Insurance. The Association shall obtain and maintain comprehensive public liability insurance insuring the Association, the Board, the Declarant, Owners, occupants of Lots, their respective family members, guests, invitees, and the agents and employees of each, against any liability incident to the Ownership, use, improvement, repair, or maintenance of the Common Improvements and Lots and including, if obtainable, a cross-liability or severability of interest endorsement insuring each insured against liability to each other insured. The limits of such insurance shall not be less than One Million Dollars ($1,000,000), or the minimum amount required by the Project Documents, whichever is higher, covering all claims for death, personal injury and property damage arising out of a single occurrence. Such insurance shall include coverage against any liability customarily covered with respect to projects similar in construction, location, and use. Such policy may provide for a deductible limit of up to Five Hundred Dollars ($500).

B. Other Insurance. The Board shall purchase and maintain worker's compensation insurance, to the extent that law requires it, for all employees or uninsured contractors of the Association. The Board may also purchase and maintain fidelity bonds or insurance (which shall be in an amount not less than one hundred fifty percent (150%) of each year's estimated annual operating expenses and reserves and shall contain an endorsement of coverage for any person who may serve without compensation). The Board shall purchase and maintain insurance on personal property owned by the Association and any other insurance that it deems necessary or that is customarily obtained for projects similar in construction, location, and use.

C. Owner's Liability Insurance. An Owner may carry whatever personal and property damage and liability insurance with respect to his Lot that such Owner desires.

D. Owner's Fire Casualty and Extended Coverage Insurance. Each Owner shall obtain and maintain fire, casualty and extended coverage insurance for the full replacement value of all of the improvements on that Owner’s Lot. An Owner may insure personal property.

E. Officer and Director Insurance. The Association may purchase and maintain insurance on behalf of any director, officer, or member of a committee of the Association (collectively the “agents”) against any liability asserted against or incurred by the agent in such capacity or arising out of the agent’s status as such, whether or not the Association would have the power to indemnify the agent against such liability under applicable law.

26 F. Waiver of Subrogation. All casualty and liability insurance carried by the Association, or the Owners, shall contain provisions whereby the insurer waives rights of subrogation as to the Association, directors, officers, Declarant, Owners, their family, guests, agents, and employees.

G. Notice of Cancellation. All insurance carried by the Association shall require the insurer to notify any first mortgagor or mortgagee requesting such notice at least fifteen (15) days in advance of the effective date of any reduction or cancellation of the policy.

H. Annual Review of Policies. All insurance policies shall be reviewed at least annually by the Board in order to ascertain whether the coverage contained in the policies is adequate.

I. Payment of Premiums. Premiums on insurance maintained by the Association shall be a common expense funded by assessments levied by the Association.

8.2 Destruction.

A. Destruction Affecting Common Improvements. In the event of damage or destruction to any of the Common Improvements, the Board shall have the duty to repair and reconstruct them.
(1) Rebuilding Contract. It shall be the duty of the Board to take all steps necessary to assure the commencement and completion of authorized repair and reconstruction at the earliest possible date. Absent urgent or exceptional circumstances, the Board shall obtain bids from at least two (2) licensed contractors, and shall award the repair and reconstruction work to the most reasonable bidder. The Board shall have the authority to enter into a written contract with the contractor for the repair and reconstruction work and to compensate said contractor according to the terms of the contract. (2) Special Assessments to Rebuild. The Association may levy a special assessment against all Lot Owners to cover the cost of repair or reconstruction not covered by insurance proceeds or other funds.

B. Destruction Affecting Lots. If there is a total or partial destruction of a Lot or Structures on the Lot, the Owner thereof shall have the following options:
(1) The Owner shall rebuild or repair the Lot/Structures in substantial conformity with its appearance, design, and structural integrity immediately prior to the damage or destruction. Notwithstanding the foregoing, any Owner of an affected Lot/Structure may apply to the Board for approval to reconstruct the Lot/Structure in a manner that will provide for an exterior appearance and/or design which is different from that which existed prior to the date of the destruction. Application for such approval shall be made in compliance with Article XI herein; or

27 (2) The Owner shall clear all Sructures from the Lot and shall landscape it in a manner that is approved by the Board. Board approval shall not be unreasonably withheld. Failure to rebuild the Lot/Structure shall not relieve the Lot or its Owner from any assessment obligation. Rebuilding or landscaping shall be commenced within ninety (90) days of damage or destruction and diligently pursued to completion.

ARTICLE IX. MORTGAGEE PROTECTION

9.1 Mortgages Permitted. Any Owner may encumber that Owner’s Lot with mortgages.

9.2 Subordination. Any lien created or claimed under the provisions of this Declaration is expressly made subject and subordinate to the rights of any first mortgage that encumbers any Lot or other option of the Project, made in good faith and for value, and no such lien shall in any way defeat, invalidate, or impair the obligation or priority of such first mortgage unless the first mortgagee expressly subordinates his/her interest, in writing, to such lien.

9.3 Effect of Breach. No breach of any provision of this Declaration shall invalidate the lien of any mortgage made in good faith and for value, but all of the covenants, conditions, and restrictions shall be binding on any Owner whose title is derived through foreclosure sale, trustee's sale, or otherwise.

9.4 Non-Curable Breach. No mortgagee who acquired title to a Lot by foreclosure or by deed in lieu of foreclosure shall be obligated to cure any breach of this Declaration that is non-curable or of a type that is not practical or feasible to cure.

9.5 Right to Appear at Meetings. Any mortgagee may appear at meetings of the membership and the Board.

9.6 Right to Furnish Information. Any Owner and mortgagee of an Owner may request information from the Association associated with that Owner’s Lot.

9.7 Inapplicability of Right of First Refusal. The right of an Owner to sell, transfer, or otherwise convey that Owner’s Lot shall not be subject to any right of first refusal or similar restriction. No "right of first refusal" contained in the Project Documents shall impair the rights of the first mortgagee to: (a) foreclose or take title to a Lot pursuant to the remedies provided in the mortgage; or (b) accept a deed (or assignment) in lieu of foreclosure in the event of default by a mortgagor; or (c) sell or lease a Lot acquired by the mortgagee.

9.8 First Mortgagee Assessment Liability. Any first mortgagee who obtains title to a Lot pursuant to the remedies provided in the mortgage or foreclosure of the mortgage shall not be liable for such Lot's unpaid assessments of individual charges that accrue prior to the acquisition of title to such Lot by the mortgagee.

28 9.9 Taxes. First mortgagees of Lots may, jointly or singly, pay taxes or other charges which are in default and which may or have become a charge against the Common Improvements, if any are severable from the Lots, and may pay overdue premiums on hazard insurance policies, or secure new hazard insurance coverage on the lapse of a policy, and first mortgagees making such payments shall be owed immediate reimbursement therefore from the Association. Entitlement to such reimbursement shall be reflected in an agreement in favor of all first mortgagees of Lots duly executed by the Association, and Declarant shall possess an original or certified copy of such agreement.

9.10 Maintenance Reserves. Association assessments or charges shall include an adequate reserve fund for maintenance, repairs, and replacement of those elements of the Common Improvements which must be replaced on a periodic basis and shall be generally funded through regular assessments rather than through special assessments.

9.11 Notice of Default. A first mortgagee, upon request, shall be entitled to written notification from the Association of any default in the performance by the affected Lot Owner of any obligation under the Project Documents that is not cured within sixty (60) days.

9.12 Conflicts. In the event of a conflict between any of the provisions of the Article IX and any other provisions of this Declaration, the provisions of this Article IX shall control.

ARTICLE X. ARCHITECTURAL CONTROL

10.1 Approval of Alteration and Improvements.

A. General Limitation. Subject to the exceptions described at Section

10.1.B, no Improvements may be constructed, painted, or changed on any portion of the Project without prior written approval of the Board acting as an architectural control committee ("Committee").

B. Notwithstanding Section 10.1.A., no Board approval shall be required for: (i) initial improvements constructed by, at the direction of, or with the approval of Declarant, (ii) normal maintenance of exempt or previously approved improvements; (iv) changes to the interior of an exempt or previously approved Structure; (v) work reasonably required to be performed in an emergency for the purpose of protecting any person or property damage.

10.2 Architectural Control Committee.

A. Organization. The Committee shall be composed of all members of the Board.

B. Operation. The Committee shall meet from time to time as necessary to properly perform its duties hereunder. The requirements for valid Committee

29 meetings and action shall be the same as that which is required for valid Board meetings and action as provided in the Bylaws. The Committee shall keep and maintain a record of all actions from time to time taken by the Committee at meetings or otherwise, and shall maintain files of all documents submitted to it.

Unless authorized by the Association, the members of the Committee shall not receive any compensation for services rendered. All members of the Committee shall be entitled to reimbursement by the Association for reasonable expenses incurred by them in connection with the performance of their duties.

C. Duties. The Committee may adopt architectural control guidelines ("guidelines") as provided in Section 10.3 and shall perform other duties imposed upon it by the Project Documents.

The address of the Committee shall be the principal office of the Association as designated by the Board. Unless otherwise indicated by the Committee, such address shall be the place for the submittal of plans and specifications and the place where current copies of the guidelines shall be kept.

10.3 Architectural Standards, Guidelines.

A. Committee Guidelines. The Board may, from time to time, amend the architectural guidelines prospectively if approved by the majority of the Board members. Said guidelines shall interpret and implement the provisions of this Article X by setting forth more specific standards and procedures for Committee review. All guidelines shall be in compliance with all applicable laws and regulations of any governmental entity having jurisdiction over improvements on the Project, shall incorporate high standards of architectural design and construction engineering, shall be in compliance with the minimum standards of Section 10.3.B and otherwise shall be in conformity with the purpose and provisions of the Project Documents.

A copy of the current guidelines shall be available for inspection and copying by any Member at any reasonable time during business hours of the Association.

B. On-Site Construction Standards. The following on-site construction standards shall apply to any Improvements constructed, altered, repaired, moved, wrecked, demolished, excavated, planted, painted or installed on the Project or any portion thereof:
(1) All Improvements shall be constructed, painted and changed in compliance with the relevant provisions (including proper amendments thereto) of governing agencies and, additional, Ukiah City Code Sections 9135- 9139—as determined by Declarant or the Association or the Committee before annexation by the City of the Development Property and, upon annexation, by the City.
(2) All Improvements shall be constructed, painted, and changed in compliance with the applicable zoning laws, building codes, subdivision restrictions, and all other laws, ordinances, and regulations applicable to Project Improvements.

30 (3) All Structures within any Lot shall be located within the building setbacks as required by applicable zoning laws and in accordance with Ukiah City Code Sections 9135-9139—as determined by Declarant or the Association or the Committee before annexation by the City of the Development Property and, upon annexation, by the City.
(4) All such structures shall be located so as to bear an overall relation to the adjacent properties and so as to create an aesthetically pleasing overall appearance.
(5) All Lots shall be landscaped in the front of the residence with a combination of trees, shrubs, ground cover, lawn, natural vegetation, or limited decorative rock, bark, and similar material. Berms may be utilized so long as they do not disrupt proper drainage within the Project. Landscaping shall be designed so as to complement and harmonize with the natural terrain and vegetation, shall be consistent with generally accepted, customary and conventional landscape designs, and shall take into consideration the visual impacts of all construction undertaken on the Lot. Stone, gravel, concrete, and similar materials shall be used for complementary and supplementary purposes and no Lot or building pad area shall be covered in its entirety or substantial entirety with such material (6) All exterior and decorative lighting shall be, whenever possible, placed in such a manner that the source of the light is not visible to adjacent portions of the Project. Colored landscape lighting is prohibited. All solar collection devices shall be integrated aesthetically and screened as much as possible from adjacent portions of the Project.
(7) All fences, including the location, style, material, color, height and function thereof, shall be subject to the written approval of the Committee prior to the installation thereof. The Committee shall consider the topography of the land and the maintenance of its use before granting or denying approval.

Chain link fences shall be permitted only when there is sufficient landscaping to effectively screen said fence and then only if no other fencing alternative is economically available. The Lot Owner shall maintain the fences erected in good condition and repair. If the Owner fails or refuses to keep the Owner’s fences in good repair and condition, the Association shall have the right, after notice, to enter upon said Lot and perform such work as may be necessary to fulfill the requirements of this section, charging the cost thereof to the Lot Owner. (8) In reviewing proposed Improvements for approval, the Committee shall consider at least the following:
a. Does the proposed Improvement conform to the purposes and provision of the Project Documents?
b. Is the proposed Improvement of a quality of workmanship and materials comparable to other improvements that are proposed or existing on the Project?

31 c. Is the proposed Improvement of a design and character harmonious with proposed or existing Improvements and with the natural topography in the immediate vicinity?
d. Will the proposed Improvement unreasonably interfere with or otherwise impair the view or solar access or other portions of the Project?
C. Basic Structural Requirements.
(1) Type and Character Design. Exterior design in each case shall be compatible with the overall atmosphere of the Project and shall be subject to approval by the Committee, in its sole discretion. Decisions of the Committee shall be final.
(2) Building Exteriors. All building exteriors and roofs, including textures, materials, and painting/staining, must be set forth in the plans and specifications submitted to the Committee and approved in writing by the Committee prior to construction. All exterior wood siding shall be natural, painted, or stained, consistent with the overall appearance of the Project unless otherwise approved by the Committee. Any proposed paint/stain samples shall be submitted with the plans and specifications. Careful consideration of the adjacent and surrounding property, as well as the overall community appearance, will be the basis for approval of denial of such painting/staining schemes. (3) Size Requirements. No residence shall be erected on and Lot having a total floor area of the main structure being less than 3,000 square feet.

Said total floor area measures is exclusive of open porches, garages, patios, exterior stairwells, accessory dwelling units, and landings. If compliance with Ukiah City Code Sections 9135-9139 renders the provisions of this sub-division C.(3) unreasonable in application, the Association may approve a variance of this provision as it deems reasonably appropriate.
(4) New Material Only and New Structures Only. No second hand materials shall be used in the construction of any buildings or Structures other than as frame material, without the prior written approval of the Committee, and all building and fences that are of frame construction shall be painted/stained with at least two coats upon completion. No buildings of any kind shall be moved from any other place to any of the Lots, or from one Lot to another without the prior written consent of the Committee. (5) Height Limitations. No building shall be a greater height than that permitted under the zoning ordinances and building codes of the County of Mendocino or City of Ukiah, as applicable. No building shall have a finished floor height greater than 3 feet higher than the highest point on the Lot.

32 (6) Roof Design, Pitch and Materials. Not less than three and onehalf and no more than twelve pitch roofs for residential structures shall be used.

No flat roofs or rock roofs shall be permitted except where the design concept in the opinion of the Committee is not detrimental to the environmental character of the adjacent property or the community. Only fire retardant roofing material shall be used and shall otherwise meet all requirements set by the governing agencies. The Committee shall, prior to construction, approve the quality and variety of the material.
(7) Concrete Work. All front yard concrete work shall be seated with rock unless, in the opinion of the Architectural Control Committee, such seating would serve no useful purpose.
(8) Fire Sprinkler System. Each structure on any Lot shall be equipped with a fire sprinkler system approved by the County of Mendocino or City of Ukiah, as applicable.
(9) No Modular Home. No modular or manufactured homes shall be permitted.

10.4. Committee Approval Process.

A. Approval Process. Any person proposing to construct, paint, stain, or change any Improvement on the Project that requires the prior approval of the Committee shall apply to the Committee in writing for approval of the work to be performed and the time scheduled for performing such work. The Committee may charge an applicant a reasonable fee for application review.

In the event additional plans and specifications for the work are required by the Committee, the applicant shall be notified of such requirements within thirty (30) days of receipt by the Committee of the initial application or the application shall be deemed sufficiently submitted as of that date. If timely notified, the applicant shall submit additional plans and specifications for the proposed work in the form and content reasonable required by the Committee and the application shall not be deemed sufficiently submitted until that date. Such plans and specifications may include, but shall not be limited to, depictions of the nature, kind, shape, color, size, materials and location of any Structures, plants, trees, shrubs, and other proposed landscaping or Improvements.

B. Review and Approval. Upon sufficient submission of an application for Committee review, the Committee shall proceed expeditiously to review all of the documents to determine whether the proposed work is in compliance with the provisions and purposes of the Project Documents and all guidelines of the Committee in effect at the time the documents are submitted. In the event the Committee fails to approve an application, it shall notify the applicant in writing of the specific matter to which it objects. In the event the Committee fails to notify the applicant of the action taken by the Committee within thirty (30) days after sufficient submission of the application, the application shall be deemed

33 approved. The Committee, as a permanent record, shall retain one set of plans as finally approved.

C. Commencement, Completion or Approved Work. After obtaining Committee approval of any Improvements, all plans for construction requiring a permit by the County of Mendocino and/or City of Ukiah, as applicable, shall be submitted to the appropriate agency together with the required fees. Upon receipt of the approval of the Committee and issuance of a building permit by the applicable governing agency(ies), the applicant shall proceed to have the work commenced and diligently and continuously pursued to completion in substantial compliance with the approval of the Committee and the governing agency(ies), including all conditions imposed by them. The approval of the Committee shall be effective for a period of six (6) months after the date of the approval, subject to the right of the Committee to provide for a shorter or longer period upon showing of good cause. In the event the approved work is not commenced within the effective period of the approval, then the applicant, before commencing any work, shall be required to resubmit an application for the approval of the Committee.

All approved work shall be completed within six (6) months after the date of commencement, or such other reasonable period specified by the Committee at the time of approval, with the period of time subject to extension by the number of days that work is delayed by cause not under the control of the applicant or the applicant’s contractor or as otherwise extended by the Committee. Upon completion of approved work, the applicant shall give written notice thereof to the Committee.

If, for any reason, the Committee fails to notify the applicant of any noncompliance within sixty (60) days after receipt of said notice of completion from the applicant, the Improvement shall be deemed to be completed in accordance with the approved plans.

D. Inspection, Non-Compliance. The Committee, or any authorized representative, shall have the right at any reasonable time, after reasonable notice to the Owner thereof, to enter upon any portion of the Project for the purpose of determining whether or not any work is being performed or was performed in compliance with the Project Documents and the approved plans.

If at any time the Committee determines that work is not being performed or is based on a failure to apply for or obtain approval, a failure to comply with approval, a failure to timely commence or complete approved work, or otherwise, the Committee shall notify the Owner in writing of such noncompliance within a reasonable period.

In the event the Owner fails to remedy such non-compliance within the specified period, the Board shall, subject to the notice and hearing requirements of Section

7.2.A (2), have the duty and right to remedy the non-compliance in any appropriate manner permitted by the Project Documents or otherwise permitted by law, or in equity, including but not limited to removing the non-complying

34 improvements, correcting the non-complying improvement, or completing the noncompliance or non-completion on the property, as appropriate. The Owner shall have the obligation to reimburse the Association for any costs incurred in enforcing these provisions (including attorney's fees, court costs, expert fees, and all other expenses incurred in relation thereto) and if the Association is not reimbursed upon demand, the Board shall have the right to individually charge the cost thereof to such Owner.

10.5 Estoppel Certificate. Within thirty (30) days after written demand is delivered to the Committee by any Owner or mortgagee, and upon payment to the Association of a reasonable fee (as fixed from time to time by the Board), the Committee shall execute and deliver in recordable form, if requested, an estoppel certificate executed by any two of its members, certifying, with respect to any Lot of said Owner or mortgagee, that as of the date thereof, either (i) all Improvements made and other work done upon or within said Lot comply with the Project documents, or (ii) such work or improvements do not so comply in which event the certificate shall also identify the non-complying Improvements or work and set forth with particularity the basis of such non-compliance. Such statements shall be binding upon the Association and Committee in favor of any person who may rely thereon in good faith.

10.6 Liability. Neither the Declarant, the Committee, the Board, nor any member thereof shall be liable to the Association, to any Owner, or to any third party for any damages, loss, or prejudices suffered or claimed on account of (i) the approval or disapproval of any plans, drawings and specifications, whether or not effective, (ii) the construction or performance of any work, whether or not pursuant to approved plans, drawings, and specifications, (iii) the development of any property within the Project, (iv) the execution and the filing of an estoppel certificate pursuant to Section 10.5, or (v) the execution and filing of a notice of non-compliance or non-completion pursuant to Section 10.4.D, whether or not the facts therein are correct, if the Declarant, the Board, the Committee or such member has acted in good faith on the basis of such information as may be possessed by them. Specifically, but not by way of limitation, it is understood that plans and specifications are not approved for engineering design or for compliance with governing agency standards and regulations and, by approving such plans and specifications, neither the Committee, the members thereof, the Association, the members, the Board, nor the Declarant assume liability or responsibility, and shall have no liability, for any defect, error, or non-compliance, however characterized, in the plans and specifications or in any Structure constructed from such plans and specifications.

ARTICLES XI. GENERAL PROVISIONS

11.1 Limitations or Restrictions. Declarant is undertaking the work of developing Lots for sale and incidental improvements within the Project. The completion of that work and the sale, rental or other disposal of said Lots is essential to the establishment and welfare of said property as a residential development. In order

35 that said work may be completed and said Project be established fully occupied as rapidly as possible, nothing in this Declaration shall be understood or construed during the period of time during which the Declarant has an interest in the property or eighteen (18) months from the date of the conveyance of the first Lot by Declarants, whichever is earlier, to:

A. Prevent Declarant, its contractors, or subcontractors from obtaining reasonable access over and across the Common Improvements of the Project or from doing within any Lot or any portion of the Project, including property annexed thereto, whatever is reasonably necessary or advisable in connection with the completion of said work; or
B. Prevent Declarant or its contractors or its representatives from erecting, constructing, and maintaining on any part or parts of the Project, including property annexed thereto, such structures as may be reasonably necessary for the conduct of its business and disposing of parcels by sale, lease, or otherwise; or
C. Prevent Declarant from conducting on any part of the Project, including property annexed thereto, its business, of establishing said Project as a private, gated, community of up to 7 residential Lots within the Development Property, and of disposing of the Lots by sale, lease, or otherwise; or D. Prevent Declarant from maintaining such signs within the Project, including property annexed thereto, as may be necessary for the sale, lease, or other disposition of the Lots therein; or property annexed thereto, as may be necessary for the sale, lease, or other disposition of the Lots therein; or E. Prevent Declarant from maintaining model dwellings, sales offices, storage facilities, or such related facilities in any Lot within the Project necessary or reasonable in the opinion of Declarant for sale or disposition of the Lots; or,

11.2 Annexation. The Development Property is, as described above, subject to annexation by the City of Ukiah. Annexation otherwise of real property to the existing Project may be made by the Association upon the vote or written assent of not less than sixty-six and two-thirds percent (66-2/3%) of the total votes residing in members.

11.3 Notices. Notices provided for in the Project Documents shall be in writing and shall be deemed sufficiently given when delivered personally or forty-eight (48) hours after deposit in the United States mail, postage prepaid, addressed to an Owner at the last address such Owner designated to the Association for delivery of notices, or in the event of no such designation, at such Owner's last known address, or if there be none, at the address of the Owner's Lot. Notices to the Association shall be addressed to the address designated by the Association on written notice to all Owners.

36 11.4 Notice of Transfer. No later than five (5) days after the sale or transfer of any Lot whereby the transferee becomes the Owner thereof, the transferee shall notify the Association in writing of such sale or transfer. Such notice shall set forth: (i) the Lot involved; (ii) the date of sale. Unless and until such notice is given the Association shall not be required to recognize the transferee for any purpose, and any action taken by the transferor as an Owner may be recognized by the Association. Prior to receipt of any such notification by the Association, all communications required or permitted to be given by the Association shall be deemed duly given and made to the transferee if duly and timely made and given to such transferee's transferor.

11.5 Headings. The headings used in this Declaration are for convenience only and are not to be used to interpret the meaning of any of the provisions of this Declaration.

11.6 Severability. The provisions of this Declaration shall be deemed independent and severable, and invalidity or partial invalidity or unenforceability of any provision or provisions shall not invalidate any other provisions.

11.7 Exhibits. All exhibits referred to are incorporated herein by such reference.

11.8 Easements Reserved and Granted. Any easements referred to in this Declaration shall be deemed reserved or granted, or both reserved and granted, by reference to this Declaration in a deed to any Lot. Neither this provision nor anything in this Declaration shall deemed to provide the exclusive manner in which the reservation or grant of easements, or both, may derive or exist.

11.9 Binding Effect. This Declaration shall inure to the benefit of and be binding on the successors and assigns of the Declarant, and the heirs, personal representatives, grantees, tenants, successors and assigns of any Owner.

11.10 Delivery of Project Documents to Transferee. Prior to the transfer of title to a Lot, the transferor (and if the City is the transferor of record, the Declarant) shall provide to the prospective transferee a copy of the Project Documents and such other documents and information as are required by law.

11.11 Termination of Declaration. This Declaration shall run with the land and shall continue in full force and effect for a period of fifty (50) years from the date on which this Declaration is executed. After that time, this Declaration and all its covenants and other provisions shall be automatically extended for successive ten (10) year periods unless this Declaration is revoked by an instrument executed by Owners of not less that sixty-six and 2/3 percent (66 2/3%) of Lots in the Project, and recorded in the office of the county recorder within one (1) year prior to the end of said fifty-year period or any succeeding ten-year period.

37 ARTICLE XII. AMENDMENT

12.1 Amendment Prior to First Conveyance. Until the first conveyance of a Lot in the Project, Declarant shall have the right to amend this Declaration. A conveyance of a Lot or any portion of the Development Property to the City shall not be deemed a conveyance under this provision.

12.2 Amendments After First Conveyance. Subject to Section 12.1, after the first conveyance of a Lot in the Project, this Declaration shall be amended upon the vote or written assent of a majority of the total voting power of the Association. A conveyance of a Lot or any portion of the Development Property to the City shall not be deemed a conveyance under this provision.

12.3 Amendment Instrument. An amendment shall become effective when it has received the required approvals and the Declarant—or once formed the secretary of the Association—has executed, acknowledged and recorded in the office of the county recorder, an instrument expressing the amendment and certifying that the required approvals were received.

12.4 Revocation. The right and power to amend the Project Documents shall include the right and power to revoke them, except that any amendment of the Exchange & Development Agreement and Access Agreement shall comply with the provision for amendment found in said agreements.
[Signature page follows]

EXHIBIT A

EXHIBIT B

EXHIBIT B
(Hull, D&J Investments)
All that certain property situated in the County of Mendocino, State of California, more particularly described as follows:

All those properties located within Sections 19 and 30, Township 15 North, Range 12 West, and within Sections 25 and 26, Township 15 North, Range 13 West, Mount Diablo Meridian, described in the following nine instruments:

1. Instrument No. 2021-10029, Mendocino County Records, D&J Investments, LLC

2. Instrument No. 2021-15566, Mendocino County Records, D&J Investments, LLC

3. Instrument No. 2021-15567, Mendocino County Records, D&J Investments, LLC

4. Instrument No. 2020-08216, Mendocino County Records, Hull

5. Instrument No. 2021-10034, Mendocino County Records, D&J Investments, LLC

6. Instrument No. 2021-10033, Mendocino County Records, D&J Investments, LLC

7. Instrument No. 2021-10032, Mendocino County Records, D&J Investments, LLC

8. Instrument No. 2021-10031, Mendocino County Records, D&J Investments, LLC

9. Instrument No. 2020-18046, Mendocino County Records, Hull, EXCEPTING THEREFROM all that portion land described in Instrument No. 2020-18046 that was granted from Hull to the City of Ukiah by way of Instrument No. 2020-18047.

EXHIBIT B

EXHIBIT C

EXHIBIT D

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EXHIBIT E

Road

EXHIBIT G

Final Conditions of Approval
Western Hills Open Land Acquisition & Limited Development Agreement Project File No.: 20-5915
1 EXHIBIT G

FINAL CONDITIONS OF APPROVAL FOR

THE UKIAH WESTERN HILLS OPEN LAND ACQUISITION &

LIMITED DEVELOPMENT AGREEMENT PROJECT, INITIAL STUDY AND MITIGATED

NEGATIVE DECLARATION, AND ORDINANCE FOR PREZONING
FILE NO.: 20-5915.

The following Conditions of Approval shall be made a permanent part of the Lot Line Adjustments, Development Agreement, site improvements, prezoning and annexation associated with the Ukiah Western Hills Open Land Acquisition & Limited Development Agreement Project, shall remain in force regardless of property ownership, and shall be implemented in order for this entitlement to remain valid.

Project Summary. The Ukiah Western Hills Open Land Acquisition & Limited Development Project includes the following components: 1) Acquisition and annexation of approximately 707 acres into the City of Ukiah limits; 2) Prezoning the parcels to PF and R1-H (and associated Zoning Map and General Plan Map Amendments upon approval of the annexation application); 3) Sequential Lot Line Adjustments to reconfigure the existing parcels into seven lots (“Development Parcels”) for future potential development; 4) Development Agreement between Hull Properties and the City allowing up to one single-family home and one accessory dwelling unit on each Development Parcel (14 units total); and 5) site improvements including extension of utilities, road improvements, and construction of the water tanks.

The Project includes several parcels located within unincorporated Mendocino County within the Ukiah Western Hills referred to as the “Hull Properties” (APNs 001-040-83, 157-070-01, 157-070- 02, 003-190-01, 157-050-09, 157-060-02, 157-050-02, 157-050-04, 157-050-01, 157-030-02, 157-030-03, 157-050-11 & 157-050-12); “Noguera Properties” (APNs 003-190-09 & 003-110-90); and the City-owned “Donation Parcel” (APNs 157-050-03,157-060-003).

The following Conditions of Approval apply to the Project.

City of Ukiah Special Conditions

1. Approval of the Project is contingent upon City Council approval of the Development Agreement, which includes an easement, road access and maintenance agreement.

2. In accordance with LAFCo-adopted procedures, and as required under the Development Agreement, the City will submit its annexation application to the Mendocino County Local Agency Formation (LAFCo), after it acquires title to the Annexation Parcels, and upon City Council approval of the Proposed Project.

3. An application for annexation and prezoning shall be approved by the Mendocino County Local Agency Formation Commission (LAFCo) prior to the prezoning becoming effective.

Prezoning will also require a General Plan Map Amendment and Zoning Map Amendment, upon approval of the annexation application.

4. Upon approval of the annexation application, a copy of the final Lot Line Adjustment shall be provided to the City Engineer for final review before recordation. The final map shall conform to the Subdivision Map Act and Division 9, Chapter 1 of the Ukiah Municipal Code, as applicable. A copy of the recorded Lot Line Adjustment shall be submitted to the

Final Conditions of Approval
Western Hills Open Land Acquisition & Limited Development Agreement Project File No.: 20-5915
2 Community Development Department prior to submittal of a Use Permit for single family housing within the Development Parcels located within the City’s jurisdiction.

5. In accordance with the terms described in the Development Agreement, Hull shall have the option to withdraw the Hull Development Parcels from the City’s annexation application, if LAFCo has failed to approve the annexation within one (1) year from the date the Executive Officer of LAFCo accepts the application as complete.

6. The Initial Study and Mitigated Negative Declaration prepared for the Project (SCH No. 2021040428) found that construction and ground disturbing activities associated with the Development Agreement, future residential development, and site improvements could result in direct significant impacts to Air Quality, Biological Resources, Cultural/Tribal Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Hydrology and Water Quality, Noise, Utilities and Service Systems, and Wildfire. However, the mitigation measures identified within the Mitigation Monitoring and Reporting Program (Attachment A) shall be implemented as described to reduce potential environmental impacts. These mitigation measures shall apply to all future ground disturbing activities and development (including residential development), as described further in the Mitigation Monitoring Reporting Program.

7. Future residential development of the Development Parcels shall be in accordance with the Hillside Overlay Zoning District regulations contained within UCC Sections 9135-9139.

All future development shall require discretionary review and may require additional environmental review. Additional project-specific Conditions of Approval may be required upon review by City departments and applicable agencies.

8. In accordance with the terms described in the Development Agreement, Hull shall retain the right to develop Development Parcels 1-3 prior to annexation. Single-family homes on Development Parcels 1-3 shall be constructed to R1-H standards by including them in the Declaration of Covenants, Conditions, and Restrictions (CC&Rs). In addition, the mitigation measures contained within the ISMND for residential development shall also be included in the CC&Rs and implemented for Development Parcels 1-3 if developed prior to annexation.

9. If development of Development Parcels 1-3 occurs after annexation, development shall comply with all R1-H development standards and be subject to discretionary review, in accordance with the City’s Hillside Overlay District.

10. The Developer shall obtain regulatory permits, including but not limited to a 401 Water Quality Certification, California Department of Fish and Wildlife Lake and Streambed Alteration Agreement, etc., if work is proposed to the existing culverts, or in and around any watercourses in the future, in accordance with existing regulatory requirements.

11. The water tanks shall be painted green or a similar color to blend into the landscape.

12. An address assignment application shall be submitted to assign addresses to the proposed Development Parcels at the time of development.

City of Ukiah Standard Conditions

13. City Council approval is not effective until the 10-day appeal period applicable to the project has expired without the filing of a timely appeal. If a timely appeal is filed, the project is subject to the outcome of the appeal and shall be revised as necessary to comply

Final Conditions of Approval
Western Hills Open Land Acquisition & Limited Development Agreement Project File No.: 20-5915
3 with any modifications, conditions, or requirements that were imposed as part of the appeal.

14. All use, construction and the location thereof, or occupancy, shall conform to the application and to any supporting documents submitted therewith, including any maps, sketches, or plot plans accompanying the application or submitted by applicant in support thereof.

15. Any construction shall comply with the "Standard Specifications" for such type of construction now existing or which may hereafter be promulgated by the Engineering Department of the City of Ukiah; except where higher standards are imposed by law, rule, or regulation or by action of the Planning Commission such standards shall be met.

16. The Applicant shall submit verification of all applicable permits or approvals in compliance with all local, state and federal laws to the Community Development Department prior to issuance of building permits.

Department of Public Works

17. Future residential development and site improvements (including road and access improvements) shall be reviewed by the Department of Public Works to identify sitespecific requirements.

18. Construction projects that would disturb more than one acre of land, would be subject to the requirements of General Construction Activity Stormwater Permit (Construction General Permit Order 2009-0009-DWQ, also known as the CGP), which requires operators of such construction sites to implement stormwater controls and develop a Stormwater Pollution Prevention Plan (SWPPP) identifying specific BMPs to be implemented to reduce the amount of sediment and other pollutants associated with construction sites from being discharged in stormwater runoff.

19. Applicable City water and sewer connection fees shall be paid at the time of building permit issuance.

20. All work within the public right-of-way shall be performed by a licensed and properly insured contractor. The contractor shall obtain an encroachment permit for work within this area or otherwise affecting this area. Encroachment permit fee shall be $45 plus 3% of estimated construction costs.

Electric Utility Department

21. A 10-ft. utility easement for any underground distribution extended into the parcel beyond the existing PUE shall be required. Prior to recordation of the Lot Line Adjustment easements must be surveyed and deeded or defined on the map. Alterations to the 10-ft. utility easement shall be submitted to the COUEUD for approval.

22. Upon individual parcel development, additional easements may be required to provide electric service.

23. Future site improvements shall be submitted to the Electric Utility Department for review and comment. Construction requirements and associated developer costs will be determined to provide electric service.

24. Developer shall incur all costs of project, to include labor, materials, and equipment.

Final Conditions of Approval
Western Hills Open Land Acquisition & Limited Development Agreement Project File No.: 20-5915
4 Building Division

25. Submit plans and building permit application. Please submit four complete plan sets, two wet stamped and signed. All Conditions of Approval shall be printed on the first page of the Building Plans.

26. The design and construction of all site alterations shall comply with the current California Building Code, Plumbing Code, Electrical Code, California Mechanical Code, California Fire Code, California Energy Code, Title 24 California Energy Efficiency Standards, California Green Building Standards Code and City of Ukiah Ordinances and Amendments.

Ukiah Valley Fire Authority

27. All access improvements, roadways and residential development shall be reviewed by the Fire Marshall and adhere to all current local, state and federal fire regulations relating to access and safety, including but not limited to: California Building Code, Chapter 7A (Materials and Construction Methods for Exterior Wildfire Exposure, including Wildland Urban Interface regulations); California Residential Code, Section R337 (Materials and Construction Methods for Exterior Wildlife Exposure); California Referenced Standards Code, Chapter 12-7A (Fire Resistive Standards); California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 3 (Fire Hazard Reduction Around Buildings and Structures); and California Government Code, Section 51182 (Very High Fire Hazard Severity Zones).

In addition, Public Resources Code Sections 4290 and 4291 contain additional requirements for lands within Very High Fire Severity Zones. These include the following in order to provide defensible space and fire protection for new construction and ensure adequate emergency access: increased property line setbacks for all applicable construction; on-site water storage for fire protection, driveway/roadway types and specifications based on designated usage; all weather driveway/roadway surfaces being engineered for 75,000lb vehicles; maximum slope of 16%; turnout requirements; gate requirements and setbacks, parking standards, fuels reduction regulations, etc.

Final Conditions of Approval
Western Hills Open Land Acquisition & Limited Development Agreement Project File No.: 20-5915
5 ATTACHMENT A

UKIAH WESTERN HILLS OPEN LAND & LIMITED DEVELOPMENT AGREEMENT PROJECT

MITIGATION MONITORING REPORTING PROGRAM
Potential Impact Mitigation Measure Implementation
Responsibility
Monitoring &
Reporting
Responsibility
Timing Date
Implemented
Construction and
ground disturbing
activities could
result in shortterm impacts to
air quality.

AQ-1: Diesel Engines – Stationary and Portable
Equipment and Mobile Vehicles:

1. Any stationary onsite diesel IC engines 50
horsepower or greater (i.e. large power
generators or pumps) or any propane or natural
gas engines 250 horsepower or greater may
require a permit from the District.

2. Portable diesel powered equipment that may be
used during the proposed project are required to
be registered with the state Portable Equipment
Registration Program (PERP) or obtain permits
from the District.

3. Projects located adjacent to sensitive receptors
(schools, child care facilities, health care facilities, senior facilities, businesses, and residences, etc.)
during the construction phase of this project have
the potential for exposure to diesel particulate.

4. Heavy duty truck idling and off-road diesel
equipment or other diesel engine idling is limited
to less than 5 minutes.

Developer Developer
During
construction
and ground
disturbing
activities
AQ-2: Grading Projects- During Construction-All
grading activities must comply with the following
fugitive dust mitigation measures in accordance with
District Regulation 1, Rule 1-430:

1. All visibly dry disturbed soil road surfaces shall be watered to minimize fugitive dust emissions.

Developer Developer
During
construction
and ground
disturbing
activities

Final Conditions of Approval
Western Hills Open Land Acquisition & Limited Development Agreement Project File No.: 20-5915
6 2. All unpaved surfaces, unless otherwise treated
with suitable chemicals or oils, shall have a
posted speed limit of 10 mph.

3. Earth or other material that has been transported
by trucking or earth moving equipment, erosion
by water, or other means onto paved streets shall
be promptly removed.

4. Asphalt, oil, water, or suitable chemicals shall be
applied on materials stockpiles, and other
surfaces that can give rise airborne dusts.

5. All earthmoving activities shall cease when
sustained winds exceed 15 mph.

6. The operator shall take reasonable precautions
to prevent the entry of unauthorized vehicles onto
the site during non-work hours.

7. The operator shall keep a daily log of activities to control fugitive dust.

8. For projects greater than one acre or one mile of
road not located within a Naturally Occurring
Asbestos Area, prior to starting any construction
the applicant is required to:

1. Submit a Large Area Grading permit
application to the District.

2. Obtain a final determination from the Air
Quality Management District as to the need
for an Asbestos Dust Mitigation Plan and/or
Geologic Survey to comply with CCR
sections 93106 and 93105 relating to
Naturally Occurring Asbestos.

3. Obtain written verification from the District
stating that the project is in compliance with
State and Local regulations relating to
Naturally Occurring Asbestos.

4. If the project is located within a Naturally
Occurring Asbestos Area, additional
mitigations shall be required.

Final Conditions of Approval
Western Hills Open Land Acquisition & Limited Development Agreement Project File No.: 20-5915
7 AQ-3: Property Development-Prior to starting any
construction, the applicant is required to:
a. Obtain a Property Development Permit from the
District for any open outdoor burning.
b. Obtain a Grading Permit, if applicable.
c. Confirm whether the project is in a Naturally
Occurring Asbestos Area, and follow additional
MCAQMD recommendations, if applicable.
d. Consider alternate means of disposal other than
open burning, such as cutting the majority of the
larger material up as firewood, and chipping
smaller material, if feasible to mitigate impacts
from open outdoor burning.
e. Obtain written verification from the MCAQMD
stating that the project is in compliance with State
and Local regulations.

Developer Developer Prior to
construction
Biological Resources
Construction
and ground
disturbing
activities could
result in impacts
to sensitive
plant species
and sensitive
woodland tree
habiat
BIO-1: Sensitive Trees. If trees are proposed for
removal, preconstruction surveys shall be conducted
by a qualified biologist to identify Oregon white oak
forest and woodland, as well as California bay forest
and woodland habitat; removal of sensitive habitat
shall be conducted in accordance with California
Department of Fish and Wildlife (CDFW) regulations.

Qualified
Biologist Developer
Prior to
ground
disturbing
activities
Construction and
ground disturbing
activities could
impact Red-belly
newt, and other
special status
amphibians and
their habitat
BIO-2: Sensitive Amphibian Species. A qualified
biologist shall survey the area prior to any
groundbreaking activities to determine the presence of
Red-belly newt, or other sensitive amphibian species,
and identify additional avoidance measures, if needed.

A qualified biologist shall be on-site for any dewatering event to address the potential for the presence of
Qualified
Biologist Developer
Prior to
ground
disturbing
activities

Final Conditions of Approval
Western Hills Open Land Acquisition & Limited Development Agreement Project File No.: 20-5915
8 sensitive amphibian species such as foothill yellowlegged frog (Rana boylii).

Construction,
vegetation
removal, and
ground disturbing
activities could
impact nesting
birds and their
habitat
BIO-3: Nesting Birds. Pre-construction surveys shall
be conducted prior to any vegetation removal or
ground disturbing activities occurring between March
1 and August 31 of any year. All active bird nests shall not be removed, relocated, or otherwise disturbed for
any purpose until all fledglings have left the nest.

Qualified
Biologist Developer
Prior to
vegetation
removal or
ground
disturbing
activities
between
March 1 and
August 31
Construction and
ground disturbing
activities could
impact specialstatus insects and
their habitat
BIO-4: Special-Status Insects. A qualified biologist
shall survey the area prior to any groundbreaking
activities to determine the presence of special-status
insect species and identify additional avoidance
measures if needed. If a special-status insect nests
are observed, active nests shall not be removed,
relocated, or otherwise disturbed until the nest
becomes inactive.

Qualified
Biologist Developer
Prior to
ground
disturbing
activities
Construction and
ground disturbing
activities could
impact specialstatus mammals
and their habitat
BIO-5: Special-Status Mammals. Pre-construction
surveys shall be conducted prior to any vegetation
removal or ground disturbing activities. If evidence of bat roosts is observed (i.e. bat guano, ammonia odor,
grease stained cavities) around trees or structures,
pre-construction bat surveys shall be conducted by a
qualified biologist for activities that may affect bat
roosting habitat and den sites.

Qualified
Biologist Developer
Prior to
ground
disturbing
activities
Cultural Resources and Tribal Cultural Resources

Final Conditions of Approval
Western Hills Open Land Acquisition & Limited Development Agreement Project File No.: 20-5915
9 Ground disturbing
activities have the
potential for
accidental
discovery of
unknown,
undiscovered
cultural resources
and tribal cultural
resources
CUL-1: Unanticipated Discovery. If previously
unidentified cultural, historic, palentologic or
archeologic resources are encountered during project
implementation, altering the materials and their
stratigraphic context shall be avoided and work shall
halt immediately. A qualified professional
archaeologist shall be contacted to evaluate the
resource and methods necessary to protect it. Project
personnel shall not collect, move, or disturb cultural
resources. Prehistoric resources include, but are not
limited to, chert or obsidian flakes, projectile points, mortars, pestles, and dark friable soil containing shell and bone dietary debris, heat-affected rock, or human
burials. Historic resources include stone or abode
foundations or walls; structures and remains with
square nails; and refuse deposits or bottle dumps,
often located in old wells or privies.

Qualified
archaeologist Developer
During
ground
disturbing
activities
Ground disturbing
activities have the
potential for
accidental
discovery of
unknown Native
American
remains
CUL-2: Encountering Native American Remains. If
human remains are encountered during ground
disturbing activities, all work shall stop in the
immediate vicinity of the discovered remains and the
County Coroner and a qualified archaeologist shall be
notified immediately so that an evaluation can be
performed. If the remains are deemed to be Native
American and prehistoric, the Native American
Heritage Commission must be contacted by the
Coroner so that a “Most Likely Descendant” can be
designated and further recommendations regarding
treatment of the remains will be provided.

Qualified
archaeologist Developer
During
ground
disturbing
activities
Geology and Soils
Ground disturbing
activities could
result in impacts
associated with
Incorporation of Mitigation Measure CUL-1 Qualified
archaeologist Developer
During
ground
disturbing
activities

Final Conditions of Approval
Western Hills Open Land Acquisition & Limited Development Agreement Project File No.: 20-5915
10 erosion, the loss
of topsoil and
landslides if not
properly designed
GEO-1: The Project shall comply with the erosion and
design standards outlined in Chapter 7 of the Ukiah
City Code. Prior to any ground disturbance, erosion
and sediment control plans shall be submitted to the
Public Works and Community Development
Departments for review and approval. Said plans shall
protect against soil erosion and runoff through the
implementation of appropriate Best Management
Practices (BMPs). Typical BMPs include the
placement of straw, mulch, seeding, straw wattles, silt fencing, etc. No silt, sediment or other materials shall be allowed to flow from the project area.

Developer Developer
Prior to any
ground
disturbance
and
throughout
construction
activities;
ongoing as
needed to
control
erosion
Hazards and Hazardous Materials
Project
construction
could result in a
hazard to the
public or the
environment if the
incidental use of
petroleum
hydrocarbons
(fuel, oil) in tools
used during
construction were
to lead to
accidental leaks
or spills in or
around the work
area
HAZ-1: The developer shall establish and implement
construction site management practices that will
prevent toxic materials and other debris from entering
the City’s storm drainage and waterway systems,
including:
a) There shall be no storage of hazardous materials
at the Project Site;
b) The developer shall provide adequate materials
management, including covering, securing, and
segregating potentially toxic materials (grease,
oils, fuel, solvents, etc.); and
c) The developer shall maintain supplies on-hand to
contain spills of oil and any other hazardous
materials used on-site.

Developer Developer During
construction
Construction of
the Project may
involve the use of
gasoline-powered
tools and
equipment
potentially
HAZ-2: Should portable gasoline-powered equipment
be used on site, the following firesafe precautions
shall be taken:
a) Spark arresters are required on all portable
gasoline-powered equipment.
b) Equipment shall be maintained in good working
condition, with exhaust systems and spark
Developer Developer During
construction

Final Conditions of Approval
Western Hills Open Land Acquisition & Limited Development Agreement Project File No.: 20-5915
11 introducing new
temporary
sources of
ignition that could
increase fire risk.
arresters in proper working order and free of
carbon buildup.
c) Fuel the equipment in a safe place where spills
can be contained and a fire extinguisher is
nearby. Use the recommended gas/oil mixture
and do not top off. Use a funnel or spout for
pouring. Wipe off any spills.
d) Do not refuel running or hot equipment. Dispense
fuel at least 10 feet from sources of ignition.
e) Do not use equipment in areas of dry vegetation.

Keep leaves and dry materials away from a hot
muffler.
f) No smoking or open flame allowed near gasolinepowered equipment.

Hydrology and Water Quality
Ground disturbing
activities and
construction of
the project would
result in
impervious
surfaces that
could impact
water quality
Implementation of Mitigation Measures GEO-1 and
HAZ-1 Developer Developer
Prior to and
during
construction;
ongoing as
needed to
control
erosion
Noise
Ground disturbing
activities and
construction of
the project would
result in
temporary noise
impacts
NOI-1: Prior to building permit or grading permit
issuance, the developer shall comply with the
following:
a. Construction contracts shall specify that all
construction equipment, fixed or mobile, shall be
equipped with properly operating and maintained
mufflers and other state-required noise
attenuation devices.
b. Construction haul routes shall be designed to
avoid or lessen impacts to noise-sensitive uses
Developer Developer
Prior to
issuance of
building or
grading
permits, and
during
construction

Final Conditions of Approval
Western Hills Open Land Acquisition & Limited Development Agreement Project File No.: 20-5915
12 (e.g., residences, schools, convalescent homes),
to the extent feasible.
c. During construction, stationary construction
equipment shall be placed such that emitted noise
is directed away from sensitive noise receivers.
d. Per the City’s Noise Ordinance, construction shall
not take place outside of the hours of 7:00 a.m. to
7:00 p.m.

Utilities and Service Systems
City sewer, water
and electric
utilities would be
extended to the
area which could
result in physical
impacts to the
environment
Implementation of BIO-1 through BIO-5, and GEO-1. See BIO-1 through BIO-5
and GEO-1
See BIO-1
through BIO-5
and GEO-1
See BIO-1
through
BIO-5 and
GEO-1
Wildfire
Construction of
the Project may
involve the use of
gasoline-powered
equipment and
machinery,
potentially
introducing new
sources of
ignition that could
increase fire risk
Implementation of Mitigation Measure HAZ-2 Developer Developer During construction

EXHIBIT Q

Antenna Site License/Lease Agreement
This Standard Antenna Site/Lease Agreement (“Lease”) is entered between “City of Ukiah” (“Lessor”) and Ukiah Wireless Powered by Wi-Fiber (“Lessee”). For good and valuable consideration, the parties hereto agree as follows: This lease agreement is subject to the terms and conditions of the agreement between the Lessee and Lessor. 1) Premises
A fifteen (15) by fifteen (15) foot plot (“Premises”), generally in the location identified in Exhibits A and C, to install the equipment and infrastructure as described in Exhibit B, for the sole purpose of providing high-speed internet to Ukiah Valley residents. Lessee has the right to install and maintain on the proposed site identified in Exhibits A and C, all required hardware and electronics. Equipment will include: data enclosure, power supplies, cabling, charge controller and UPS (uninterrupted power supply) system, any necessary networking equipment and or temporary use of generator during power loss. All equipment installed on the Premises must have prior approval by Lessor and property owner. The communications installation in the proposed site identified in Exhibits A and C must be at least twenty (20) feet from the centerline of the existing road to maintain existing access. Lessee shall also have a non-exclusive easement over the existing pathway from Redwood Avenue to the Premises, for access to complete the installation and maintenance of the equipment, but at all times making certain that any gates along the path remain closed and locked.
2) Use
The Premises shall only be used by Lessee for the installation of the equipment needed for the transmission and reception of radio communication signals on various licensed and unlicensed frequencies, to provide residents of the Ukiah Valley with high-speed internet access. The Lessee will follow all federal, state and local regulations, licensing requirements, and laws governing the construction, Attachment #2

establishment, and operation of radio communication signals and transmission and associated infrastructure.
3) Terms
This 5-year term Agreement shall begin on _________ and shall remain in full force and effect until _________, unless sooner terminated as provided herein.

A. Provided Lessee is not in breach of this agreement, Lessee shall have the right to renew the Lease for additional five (5) year terms at the sole discretion of the Lessor based on the conditions set forth herein. Lessee shall give Lessor written notice of the intent to extend the Lease at least ninety (90) days before the termination of the initial term.

B. Lessee shall have the right to exclusivity at the Premises as to other wireless internet providers as necessary to prevent any interference in their radio signals from other providers.

C. Lessee is required to follow all state and federal safety and fire codes to ensure that the risk of fire is minimized during construction and operation of the communications site. Fire avoidance procedures, establishment of fire breaks, and available fire safety equipment must be utilized year around to ensure that the highest standard of fire safety is maintained.

D. Legal Compliance. Lessee agrees to comply with any and all applicable local, state and federal laws, regulations and standards, including, without limitation, Federal Communication Commission operation permits and licenses.

E. Lessor is not financially or contractually liable for any events that impact Lessee’s ability to access the site or situations that cause a disruption of service to Lessee’s customers. Events include but are not limited to

natural disasters, fires, vandalism, adverse weather events and access limitations to site due to unavoidable events.

F. Lessee agrees to immediately notify Lessor should any hazardous materials from batteries, paints or other liquids spill onto the Premises. Lessee agrees to full financial responsibility for cleanup and disposal of all hazardous materials and must comply with federal and state regulations for hazardous material handling and disposal.
4) Rent
Lessee shall pay $350 monthly. Rent is due to the Lessor on the first of the month. A ten percent (10%) late penalty will be added if not paid within ten (10) business days.

At the commencement of the second year and each subsequent year thereafter the rent for the Premises will increase by the percentage change in the Consumer Price Index (CPI) during the preceding calendar year (January to December) but not to exceed five percent (5%). CPI means the index for all urban consumers (1982-1984 = 100), U.S. City average, all items, published by the United States Department of Labor, Bureau of Labor Statistics. In the event the CPI is discontinued or otherwise not available, “CPI” shall mean such comparable statistics on the purchasing power of the consumer dollar as is reasonably agreed on between Lessor and Lessee. 5) Improvements, Liability, Utilities, Access
Lessee has the right to erect, maintain, and operate on the Premises radio communications equipment; including, but not limited to, transmitters, receivers, all related equipment, radio transmitting and receiving antennas, and supporting structures thereto as described on Exhibit B attached hereto (“Lessee's Facilities”).

In connection, Lessee has the right to do all work necessary to prepare and maintain the Premises for Lessee's wireless business operations, including connection of the antennas to the transmitters and receivers. All of Lessee's installation work shall be

performed at Lessee's sole cost and expense and, in a good and workmanlike manner, in accordance with Lessee's specifications. In the event of termination of this Agreement, Lessee shall remove all Lessee’s equipment, at Lessee’s sole expense, on or before the expiration of the term, and repais any damage to the Premises caused by such removal to return the Premises to its natural condition. Lessee shall repair all damage caused to the Premises due to Lessee’s access to the site.

A. In the event of a long-term power shortage, Lessee has a right to furnish and operate on the Premises a portable Honda 3000 generator (or comparable generator) to power Lessee's equipment.

B. Lessor shall provide to Lessee, Lessee's employees, agents ,and subcontractors access from a public right-of-way on the Premises to the Premises twenty-four (24) hours a day, seven (7) days a week with twenty four (24) hours’ prior notification to land owner. Lessor is not responsible to maintain or guarantee that the access path or “road” to the site on the Premises is accessible. Access from public right-of-way to the Premises is provided in an as-is condition only.

Winter conditions (i.e. downed trees, landslides, extremely wet conditions) may hinder vehicular access. Lessee must ensure all gates are closed and exercise caution in barnyards and around livestock. No hunting or hiking on the Premises is allowed. Lessee’s access to the Premises is limited to business purposes only.

Lessee is fully responsible for all workers’ compensation insurance and any other required insurances for any employees working on Lessor’s property. No smoking, alcoholic beverages, or drugs are to be on Lessor’s property at any time. Lessee’s tower may not be leased to other companies.

C. Lessee agrees to allow Lessor the right to reserve a service connection at no charge for public safety should Lessor need to install public safety infrastructure at any of Lessee’s equipment locations. Lessor acknowledges that the equipment and infrastructure at the Premises uses solar power and any additional equipment installed by Lessor must not over burden the available power. Lessor reserves the right to install additional solar panels if needed to support additional equipment.

6) Termination
Termination of this Agreement may be made by written notice served pursuant to Paragraph 9 below; and
A. This Lease may be terminated by Lessee without cause and further liability upon one hundred-eighty (180) days written notice to Lessor.

B. This Lease may be terminated upon written notice by either party forty-five (45) days after written notice of default is served on the other party, if said default remains uncorrected.
7) Insurance Requirements:

A. This Agreement shall not be executed by Lessor and Lessee is not entitled to any rights hereunder, unless certificates of insurance, or other proof that the following provisions have been complied with, are provided to the Lessor.

B. General Insurance Requirements. Without limiting Lessee’s indemnification obligations set forth herein, Lessee shall, and shall require that all subcontractors hereunder, take out and maintain, listing the Lessor as an additional insured, throughout the term of this Agreement, and any extensions thereof, the following policies of insurance, placed with insurers authorized to do business in the State of California with a current A.M. Bests rating of no less than A or its equivalent, against personal injury, death and property damage which may arise from, or in connection with, the activities of Lessee or its agents, officers, directors, employees, assignees or subcontractors: Workers’ Compensation Insurance, as required by the California Labor Code, with statutory limits, and Employers Liability Insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. Said policy shall contain, or be endorsed to contain, a waiver of subrogation against Lessor.

C. Special Insurance Requirements. Said policies shall, unless otherwise specified herein, be endorsed with the following provisions:

1. The above-referenced policies shall not be canceled, non-renewed, or materially reduced in coverage without thirty (30) days’ prior written notice to Lessor in

accordance with the notice requirements set forth herein. It is further understood that Lessee shall not terminate such coverage until Lessor receives adequate proof that equal or better insurance has been secured.

2. The inclusion of more than one (1) insured shall not operate to impair the rights of one (1) insured against another insured, and the coverage afforded shall apply as though separate policies had been issued to each insured, but the inclusion of more than one (1) insured shall not operate to increase the limits of the insurer’s liability.

3. For claims related to this Agreement, Lessee’s insurance is the primary coverage to Lessor, and any insurance or self-insurance programs maintained by Lessor are excess to Lessee’s insurance and will not be used to contribute therewith.

4. Any failure to comply with the provisions of this Agreement shall not affect the coverage provided to Lessor or its agents, officers, officials, employees, and volunteers.

5. Lessor is to be notified immediately if twenty-five percent (25%) or more of any required insurance aggregate limit is encumbered, and Lessee shall be required to purchase additional coverage to meet the above-referenced aggregate limits.

D. Insurance Notices. Any and all insurance notices required hereunder shall be sent to the addresses set forth below in accordance with the notice requirements contained herein.

Lessor: City of Ukiah
Update Address

7.2 Indemnification Requirements:

A. Hold Harmless, Defense and Indemnification. Lessee shall indemnify, hold harmless, and defend Lessor against any and all claims, demands, losses, damages, and liabilities of any kind or nature, including, without limitation, attorney’s fees and other costs of litigation, arising out of, or in connection with this Lease, Lessee’s use or access to or on the Premises, Lessee’s acts whether passive or active,

negligent or intentional, or failure to comply with, any of the duties and/or obligations contained herein, except such loss or damage which was caused by the willful misconduct of Lessee.

B. Effect of Insurance. Acceptance of the insurance required by this Agreement shall not relieve Lessee from liability under this provision. This provision shall apply to all claims for damages related to Lessee’s performance hereunder, regardless of whether any insurance is applicable or not. The insurance policy limits set forth herein shall not act as a limitation upon the amount of indemnification or defense to be provided hereunder.
8) Destruction of Premises
If the Premises or Lessee Facilities are destroyed or damaged, Lessee may elect to terminate this Lease as of the date of the damage or destruction by notice given to Lessor no more than forty-five (45) days following the date of any such damage or destruction. In the event, all rights and obligations of the parties shall cease as of the date of the damage or destruction.
9) Notices
All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed given if personally delivered, sent by electronic mail or facsimile or by an overnight courier providing proof of service, or mailed, certified mail, return receipt requested, to the following addresses:

If to Lessor:

Name: City of Ukiah, Attn: City Manager’s Office
Email: [email protected]
Address: 300 Seminary Ave, Ukiah CA 95482

Attention: If to Lessee:

Ukiah Wireless Powered by Wi-Fiber
311 S. Main Street
Ukiah, CA 95482
Attention: Lane Charpentier
10) Title and Quiet Enjoyment
Lessor warrants that it has full right, power, and authority to execute this Lease.

Lessor further warrants that Lessee shall, provided Lessee is not in material default of this Agreement, have the quiet enjoyment of the Premise. .
11) Assignment
Lessor may, upon notice to the other party, assign or transfer its rights and obligations arising under this Lease to any of its parents, subsidiaries or affiliates, to successor by consolidation or merger, to a purchaser of all or substantially all of the respective party's assets and to any partnership in which such party, or any of its parents, subsidiaries or affiliates are a general partner. In all other instances either party may assign or transfer its rights and obligations only upon written consent of the other party, which consent shall not be unreasonably withheld or delayed. 12) Successor and Assigns
This Lease shall be binding upon and inure to the benefit of the parties, their respective successors and assigns.
13) Miscellaneous

A. This Lease constitutes the entire agreement and understanding between the parties, and supersedes all offers, negotiations and other agreements. There are not representations or understandings of any kind not set forth herein. Any amendments to this Lease must be in writing and executed by both parties.

B. If any provisions of this Lease are invalid or unenforceable with respect to any party, the remainder of this Lease or the application of such provisions to persons other than those as to whom it is held invalid or unenforceable, shall not be affected and each provision of this Lease shall be valid and enforceable to the fullest extent permitted by law.

C. If a party is required to make a claim or bring legal action against the other party, the prevailing party shall be entitled to their costs, legal fees, and expert witness costs as determined by the Court.

DATED as of the date first written above.

LESSOR:

By: _____________________________________________
Name: City of Ukiah
By: ______________________________________________
Name: ___________________________________________
Date: ____________________________________________

LESSEE: Ukiah Wireless Powered by Wi-Fiber
By: ______________________________________________
Name: ___________________________________________
Date: ____________________________________________
Exhibit A
The property is located at Redwood Avenue, Ukiah, CA 95482, County of Mendocino and State of California. Approximate Birds Eye View
July 5th, 2022
Lane Charpentier

EXHIBIT B
The Premises shall consist of the following:

An enclosed metal structure, approximately 8 feet high, 10 foot long, and 8 foot wide. 2 Monopoles attached to container no taller than 25’ in height. All batteries, equipment boxes and generator (when on premises) will be enclosed in the metal structure. A solar array will be mounted on the metal structure. The solar array will consist of up to 8 solar panels which will be mounted to 2 inch galvanized pipe solar mount to be roughly 10 feet by 5 feet. A 2 foot square plastic enclosure will be mounted to the self-supporting tower base which will house the ethernet switch and power monitoring. The metal structure and all equipment will be painted/coated to blend with environment and minimize visibility from the valley floor. All equipment to be approved by property owner prior installation.

Exhibit C

Agenda Item No: 7.f.

MEETING DATE/TIME: 8/17/2022
ITEM NO: 2022-1920

AGENDA SUMMARY REPORT
SUBJECT: Approval of Notice of Completion of the Electric Utility Department's Gobbi Street Underground Communications Rework Project, Specification No. 22-03, and Approve Final Payment of the 5% Retention to Diamond D Construction, LLC.

DEPARTMENT: Electric Utility PREPARED BY: Cindy Sauers, Electric Utility Director PRESENTER: Cindy Sauers, Electric Utility Director
ATTACHMENTS:

1. Notice of Completion-Gobbi UG Communications Rework
Summary: Council will consider approving the Notice of Completion for the Electric Utility Department's Gobbi Street Underground Communications Rework Project, Specification No. 22-03, and approve final payment of the 5% retention to Diamond D Construction, LLC.

Background: In 1967, the California Public Utilities Commission (CPUC) established Electric Tariff Rule 20 in response to local government interest in improving the aesthetics of their communities. The Tariff outlines responsibilities and guidelines to provide an equitable distribution of the project costs to all utilities involved. Additionally, it outlines responsibilities and defines the roles of each utility. The City of Ukiah Electric Utility acts as the Lead Agency for joint trench projects within the city. Responsibilities of the Lead Agency include: incorporating other utilities' design into the project, bidding and awarding the contract, providing oversight as the project is constructed, and delineation of the costs to each project participant. These projects can be very complicated, applying several different utilities' specifications into the design and construction. Historically, other utilities, such as AT&T, have provided inspection services to ensure all their requirements are met. However, due to staffing changes and limitations, this support was eliminated and the burden of inspection fell to City Staff.

In November 2020, the Gobbi Street Underground joint trench project was completed. The project installed underground infrastructure for electric, telephone and cable TV on Gobbi Street between State Street and Orchard Avenue. Shortly after the completion of the project, Staff redirected its attention to the State Street Undergrounding project. Due to the back-to-back scheduling of these projects, the installation of the wire and equipment to complete Gobbi Street was delayed. When AT&T began the installation of their wire in March, they discovered a few locations where their specifications were not met.

Staff worked with AT&T and developed a shared solution to the concerns and an agreement was reached. AT&T agreed to provide the material for the repairs on Gobbi Street and the City agreed to complete the construction. AT&T also committed to complete inspections to ensure all standards were met.

Discussion: On May 4, 2022, Council awarded a contract for the Gobbi Street Underground Communications Rework Project, Specification No. 22-03, to Diamond D Construction. The contracted work was completed by the contractor in conformance with the approved plans and specifications on July 20, 2022. The original awarded contract amount, based on estimated quantities, was $116,649. Actual quantities and change orders resulted in a revised total contract amount of $126,865.85. Final payment of the retention will be made to the contractor after 35 days from the date of the Notice of Completion (Attachment 1) is filed with the County Recorder.

Recommended Action: Approve Notice of Completion for the Gobbi Street Underground Communications Project, Specification 22-03, approving final payment of the 5% retention to Diamond D Construction, LLC., and direct the City Clerk to file the Notice of Completion with the County Recorder.

BUDGET AMENDMENT REQUIRED: No
CURRENT BUDGET AMOUNT: 80026120.52100: $126,865.85
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: Electric Fund
PREVIOUS CONTRACT/PURCHASE ORDER NO.: Contract No. 2122-232 COORDINATED WITH: Mary Horger, Financial Services Manager; Sage Sangiacomo, City Manager

Attachment 1
Please return to:

CITY OF UKIAH
300 Seminary Avenue
Ukiah, California 95482-5400
(707) 463-6200

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN:

1. That the project described as: Gobbi Street Underground Communications Rework Project, Spec. No. 22-03.

2. That the nature of the work: Installation of communications conduit, connections and boxes on Gobbi Street, Specification No. 22-03.

3. That on the 20th of July 2022, the Contract work for this project was actually completed.

4. That the name and address of the Contractor is Diamond D Construction, LLC, 650 Blue Oak Dr., Ukiah, CA 95482.

5. That the property location of work performed herein referred to is situated in the County of Mendocino, State of California, and is described as follows: Gobbi Street between State Street and Orchard Avenue, Ukiah, California.

I hereby certify under penalty of perjury that the forgoing is true and correct:

City Council Approval CITY OF UKIAH, a Municipal Corporation _________________ By: __________
Date Kristine Lawler, City Clerk Date
State of California
County of Mendocino
Exempt from recording fees pursuant to Government Code Section 27383

Agenda Item No: 7.g.

MEETING DATE/TIME: 8/17/2022
ITEM NO: 2022-1922

AGENDA SUMMARY REPORT
SUBJECT: Award of Contract to SHN Engineers in the Amount of $13,000.00 for Compaction and Materials Testing Services Related to the Clara Avenue Reconstruction Project Specification No. 20-08, and Approval of Corresponding Budget Amendment
DEPARTMENT: Public Works PREPARED BY: Seth Strader, Administrative Analyst PRESENTER: Tim Eriksen, Director of Public Works
ATTACHMENTS:

1. 20220804-COUClaraAveProposal
Summary: The City Council will consider awarding a professional services agreement to SHN Engineers in the amount of $13,000 for compaction and materials testing services related to the Clara Avenue Reconstruction Project, Specification No. 20-08 and approve corresponding budget amendment.

Background: The City Council was presented with a selection of streets to be rehabilitated at the December 15, 2021, meeting regarding the lease revenue bonding to renovate the City Corporation Yard and improve various city streets. Council awarded the construction contract for the Clara Reconstruction at the August 3, 2022 meeting along with directing follow-up review and the addition of select change orders to the project. The review of the additional work with the Complete Streets Ad-hoc (Crane and Rodin) will take place in the following weeks.

Discussion: Staff released a Request for Proposal (RFP) for materials and testing services on July 6, 2022 through August 5, 2022. SHN Engineers was the only proposal received. (Attachment 1) These testing services are essential for the project to ensure the contractors are adhering to the Plans and Specifications and are standard for Public Works Projects. Properly compacted earth and subgrade ensures the health of the roadway for the longest extent possible.

Recommended Action: Award professional services agreement go SHN Engineers in the amount of $13,000.00 for compaction and materials testing services related to the Clara Avenue Reconstruction Project and approve corresponding budget amendment.

BUDGET AMENDMENT REQUIRED: YES
CURRENT BUDGET AMOUNT: 2524220.80230.18184: $0
PROPOSED BUDGET AMOUNT: 2524220.80230.18184: $13,000
FINANCING SOURCE: Series 2022 Lease Revenue Bonds
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Tim Eriksen, Director of Public Works and Andrew Stricklin, Associate Engineer

Phone: (707) 459-4518 Email: [email protected] Web: shn-engr.com 335 S. Main Street, CA 95490-3977
CIVIL ENGINEERING • ENVIRONMENTAL SERVICES • GEOSCIENCES • PLANNING • SURVEYING Reference: 422000.025
August 5, 2022
Andrew Stricklin, Associate Engineer
City of Ukiah
Public Works Department
300 Seminary Avenue
Ukiah, CA 95482
By email: [email protected]
Subject: Compaction Testing Services for Clara Avenue Reconstruction Dear Andrew Stricklin:

Thank you for the opportunity for SHN to provide the City of Ukiah Public Works Department (City) with this proposal to provide Compaction and Materials Testing Services for the Clara Avenue Reconstruction (Project). SHN employs the qualified and experienced staff necessary to perform the required thirdparty testing and offers DSA, ICC, NICET, and Caltrans-certified technical staff and Caltrans-accredited testing laboratories in our Willits and Eureka offices. Additionally, the project will be overseen by our registered California Geotechnical Engineer, John Dailey.

We understand that the Project consists of providing subgrade compaction testing for aggregate base, 30 tests; in-place density and relative compaction of asphalt concrete (nuclear method), 50 tests; and compaction testing for trench backfill, 30 tests. We propose to provide the asphalt concrete tests in two 10-hour mobilizations by a certified testing technician, including nuclear gauge and travel time. We anticipate the asphalt concrete testing will require one laboratory RICE test. For the aggregate base and trench backfill compaction tests, we propose to accomplish those tests in six 6-hour mobilizations by a certified testing technician, including nuclear gauge and travel time. We also anticipate that six laboratory compaction curves will be needed to provide the maximum density for the aggregate base and trench backfill field testing. We further understand and accept that these testing mobilizations will be required on a 24-hour notice from the City. Sufficient sample size for laboratory testing will be acquired by our field technician and processed in our Willits soils lab within 24 hours.

SHN proposes to staff the Project from its Willits office and testing laboratory. However, in the event of a scheduling conflict, we can draw on the resources of our Eureka office and testing laboratory at no additional travel expense. We do not have minimum time charges per site visit, and we will invoice the City only for time spent performing the required services. Where possible, we will combine multiple tasks into one trip to reduce testing costs for the Project.

ATTACHMENT 1

Andrew Stricklin
Clara Avenue Rehabilitation Project
August 5, 2022

\\Willits\Projects\2022\Promos\422000.025-CoU-ClaraTest\PUBS\promos\20220804-COUClaraAveProposal.docx We have reviewed the request for proposal and the information provided. Because we have limited information of the contractor’s construction schedule, or means and methods, we have made assumptions regarding the scope of testing based on the quantities provided.

The table on the following page outlines the rates that will be applied to your project.

Position Description Rate
Standard Hourly Rate Nuclear Density Technician (Travel Time/Office) $95/hr.

Prevailing Wage Tech Rate Nuclear Density/Concrete Technician $170/hr.

Prevailing Wage OT Tech Rate Nuclear Density/Concrete Technician $195/hr.

Prevailing Wage DT (+12 Hr)
Tech Rate
Nuclear Density/Concrete Technician $220/hr.

Prevailing Wage 2nd Shift Tech
Rate
Nuclear Density/Concrete Technician $180/hr.

Prevailing Wage 2nd Shift OT
Tech Rate
Nuclear Density/Concrete Technician $205/hr.

Prevailing Wage 2nd Shift DT
(+12 Hr) Tech Rate
Nuclear Density/Concrete Technician $230/hr.

Project Manager Submittal Review, Project Oversight, Final Reports $175/hr.

Administrative Project Setup, Correspondence, Insurance Certificates $75/hr.

Reimbursables Rate
Nuclear Density Gauge (CT 375) $25/hr.

Moisture Density Curve (CT 216/ ASTM D1557) $300/Sample RICE Theoretical Maximum Specific Gravity and Density of HMA (CT 309) $100/Sample Mileage from our Willits Soils Laboratory $0.80/Mile
Cost Estimate
Based on the information provided, we estimate the total cost to provide the required compaction testing for the Project to be $13,000. This cost estimate is based on an accrued hourly rate and expenses and will not be exceeded without prior authorization from the City. This proposal is a firm offer and is valid for a minimum of 30 days from date of submission. Please see the attached Fee Schedule for unit costs of additional tests we can provide if requested by the City during the course of the Project.

Andrew Stricklin
Clara Avenue Rehabilitation Project
August 5, 2022

\\Willits\Projects\2022\Promos\422000.025-CoU-ClaraTest\PUBS\promos\20220804-COUClaraAveProposal.docx Again, thank you for this opportunity to be of service to the City of Ukiah. I have the authority to negotiate a contract and bind SHN Engineers to the terms of the contract. Please call me at (707) 459- 4518 if you have any questions or to further discuss how SHN can best serve you on this project.

Sincerely,
SHN
Jason Island, PE
Regional Principal
JGI:amg
Attachment: SHN Fee Schedule

\\eureka\pubs\FORMS\Corp\Fee Schedules\FEESCH-2022Table.docx SHN 2022 Fee Schedule 1 Consulting Engineers & Geologists, Inc.

Fee Schedule
January 1, 2022
When accurate definition of the proposed work is not possible, an hourly charge out rate for determining compensation shall be used. Hourly charge rates include payroll costs, overhead, and profit. Hourly services are billed portal to portal and are subject to a 2-hour minimum. Current rates are as follows:

Hourly Charge Rates
Position1 Hourly Rates
Senior Engineer $ 160.00 - $ 210.00
Senior Geotechnical Engineer $ 150.00 - $ 200.00
Senior Engineering Geologist $ 150.00 - $ 200.00
Senior Geologist $ 140.00 - $ 180.00
Senior Planner $ 130.00 - $ 180.00
Senior Environmental Scientist $ 150.00 - $ 190.00
Senior Land Surveyor $ 130.00 - $ 170.00
Project Manager $ 100.00 - $ 180.00
Project Engineer $ 110.00 - $ 150.00
Project Geologist $ 110.00 - $ 155.00
Project Land Surveyor $ 100.00 - $ 130.00
Associate Planner $ 90.00 - $ 130.00
Associate Environmental Scientist $ 110.00 - $ 140.00
Staff Engineer $ 90.00 - $ 130.00
Staff Geologist $ 90.00 - $ 130.00
Staff Planner $ 80.00 - $ 120.00
Staff Environmental Scientist $ 90.00 - $ 130.00
Staff Land Surveyor3 $ 90.00 - $ 250.003
Certified Industrial Hygienist $ 110.00 - $ 155.00
GIS/UAV Specialist $ 80.00 - $ 135.00
Construction Inspector3 $ 90.00 - $ 270.003
Lab/Field Technician3 $ 90.00 - $ 250.003
Survey Technician3 $ 80.00 - $ 250.003
Engineering Technician/Draftsperson $ 90.00 - $ 130.00
Technical Writer $ 80.00 - $ 100.00
Clerical $ 70.00 - $ 90.00
Expert Witness2,4 $ 175.00 - $ 275.00
1 Incidental expenses, i.e., lodging, meals, airplane tickets, etc., are billed at cost plus 15%. 2 Minimum daily charge is four hours.
3 Rates depend on the specific personnel assigned and if prevailing wage rates are required in the area of work. 4 Rates for Expert Witness are charged for preparation and testimony for both deposition(s) and trial(s).

\\eureka\pubs\FORMS\Corp\Fee Schedules\FEESCH-2022Table.docx SHN 2022 Fee Schedule 2 Reimbursables
The following direct charges are charged in addition to the hourly charge rates set forth above.

Direct Charges:

CADD plots (black & white) $ 0.40/sq. ft.

CADD plots (color) $ 0.90/sq. ft.

Copies $ 0.15/ea.

Equipment and other expenditures (required for projects) Cost + 15% Field office Cost + 15%
Filing fees, telephone expense, etc. Cost + 15%
Iron pipe, monuments, flagging, etc. Cost + 15%
Mylars $ 15.00
Services of other consultants Cost + 15%
Stakes, hubs, lath, etc. Cost + 15%
Subsistence, air travel, etc. Cost + 15%
Vehicles $ 50.00/day
Field Testing and Equipment:

Anchor bolt tension testing $ 80.00/day plus operator
CO2 Meter $ 10.00/day
Concrete Compression Impact Hammer $ 50.00/day*+
Core Drilling Machine $ 75.00/day + $3.00/inch cored
Dissolved Oxygen Meter $ 75.00/day*+
Expendable Supplies $ 40.00/day*+
Fyrite Meter $ 33.00/day*+
Generator $ 58.00/day*+
Geophysical Equipment By Quotation
Grundfos Controller & Pump $275.00/day
Hand Auger $ 36.00/day
Health & Safety Level D $ 35.00/day*+
Health & Safety Level C $ 60.00/day*+
High Pressure Controller $ 60.00/day*+
Inclinometer $200.00/day*
LEL Meter $ 73.00/day*+
Nuclear Density Testing $ 25.00/hour plus operator
Other equipment including drill rigs, backhoes, etc. Cost + 15% ORP Meter $ 15.00/day
OVA $145.00/day*+
Peristaltic Pump $ 50.00/day*+
pH/Conductivity Meter $ 58.00/day*+
Pumps $ 45.00/day*+
Quad (ATV) $150.00/day
Rebar Locating Device $ 40.00/day plus operator
* 1/2 Day Minimum Charge.
+ 25% Weekly Discount, 40% Monthly Discount.
(1) If concrete is sampled and delivered to SHN lab by outside contractor, add $5.00/ea. for processing and curing per ASTM C-31.

\\eureka\pubs\FORMS\Corp\Fee Schedules\FEESCH-2022Table.docx SHN 2022 Fee Schedule 3 Reimbursables, Continued
Field Testing and Equipment, Continued:

Roto-hammer $ 50.00/day*+
Skidmore-Wilhelm Bolt Tension Calibration $150.00/day
Soil/Gas Purge Pumps $ 30.00/day*+
Soil Gas Probes $200.00/day*+
Torque Wrench (0 to 250 ft lbs) $ 25.00/day
Torque Wrench (250 to 1,000 ft lbs) $ 50.00/day
Turbidity Meter $ 29.00/day*+
Ultrasonic Test Device $ 25.00/hour plus operator
Vapor Extraction System $500.00/day*+
Water Level Data Logger $ 60.00/day*+
Water Level Meter $ 36.00/day*+
Well Point $ 50.00/day
Survey Equipment:

GPS Station $300.00/day*
Level $ 25.00/day*
Resource GPS $ 150.00/day*
Robotic Total Station $ 300.00/day
Total Station $ 7.50/hour
Total Station w/Data Collector $ 100.00/day
Toughbook $ 150.00/day*
Trimble GeoXT GPS Unit $ 150.00/day*
Laboratory Tests:

Asphalt Briquette Compaction $ 75.00/ea.(1)
Asphalt Bulk Specific Gravity $ 40.00/ea.

Asphalt Content by Nuclear Method $ 75.00/test
Asphalt Content Gauge Calibration $200.00/ea.

Asphalt Extraction (% Bitumen) On Request
Asphalt (Hveem) Mix Design On Request
Brass Tube (Liner) $ 5.00/ea.

Cleanness Value (CT 227) $ 75.00/ea.

Compaction Curves (ASTM D 1557 or Caltrans CT216) $300.00/test Compaction Curve Check Point $100.00/ea.

Concrete Compressive Strength (CT 521 or ASTM C39) $ 30.00/ea.(2) Concrete Linear Shrinkage (3 Bars) $300.00
Concrete Moisture $ 50.00/test (floor test)
Consolidation Test $350.00/ea.

Direct Shear, per point: (ASTM D3080)
Consolidated-Drained (CD) $145.00/point
Unconsolidated-Undrained (UU) (Modified ASTM) $115.00/point Consolidated-Undrained (CU) (Modified ASTM) $130.00/point Additional cycles (each) $ 65.00/ea.
* 1/2 Day Minimum Charge.
+ 25% Weekly Discount, 40% Monthly Discount.
(1) If asphalt is delivered to SHN lab unmixed, add $75.00/ea. for processing and mixing per Caltrans CT304. (2) If concrete is sampled and delivered to SHN lab by outside contractor, add $5.00/ea. for processing and curing per ASTM C-31.

\\eureka\pubs\FORMS\Corp\Fee Schedules\FEESCH-2022Table.docx SHN 2022 Fee Schedule 4 Reimbursables, Continued
Laboratory Tests, Continued:

Disposable Concrete Molds $ 5.00/ea.

Durability Index $ 75.00/ea.

Expansion Index $175.00/test
Fireproofing Density $ 50.00/ea.

Grout Compressive Strength $ 40.00/ea.

LA Rattler (abrasion resistance) $225.00/test
Liquid Limit $100.00/ea.

Masonry Block Compressive Strength $ 65.00/ea.

Masonry Block Linear Shrinkage $ 85.00/ea.

Masonry Block Prism Compressive Strength $125.00/ea.

Masonry Core Shear Test $ 50.00/core
Moisture Content $ 35.00/ea.

Moisture-Density Test $ 40.00/ea.

Particle Size Analysis (ASTM 422) $150.00/ea.

Percent Crushed Particles $200.00/ea.

Percent Organics $ 50.00/ea.

Plastic Limit $100.00/ea.

Plasticity Index $200.00/ea.

R-Value $350.00/ea.

Rice Specific Gravity of Asphalt (ASTM D2041) $100.00/ea.

Sand Equivalent $100.00/ea.

Sawing Rocks and Concrete Cores $ 30.00/unit
Sieve Analysis--Coarse $ 75.00/ea.

Sieve Analysis--Fine $ 75.00/ea
Sieve Analysis--Passing 200 $ 50.00/ea.

Specific Gravity, Rock $ 75.00/ea.

Stabilometer of Premixed AC $ 75.00/ea.

Sulfate Soundness $ 80.00/cycle
Swell Test $100.00/point
Triaxial Compression
Unconsolidated Undrained (TXUU) (ASTM D2850) $115.00/point Consolidated Undrained (TXCU) (ASTM D4767) $385.00/point Consolidated Drained (TXCD) (ACOE) $500.00/point
Consolidated Undrained (TXCU–3 stage) (ASTM D4767) $810.00/test Consolidated Drained (TXCD–3 stage) (ACOE) $860.00/test USDA Bulk Density Test $ 30.00/ea.

USDA Textural Suitability Test $ 75.00/ea.

Unconfined Compression $ 75.00/ea.

Unit Weight of Lightweight Concrete $ 50.00/unit
Notes:

All samples of soil or rock from physical testing are discarded 30 days after submission of final report unless prior arrangements are made. Samples of soil or rock submitted for testing for hazardous substances will be returned to the Client, who is responsible for proper disposal.

This fee schedule is subject to review and adjustment, as required.

Certain services may require prevailing wages or overtime at premium pay to SHN employees. In such circumstances, fees will be adjusted to reflect increased labor costs.

Agenda Item No: 7.h.

MEETING DATE/TIME: 8/17/2022
ITEM NO: 2022-1923

AGENDA SUMMARY REPORT
SUBJECT: Consideration of Adoption of Amended Resolution Authorizing Application for Funding and the Execution of Grant Agreement and any Amendments thereto from the 2022 Funding Year of the State Community Development Block Grant Program.

DEPARTMENT: Community
Development PREPARED BY: Jim Robbins, Grants Manager
PRESENTER: Consent Calendar
ATTACHMENTS:

1. Resolution 2022-41

2. Revised Resolution - CDBG Application
Summary: Council will consider adoption of an amended resolution authorizing application for funding and the execution of a grant agreement and any amendments thereto from the 2022 funding year of the State Community Development Block Grant program.

Background: On June 15, 2022, Council adopted Resolution No. 2022-41 (Attachment 1) approving an application for funding and the execution of grant agreement(s) and any amendments thereto from the 2022 funding year of the State Community Development Block Grant (CDBG) Program. Within the Resolution, Council approved submission of an application for an amount not to exceed $250,000 for a Planning GrantHousing Conditions Survey, and approved the use of Program Income in an amount not to exceed $46,000 for the same activity.

Discussion: After extensive analysis by Staff, the cost for the Housing Conditions Survey project is estimated at $99,689, not the $250,000 originally authorized through Resolution No. 2022-41. The reason for this significant difference in the project budget is that the Community Development Department is now planning to implement the project "in-house" through a cross-disciplinary team of Staff within all divisions, whereas previously the project budget was based on the procurement of a consultant to implement the activity. There is currently a lack of qualified consultants to complete the Housing Conditions Survey, and Staff within the Community Development Department has prior experience in implementing this activity.

The resolution is also proposed to be amended due to recent direction Staff has received from the California Department of Housing and Community Development (HCD). HCD has stated that within this 2022 Notice of Funding Availability (NOFA), CDBG Program Income (PI) activity funds cannot be used for planning grant projects such as a Housing Conditions Survey.

Given these updates and changes, Staff recommends that the Council adopt the attached amended resolution (Attachment 2) authorizing the submission of a CDBG grant application for a Planning Grant Housing Conditions Survey in an amount not to exceed $99,689. Staff will approach the Council in the future to request allocation of the unallocated Program Income to another project.

Recommended Action: Adopt amended resolution authorizing an application for funding and the execution of grant agreements and any amendments thereto from the 2022 funding year of the State Community Development Block Grant Program (CDBG) program.

BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Craig Schlatter, Community Development Director

Attachment 1

$
$
$
$

APPENDIX D
Resolution of the Governing Body
Applicants are required to use this Resolution in content and form.

RESOLUTION NO. __

A RESOLUTION APPROVING AN APPLICATION FOR FUNDING AND THE

EXECUTION OF A GRANT AGREEMENT AND ANY AMENDMENTS
THERETO FROM THE 2021-2022 FUNDING YEAR OF THE STATE CDBG

PROGRAM
BE IT RESOLVED by the ___________________________ of the of _____________ as follows:

SECTION 1:

The __________________________ has reviewed and hereby approves the submission to the State of California of one or more application(s) in the aggregate amount, not to exceed, of $ ______________ for the following CDBG activities, pursuant to the January 2022 CDBG NOFA:

List activities and amounts (activity totals should include Activity Delivery dollars and General Administration associated with the activity) Activity (i.e. Public Services, Housing
Rehabilitation)
Dollar Amount Being Requested for
the Activity
Note: Similar to the above, any Colonia or Native American Set-Aside activities must be included separately in the Resolution.

SECTION 2:

The hereby approves the use of Program Income in an amount not to exceed $ __________ for the CDBG activities described in Section 1.

Department of Housing and Community Development
Revised 10/15/21 2022 CDBG NOFA
Attachment 2

APPENDIX D
SECTION 3:

The acknowledges compliance with all state and federal public participation requirements in the development of its application(s).

SECTION 4:

The hereby authorizes and directs the (title of designated official) _________________, or designee*, to execute and deliver all applications and act on the behalf in all matters pertaining to all such applications.

SECTION 5:

If an application is approved, the (title of designated official) _________________, or designee*, is authorized to enter into, execute and deliver the grant agreement (i.e., Standard Agreement) and any and all subsequent amendments thereto with the State of California for the purposes of the grant.

SECTION 6:

If an application is approved, the (title of designated official) _________________, or designee, is authorized to sign and submit Funds Requests and all required reporting forms and other documentation as may be required by the State of California from time to time in connection with the grant.
* Important Note: If the designee is signing any application, agreement, or any other document on behalf of the designated official of the City/County, written proof of designee authority to sign on behalf of such designated official must be included with the Resolution, otherwise the Resolution will be deemed deficient and rejected.

Additionally, do not add limitations or conditions on the ability of the signatory or signatories to sign documents, or the Resolution may not be accepted. If more than one party’s approval is required, list them as a signatory. The only exception is for county counsel or city attorney to approve as to form or legality or both, IF such approval is already part of the standard city/county signature block as evidenced by the signed Resolution itself. Inclusions of additional limitations or conditions on the authority of the signer will result in the Resolution being rejected and will require your entity to issue a corrected Resolution prior to the Department issuing a Standard Agreement.

Department of Housing and Community Development
Revised 10/15/21 2022 CDBG NOFA

APPENDIX D
PASSED AND ADOPTED at a regular meeting of the ________________________ of the ___________ of ___________ held on ________ by the following vote:

Instruction: Fill in all four vote-count fields below. If none, indicate “0” for that field.

AYES: _____ NOES: _____
ABSENT: _____ ABSTAIN: _____
Authorized Signature Date
Signer's Title

STATE OF CALIFORNIA
I, __________________, City/County Clerk of the City/Countof the of ______________ , State of California, hereby certify the above and foregoing to be a full, true and correct copy of a resolution adopted by said
on this ___ day of ____________ , 20 .
,
of the of , State of California
By:

Note: The attesting officer cannot be the person identified in the Resolution as the authorized signer.

Department of Housing and Community Development
Revised 10/15/21 2022 CDBG NOFA

Agenda Item No: 7.i.

MEETING DATE/TIME: 8/17/2022
ITEM NO: 2022-1926

AGENDA SUMMARY REPORT
SUBJECT: Report of Acquisition of Professional Services from Alpha Analytical Laboratories, Inc. in the Amount of $36,985.50 for Quarterly Water Sampling and Completion of Chemical Examination Reports for the Ukiah Landfill.

DEPARTMENT: Public Works PREPARED BY: Seth Strader, Administrative Analyst PRESENTER: Tim Eriksen, Director of Public Works
ATTACHMENTS:

1. Requsition E39591 Alpha Labs
Summary: Council will receive a report regarding the acquisition of services for quarterly water sampling and preparation of chemical examination reports for the Ukiah Landfill Background: In accordance with the Waste Discharge Requirements issued by the North Coast Regional Water Quality Control Board (NCRWQCB), the City is mandated to complete quarterly water sampling and analysis for the Ukiah Landfill.

Discussion: In compliance with Section 1522 of the City Code, this report is submitted to the City Council for the purpose of reporting the acquisition of professional consulting services costing more than $10,000. The Public Works Department requested Alpha Analytical Laboratories, Inc. to conduct quarterly water sampling and to prepare chemical examination reports for the Ukiah Landfill. Alpha Analytical completed the quarterly water sampling and produced the chemical examination reports for the amount of $36,985.50.

For reference, please refer to Attachment #1, a copy of the Alpha Analytical invoices. In conjunction with these chemical examination reports, EBA Engineering analyzes the data to prepare and submit the required detection monitoring report to the NCRWQCB.

Recommended Action: Receive and file report of acquisition of professional services from Alpha Analytical laboratories, Inc. in the amount of $36,985.50 for quarterly water sampling and completion of chemical examination reports for the Ukiah landfill.

BUDGET AMENDMENT REQUIRED: NO
CURRENT BUDGET AMOUNT: 70024500.52100: $300,000.00
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Tim Eriksen, Director of Public Works and Jason Benson, Senior Engineer

Agenda Item No: 7.j.

MEETING DATE/TIME: 8/17/2022
ITEM NO: 2022-1927

AGENDA SUMMARY REPORT
SUBJECT: Consideration of Adoption of Resolution Appointing Casey Thompson to the Public Spaces Commission.

DEPARTMENT: City Clerk PREPARED BY: Kristine Lawler, City Clerk PRESENTER: Kristine Lawler, City Clerk
ATTACHMENTS:

1. City Code Sections

2. Application

3. Nomination

4. Proposed Resolution
Summary: Council will review and consider adopting a resolution appointing Casey Thompson to the At-large City or County Resident position on the Public Spaces Commission.

Background: The Public Spaces Commission (PSC) was established February 2, 2022 (see Attachment 1 for City Code Sections), and was a reformation of the Parks, Recreation, and Golf Commission (PRGC) and the Paths, Open Spaces, and Creeks Commission (POSCC). Consequently, the PSC was made up of members that came from the PRGC and POSCC; however, two of the PRGC members opted not to serve on the PSC, leaving two vacancies that have been noticed since May 20, 2022.

Discussion: The City Clerk’s office has received an application from Casey Thompson (Attachment 2) that meets the residency requirements, with no other applications having been received. Councilmember Crane, being the first in line to make a nomination to the PSC, has submitted a nomination (Attachment 3) for Casey Thompson’s appointment. Therefore, Staff is recommending that Council adopt the resolution (Attachment 4) appointing Casey Thompson to the At-large City or County Resident position on the Public Spaces Commission, term to expire on August 17, 2025.

Recommended Action: Adopt Resolution appointing Casey Thompson to the At-large City or County Resident position on the Public Spaces Commission, term to expire on August 17, 2025.

BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: N/A

 









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ATTACHMENT 2

MEMORANDUM
Date: August 10, 2022
To: Kristine Lawler, City Clerk
From: Douglas F. Crane, Councilmember
Subject: Nomination for Public Spaces Commission
I nominate Casey Thompson for the Public Spaces Commission as an At-large Representative, to be considered at the August 17, 2022, Regular City Council meeting.

Signature ________________________
ATTACHMENT 3

RESOLUTION NO. 2022-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPOINTING CASEY

THOMPSON TO THE PUBLIC SPACES COMMISSION
WHEREAS, The Public Spaces Commission (PSC) was established February 2, 2022, and was a reformation of the Parks, Recreation, and Golf Commission (PRGC) and the Paths, Open Spaces, and Creeks Commission (POSCC), whose members became the PSC member; and WHEREAS, two of the PRGC members opted to not serve on the PSC, leaving two vacancies; and WHEREAS, the vacancies have been noticed since May 20, 2022; and WHEREAS, the City Clerk’s office has received an application from Casey Thompson that meets the residency requirements; with no other applications having been received; and WHEREAS, the City Clerk’s office has received a nomination from Councilmember Crane for the appointment of Casey Thompson.

NOW, THEREFORE, BE IT RESOLVED, that the Ukiah City Council does hereby appoint the following person and term:

BOARD/

COMMISSION

NAME POSITION TERM ENDING
Public Spaces Commission Casey Thompson At-large City or County Representative 8/17/2025
PASSED AND ADOPTED this 17th day of August, 2022, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_______________________________
Jim O. Brown, Mayor
ATTEST:
__________________________________
Kristine Lawler, City Clerk
ATTACHMENT 4

Agenda Item No: 7.k.

MEETING DATE/TIME: 8/17/2022
ITEM NO: 2022-1930

AGENDA SUMMARY REPORT
SUBJECT: Approval of Purchase of a Replacement Symmetra LX Power Array Battery Backup for the Ukiah Police Department Including Installation in the Amount of $35,208, and Approval of Corresponding Budget Amendment.

DEPARTMENT: Police PREPARED BY:

Scott Shaver, I.T. Manager, Mary Horger, Financial
Services Manager, Tracey Porter,
Communications/Records Supervisor, Ryan
Burkhart, IT Manager
PRESENTER: Ryan Burkhart, Information Technology Manager.

ATTACHMENTS:

1. DESIGN quote
Summary: Council will consider approving the purchase of a replacement Symmetra LX Power Array Battery Backup for the Ukiah Police Department (UPD), to provide continued backup power and voltage conditioning for the Dispatch Center and Ukiah Police Department server room in the event of power outages and voltage fluctuations, and consider approval of a corresponding budget amendment.

Background: The current LX Battery Backup was purchased over thirteen years ago and serves as a battery backup system for our UPD Dispatch Center and Server Room. The LX Battery Backup is at end of service life and warranty support ends 8/2/22. City of Ukiah Information Technology has negotiated warranty support to be maintained during the replacement period, to allow for planning and receiving of the replacement equipment and batteries with installation.

Discussion: The Ukiah Police Department is in constant need of a battery backup system that will provide power in the event of outages and voltage fluctuations. All UPD Dispatch computers and PD Server Room servers are protected by the current LX Battery Backup, and represent a component of Public Safety for all UPD operations and officers in the field. A quote was received from The DESIGN Group in the amount of $35,208 for the purchase and installation, as well as on-site start-up, of a Symmetra LX Power array unit. Please see Attachment 1 for a copy of the quote. This system matches the other systems already in place. The price is higher than originally quoted for budget preparation due to material increases. Therefore, a budget amendment is being requested to cover the increased difference.

It is therefore Staff's recommendation to approve the purchase of a battery backup system from The DESIGN Group in the amount of $35,208, and approve the requested corresponding budget amendment.

Recommended Action: Approve the purchase of a replacement Symmetra LX Power Array Battery Backup for the Ukiah Police Department including installation from The Design Group, for the amount of $35,208.00, and approve a corresponding budget amendment.

BUDGET AMENDMENT REQUIRED: Yes
CURRENT BUDGET AMOUNT: 10020210.54100.18330: $28,727
PROPOSED BUDGET AMOUNT: 10020210.54100.18330: $35,208
FINANCING SOURCE: General Fund
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A

COORDINATED WITH: Scott Shaver-IT Special Projects, Ryan Burkhart-IT Manager, and Mary HorgerFinancial Services Manager.




 
   

 
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Agenda Item No: 7.l.

MEETING DATE/TIME: 8/17/2022
ITEM NO: 2022-1933

AGENDA SUMMARY REPORT
SUBJECT: Authorize the City Manager to Negotiate and Execute an Amendment to the Ukiah Western Hills Open Land Acquisition and Limited Development Agreement for Electrical Utility and Communication Infrastructure; and Approve a Corresponding Budget Amendment if Necessary.

DEPARTMENT: City Manager /
Admin PREPARED BY: Maya Simerson, Project & Grant Administrator PRESENTER: Maya Simerson, Grant and Project Administrator.

ATTACHMENTS:

1. COU 2122-201 Property Exchange and Development Agree with Exhibits Summary: Staff is requesting Council approval for the City Manager to negotiate and execute an amendment to the Ukiah Western Hills Open Land Acquisition and Limited Development Agreement for Electrical Utility and Communication infrastructure, and consider approval of a corresponding budget amendment if necessary.

Background: In March of 2022 Council approved an agreement with David Hull for a Property Exchange and Limited Development Agreement (Attachment #1). Part of this agreement referred the needed electrical infrastructure for the development portion of the project (section 2.2.5). Since the execution of that agreement the City has further evaluated it’s needs and determined it requires additional City specific electric and communication utilities to be installed.

Discussion: Mr. Hull is currently working on installing infrastructure, both for water and electric, within the driveway extending off of Redwood Ave. To capitalize on the existing work taking place on the project site at this time, the City would like to amend the agreement with Mr. Hull to install additional infrastructure that will benefit the City. Specifically, there is an anticipated cost savings to the City to have the work completed in joint trenches and prior to Mr. Hull paving the private roadway. Note: the City has an easement within the private roadway that was granted with the original agreement.

Staff is currently finalizing the scope of work and negotiating a price. Staff will provide a supplementary memo to Council regarding this item prior to the Council meeting.

In an effort to realize the best cost savings and economy to scale, Staff recommends that Council authorize the City Manager to negotiate and execute an amendment to the Ukiah Western Hills Open Land Acquisition & Limited Development Agreement for Electrical Utility infrastructure; and approve a corresponding budget amendment if necessary.

Recommended Action: Approve the City Manager to negotiate and execute an amendment to the Ukiah Western Hills Open Land Acquisition and Limited Development Agreement for Electrical Utility and Communication infrastructure, and approve a corresponding budget amendment if necessary.

BUDGET AMENDMENT REQUIRED: TBD
CURRENT BUDGET AMOUNT: TBD
PROPOSED BUDGET AMOUNT: TBD
FINANCING SOURCE: 80126100.80210 PC 18305

PREVIOUS CONTRACT/PURCHASE ORDER NO.: COU 2122-201
COORDINATED WITH: Maya Simerson, Program Administrator, Sage Sangiacomo, City Manager, David Rapport, City Attorney, Cindy Sauers, Electric Utilities Director, and Dave Hull, Property Owner.

Attachment #1

EXHIBIT A

"City Property"

EXHIBIT A-1

EXHIBIT A
-1

EXHIBIT B

EXHIBIT B
(Hull, D&J Investments)
All that certain property situated in the County of Mendocino, State of California, more particularly described as follows:

All those properties located within Sections 19 and 30, Township 15 North, Range 12 West, and within Sections 25 and 26, Township 15 North, Range 13 West, Mount Diablo Meridian, described in the following nine instruments:

1. Instrument No. 2021-10029, Mendocino County Records, D&J Investments, LLC

2. Instrument No. 2021-15566, Mendocino County Records, D&J Investments, LLC

3. Instrument No. 2021-15567, Mendocino County Records, D&J Investments, LLC

4. Instrument No. 2020-08216, Mendocino County Records, Hull

5. Instrument No. 2021-10034, Mendocino County Records, D&J Investments, LLC

6. Instrument No. 2021-10033, Mendocino County Records, D&J Investments, LLC

7. Instrument No. 2021-10032, Mendocino County Records, D&J Investments, LLC

8. Instrument No. 2021-10031, Mendocino County Records, D&J Investments, LLC

9. Instrument No. 2020-18046, Mendocino County Records, Hull, EXCEPTING THEREFROM all that portion land described in Instrument No. 2020-18046 that was granted from Hull to the City of Ukiah by way of Instrument No. 2020-18047.

EXHIBIT B

EXHIBIT C

EXHIBIT D

(Legal Description) Page 1 of 1 20220035RB
Escrow No.: 20220035RB
Title Order No.:

Legal Description
THE LAND REFERRED TO HEREIN BELOW IS DESCRIBED AS FOLLOWS:

TRACT ONE:

Parcel 1, as numbered and designated upon the Parcel Map of Minor Subdivision No. 84-6 filed for record July 26, 1984 in Map Case 2, Drawer 42, Page 2, Mendocino County Records.

APN: 003-181-01
TRACT TWO:

A 5 foot wide public utility easement, as reserved in the Grant Deed executed by City of Ukiah recorded July 16, 1985 in Book 1514, Page 244 of Official Records.

EXHIBIT D
Exhibit D

(Legal Description) Page 1 of 1 20220036RB
Escrow No.: 20220036RB
Title Order No.:

Legal Description
THE LAND REFERRED TO HEREIN BELOW IS DESCRIBED AS FOLLOWS:

Commencing at the Northwest corner of those lands described in deed from Amos Mahurin, et ux to Frank Robinson, et ux, dated November 1, 1930, recorded in Book 56 of Official Records, Page 362 et. seq., Mendocino County Records; thence North 82°25'06" East (Easterly per aforesaid deed), 45.00 feet along the South line of the County road leading from Ukiah to Talmage by way of Twin Oaks to the Point of Beginning; thence continuing North 82°25'06" East, 153.05 feet along the said South line of the County road leading from Ukiah to Talmage to the Northwest corner of Parcel 2 as designated upon the Parcel Map of Minor Subdivision No. 84-6 filed for record July 26, 1984 in Map Case 2, Drawer 42, Page 2, Mendocino County Records; thence along the Northerly line of said Parcel 2 North 82°25'06" East, 47.66 feet; thence continuing along the Northerly and Easterly line of said Parcel 2 through a tangent curve to the right with a radius of 15.00 feet through a central angle of 94°11'05" a distance of 24.66 feet; thence along the Easterly line of said Parcel 2 South 3°23'49" East, 15.76 feet; thence continuing along the Easterly line of said Parcel 2 through a tangent curve to the left with a radius of 3,044.00 feet through a central angle of 2°36'15" a distance of 138.36 feet; thence leaving said Easterly line of said Parcel 2 South 82°25'06" West, 249.76 feet more or less to the West line of the lands described in the aforesaid deed; thence along said West line North 08°31'40" West, 80.00 feet; thence leaving said West line North 82°25'06" East,

45.00 feet; thence North 08°31'40" West, 90.00 feet to the Point of Beginning.

Basis of Bearings: Found monuments as shown on Record of Survey, Map Case 2, Drawer 23, Page 31, Mendocino County Records, being North 08°31'40" West.

APN: 003-582-38
Pursuant to City of Ukiah Boundary Line Adjustment No. BLA 09-07 by Quitclaim Deed recorded October 25, 2010 as 2010-15014 of Official Records.

EXHIBIT E

EXHIBIT E

EXHIBIT F

(Legal Description) Page 1 of 1 20220270RB
Escrow No.: 20220270RB
Title Order No.:

Legal Description
THE LAND REFERRED TO HEREIN BELOW IS DESCRIBED AS FOLLOWS:

Tract One:

Lying within Section 30, T15N, R12W, M.D.B.&M. and Lot 77 of the Yokayo Rancho and being more particularly described as follows:

Beginning at a 1/2” iron pipe plugged L.S. 3089 and being the Northwesterly corner of Lot 2 of said Section 30 as shown per Case 2, Drawer 16, Page 30 M.C.R.; thence S 0°10’50” E 1325.72 feet to a ½” iron pipe plugged L.S. 3089 being the Southwesterly corner of said Lot 2; thence N 87°51’37” E 504.77 feet to a 1/2” iron pipe plugged L.S. 3089 being the Southeasterly corner of said Lot 2; thence along the Easterly line of said Lot N 0°13’08” W 733.49; thence N88° 12’ 00” E 255.00 feet; thence N 41° 14’ 41” W 388.33 feet; thence N 73° 11” 09” W 401.86 feet; North 160 feet to the Northerly line of said Lot 2; thence along said line S 88° 37’ 58” W 120 feet to the point of beginning .

APN: 003-190-08 & 003-500-19
Tract Two:

Together with a non-exclusive easement for ingress, egress and public utilities being a width of 30 feet and lying equally left and right of the following described centerline.

Beginning at a point on the centerline at the Westerly end of San Jacinta Dr. as shown per Case 2, Drawer 13,

with central angle of 39° 56’00” a radius of 50.00 feet, a distance of 34.85 feet; thence S 46°08’ W 70.00 feet to a tangent curve concave to the East; thence thru said curve with a central angle of 76° 08’ a radius of 50.00 feet, a distance of 66.44 feet; thence S 30°00’ E 40.00 feet to a tangent curve concave to the Northwest, thence thru said curve with a central angle of 148° 20’ a radius of 40.00 feet, a distance of 103.56 feet; thence N 61° 40’ W 65.00 to a tangent curve concave to the Northeast, thence thru said curve with a central angle of 44° 40’ a radius of

50.00 feet, a distance of 38.98 feet; thence N 17° 00” W 50.00 feet to a tangent curve concave to the southeast; thence thru said curve with a central angle of 198° 00’ a radius of 75.00 feet, a distance of 259.18 feet; thence S 35° 00’ E 32.81 feet to the terminus of the above described line.

EXHIBIT F

EXHIBIT F

EXHIBIT G

Final Conditions of Approval
Western Hills Open Land Acquisition & Limited Development Agreement Project File No.: 20-5915
1 EXHIBIT G

FINAL CONDITIONS OF APPROVAL FOR

THE UKIAH WESTERN HILLS OPEN LAND ACQUISITION &

LIMITED DEVELOPMENT AGREEMENT PROJECT, INITIAL STUDY AND MITIGATED

NEGATIVE DECLARATION, AND ORDINANCE FOR PREZONING
FILE NO.: 20-5915.

The following Conditions of Approval shall be made a permanent part of the Lot Line Adjustments, Development Agreement, site improvements, prezoning and annexation associated with the Ukiah Western Hills Open Land Acquisition & Limited Development Agreement Project, shall remain in force regardless of property ownership, and shall be implemented in order for this entitlement to remain valid.

Project Summary. The Ukiah Western Hills Open Land Acquisition & Limited Development Project includes the following components: 1) Acquisition and annexation of approximately 707 acres into the City of Ukiah limits; 2) Prezoning the parcels to PF and R1-H (and associated Zoning Map and General Plan Map Amendments upon approval of the annexation application); 3) Sequential Lot Line Adjustments to reconfigure the existing parcels into seven lots (“Development Parcels”) for future potential development; 4) Development Agreement between Hull Properties and the City allowing up to one single-family home and one accessory dwelling unit on each Development Parcel (14 units total); and 5) site improvements including extension of utilities, road improvements, and construction of the water tanks.

The Project includes several parcels located within unincorporated Mendocino County within the Ukiah Western Hills referred to as the “Hull Properties” (APNs 001-040-83, 157-070-01, 157-070- 02, 003-190-01, 157-050-09, 157-060-02, 157-050-02, 157-050-04, 157-050-01, 157-030-02, 157-030-03, 157-050-11 & 157-050-12); “Noguera Properties” (APNs 003-190-09 & 003-110-90); and the City-owned “Donation Parcel” (APNs 157-050-03,157-060-003).

The following Conditions of Approval apply to the Project.

City of Ukiah Special Conditions

1. Approval of the Project is contingent upon City Council approval of the Development Agreement, which includes an easement, road access and maintenance agreement.

2. In accordance with LAFCo-adopted procedures, and as required under the Development Agreement, the City will submit its annexation application to the Mendocino County Local Agency Formation (LAFCo), after it acquires title to the Annexation Parcels, and upon City Council approval of the Proposed Project.

3. An application for annexation and prezoning shall be approved by the Mendocino County Local Agency Formation Commission (LAFCo) prior to the prezoning becoming effective.

Prezoning will also require a General Plan Map Amendment and Zoning Map Amendment, upon approval of the annexation application.

4. Upon approval of the annexation application, a copy of the final Lot Line Adjustment shall be provided to the City Engineer for final review before recordation. The final map shall conform to the Subdivision Map Act and Division 9, Chapter 1 of the Ukiah Municipal Code, as applicable. A copy of the recorded Lot Line Adjustment shall be submitted to the

Final Conditions of Approval
Western Hills Open Land Acquisition & Limited Development Agreement Project File No.: 20-5915
2 Community Development Department prior to submittal of a Use Permit for single family housing within the Development Parcels located within the City’s jurisdiction.

5. In accordance with the terms described in the Development Agreement, Hull shall have the option to withdraw the Hull Development Parcels from the City’s annexation application, if LAFCo has failed to approve the annexation within one (1) year from the date the Executive Officer of LAFCo accepts the application as complete.

6. The Initial Study and Mitigated Negative Declaration prepared for the Project (SCH No. 2021040428) found that construction and ground disturbing activities associated with the Development Agreement, future residential development, and site improvements could result in direct significant impacts to Air Quality, Biological Resources, Cultural/Tribal Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Hydrology and Water Quality, Noise, Utilities and Service Systems, and Wildfire. However, the mitigation measures identified within the Mitigation Monitoring and Reporting Program (Attachment A) shall be implemented as described to reduce potential environmental impacts. These mitigation measures shall apply to all future ground disturbing activities and development (including residential development), as described further in the Mitigation Monitoring Reporting Program.

7. Future residential development of the Development Parcels shall be in accordance with the Hillside Overlay Zoning District regulations contained within UCC Sections 9135-9139.

All future development shall require discretionary review and may require additional environmental review. Additional project-specific Conditions of Approval may be required upon review by City departments and applicable agencies.

8. In accordance with the terms described in the Development Agreement, Hull shall retain the right to develop Development Parcels 1-3 prior to annexation. Single-family homes on Development Parcels 1-3 shall be constructed to R1-H standards by including them in the Declaration of Covenants, Conditions, and Restrictions (CC&Rs). In addition, the mitigation measures contained within the ISMND for residential development shall also be included in the CC&Rs and implemented for Development Parcels 1-3 if developed prior to annexation.

9. If development of Development Parcels 1-3 occurs after annexation, development shall comply with all R1-H development standards and be subject to discretionary review, in accordance with the City’s Hillside Overlay District.

10. The Developer shall obtain regulatory permits, including but not limited to a 401 Water Quality Certification, California Department of Fish and Wildlife Lake and Streambed Alteration Agreement, etc., if work is proposed to the existing culverts, or in and around any watercourses in the future, in accordance with existing regulatory requirements.

11. The water tanks shall be painted green or a similar color to blend into the landscape.

12. An address assignment application shall be submitted to assign addresses to the proposed Development Parcels at the time of development.

City of Ukiah Standard Conditions

13. City Council approval is not effective until the 10-day appeal period applicable to the project has expired without the filing of a timely appeal. If a timely appeal is filed, the project is subject to the outcome of the appeal and shall be revised as necessary to comply

Final Conditions of Approval
Western Hills Open Land Acquisition & Limited Development Agreement Project File No.: 20-5915
3 with any modifications, conditions, or requirements that were imposed as part of the appeal.

14. All use, construction and the location thereof, or occupancy, shall conform to the application and to any supporting documents submitted therewith, including any maps, sketches, or plot plans accompanying the application or submitted by applicant in support thereof.

15. Any construction shall comply with the "Standard Specifications" for such type of construction now existing or which may hereafter be promulgated by the Engineering Department of the City of Ukiah; except where higher standards are imposed by law, rule, or regulation or by action of the Planning Commission such standards shall be met.

16. The Applicant shall submit verification of all applicable permits or approvals in compliance with all local, state and federal laws to the Community Development Department prior to issuance of building permits.

Department of Public Works

17. Future residential development and site improvements (including road and access improvements) shall be reviewed by the Department of Public Works to identify sitespecific requirements.

18. Construction projects that would disturb more than one acre of land, would be subject to the requirements of General Construction Activity Stormwater Permit (Construction General Permit Order 2009-0009-DWQ, also known as the CGP), which requires operators of such construction sites to implement stormwater controls and develop a Stormwater Pollution Prevention Plan (SWPPP) identifying specific BMPs to be implemented to reduce the amount of sediment and other pollutants associated with construction sites from being discharged in stormwater runoff.

19. Applicable City water and sewer connection fees shall be paid at the time of building permit issuance.

20. All work within the public right-of-way shall be performed by a licensed and properly insured contractor. The contractor shall obtain an encroachment permit for work within this area or otherwise affecting this area. Encroachment permit fee shall be $45 plus 3% of estimated construction costs.

Electric Utility Department

21. A 10-ft. utility easement for any underground distribution extended into the parcel beyond the existing PUE shall be required. Prior to recordation of the Lot Line Adjustment easements must be surveyed and deeded or defined on the map. Alterations to the 10-ft. utility easement shall be submitted to the COUEUD for approval.

22. Upon individual parcel development, additional easements may be required to provide electric service.

23. Future site improvements shall be submitted to the Electric Utility Department for review and comment. Construction requirements and associated developer costs will be determined to provide electric service.

24. Developer shall incur all costs of project, to include labor, materials, and equipment.

Final Conditions of Approval
Western Hills Open Land Acquisition & Limited Development Agreement Project File No.: 20-5915
4 Building Division

25. Submit plans and building permit application. Please submit four complete plan sets, two wet stamped and signed. All Conditions of Approval shall be printed on the first page of the Building Plans.

26. The design and construction of all site alterations shall comply with the current California Building Code, Plumbing Code, Electrical Code, California Mechanical Code, California Fire Code, California Energy Code, Title 24 California Energy Efficiency Standards, California Green Building Standards Code and City of Ukiah Ordinances and Amendments.

Ukiah Valley Fire Authority

27. All access improvements, roadways and residential development shall be reviewed by the Fire Marshall and adhere to all current local, state and federal fire regulations relating to access and safety, including but not limited to: California Building Code, Chapter 7A (Materials and Construction Methods for Exterior Wildfire Exposure, including Wildland Urban Interface regulations); California Residential Code, Section R337 (Materials and Construction Methods for Exterior Wildlife Exposure); California Referenced Standards Code, Chapter 12-7A (Fire Resistive Standards); California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 3 (Fire Hazard Reduction Around Buildings and Structures); and California Government Code, Section 51182 (Very High Fire Hazard Severity Zones).

In addition, Public Resources Code Sections 4290 and 4291 contain additional requirements for lands within Very High Fire Severity Zones. These include the following in order to provide defensible space and fire protection for new construction and ensure adequate emergency access: increased property line setbacks for all applicable construction; on-site water storage for fire protection, driveway/roadway types and specifications based on designated usage; all weather driveway/roadway surfaces being engineered for 75,000lb vehicles; maximum slope of 16%; turnout requirements; gate requirements and setbacks, parking standards, fuels reduction regulations, etc.

Final Conditions of Approval
Western Hills Open Land Acquisition & Limited Development Agreement Project File No.: 20-5915
5 ATTACHMENT A

UKIAH WESTERN HILLS OPEN LAND & LIMITED DEVELOPMENT AGREEMENT PROJECT

MITIGATION MONITORING REPORTING PROGRAM
Potential Impact Mitigation Measure Implementation
Responsibility
Monitoring &
Reporting
Responsibility
Timing Date
Implemented
Construction and
ground disturbing
activities could
result in shortterm impacts to
air quality.

AQ-1: Diesel Engines – Stationary and Portable
Equipment and Mobile Vehicles:

1. Any stationary onsite diesel IC engines 50
horsepower or greater (i.e. large power
generators or pumps) or any propane or natural
gas engines 250 horsepower or greater may
require a permit from the District.

2. Portable diesel powered equipment that may be
used during the proposed project are required to
be registered with the state Portable Equipment
Registration Program (PERP) or obtain permits
from the District.

3. Projects located adjacent to sensitive receptors
(schools, child care facilities, health care facilities, senior facilities, businesses, and residences, etc.)
during the construction phase of this project have
the potential for exposure to diesel particulate.

4. Heavy duty truck idling and off-road diesel
equipment or other diesel engine idling is limited
to less than 5 minutes.

Developer Developer
During
construction
and ground
disturbing
activities
AQ-2: Grading Projects- During Construction-All
grading activities must comply with the following
fugitive dust mitigation measures in accordance with
District Regulation 1, Rule 1-430:

1. All visibly dry disturbed soil road surfaces shall be watered to minimize fugitive dust emissions.

Developer Developer
During
construction
and ground
disturbing
activities

Final Conditions of Approval
Western Hills Open Land Acquisition & Limited Development Agreement Project File No.: 20-5915
6 2. All unpaved surfaces, unless otherwise treated
with suitable chemicals or oils, shall have a
posted speed limit of 10 mph.

3. Earth or other material that has been transported
by trucking or earth moving equipment, erosion
by water, or other means onto paved streets shall
be promptly removed.

4. Asphalt, oil, water, or suitable chemicals shall be
applied on materials stockpiles, and other
surfaces that can give rise airborne dusts.

5. All earthmoving activities shall cease when
sustained winds exceed 15 mph.

6. The operator shall take reasonable precautions
to prevent the entry of unauthorized vehicles onto
the site during non-work hours.

7. The operator shall keep a daily log of activities to control fugitive dust.

8. For projects greater than one acre or one mile of
road not located within a Naturally Occurring
Asbestos Area, prior to starting any construction
the applicant is required to:

1. Submit a Large Area Grading permit
application to the District.

2. Obtain a final determination from the Air
Quality Management District as to the need
for an Asbestos Dust Mitigation Plan and/or
Geologic Survey to comply with CCR
sections 93106 and 93105 relating to
Naturally Occurring Asbestos.

3. Obtain written verification from the District
stating that the project is in compliance with
State and Local regulations relating to
Naturally Occurring Asbestos.

4. If the project is located within a Naturally
Occurring Asbestos Area, additional
mitigations shall be required.

Final Conditions of Approval
Western Hills Open Land Acquisition & Limited Development Agreement Project File No.: 20-5915
7 AQ-3: Property Development-Prior to starting any
construction, the applicant is required to:
a. Obtain a Property Development Permit from the
District for any open outdoor burning.
b. Obtain a Grading Permit, if applicable.
c. Confirm whether the project is in a Naturally
Occurring Asbestos Area, and follow additional
MCAQMD recommendations, if applicable.
d. Consider alternate means of disposal other than
open burning, such as cutting the majority of the
larger material up as firewood, and chipping
smaller material, if feasible to mitigate impacts
from open outdoor burning.
e. Obtain written verification from the MCAQMD
stating that the project is in compliance with State
and Local regulations.

Developer Developer Prior to
construction
Biological Resources
Construction
and ground
disturbing
activities could
result in impacts
to sensitive
plant species
and sensitive
woodland tree
habiat
BIO-1: Sensitive Trees. If trees are proposed for
removal, preconstruction surveys shall be conducted
by a qualified biologist to identify Oregon white oak
forest and woodland, as well as California bay forest
and woodland habitat; removal of sensitive habitat
shall be conducted in accordance with California
Department of Fish and Wildlife (CDFW) regulations.

Qualified
Biologist Developer
Prior to
ground
disturbing
activities
Construction and
ground disturbing
activities could
impact Red-belly
newt, and other
special status
amphibians and
their habitat
BIO-2: Sensitive Amphibian Species. A qualified
biologist shall survey the area prior to any
groundbreaking activities to determine the presence of
Red-belly newt, or other sensitive amphibian species,
and identify additional avoidance measures, if needed.

A qualified biologist shall be on-site for any dewatering event to address the potential for the presence of
Qualified
Biologist Developer
Prior to
ground
disturbing
activities

Final Conditions of Approval
Western Hills Open Land Acquisition & Limited Development Agreement Project File No.: 20-5915
8 sensitive amphibian species such as foothill yellowlegged frog (Rana boylii).

Construction,
vegetation
removal, and
ground disturbing
activities could
impact nesting
birds and their
habitat
BIO-3: Nesting Birds. Pre-construction surveys shall
be conducted prior to any vegetation removal or
ground disturbing activities occurring between March
1 and August 31 of any year. All active bird nests shall not be removed, relocated, or otherwise disturbed for
any purpose until all fledglings have left the nest.

Qualified
Biologist Developer
Prior to
vegetation
removal or
ground
disturbing
activities
between
March 1 and
August 31
Construction and
ground disturbing
activities could
impact specialstatus insects and
their habitat
BIO-4: Special-Status Insects. A qualified biologist
shall survey the area prior to any groundbreaking
activities to determine the presence of special-status
insect species and identify additional avoidance
measures if needed. If a special-status insect nests
are observed, active nests shall not be removed,
relocated, or otherwise disturbed until the nest
becomes inactive.

Qualified
Biologist Developer
Prior to
ground
disturbing
activities
Construction and
ground disturbing
activities could
impact specialstatus mammals
and their habitat
BIO-5: Special-Status Mammals. Pre-construction
surveys shall be conducted prior to any vegetation
removal or ground disturbing activities. If evidence of bat roosts is observed (i.e. bat guano, ammonia odor,
grease stained cavities) around trees or structures,
pre-construction bat surveys shall be conducted by a
qualified biologist for activities that may affect bat
roosting habitat and den sites.

Qualified
Biologist Developer
Prior to
ground
disturbing
activities
Cultural Resources and Tribal Cultural Resources

Final Conditions of Approval
Western Hills Open Land Acquisition & Limited Development Agreement Project File No.: 20-5915
9 Ground disturbing
activities have the
potential for
accidental
discovery of
unknown,
undiscovered
cultural resources
and tribal cultural
resources
CUL-1: Unanticipated Discovery. If previously
unidentified cultural, historic, palentologic or
archeologic resources are encountered during project
implementation, altering the materials and their
stratigraphic context shall be avoided and work shall
halt immediately. A qualified professional
archaeologist shall be contacted to evaluate the
resource and methods necessary to protect it. Project
personnel shall not collect, move, or disturb cultural
resources. Prehistoric resources include, but are not
limited to, chert or obsidian flakes, projectile points, mortars, pestles, and dark friable soil containing shell and bone dietary debris, heat-affected rock, or human
burials. Historic resources include stone or abode
foundations or walls; structures and remains with
square nails; and refuse deposits or bottle dumps,
often located in old wells or privies.

Qualified
archaeologist Developer
During
ground
disturbing
activities
Ground disturbing
activities have the
potential for
accidental
discovery of
unknown Native
American
remains
CUL-2: Encountering Native American Remains. If
human remains are encountered during ground
disturbing activities, all work shall stop in the
immediate vicinity of the discovered remains and the
County Coroner and a qualified archaeologist shall be
notified immediately so that an evaluation can be
performed. If the remains are deemed to be Native
American and prehistoric, the Native American
Heritage Commission must be contacted by the
Coroner so that a “Most Likely Descendant” can be
designated and further recommendations regarding
treatment of the remains will be provided.

Qualified
archaeologist Developer
During
ground
disturbing
activities
Geology and Soils
Ground disturbing
activities could
result in impacts
associated with
Incorporation of Mitigation Measure CUL-1 Qualified
archaeologist Developer
During
ground
disturbing
activities

Final Conditions of Approval
Western Hills Open Land Acquisition & Limited Development Agreement Project File No.: 20-5915
10 erosion, the loss
of topsoil and
landslides if not
properly designed
GEO-1: The Project shall comply with the erosion and
design standards outlined in Chapter 7 of the Ukiah
City Code. Prior to any ground disturbance, erosion
and sediment control plans shall be submitted to the
Public Works and Community Development
Departments for review and approval. Said plans shall
protect against soil erosion and runoff through the
implementation of appropriate Best Management
Practices (BMPs). Typical BMPs include the
placement of straw, mulch, seeding, straw wattles, silt fencing, etc. No silt, sediment or other materials shall be allowed to flow from the project area.

Developer Developer
Prior to any
ground
disturbance
and
throughout
construction
activities;
ongoing as
needed to
control
erosion
Hazards and Hazardous Materials
Project
construction
could result in a
hazard to the
public or the
environment if the
incidental use of
petroleum
hydrocarbons
(fuel, oil) in tools
used during
construction were
to lead to
accidental leaks
or spills in or
around the work
area
HAZ-1: The developer shall establish and implement
construction site management practices that will
prevent toxic materials and other debris from entering
the City’s storm drainage and waterway systems,
including:
a) There shall be no storage of hazardous materials
at the Project Site;
b) The developer shall provide adequate materials
management, including covering, securing, and
segregating potentially toxic materials (grease,
oils, fuel, solvents, etc.); and
c) The developer shall maintain supplies on-hand to
contain spills of oil and any other hazardous
materials used on-site.

Developer Developer During
construction
Construction of
the Project may
involve the use of
gasoline-powered
tools and
equipment
potentially
HAZ-2: Should portable gasoline-powered equipment
be used on site, the following firesafe precautions
shall be taken:
a) Spark arresters are required on all portable
gasoline-powered equipment.
b) Equipment shall be maintained in good working
condition, with exhaust systems and spark
Developer Developer During
construction

Final Conditions of Approval
Western Hills Open Land Acquisition & Limited Development Agreement Project File No.: 20-5915
11 introducing new
temporary
sources of
ignition that could
increase fire risk.
arresters in proper working order and free of
carbon buildup.
c) Fuel the equipment in a safe place where spills
can be contained and a fire extinguisher is
nearby. Use the recommended gas/oil mixture
and do not top off. Use a funnel or spout for
pouring. Wipe off any spills.
d) Do not refuel running or hot equipment. Dispense
fuel at least 10 feet from sources of ignition.
e) Do not use equipment in areas of dry vegetation.

Keep leaves and dry materials away from a hot
muffler.
f) No smoking or open flame allowed near gasolinepowered equipment.

Hydrology and Water Quality
Ground disturbing
activities and
construction of
the project would
result in
impervious
surfaces that
could impact
water quality
Implementation of Mitigation Measures GEO-1 and
HAZ-1 Developer Developer
Prior to and
during
construction;
ongoing as
needed to
control
erosion
Noise
Ground disturbing
activities and
construction of
the project would
result in
temporary noise
impacts
NOI-1: Prior to building permit or grading permit
issuance, the developer shall comply with the
following:
a. Construction contracts shall specify that all
construction equipment, fixed or mobile, shall be
equipped with properly operating and maintained
mufflers and other state-required noise
attenuation devices.
b. Construction haul routes shall be designed to
avoid or lessen impacts to noise-sensitive uses
Developer Developer
Prior to
issuance of
building or
grading
permits, and
during
construction

Final Conditions of Approval
Western Hills Open Land Acquisition & Limited Development Agreement Project File No.: 20-5915
12 (e.g., residences, schools, convalescent homes),
to the extent feasible.
c. During construction, stationary construction
equipment shall be placed such that emitted noise
is directed away from sensitive noise receivers.
d. Per the City’s Noise Ordinance, construction shall
not take place outside of the hours of 7:00 a.m. to
7:00 p.m.

Utilities and Service Systems
City sewer, water
and electric
utilities would be
extended to the
area which could
result in physical
impacts to the
environment
Implementation of BIO-1 through BIO-5, and GEO-1. See BIO-1 through BIO-5
and GEO-1
See BIO-1
through BIO-5
and GEO-1
See BIO-1
through
BIO-5 and
GEO-1
Wildfire
Construction of
the Project may
involve the use of
gasoline-powered
equipment and
machinery,
potentially
introducing new
sources of
ignition that could
increase fire risk
Implementation of Mitigation Measure HAZ-2 Developer Developer During construction

EXHIBIT H

EXHIBIT I

1 EXHIBIT I

EXHIBIT I

INSURANCE REQUIREMENTS
Hull and upon its creation the Homeowners Association (“Association”) shall maintain insurance against claims for injuries to persons or damages to property, which may arise from or in connection with their pre-Close of Escrow investigations under Section 1 of this Agreement in accordance with Section 1.2.2.

A. Minimum Scope of Insurance
Coverage shall be at least as broad as:

1. Insurance Services Office ("ISO) Commercial General Liability Coverage Form No. CG 00 01 11 85.

B. Minimum Limits of Insurance
Association shall maintain limits no less than:

1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, the general aggregate limit shall apply separately to the work performed under this Agreement, or the aggregate limit shall be twice the prescribed per occurrence limit.

C. Other Insurance Provisions
The policy is to contain, or be endorsed to contain, the following provisions:

1. General Liability Coverage
a. The City, it officers, officials, employees and volunteers are to be covered as additional insureds as it relates to any of Hull’s pre-Close of Escrow investigation actions on City-owned property as provided in Section 1.2.2 of this Agreement. The coverage shall contain no special limitations on the scope-of-protection afforded to the City, its officers, officials, employees or volunteers.
b. The insurance coverage shall be primary insurance with respect to the City and its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City and its officers, officials, employees or volunteers shall be excess of the insurance required by this provision and shall not contribute with it.
c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City and its officers, officials, employees or volunteers.

2 EXHIBIT I
d. This insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

4. All Coverages
The Insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, or reduced in coverage or in limits, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. Notwithstanding that, the insurance coverage provided by this provision may be cancelled without notice upon the Close of Escrow.

E. Acceptability of Insurers
Insurance is to be placed with an admitted or non-admitted California insurer with an AA.M. Best's rating.

F. Verification of Coverage
Hull shall furnish the City with a certificate(s) of Insurance and with Endorsements effecting coverage required by this Agreement. The Certificates and Endorsements for each insurance policy are to be issued or signed by a person authorized by that insurer to bind coverage on its behalf. All Certificates and Endorsements are subject to review by the City on request. The City reserves the right to require complete, certified copies of all insurance policies required by this Exhibit.

EXHIBIT J

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EXHIBIT K

MEMORANDUM OF AGREEMENT WITH RESPECT TO

PROPERTY PURCHASE-SALE / EXCHANGE AND DEVELOPMENT AGREEMENT _________________________
Effective March __, 2022, the City of Ukiah (“City”), a general law municipal corporation, whose address is ____________________, Ukiah , CA 95482, David J. Hull, individually as Trustee of the David J. Hull Living Trust, and D&J Investments, LLC, a California limited liability company (collectively “Hull” or “Developer”), whose address is ___________________, Ukiah, CA 95482, entered into a certain agreement entitled Property Purchase-Sale / Exchange And Development Agreement (“Exchange & Development Agreement”).

The Exchange & Development Agreement includes certain rights, restrictions, encumbrances, and obligations effecting and otherwise in connection with the real property more particularly described in Exhibits A and B, which exhibits are attached hereto and incorporated herein by reference.

The terms and conditions of the Exchange & Development Agreement are more particularly described in said agreement, to which reference is herein made for all purposes.

This Memorandum is being executed and recorded in the Official Records of Mendocino County, California in order to give notice of the provisions of the Exchange & Development Agreement and this Memorandum shall not be deemed or construed to define, limit, or modify said agreement in any manner.

EXHIBIT A to Memorandum
(Hull, D&J Investments)
All that certain property situated in the County of Mendocino, State of California, more particularly described as follows:

All those properties located within Sections 19 and 30, Township 15 North, Range 12 West, and within Sections 25 and 26, Township 15 North, Range 13 West, Mount Diablo Meridian, described in the following nine instruments:

1. Instrument No. 2021-10029, Mendocino County Records, D&J Investments, LLC

2. Instrument No. 2021-15566, Mendocino County Records, D&J Investments, LLC

3. Instrument No. 2021-15567, Mendocino County Records, D&J Investments, LLC

4. Instrument No. 2020-08216, Mendocino County Records, Hull

5. Instrument No. 2021-10034, Mendocino County Records, D&J Investments, LLC

6. Instrument No. 2021-10033, Mendocino County Records, D&J Investments, LLC

7. Instrument No. 2021-10032, Mendocino County Records, D&J Investments, LLC

8. Instrument No. 2021-10031, Mendocino County Records, D&J Investments, LLC

9. Instrument No. 2020-18046, Mendocino County Records, Hull, EXCEPTING THEREFROM all that portion land described in Instrument No. 2020-18046 that was granted from Hull to the City of Ukiah by way of Instrument No. 2020-18047.

EXHIBIT A to Memorandum

EXHIBIT B TO MEMORANDUM

Exhibit
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Parcel 4
AP 001-040-83
tN 2020-08216

77.6 acres
Additional
Development area
Portion of Porcels 3 & 4
*40 acres
Parcel 2
AP 003-190't0x
w\y
lN 2021-15566

5.0 ocres Parcel I
AP 003-190-l0x
tN 2021-10429

10.0 acres
24 l|19
Exi49E
Parcel 3
AP 157-050-09, llx
AP 157*07A-05
AP 003-190-10x
tN 2021:15567
153.2 ocres
70' easement
Future
water tank
Noguera
Centerline of 70'
aosament, see
Exhlbit A for
legal description
Note;
Shoded orea = Residentiol Davelopment Area a
(oko Hull Residential Porcels)
N
Road. Easement
Residential DevelciPment Area
Redwood Avenue, Ukiah
Iular 22, 2022 Seale: 1" =700'
0 7oo 1400 2taa
C2

Exhibit L
Property Purchase-Sale / Exchange and Development Agreement and Joint Escrow Instructions 1 Reservation in Grant Deed from Hull to City of Hull Properties Re Hull Residential Parcels David J. Hull, individually and as Trustee of the David J. Hull Living Trust, and D&J Investments, LLC, as California limited liability company (“Hull” of “Grantor”), on the one hand, and the City of Ukiah, a general law California City (“City” or “Grantee”)), on the other hand do hereby acknowledge and agree that the form of reservation of easement for the benefit of Hull and burdening the real properties to be acquired by City, as required by the Property Purchase-Sale / Exchange and Development Agreement and Joint Escrow Instructions (“Exchange Agreement”), shall substantially include the content below.

RESERVATION OF EASEMENT
In Hull’s transfer of title in and to the Hull Properties to City under the Exchange Agreement, the deed by which said transfer is made and recorded shall contain a reservation providing that Hull, including Hull’s successors, heirs, and assigns forever, reserves from said grant, transfer, and conveyance an exclusive easement for ingress, egress, and public and private utilities, on, over, under, and through the following described real property:

ALL THAT CERTAIN REAL PROPERTY situated in or about Ukiah, Mendocino County, California, more particularly described in Exhibit A and as shown in Exhibit B and Exhibit C2; and ALL THAT CERTAIN REAL PROPERTY situated in or about Ukiah, Mendocino County, California, more particularly described in Exhibit C1 as shown in Exhibit C2, for purposes of further sewer, electric and water utilities infrastructure, including without limitation wells, storage tanks, pipes and components, the precise location of said infrastructure which shall be determined during construction and subsequently described by a surveyed easement instrument which shall be recorded and amend this provision.

Each such referenced Exhibit is attached hereto and incorporated herein by reference.

Said reservation of easement is appurtenant to the real property described in Exhibit C1 as shown in Exhibit C2 (including any re-subdivisions thereof or parcels created therein)—attached hereto and incorporated herein by reference—for all lawful purposes, including but not limited to residential development and use. Said easement shall run with said lands, including any parcels created within it.

Said reservation of easement is also in gross to Grantor, together with the right and power to convey to others (in whole or in part) the easement(s) granted in this instrument, and shall remain so regardless of Grantor’s ownership of any lands.

Said reservation of easement includes the right to use, construct, reconstruct, repair, replace, maintain, and inspect facilities used to provide utilities, including but not limited to, electrical, cable, telecommunications, gas, sewer, and water. Said facilities include, but are not limited to, conduits, cables, manholes, vaults, utility poles, guying equipment, semi buried or ground mounted facilities such as pads, transformers, cable, or communication pedestals and other necessary or convenient facilities used for these purposes.

This reservation of easement includes not only Grantor’s right to use the easement as described above but also a right of access thereto across Grantee’s real property and to erect, maintain, and replace signs

Exhibit L
Property Purchase-Sale / Exchange and Development Agreement and Joint Escrow Instructions 2 and markers warning of the location of said facilities, to survey within said easement, and to place or replace surveying stakes and monuments or a permanent nature therein.

Said grant is made together with the right of Grantor to re-convey, in whole or in part, non-exclusive easements to third parties for the easements reserved by this instrument.

Grantee retains the right to use the land subject to the easements provided that use does not obstruct or otherwise interference with Grantor’s use of the easement of the purposes set forth herein.

trXHIBIT IIAII
A 70 foct r.ride exclusive easement over a portion of the D & J fnvestments '^r PruPEr uJsD i ^^ aD described in the Quitclaim Deeds recorded July A7, 202L .1s Tnstrument Number 2027-LAO29 and Octoher 15, 2A2l as Instrument Numbers 2A2: *755€,6 and L5561 , Mendocino County Records as shol,rn on the attached EXHfBIT ttBtI and the cente::}ine of saici easement is as desc::ibed below:

BEGINNING at the southeast corner of the D & J Inrzestments property described in Instrument Number 2021-70029, Mendocino Ccunty Records, said poin[ being on the centerline of a prival-e road as shown on the Record of Survey map recorded in Map Case 2, Drawer 21, Page 7r Mendocino Cc,unty Records; 1-hence along the centerline of saj-d road North 85" 26.'00" L{e"st, 109.50 feet,'thence along a curve to the left with a radius of 275.00 feet, a central angle of 11og4t3gtt and an arc length of 53.16 feet; thence South 33a2gr3p't West,743.44 feet; thence along a curve to the right with a radius of- 60.00 feet, a central- angle of 4go55r3grt and.an arc length of 42"86 feet; thence North r1 \o35r63rr WesL. 59.56 feet; thence along a curve to the right with a radius of 20.A0 feet, a centr:at angle c,f 721 '70100" and an arc length of 44.39 feet;'thence North 71o35tggrr East, 54.41 feet; thence alonq a curve to the left with a radius of 75.00 feet, a central angle of 75o09r30tt and an arc length of 98.38 feet; thence North 63o34t39't West, 38"02 feet; thence along a curve Lo Lhe right with a radius of 40.00 feet, a central angle of 59o36rggtt and an arc lerrgth of 4?,.52 feet,'thence alonq a curve to the left with a radius of 70.00 feet. a central angle of 39o58'00" and an arc length of 48.83 feet; thence along a curve to the right with a radius of 70.00 feet, a centraf angle of 64042t001t and an arc length of 79.05 feet,'thence along a curve to the }eft with a radius of 150.00 feet, a eentral angJ e of 15o 03 ' 00tr and an arc Lengt' oF 42.02 f eet,' thencd North 74o36rq0ir East, 44.06 feet; thence along a curve to the left with a radius of 90.00 feet, a central angle of 4:-o561'1gtt and an arc length of 65.88 feet; thence No::th 32o40'00" East, 129.99 feet; thence along a curve to the lefr with a radius of 30.00 teet, a central dnqle of 158"45'00" and an arc length of 83"12 feet; thence South 53o55rggtt West,

74.32 -f eer,' chence alcng a curve to che righc wi th a radius of 50. 00 f eet, a central angle of 49"72'30" and an arc length of 42-94 feet," thence North "76'52 '30" West, 9't.68 feet," thence along a curve to the right with a radius of 340"00 feet, a central angle of 12"40i(J0" and an arc tength of -i 5.Ll Iee1 ,' thencc NoLth b4a'i'2i.3i11 Wesr/ 90.Jb Ieet," ch+nce along d curve to the left with a radius of 180.00 teet, a central anqle of 13o59t66tt ancl an arc lenqt h of 5y.6= f eet,' thence North 83" Ll '-3u" West, -b.34 leet,' t hence o -ong a curve to ihe right wit-h a radius of 220.00 feet, a centrai angie of Lio5Jii0ii ano an arc length of 5.J. J4 feet; thence NolLn 69o1;;6;ri Wesr/ 235.59 feet; thence aiong a curve to the ieft with a raciius of 270.00 feet, a central angie of 13c5'2tg6t; and an arc length of b5.35 feet,'thence No::th 33o16tggtr InTest | 5-l .b I teet; thence along a curve to the -left lvilh a radius of 2uA"A0 feet, a centrat anqle of 45"28'Li" and an arc Iength of Lb2.2.L feet; thence a-1ong a cLrrve to the right r,uith a raci.ius of 200 - 00 feet, a ientrdi ang L-- of b4'U3'5J" and dn arc -engrh of '2'23.b3 f eet; t nence North 65'34'1v" WesL, 153.52 Leet,' thencc along a curve to the Iett wiih a radius .^^-t ^ ^E - n J --' i-)L ]i .^i or rt\J.... J IeeL, a 1E..,-dr drrvrE ur : J- J5" anci dn arc length of -56.09 f eet.' ttrence South *J9'54 I 060' West/ 160.58 f eet; thence along a curve to the right with a radius of 80.00 feet, a central angle of 55034i13ii anci an arc iength of '71 .59 feet,' thence aio.ng a curve r:o t-he iefi with a radius of .E0. 00 f eet, a central angle of B9c 1B i i5 ii and an arc tength of L24.69 f eet,' thence South U6'1U'r:J1" Westt l4.l-l feet; f-hence alorrg a curve to the left Page r or z Reservation of Easement

,,.Jith e radius cf 150.00 feet, a central angle of 20c28 i 07ir and an arc length of 53.59''feet; thence South i4oLBl06" East, 57.98 feet; thence along a curve to the right vrith a raciius of i20.00 feet, a centrai angle of " 60' 4-7 | 42" and an arc length of i21 .33 feet; thence South 460'29t 35tt Vfest,

70.00 feet; thence continuing along saici road in a westeriy direction approximateiy 1000 feet to the westeriy end of the "Adciitional Development Area" as described on the attached Exhibit and as shown on the attached .ilxhrort .

Easements locateci r^rithin AP 003-190-i0x, 157-070-05 and 157-050-09 & 11x Reowooci Avenue, Uklah, CA
This real property description has been prepared
hy me or uncier my di-rection in conformance with
L'he Professional Land Surveyor r s Act.

Ron W. Franz L,S. 'i7i3 Dateci
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Exhibit
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Parcel 4
AP 001-040-83
tN 2020-08216

77.6 acres
Additional
Development area
Portion of Porcels 3 & 4
*40 acres
Parcel 2
AP 003-190't0x
w\y
lN 2021-15566

5.0 ocres Parcel I
AP 003-190-l0x
tN 2021-10429

10.0 acres
24 l|19
Exi49E
Parcel 3
AP 157-050-09, llx
AP 157*07A-05
AP 003-190-10x
tN 2021:15567
153.2 ocres
70' easement
Future
water tank
Noguera
Centerline of 70'
aosament, see
Exhlbit A for
legal description
Note;
Shoded orea = Residentiol Davelopment Area a
(oko Hull Residential Porcels)
N
Road. Easement
Residential DevelciPment Area
Redwood Avenue, Ukiah
Iular 22, 2022 Seale: 1" =700'
0 7oo 1400 2taa
C2

Exhibit M
Property Purchase-Sale / Exchange and Development Agreement and Joint Escrow Instructions 1 Reservation in Grant Deed from Hull to City of Hull Properties Re San Jacinta Properties David J. Hull, individually and as Trustee of the David J. Hull Living Trust, and D&J Investments, LLC, as California limited liability company (“Hull” of “Grantor”), on the one hand, and the City of Ukiah, a general law California City (“City” or “Grantee”)), on the other hand do hereby acknowledge and agree that the form of reservation of easement for the benefit of Hull and burdening the real properties to be acquired by City, as required by the Property Purchase-Sale / Exchange and Development Agreement and Joint Escrow Instructions (“Exchange Agreement”), shall substantially include the content below.

RESERVATION OF EASMENT
In Hull’s transfer of title in and to the Hull Properties to City under the Exchange Agreement, the deed by which said transfer is made and recorded shall contain a reservation providing that Hull, including Hull’s successors, heirs, and assigns forever, reserves from said grant, transfer, and conveyance an exclusive easement for ingress, egress, and public and private utilities, on, over, under, and through the following described real property:

ALL THAT CERTAIN REAL PROPERTY situated in or about Ukiah, Mendocino County, California, more particularly described in Exhibit A and as shown in Exhibit B, each of which is attached hereto and incorporated herein by reference.

Said reservation of easement is appurtenant to the real property described in Exhibit C (including any re-subdivisions thereof or parcels created therein)—attached hereto and incorporated herein by reference—for all lawful purposes, including but not limited to residential development and use. Said easement shall run with said lands, including any parcels created within it.

Said reservation of easement is also in gross to Grantor, together with the right and power to convey to others (in whole or in part) the easement(s) granted in this instrument, and shall remain so regardless of Grantor’s ownership of any lands.

Said reservation of easement includes the right to use, construct, reconstruct, repair, replace, maintain, and inspect facilities used to provide utilities, including but not limited to, electrical, cable, telecommunications, gas, sewer, and water. Said facilities include, but are not limited to, conduits, cables, manholes, vaults, utility poles, guying equipment, semi buried or ground mounted facilities such as pads, transformers, cable, or communication pedestals and other necessary or convenient facilities used for these purposes.

This reservation of easement includes not only Grantor’s right to use the easement as described above but also a right of access thereto across Grantee’s real property and to erect, maintain, and replace signs and markers warning of the location of said facilities, to survey within said easement, and to place or replace surveying stakes and monuments or a permanent nature therein.

Said grant is made together with the right of Grantor to re-convey, in whole or in part, non-exclusive easements to third parties for the easements reserved by this instrument.

Grantee retains the right to use the land subject to the easements provided that use does not obstruct or otherwise interference with Grantor’s use of the easement of the purposes set forth herein.

EXI{IBIT iiAii
A T0 foot wicie non-exciusive easement over a portion of l]he Eiiison property as describeci in the Quitciaim Deeci recorcieci July 10 ' 2A20 as Instrument. l\umber 2A2O-O82iB, anq over a portion of .the D&J f nvestmeni-s ;;;;;;y ciescribeci in the Quiiciaim oeeci recorcied - -Juiv L, Zazl as lnstrument i'{ufnber 202i*iAA2g, iuienoocino County Recorcts ' saici easement is ;;:;;;;--or--fi." attached ExHrBrr "B" arrci the cJnteriine of saici easement is oescribed below:

BEGr-NNING aI the northeast e orner of the said Eilison propert-y'' th'ence aiong the north iine of said property ancj along the cenieriine of an exisfing road, North 85"25t0U" hfest, -l 09-50 feet,'thence alonq a curve to the left wrth a radius of 21b.oo feet, a central angle of 11'04i30" and an arc length of Sr.fe feet,'thence South 83o29'30" Westr L43'44 feet; thence ieaving saicj properry iine and continuing aiong saicr roao aiong a curve 1-o the right with a raciius of 00.00 feet, a central angle or.4Do55'30u'and an arc length of 42.85 feei ano being the eno of this line ciescription" Easemeht iocateci within AP 003-1go-io & 11f Redwood Avenue, ukiah' cA This reai property descripiion has been prepareci
by me or urrci"t my oirection in conformance ruith
the Professionai Lanci Surveyor's Act'
Ron W Franz L. S. ilare0

Exhibit " B"
lN * lnstrument Number,
Mendocino County Records
/P - lssessor Porcal
Existing rood ond centedine
of existing 70' wide eaeement
for accasi ond uttlitles per
-
'/
1036 oR 67, os snovn 7i necoT\ / of Survey mop recorded in Mop \.

Cose 2,'Droier 27, Poge l, tiCR V
D&J lnvestments
tN 2o2t-10029
Portlon of
AP 003-190-10
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Noguero
tN 2018-04364
AP 003-190:09
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s9825'18"W
Lina Toble
Dlrectlon Distonce
N9526'OO"W 109.50' s8329'30'W 143.44'
Length Delta ' Radlus

53.16' u'04'50" 275.00' 42.86' 4055'30" 60.00'
Noguero
tN 2018-04363
AP OO3-fi0-70 e 90
Elllson
tN 2020-0E218
AP OA3-190-11
Line
L1
L2
Curve
ct
c2
Easement Plat Map
Redwood Avenue, Ukiah
Mar 23, 2022 -- Scale: 7"=760'
End of new 70'
wlde eosement
Centerllne of new
70' wide eosement
(Ll, Cl, L2; C2)
Curve Toble

(Legal Description) Page 1 of 1 20220270RB
Escrow No.: 20220270RB
Title Order No.:

Legal Description
THE LAND REFERRED TO HEREIN BELOW IS DESCRIBED AS FOLLOWS:

Tract One:

Lying within Section 30, T15N, R12W, M.D.B.&M. and Lot 77 of the Yokayo Rancho and being more particularly described as follows:

Beginning at a 1/2” iron pipe plugged L.S. 3089 and being the Northwesterly corner of Lot 2 of said Section 30 as shown per Case 2, Drawer 16, Page 30 M.C.R.; thence S 0°10’50” E 1325.72 feet to a ½” iron pipe plugged L.S. 3089 being the Southwesterly corner of said Lot 2; thence N 87°51’37” E 504.77 feet to a 1/2” iron pipe plugged L.S. 3089 being the Southeasterly corner of said Lot 2; thence along the Easterly line of said Lot N 0°13’08” W 733.49; thence N88° 12’ 00” E 255.00 feet; thence N 41° 14’ 41” W 388.33 feet; thence N 73° 11” 09” W 401.86 feet; North 160 feet to the Northerly line of said Lot 2; thence along said line S 88° 37’ 58” W 120 feet to the point of beginning .

APN: 003-190-08 & 003-500-19
Tract Two:

Together with a non-exclusive easement for ingress, egress and public utilities being a width of 30 feet and lying equally left and right of the following described centerline.

Beginning at a point on the centerline at the Westerly end of San Jacinta Dr. as shown per Case 2, Drawer 13,

with central angle of 39° 56’00” a radius of 50.00 feet, a distance of 34.85 feet; thence S 46°08’ W 70.00 feet to a tangent curve concave to the East; thence thru said curve with a central angle of 76° 08’ a radius of 50.00 feet, a distance of 66.44 feet; thence S 30°00’ E 40.00 feet to a tangent curve concave to the Northwest, thence thru said curve with a central angle of 148° 20’ a radius of 40.00 feet, a distance of 103.56 feet; thence N 61° 40’ W 65.00 to a tangent curve concave to the Northeast, thence thru said curve with a central angle of 44° 40’ a radius of

50.00 feet, a distance of 38.98 feet; thence N 17° 00” W 50.00 feet to a tangent curve concave to the southeast; thence thru said curve with a central angle of 198° 00’ a radius of 75.00 feet, a distance of 259.18 feet; thence S 35° 00’ E 32.81 feet to the terminus of the above described line.

EXHIBIT F

EXHIBIT C

Exhibit N
Property Purchase-Sale / Exchange and Development Agreement and Joint Escrow Instructions Grant Deed (Easement) from Hull to City Re Hull Residential Parcels David J. Hull, individually and as Trustee of the David J. Hull Living Trust, and D&J Investments, LLC, as California limited liability company (“Hull” of “Grantor”), on the one hand, and the City of Ukiah, a general law California City (“City” or “Grantee”)), on the other hand do hereby acknowledge and agree that the form of grant deeded easement for the benefit of City and burdening the Hull Residential Parcels, as required by the Property Purchase-Sale / Exchange and Development Agreement and Joint Escrow Instructions (“Exchange Agreement”), shall substantially include the content below.

GRANT DEED EASEMENT
In Hull’s transfer of title in and to the Hull Properties to City under the Exchange Agreement, the deed by which said transfer is made and recorded shall contain a reservation providing that Hull, including Hull’s successors, heirs, and assigns forever, reserves from said grant, transfer, and conveyance an exclusive easement for ingress, egress, and public and private utilities, on, over, under, certain described real property as provided for elsewhere in the Exchange Agreement. Upon recording of the grant deed containing said reservation, Hull shall then cause to be recorded a grant deed (easement) to City for a non-exclusive easement for ingress, egress, and public utilities, on, over, under, and through the following described real property:

ALL THAT CERTAIN REAL PROPERTY situated in or about Ukiah, Mendocino County, California, more particularly described in Exhibit A and as shown in Exhibit B, each of which is attached hereto and incorporated herein by reference.

Said easement shall run with said lands, including any parcels created within it. Said grant of easement is appurtenant to the real property described in Exhibit C (including any re-subdivisions thereof or parcels created therein)—attached hereto and incorporated herein by reference—for all lawful purposes, including but not limited to residential development and use. Said easement shall run with said lands, including any parcels created within it. Except as provided above regarding the real property described in Exhibit C, said grant of easement is appurtenant to the real property described in Exhibits D and E— attached hereto and incorporated herein by reference—for open space use only Said grant of easement includes the right to use, construct, reconstruct, repair, replace, maintain, and inspect facilities used to provide utilities, including but not limited to, electrical, cable, telecommunications, gas, sewer, and water. Said facilities include, but are not limited to, conduits, cables, manholes, vaults, utility poles, guying equipment, semi buried or ground mounted facilities such as pads, transformers, cable, or communication pedestals and other necessary or convenient facilities used for these purposes.

This grant of easement includes not only Grantee’s right to use the easement as described above but also a right of access thereto across Grantor’s real property and to erect, maintain, and replace signs and markers warning of the location of said facilities, to survey within said easement, and to place or replace surveying stakes and monuments or a permanent nature therein.

Grantor retains the right to use the right, title, and interest that is subject to the easement in this instrument provided that use does not obstruct or otherwise interference with Grantee’s use of the easement of the purposes set forth herein.

EXIITBTT rrAi'
(D&J Investments)
A 70 foot wide non-exclusive easement over a porti-on of the D &,J- rnve.stments properties as described in the euitclaim Deeds recorded ,ruiy 0i, 2o2L as rnstrument Number 2a21-i0029 and october 1-5, 2021 as rnstrumeni Numbers 2O2i-75566 anci 75561, Menciocino County Records as shown on the atLached EXHrBrr trB" ancl the centeriine of said easement is as described be,low: ..

BEGTNNTNG at the southeast corner of the D & J rnvestments property ciescrlbed in rnst.rument Number 2a27-ia02gt Mendocino county Records,-said point being on the centeriine of a private roaci as shown on the Record of survey map recorcieci j-n Map case 2, Drawer 2J, page l, Mendocino Count_.y Recorcis; thence along the centerline of saici road- North B5 c26 r (_)0r, W;r;; 109.50 feet; thence aiong a curve ro the left wlth a radius of 215.00 feer, a central anqle of 11q04r30ri and an arc length of 53.1-6 feet; thence south 83o291301t west, 143.44 feet; thence along a curve to lhe right with a radius of 60-00 feeL, a central angle of 40c55'30* and an arc length of 42.86 feet; thence North 55o35i00ri west, 59.56 feet; thence along a curve to the, right with a radius of 20.00 feet, a central angle of aZl"J-0,00,,and an arl length of 44.39 feet; thence North Tlca5igglr Eastr 54.4j feet; thence aiong a cllrve to the Ieft wiih a rarlius of 75.00 feei, a centrar angle of 15o09'30" and an arc length of 98.3g feet; thence North 03ca4,30i, west, 38.02 feet,'thence aiong a curve to the right with a radius of 40.00 feet, a central angle of 69o30to0" and an arc length of 4g.sz feet; thence along a curve to the left with a radius of 70.00 feet, a central angle of 39o59 r ggrr and an arc length of 4g. g3 feet,. thence along a curve to the right.r,rith a radius of 70.0u feet, a central angle of 64"-42'00" a;d -n -r" length of 79.05 feet,'thence along a curve to the left with a radius of 150'00. feet, a centqal angle of 16603'00" and an arc rength of 42.02 feet,. thence North 74o35r39'r East. 44.C6 feet; thence along a curve to the left with a radius of 90.00 feet, a c^entral angJ-e of 47"56i30,, anci an arc length of 65.88 feet; thence North 32c46r69tr nist, LZg.gg feet; thence along a curve to the left rsith a raciius of 30.00 feet, a central angle of i53o45; ggtt and an arc length of 83.12 feet; thence South 53"55, gg,,- West, i4'32 feet; thence along a curve to the right with a raciius of 50.00 feet, a central angie of 4go12r3gir and an arc rength of 42.g4 feet; thence North 76"52'30" tr{est, 95.69 feet,. thence along a.curve to the right wlttr a radius of 340'00 feet, a central anqle of 1264g'gg" anci an arc tength of 75,l-7 feet; thence North 64'72 r30r' I{est I g0.36 feet; thence along a curve to the left with a radius of 180.00 feet, a central angle of 16"5!'69" i"J r. length of 59-64 feet; thence North 83"11'30" west "r" t L6.34 reet;- tir""lurrrorrq a curve to the right with a raciius of 220.00 feet, a central angie of 13o53t36'r ancl an arc length of 53.34 feet; thence North 69.18,6g,,- West, 235'59 feet; thence al-ong a curve to the left with a radius of 270.00 feet, a central angle of 13"52'00" and an arc length of 6s.35 feet; thence North 93c16'ggri West, 57.57 feet; thence along a curve to the left with a radius of 200.00 feet, a central angle of 46";L8'!1" and an arc length of 162.2L feet; thence along a curve to the right with a raciius of 200.00 feet, a central angle of 64003'53" and an arc length of 223.63 feet; thence North 65'34'l-9" west, 153.52 feet,. thence along J.,.rr.r* to the }eft with a radius of 120'00 feet, a central angle of 74"tL'35" and an arc J-ength of 156,09 feet; thence south 39"54r06" West, 160.58 feet; thence along a curve to the 1ight. wi!-h a radius of 80'.00 feet, a central angle of 55c34r16, and an arc length of 77.59 feet; thence along a curve to the left with a radi-us of 8o'00 feet, a central angle of 69"{gr15" and an arc tenqth of 1-24.69 feet; Page i of 2 D & J investments to City easement

thence South 060 10 r 01rr klest | 14.t-l f eet,- thence along a curve to 'the 1ef t with a radius of 150.00 feet, a central angle of 2Ac2810J11 and an arc iength of 53.59 feeL; ihence Souih i4'18'06" Eastt 5i-98 feet; thence aiong a curve to the right ruiih a radius of i20.O0 feet, a centrai angie of 5Xc 41 t 42ti and an arc length of 127.33 feel*; thence South 464 29t 36tr west, ?n /V.VV r^rn lgEL, €^^+. +hence U, continuing along said roaci in a westeriy ciirection approximateiy i000 feet to the l^resterly enci of the t'Aciciitionai Deweiopment Area" as ciescribeci on the attacheci Exhibit B2 anci as shown on the attacheci Elxn-rf,}I- BJ.
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EA'sements locateci within AP 003-190-1-0x, i57-070-05 anci 157-050*09 & 11x Redwoocj Avenue, Ukiah, CA !
This reai properiy ciescription has been prepared
by me or uncier my direction in conformance with
the Professiona-r Lanci Surveyor I s Act.

B.on W. Franz L.S. 1Li3 Dated
Paqe 2 oi 2 D & J InvesLments to City easement

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EXHIBIT I'B2I'
(Hul I and D&J fnvestmenls)
A11 that certain property sltuated 1n the Countlz of Mendocino. State of Cafifornia, more particularly describ6d as follows:

Alf those properties "l-ocated wj-thin Sections 19 and 30. Township 15 North, Range 12 West, Mount Dlablo Merldlan descrlbed.as follows:

An approximate_ 40 acre area lying within the properties described in fnstrument Nur,r[cers 202A-082L5 and 2021-L5567, Mendocino County Records, labeled as Parce]s 3 and

4.:ori the atbached Exhibit *B3". (Owned by HulI and DeJ fnvestments, portion of AP 001-040-83, portion of AP 003-190-10 and portion of AP 157-070-05). 't ,i:

This area is shown on the attached Exhibit "B3". labeled Additionaf Residential Development Area.

Exhibit " 83"
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F.)
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Parcel 4
AP 001-040-83
tN 2020-08216

77.6 acres
Additional
Development area
Portion of Porcels 3 & 4
*40 acres
Parcel 2
AP 003-190't0x
w\y
lN 2021-15566

5.0 ocres Parcel I
AP 003-190-l0x
tN 2021-10429

10.0 acres
24 l|19
Exi49E
Parcel 3
AP 157-050-09, llx
AP 157*07A-05
AP 003-190-10x
tN 2021:15567
153.2 ocres
70' easement
Future
water tank
Noguera
Centerline of 70'
aosament, see
Exhlbit A for
legal description
Note;
Shoded orea = Residentiol Davelopment Area a
(oko Hull Residential Porcels)
N
Road. Easement
Residential DevelciPment Area
Redwood Avenue, Ukiah
Iular 22, 2022 Seale: 1" =700'
0 7oo 1400 2taa

EXHIBIT D
(Hull, D&J Investments)
All that certain property situated in the County of Mendocino, State of California, more particularly described as follows:

All those properties located within Sections 19 and 30, Township 15 North, Range 12 West, and within Sections 25 and 26, Township 15 North, Range 13 West, Mount Diablo Meridian, described in the following nine instruments:

1. Instrument No. 2021-10029, Mendocino County Records, D&J Investments, LLC

2. Instrument No. 2021-15566, Mendocino County Records, D&J Investments, LLC

3. Instrument No. 2021-15567, Mendocino County Records, D&J Investments, LLC

4. Instrument No. 2020-08216, Mendocino County Records, Hull

5. Instrument No. 2021-10034, Mendocino County Records, D&J Investments, LLC

6. Instrument No. 2021-10033, Mendocino County Records, D&J Investments, LLC

7. Instrument No. 2021-10032, Mendocino County Records, D&J Investments, LLC

8. Instrument No. 2021-10031, Mendocino County Records, D&J Investments, LLC

9. Instrument No. 2020-18046, Mendocino County Records, Hull, EXCEPTING THEREFROM all that portion land described in Instrument No. 2020-18046 that was granted from Hull to the City of Ukiah by way of Instrument No. 2020-18047.

EXHIBIT D