Reso 2020-039 - Laserfiche WebLink

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8 Developer hereby agrees to form a homeowner association (“HOA”) to own, maintain, repair and manage streets, storm drains (including any Municipal Regional Stormwater Permit compliance features), sanitary sewer systems, utilities, landscaping, common areas and other improvements within the Single-Family Parcel as a common interest development under the Davis-Stirling Common Interest Development Act. The purpose of the HOA will be to enforce the rules and regulations adopted from time to time by its board of directors, enhance and protect the value, desirability, and attractiveness of the community, and discharge such other lawful duties and responsibilities as may be required pursuant to its bylaws and the declaration of covenants, conditions and restrictions (“CC&Rs”) to be recorded in the Office of the Recorder of Alameda County. The CC&Rs shall require the construction, protection, preservation and maintenance of the appearance, condition, function and operation of the Single-Family Parcel and the Single-Family Element, including but not limited to all landscaping visible from any public or private road. In addition to other matters, the CC&Rs shall provide for the coordination of the Single Family Element with the operation of the City’s Marina Golf Course, maintenance of borders and access between the Single Family Element and the Marina Golf Course, and communications between the occupants of the Single-Family Element and the operator of the Marina Golf Course. Prior to recordation of the declaration of CC&Rs, Developer agrees to provide City a reasonable opportunity to review and comment on the provisions of the CC&Rs to ensure consistency and compliance with the requirements of this Agreement and any other applicable law. City shall not unreasonably withhold its approval of the CC&Rs. 1.4.2. Golf Course Element. In the event that Developer acquires the Single Family Parcel from City pursuant to the Single Family Parcel PSA, Developer shall redesign and reconstruct, at Developer’s sole expense, a nine-hole links style par 3 golf course located on that portion of the City’s Marina Golf Course not sold by the City to the Developer, as further described in Exhibit C, attached hereto and incorporated herein by this reference (the “Golf Course Parcel”). The Parties acknowledge that the City is and shall remain the owner of the Golf Course Parcel after the close of escrow for the Single Family Parcel. The Golf Course Parcel shall be stripped of existing improvements and landscaping, then graded and improved to create a new golf course. The existing north lake (subject to City-approved reconfiguration), mature trees (where feasible and appropriate as determined by the City Public Works Director), and the monarch butterfly nesting area shall remain. Per Mitigation Measure BIO-1A in the San Leandro Shoreline Development Final EIR, a Monarch Butterfly Roosting Habitat Protection Program (MBRHPP) shall be prepared by a qualified biologist and ensure adequate avoidance and protection of the winter roosting colony, consistent with the intent of Section 4-1-1000, Interference with Monarch Butterflies Prohibited, of the San Leandro Municipal Code. Improvements shall include a new irrigation system, stormwater management and drainage features, landscaping, concrete paths, and a protection fence for the residential neighborhood to the east as well as a new attendant shack and restroom. A golf cart path shall connect the new entrance with the existing crosswalk on Fairway Drive, in a location approved by the City. The existing maintenance yard and building shall remain, subject to any changes by the City as a part of the construction of the new Mulford-Marina Library. The existing water pipe connecting the north lake to the 18 hole golf course to the south of Fairway Drive shall remain. Final golf course design and any changes to existing infrastructure, including water features, are subject to review and approval of the Public Works and Engineering & Transportation Departments.