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192. Applicant/Developer hereby agrees to form a homeowner association ("HOA") to own, maintain,
<br />repair and manage streets, storm drains (including any Municipal Regional Stormwater Permit
<br />compliance features), sanitary sewer systems, utilities, landscaping, common areas and other
<br />improvements within the Single -Family Parcel as a common interest development under the Davis -
<br />Stirling Common Interest Development Act. The purpose of the HOA will be to enforce the rules and
<br />regulations adopted from time to time by its board of directors, enhance and protect the value,
<br />desirability, and attractiveness of the community, and discharge such other lawful duties and
<br />responsibilities as may be required pursuant to its bylaws and the declaration of covenants,
<br />conditions and restrictions ("CC&Rs") to be recorded in the Office of the Recorder of Alameda
<br />County. , Applicant/Developer agrees to provide City a reasonable opportunity to review and
<br />comment on the provisions of the CC&Rs to ensure consistency and compliance with the
<br />requirements of this Agreement and any other applicable law. City shall not unreasonably withhold
<br />its approval of the CC&Rs.
<br />193. Prior to Final Map approval for the further subdivision of the Single -Family Element Parcel, the
<br />Applicant/Developer shall submit three copies of a conditions, covenants and restrictions document
<br />(CC&Rs) for review and approval by the Community Development Department and Engineering &
<br />Transportation Department. Said CC&Rs shall apply to the entire Single -Family Element. The CC&Rs
<br />shall include provisions for creation of a Homeowners Association (HOA) comprising representatives
<br />of each product type at a minimum with the responsibility to provide for, at minimum:
<br />a. A Homeowners' Association (HOA) shall be formed and shall be responsible in perpetuity,
<br />for the ownership, maintenance, repair, restoration, replacement, and management of:
<br />i. All parcels held in common, open space and common area improvements
<br />including building exteriors, private driveways, private alleys, access easements,
<br />pedestrian paths and walkways, fencing, masonry walls, retaining walls, sound
<br />walls, signage and hardware, and trash and recycling areas;
<br />ii. Common area and front yard/street side yard landscaping and irrigation systems,
<br />streets, sanitary sewer systems, and utilities including all privately -owned
<br />permanent stormwater management facilities included in the approved
<br />Stormwater Control Plan and the approved Stormwater Control Operations and
<br />Maintenance Plan.
<br />iii. Enforcement of the CC&Rs and providing written notice of any violation to the
<br />property owners.
<br />b. Reciprocal easements over all common parcels for maintenance purposes;
<br />C. Restrictions on parking consistent with the project approvals and a process to enforce
<br />parking restrictions;
<br />d. General maintenance schedules for painting, roofing, parking lot repaving, and the like;
<br />e. Maintenance of landscaping, including replacement of any dead or dying plants for the
<br />life of the development;
<br />f. Waste management best practices;
<br />g. Responsibility for ongoing pavement maintenance needs to ensure that the interior
<br />private paved areas are maintained properly by paving and slurry sealing on a periodic
<br />basis to keep them safe and well -maintained in the long term;
<br />h. Contain a statement that in the event these areas or facilities are not properly
<br />maintained, repaired, restored, replaced or managed according to the approved plans,
<br />each property owner shall be responsible for their proportionate share of these costs,
<br />secured by a lien on the property in favor of the HOA, in accordance with the HOA
<br />procedures;
<br />Recommended Conditions of Approval June 21, 2022
<br />PLN22-0008, PLN21-0020 & PLN21-0021 Page 33 of 39
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