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Reso 43-21 Approving Amendment No. 2 to the Recreational Use License Agreement Between the City of Dublin and Zone 7 of the Alameda County Flood Control and Water Conservation District
Reso. No. 43-21, Item 4.2, Adopted 05/18/2021 Page 1 of 2 RESOLUTION NO. 43 - 21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AMENDMENT NO. 2 TO THE RECREATIONAL USE LICENSE AGREEMENT BETWEEN THE CITY OF DUBLIN AND ZONE 7 OF THE ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT WHEREAS, the Alameda County Flood Control and Water Conservation District (Zone 7) and the City previously entered into a License Agreement on March 18, 1987, as authorized by City Council Resolution No. 15-87; and WHEREAS, the 1987 License Agreement and Modifications 1 -5 were replaced by a Recreational Use License Agreement between Zone 7 and the City on February 15, 2005, as authorized by City Council Resolution No. 16-05 (“License”); and WHEREAS, Zone 7 and the City entered into Amendment No. 1 to the License on October 16, 2007, as authorized by City Council Resolution No. 192 -07; and WHEREAS, Zone 7 has agreed to allow the City to use certain flood control channel properties (“Licensed Areas”) to construct, improve, maintain and operate the Licensed Areas for park and recreation purposes; and WHEREAS, Zone 7 and the City have mutually agreed to add additional channel properties to the License for the purpose of using said properties for park and recreational facilities use under the terms of said License; and WHEREAS, Amendment No. 2 to the License proposes to add Chabot Creek within the Boulevard Development (formerly Dublin Crossing) and within the future Don Biddle Community Park area, Canal 2 along Arnold Road within the Boulevard Development (“Boulevard Parcels”), and Line G-1-1, located along the south side of Dublin Boulevard between Dublin Sports Grounds and Dublin Court (“Line G-1-1 Parcel”) to the License; and WHEREAS, Zone 7 will accept title to the Boulevard Parcels by separate instrument from Dublin Crossing, LLC, and the City has accepted the Grant of Easement from Zone 7 for the maintenance of the pedestrian bridge crossing on the Line G-1-1 Parcel (Alameda County Recorder Document Series No. 2021049210); and WHEREAS, the City intends to operate and maintain allowable activities per Section 6 of the Dublin Crossing Long Term Management Plan within the Boulevard Parcels and maintain the pedestrian bridge crossing within the Line G-1-1 Parcel. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve Amendment No. 2 to the Recreational Use License Agreement between Alameda County Flood Control and Water Conservation District (Zone 7) and the City of Dublin, attached hereto as Exhibit A. Reso. No. 43-21, Item 4.2, Adopted 05/18/2021 Page 2 of 2 BE IT FURTHER RESOLVED that the City Manager is authorized to execute Amendment No. 2 to the Recreational Use License Agreement and make any necessary, non -substantive changes to carry out the intent of this Resolution. BE IT FURTHER RESOLVED that the City Clerk of the City of Dublin is hereby directed to transmit a certified copy of this Resolution, along with duplicate executed copies of Amendment No. 2 to the Recreational Use License Agreement to Zone 7 for Zone 7 approval and processing, as necessary. PASSED, APPROVED AND ADOPTED this 18th day of May 2021, by the following vote: AYES: Councilmembers Hu, Josey, Kumagai, McCorriston and Mayor Hernandez NOES: ABSENT: ABSTAIN: ____________________________ Mayor ATTEST: ______________________________ City Clerk DUBLIN BLVD.STERLING STREETCOLUMBUS STREETCENTRAL PKWY. HORIZON PKWY. HORIZON PKWY. NUGGET WAY PARK SITE PARK SITE S C A R L E T T D R I V E ZONE 7 ACCESS EASEMENT CHABOT CREEKLICENSED AREA ZONE 7 ACCESS EASEMENT ZONE 7 ACCESS EASEMENT ZONE 7 ACCESS EASEMENT CHABOT CREEK LICENSED AREA CHABOT CREEKLICENSED AREA CHABOT CREEK LICENSED AREA DUBLIN BLVD.ARNOLD ROADARNOLD ROADIRON HORSE PKWY.STERLING STREETCENTRAL PKWY. CENTRAL PKWY. HORIZON PKWY. HORIZON PKWY. SCHOOL SITE CANAL 2 LICENSED AREA ZONE 7 ACCESS EASEMENT ZONE 7 ACCESS EASEMENT CANAL 2 LICENSED AREA ZONE 7 ACCESS EASEMENT CANAL 2 LICENSED AREA ZONE 7 ACCESS EASEMENT Addendum to: Long Term Management Plan Dublin Crossing Dublin, Alameda County, California November 4, 2020 Prepared For: Dublin Crossing, LLC 4750 Willow Road, Suite 530 San Ramon, California 94583 Prepared by: Johnson Marigot Consulting, LLC Ms. Sadie McGarvey 88 North Hill Drive, Suite C Brisbane, California 94005 EXHIBIT D Addendum to the Dublin Crossing Johnson Marigot Consulting, LLC Long Term Management Plan November 4 2020 ADDENDUM TO: LONG TERM MANAGEMENT PLAN DUBLIN CROSSING Contents 1.0 Introduction .............................................................................................................................................. 1 1.1 Purpose of Addendum ........................................................................................................................................ 1 SECTION 2. Location and Description of Scarlett Drive Restoration Areas .................................. 2 Section 3. Land Ownership, Funding, and Legal Protection ............................................................... 3 3.1 Land Owner and Conservator ......................................................................................................................... 3 3.2 Funding ..................................................................................................................................................................... 3 3.3 Legal Protection ................................................................................................................................................... 3 List of Figures Figure 1. Scarlett Drive/Iron Horse Trail Extension Project Mitigation Map List of Tables Table 1. Scarlett Drive Restoration Areas Long-Term Maintenance and Management Cost Table List of Appendices Appendix A. Long-Term Management Plan, Dublin Crossing (prepared by Johnson Marigot Consulting, LLC., dated April 2017) Appendix B. Proposed Deed Restriction for the Scarlet Drive Restoration Area Addendum to the Dublin Crossing Johnson Marigot Consulting, LLC Long Term Management Plan 1 November 4, 2020 1.0 INTRODUCTION 1.1 PURPOSE OF ADDENDUM The Dublin Crossing Mitigation Site has been approved as mitigation land to provide compensatory mitigation for unavoidable impacts to wetlands and other waters on the Dublin Crossing Project site in the City of Dublin, Alameda County, California. This mitigation includes the creation of 0.70 acre of wetland, restoration of 528 linear feet of highly disturbed canals, and enhancement of 2,261 linear feet of disturbed canals (Dublin Crossing Mitigation Area). A long term management plan (Long-Term Management Plan, Dublin Crossing, prepared by Johnson Marigot Consulting, LLC., dated April 2017) (Dublin Crossing LTMP) has been prepared and approved for this mitigation. The Dublin Crossing LTMP is included as Appendix A. Separately from this previously-approved mitigation package, the Scarlett Drive/Iron Horse Trail Extension Project (the project), a City of Dublin capital improvement project, for which Dublin Crossing, LLC is the applicant (Applicant), proposes to relocate approximately 0.466 acre (2,225 linear feet) of drainage ditches within the Scarlett Drive/Iron Horse Trail Extension Project site (the project site) (Scarlett Drive Onsite Mitigation Area), and restore 691 linear feet (0.79 acre) of wetland canal within Canal 2 on the Dublin Crossing Project site (Scarlett Drive Restoration Areas) (approximately 0.7 mile northeast of the project site). The relocated drainage ditches within the Scarlett Drive Onsite Mitigation Area would be monitored for mitigation success and managed in perpetuity as a discrete unit, separate from the restored canal. The Scarlett Drive Restoration Are would likewise be monitored for mitigation success as a discrete unit within the Dublin Crossing Mitigation Site boundaries, but would be incorporated into the Dublin Crossing Mitigation Site management regime, to be managed in perpetuity pursuant to the Dublin Crossing LTMP. Upon completion of the mitigation monitoring period established for the restored channel within the Scarlett Drive Restoration Areas, the restored areas will be incorporated into the management regime for the Dublin Crossing Mitigation Area. The Dublin Crossing LTMP was prepared to ensure the proposed mitigation is managed, monitored, and maintained in perpetuity. This Addendum (LTMP Addendum) has been prepared to incorporate mitigation areas specific to the Scarlett Drive/Iron Horse Trail Extension Project into the Dublin Crossing LTMP. This LTMP Addendum covers the 691 linear feet (0.79 acre) of restored canal within Canal 2 associated with the project. A separate Mitigation and Monitoring Plan (MMP) Addendum for the Scarlett Drive/Iron Horse Trail Extension Project-related mitigation has been prepared (MMP Addendum). The MMP Addendum is being submitted to the Corps, RWQCB, and CDFW concurrently with this LTMP for review and approval. Addendum to the Dublin Crossing Johnson Marigot Consulting, LLC Long Term Management Plan 2 November 4, 2020 SECTION 2. LOCATION AND DESCRIPTION OF SCARLETT DRIVE RESTORATION AREAS The approximately 157.6-acre Dublin Crossing development project site (wherein the Scarlett Drive Restoration Areas are located) is located within the 2,484-acre Parks Reserve Forces Training Area (Camp Parks) in the City of Dublin, Alameda County, California. The Scarlett Drive Restoration Areas are located within Canal 2, approximately 1.0 mile northeast of the interchange of Interstate Highways 580 and 680, immediately north of Dublin Boulevard and west of Arnold Road (Figure 1). Canal 2 is a partially encased, partially concrete-lined, trapezoidal channel that flows primarily along Arnold Road immediately east of the eastern boundary of the Dublin Crossing Mitigation Site. Because Canal 2 is highly disturbed, with significant portions lined by concrete and riprap, it is largely unvegetated with margins that are dominated by ruderal vegetation and ornamental trees. Canal 2 begins as a concrete-lined channel northeast of the Dublin Crossing Mitigation Site in the Tassajara Creek Regional Park. The 1961 USGS Quadrangle map shows an unnamed drainage near the beginning of this canal; Canal 2 was likely constructed to direct runoff from this drainage and the surrounding watershed to circumvent the proximal residential and commercial developments. The Scarlett Drive Restoration Areas were selected as a mitigation site for project-related impacts to their proximity to the impacted waters of the U.S./State (approximately 0.7 mile northeast of the impact site), and the ideal opportunity to restore the functions and values within the canal that have been lost due to placement of rip rap and concrete within the canal, as well as the historic management practices of the area within and adjacent to the canal. The restoration this canal, described in detail in the MMP Addendum, will restore the natural form and function of these features, and improve the functions and services they provide through the recontouring and revegetating of the banks via the implementation of a riparian planting plan. Addendum to the Dublin Crossing Johnson Marigot Consulting, LLC Long Term Management Plan 3 November 4, 2020 SECTION 3. LAND OWNERSHIP, FUNDING, AND LEGAL PROTECTION 3.1 LAND OWNER AND CONSERVATOR The Scarlett Drive Restoration Area will be owned by the Zone 7 Water Agency (Zone 7), the public agency which will also act as Land Manager in accordance with the Dublin Crossing LTMP. Zone 7 will also act as the Land Conservator in accordance with the terms and conditions defined in Dublin Crossing LTMP (and addenda), and the terms defined in the Deed Restriction for the Scarlet Drive Restoration Area (Appendix B). Note that there is a draft of a Deed Restriction located in the body of the Long-Term Management Plan (Dated April 5, 2017), in Appendix A that is superseded by the Deed Restriction in Appendix B. 3.2 FUNDING An adequate funding mechanism will be in place to pay for the long-term management and monitoring obligations of the Land Manager prior to Project-related discharges into waters of the U.S./State. Table 1 summarizes the anticipated costs of long-term management for the Scarlett Drive Restoration Areas. These costs include estimates of additional time and funding needed to conduct and coordinate basic monitoring site surveys and reporting, weed abatement, trash removal, and infrastructure repair within the Scarlett Drive Restoration Areas, to be conducted concurrently with the maintenance and management tasks of the Dublin Crossing Mitigation Site. The total annual additional cost for required tasks has been estimated to be approximately $6,025. An additional 10% of annual costs has been added to this total as a contingency fund to pay for unanticipated items and activities necessary to meet the goal of the conservation area. Accordingly, the total required annual funding is anticipated to be approximately $6,627.50. The applicant is proposing to fund the operations and maintenance through monies deposited into the existing Dublin Crossing Mitigation Site Endowment account. It is expected that the capitalization of the endowment account balance (capitalization and principal) will reach an amount that will fully fund the annual operations and maintenance via endowment returns. At the ROI rate of 1.5%, in order to sufficiently fund the long-term maintenance and monitoring of the Scarlett Drive Mitigation Area within Canal 2, the total additional contribution to the Dublin Crossing Mitigation Site Endowment will be $380,000 (see Table 1). This account will mature (without withdrawal) during the performance monitoring period of the mitigation site (expected to be ten years) during which all management and maintenance responsibilities will be borne by the applicant. Zone 7 will hold the endowment principal and interest monies required in a Special Deposit Fund, and will only draw from the interest (or investment returns) (i.e., the endowment fund will be a non-wasting account capable of producing minimum returns to fund the long-term management and monitoring activities for the Scarlett Drive Restoration Areas in a manner consistent with the Dublin Crossing LTMP). 3.3 LEGAL PROTECTION The Scarlett Drive Restoration Areas will be set aside and protected by recorded deed restriction with the goal of keeping the canals in a condition that preserves their significant biological, hydrologic, and topographic features, as much as is reasonably possible, for the benefit of the land and for public enjoyment. The deed restrictions will be recorded with Alameda County, and will run Addendum to the Dublin Crossing Johnson Marigot Consulting, LLC Long Term Management Plan 4 November 4, 2020 with the land in perpetuity. The deed restrictions will limit land uses and management of the Scarlett Drive Restoration Areas to ensure protection of the biotic resources (i.e. protect conservation values). Addendum to the Dublin Crossing Johnson Marigot Consulting, LLC Long Term Management Plan November 4, 2020 List of Figures Figure 1. Scarlett Drive/Iron Horse Trail Extension Project Mitigation Map Map Location H:\Scarlett Road\mxds\ScarlettRoad_Mitigation.mxdDOUGHERTY RDARNOLD RDDUBLIN BLVD. 0.119 ac. / 520 LF 0.093 ac. / 403 LF 0.055 ac. / 230 LF 0.062 ac. / 357 LF 0.046 ac. / 190 LF 0.091 ac. / 525 LF See Inset Map CENTRAL PKWY HORIZON PKWY Created/Revised: 10/11/2019 SCARLETT DRIVE/IRON HORSETRAIL EXTENSION PROJECT Dublin, California Mitigation Map 0 250 500 SCALE IN FEET Scarlett Drive Project Area (8.4 acres) Drainage Ditch Relocation: 2,225 linear feet (0.466 acre) Riparian Area Restoration (0.743 acre) Restored Riparian Area Channel Restoration: 691 linear feet (0.047 acre) Scarlett Drive On-site Mitigation Scarlett Drive Off-site Mitigation Dublin Crossing Off-site Mitigation ARNOLD RDScarlett Drive Off-site MitigationChannel: 0.023 ac. / 337 LFRiparian Area: 0.371 ac. Scarlett Drive Off-site MitigationChannel: 0.024 ac. / 354 LFRiparian Area: 0.372 ac. Dublin Crossing Off-site Mitigation Dublin Crossing Off-site Mitigation Dublin Crossing Off-site Mitigation Dublin Crossing Off-site Mitigation HORIZON PKWY CENTRAL PKWY 0 150 300 SCALE IN FEET Restored Channel Inset Map (691 linear feet (0.790 acre)) (2,225 linear feet (0.466 acres)) Addendum to the Dublin Crossing Johnson Marigot Consulting, LLC Long Term Management Plan November 4, 2020 List of Tables Table 1. Scarlett Drive Restoration Areas Long-Term Maintenance and Management Cost Table Addendum to the Dublin Crossing Johnson Marigot Consulting, LLC Long Term Management Plan November 4, 2020 Table 1. Scarlett Drive Mitigation Area within Canal 2 Long-Term Maintenance and Management Cost Table Estimated Additional Endowment Costs for Long-Term Resources Management Associated with the Scarlett Drive Mitigation Area within Canal 2 Activity/ Actions Required Responsibilit y Frequency Required Actions Required Unit Number of Units Cost Per Unit Cost Per Task Divid e Years Annual Cost Part 1. Monitoring and Management Costs Element A.1 - Aquatic Resources Monitor Aquatic Resources Monitoring Biologist Biannual (Wet Season/ Dry Season) Walking survey: documentation of erosion/sedimentation/debris, photodocumentation Hours 1 $ 135.00 $ 135.00 1 $ 270.00 Element A.2 - Vegetation Monitor Wetland Vegetation Monitoring Biologist Biannual (Wet Season/ Dry Season) Walking survey: documentation of plants/wildlife quantity and composition, photo-documentation Hours 1 $ 135.00 $ 135.00 1 $ 270.00 Monitor Riparian Vegetation Monitoring Biologist Biannual (Wet Season/ Dry Season) Walking survey: documentation of plants/wildlife quantity and composition, photo-documentation Hours 1 $ 135.00 $ 135.00 1 $ 270.00 Tree/Shrub Pruning Contract Manual Labor Annually Hand labor Hours 2 $ 100.00 $ 200.00 1 $ 200.00 Monitor Invasive Species Monitoring Biologist Biannual (Wet Season/ Dry Season) Walking survey: documentation and mapping of invasive species vegetative cover, research appropriate methods for removal, photodocumentation Hours 1 $ 135.00 $ 135.00 1 $ 270.00 Weed/Thatch Removal Contract Manual Labor Annually Hand labor/Mowing Hours 2 $ 100.00 $ 200.00 1 $ 200.00 Monitoring Biologist Once Every 3 Years Pre-mowing nesting bird survey: inspect all suitable nesting habitat to be directly or indirectly impacted by mowing, set up nondisturbance buffer if necessary Hours 2 $ 135.00 $ 270.00 3 $ 90.00 Addendum to the Dublin Crossing Johnson Marigot Consulting, LLC Long Term Management Plan November 4, 2020 Element B.1 - Public Access Maintenance of Signs Land Manager Monthly Walking survey: assess condition of signs, coordinate necessary repairs or replacement Hours 0.5 $ 150.00 $ 75.00 # $ 900.00 Maintenance of Barriers to Entry Land Manager Annually Walking survey: assess condition of barriers to entry (plants/infrastructure), coordinate necessary repairs or replacement Hours 1 $ 150.00 $ 150.00 1 $ 150.00 Element B.2 - Trash and Trespass Trash Land Manager Monthly Walking survey: document trash location and extent, coordinate with City of Dublin for removal efforts Hours 1 $ 150.00 $ 150.00 # $ 1,800.00 Trespass Land Manager Annually Walking survey: document signs of tresspass, coordinate with City of Dublin for remedial efforts Hours 1 $ 150.00 $ 150.00 1 $ 150.00 Element B.3 - Fire Hazard Reduction Fuel Removal Contract Manual Labor Late Spring Hand labor/Mowing Hours 4 $ 100.00 $ 400.00 1 $ 400.00 Monitoring Biologist Annually Pre-mowing nesting bird survey: inspect all suitable nesting habitat to be directly or indirectly impacted by mowing, set up nondisturbance buffer if necessary Hours 2 $ 135.00 $ 270.00 1 $ 270.00 Replacement Time and Materials Signs Land Manager Annually Signs Sign 1 $ 200.00 $ 200.00 1 $ 200.00 Land Manager Annually Sign removal and installation Hours 1 $ 150.00 $ 150.00 $ 150.00 Planting Material Late Fall Shrubs Shrub 1 $ 135.00 $ 135.00 $ 135.00 Late Fall Trees Tree 1 $ 50.00 $ 50.00 $ 50.00 Late Fall Seeds Poun d of Seeds 1 $ 50.00 $ 50.00 $ 50.00 Contract Manual Labor Late Spring Plant removal and installation Hours 2 $ 100.00 $ 200.00 1 $ 200.00 Total Annual Itemized Costs $ 6,025.00 Addendum to the Dublin Crossing Johnson Marigot Consulting, LLC Long Term Management Plan November 4, 2020 Contingency (Annual Costs) Contingency Land Manager Annually Fund to cover unanticipated items and activities necessary to meet the goal of the conservation area Items $6,025.00 10% $ 602.50 1 $ 602.50 Total Annual Costs with Contingency $ 6,627.50 Funding Income ROI Endowment Funding Zone 7 One Time Payment Receive endowment funds and contribute to existing endowment for the Dublin Crossing Mitigation Site Single Payment $6,627.50 1.25% $ 380,000.00 Endowment Requirements for Annual Long-Term Management and Maintenance $ 380,000.00 Addendum to the Dublin Crossing Johnson Marigot Consulting, LLC Long Term Management Plan November 4, 2020 List of Appendices Appendix A. Long-Term Management Plan, Dublin Crossing (prepared by Johnson Marigot Consulting, LLC., dated April 2017) Appendix B. Proposed Deed Restriction for the Scarlet Drive Restoration Area LONG-TERM MANAGEMENT PLAN DUBLIN CROSSING 620 6th Street Dublin, Alameda, California USACE File # SPN-2012-00103S CIWQS Place ID No. 812873 Date: April 5, 2017 Prepared by: Johnson Marigot Consulting, LLC Ms. Sadie McGarvey 88 North Hill Drive, Suite C Brisbane, California 94005 Prepared for: Dublin Crossing, LLC Ms. Trece Herder 4750 Willow Road, Suite 150 Pleasanton, California 94588 APPENDIX A DUBLIN CROSSING LONG-TERM MANAGEMENT PLAN CONTENTS SECTION 1. INTRODUCTION .................................................................................................................. 1 1.1 Responsible Parties .................................................................................................................................. 1 1.1.1 Applicant / Permittee ...................................................................................................................... 1 1.1.2 Preparer of the Long-Term Management Plan ...................................................................... 1 1.1.3 Onsite Mitigation Land Owner and Land Manager .............................................................. 2 SECTION 2. LOCATION AND DESCRIPTION RESTORATION AND ENHANCEMENT AREAS ..................... 3 2.1 Surrounding Land Use ............................................................................................................................. 3 SECTION 3. LAND OWNERSHIP, FUNDING, AND LEGAL PROTECTION ..................................................... 6 3.1 Land Owner and Conservator .............................................................................................................. 6 3.2 Existing Easements ................................................................................................................................... 6 3.3 Funding ......................................................................................................................................................... 6 3.4 Legal Protection ...................................................................................................................................... 10 SECTION 4. MONITORING AND MANAGEMENT ...................................................................................... 11 4.1 Personnel................................................................................................................................................... 12 4.1.1 Land Manager ................................................................................................................................. 12 4.1.2 Monitoring Biologist .................................................................................................................... 13 4.2 Methods ..................................................................................................................................................... 13 4.2.1 Establishment of Baseline Conditions................................................................................... 13 4.2.2 General Site Inspections ............................................................................................................. 14 4.2.3 Assessment of Impacts ................................................................................................................ 14 4.2.4 Management .................................................................................................................................... 14 4.2.5 Task Prioritization ........................................................................................................................ 15 4.3 Reporting ................................................................................................................................................... 15 SECTION 5. BIOLOGICAL RESOURCES ..................................................................................................... 16 5.1 Element A.1- Aquatic Resources ...................................................................................................... 16 5.2 Element A.2- Vegetation ...................................................................................................................... 17 5.2.1 Seasonal Wetland and Riparian Vegetation ........................................................................ 17 5.2.3 Non-Native Invasive Species ..................................................................................................... 18 SECTION 6. SECURITY, SAFETY, AND PUBLIC ACCESS ........................................................................... 20 6.1 Element B.1 - Public Access ................................................................................................................ 20 6.2 Element B.2 - Trash and trespass .................................................................................................... 21 6.3 Element B.3 - Fire Hazard Reduction ............................................................................................. 21 6.4 Element B.4 - Emergencies ................................................................................................................. 21 SECTION 7. PROHIBITED ACTIVITIES .................................................................................................... 23 SECTION 8. TRANSFER, REPLACEMENT, AMENDMENTS, AND NOTICES ......................................... 25 8.1 Transfer ..................................................................................................................................................... 25 8.2 Replacement............................................................................................................................................. 25 8.3 Amendments ............................................................................................................................................ 25 8.4 Notices ........................................................................................................................................................ 25 LIST OF FIGURES Figure 1. Project Site and Vicinity Map Figure 2. Restoration and Enhancement Areas Map LIST OF TABLES Table 1. Site Management and Monitoring Activities, Level of Effort, Frequency and Cost LIST OF APPENDICES Appendix A. Deed Restriction Template Appendix B. Dublin Crossing City Easement Area Exhibit Appendix C. Baseline Condition Report and As-Built Map (Current Proposed Plans, to be replaced upon completion of success monitoring) UPDATED DEED RESTRICTION TEXT 04/05/21 Dublin Crossing 1 Johnson Marigot Consulting, LLC Long-Term Management Plan April 2017 SECTION 1. INTRODUCTION This Long-Term Management Plan (LTMP) has been established as part of compensatory mitigation for unavoidable impacts to waters of the U.S. associated with the Dublin Crossing Project, and to conserve and to protect aquatic resources with the restored, enhanced, and protected areas within the Dublin Crossing Project site (“Restoration and Enhancement Areas”). Aquatic resources within the Restoration and Enhancement Areas will include a minimum of 0.70 acre of seasonal wetlands and 3,314 linear feet of other waters of the U.S./State. This LTMP has been prepared to ensure the proposed mitigation is managed, monitored, and maintained in perpetuity. This LTMP establishes objectives, priorities and tasks to monitor, manage, maintain, and report on the aquatic resources within the Restoration and Enhancement Areas. This LTMP is a binding and enforceable instrument, implemented by a deed restriction covering the Restoration and Enhancement Areas. This LTMP covers the 1960 linear feet of restored and enhanced canals and 0.34 acre of created seasonal wetland within the 5.47-acre Chabot Canal (aka, “Canal 1”) Restoration and Enhancement Area and the 1354 linear feet of restored and enhanced canals and 0.36 acre of created seasonal wetland within the 0.42-acre Canal 2 Restoration Area and the 2.03-acre Canal 2 Enhancement Area (totaling 7.92 acres and collectively referred to as the Restoration and Enhancement Areas). A separate Mitigation and Monitoring Plan (MMP) has been prepared for the wetlands and canals that are being created, enhanced, and restored in association with the Dublin Crossing Project. The MMP is being submitted to the Corps, RWQCB, and CDFW concurrently with this LTMP for review and approval. 1.1 RESPONSIBLE PARTIES 1.1.1 APPLICANT / PERMITTEE Dublin Crossing, LLC Ms. Trece Herder 4750 Willow Road, Suite 150 Pleasanton, California 94588 1.1.2 PREPARER OF THE LONG-TERM MANAGEMENT PLAN Johnson Marigot Consulting, LLC 88 North Hill Drive, Suite C Brisbane, CA 94005 Dublin Crossing 2 Johnson Marigot Consulting, LLC Long-Term Management Plan April 2017 Contact: Cameron Johnson, Principal (415) 602-2970 1.1.3 ONSITE MITIGATION LAND OWNER AND LAND MANAGER Zone 7 Water Agency 100 North Canyons Parkway Livermore, CA 94551 Contact: Carol Mahoney, Manager of Integrated Water Resources (925) 454-5064 Dublin Crossing 3 Johnson Marigot Consulting, LLC Long-Term Management Plan April 2017 SECTION 2. LOCATION AND DESCRIPTION RESTORATION AND ENHANCEMENT AREAS The approximately 157.6-acre Dublin Crossing development project site (wherein the Restoration and Enhancement Areas are located) is located within the 2,484-acre Parks Reserve Forces Training Area (Camp Parks) in the City of Dublin, Alameda County, California. The project site is located approximately 1.0 mile northeast of the interchange of Interstate Highways 580 and 680, immediately north of Dublin Boulevard and northeast of the Iron Horse Regional Trail (Figure 1). Two canals transect the Dublin Crossing development project site, flowing roughly northeast to southwest through the center (Chabot Canal) and southeast corner (Canal 2) of the development project site. The northernmost segment of Canal 2 occurs outside the development project boundary, but a portion of the canal occurs within the development project envelope, and impacts and the associated restoration will occur within the Canal 2 Restoration Area. Both canals are channelized and highly disturbed, partially concrete- lined and partially rip-rap enforced. The restoration, enhancement, and creation of seasonal wetlands within these canals, described in detail in the MMP, will restore the natural form and function of these features, and improve the functions and services they provide through the recontouring and revegetating of the banks via the implementation of a riparian and wetland planting plan (Figure 2). 2.1 SURROUNDING LAND USE The greater Dublin area has experienced significant growth since its incorporation in 1982 (approximately 93% since 1990; 46% since 2000), with much of the resulting residential and commercial development focused in the vicinity of the project site and eastward. Immediately surrounding Camp Parks, intensive residential development has occurred and continues to expand along Tassajara Road and Camino Tassajara to the northeast, Bollinger Canyon Road and Windermere Parkway to the north, and Dublin Boulevard to the southeast. Currently much of the area surrounding the project site, as well as the larger Camp Parks site, is largely developed lands under relatively dense residential and/or commercial use. Dublin Crossing 4 Johnson Marigot Consulting, LLC Long-Term Management Plan April 2017 Figure 1. Project Site and Vicinity Map LEGEND:DUBLIN CROSSING PROJECT BOUNDARYPRESERVE AREA WITH DEED RESTRICTION (CANAL 1 = 1960± LF & 0.35± ACRE SEASONAL WETLANDS, CANAL 2 = 1354± LF & 0.37± ACRE SEASONAL WETLANDS)Figure 2. Restoration and Enhancement Areas Map Dublin Crossing 6 Johnson Marigot Consulting, LLC Long-Term Management Plan April 2017 SECTION 3. LAND OWNERSHIP, FUNDING, AND LEGAL PROTECTION 3.1 LAND OWNER AND CONSERVATOR It is anticipated that the Restoration and Enhancement Areas will be owned by the Zone 7 Water Agency (Zone 7), the public agency which will also act as Land Manager in accordance with this LTMP. Zone 7 will also act as the Land Conservator in accordance with the terms and conditions defined in this Management Pan, and the terms defined in the Deed Restriction for the Restoration and Enhancement Areas. As Land Conservator, Zone 7 will be responsible for the conservation of the Restoration and Enhancement Areas to meet conservation goals. The Restoration and Enhancement Areas will be encumbered with a deed restriction, recorded with the County of Alameda, to run with the land in perpetuity. The deed restriction will limit land uses and management of the Restoration and Enhancement Areas to ensure protection of the biotic resources (i.e. protect conservation values). A copy of the deed restriction template is included as Appendix A. 3.2 EXISTING EASEMENTS Due to the proximity of the Restoration and Enhancement Areas to a City-owned park and adjacent residential and commercial uses, an easement will be granted to the City of Dublin to allow for access through a section of the Restoration and Enhancement Areas for active maintenance activities (generally including clean-up, abatement of garbage, and maintenance of infrastructure), as well as emergency ingress and egress. This easement will be recorded on Chabot Canal between Horizon Parkway and Scarlett Drive (Appendix B). Maintenance activities are described below. 3.3 FUNDING An adequate funding mechanism will be in place to pay for the long-term management and monitoring obligations of the Land Manager prior to Project-related discharges into waters of the U.S. Table 1 summarizes the anticipated costs of long-term management for the Restoration and Enhancement Areas. These costs include estimates of time and funding needed to conduct and coordinate basic monitoring site surveys and reporting, weed abatement, trash removal, and infrastructure repair. As the Restoration and Enhancement Areas are completely surrounded by residential and municipal uses, the majority of the expected long-term maintenance costs are related to clean-up and monitoring activities – there are no projected significant costs related to installation and maintenance of fencing. In addition, although it is not reflected in this document, the City of Dublin is expected to contribute directly to maintenance activities within the Restoration and Enhancement Areas, primarily related to clean-up and abatement of garbage, and maintenance of established trails. Dublin Crossing 7 Johnson Marigot Consulting, LLC Long-Term Management Plan April 2017 The total annual cost for required tasks has been estimated to be approximately $20,615 for the first three years of long-term monitoring and management (wherein annual reporting is required) and $18,255 for Monitoring Year 4 and beyond (wherein required reporting reduces to every three years). An additional 15% fee has been added to these totals for administrative fees. Accordingly, the total required annual funding is anticipated to be $23,707 for the first three years of long-term monitoring and management and $20,993 for Monitoring Year 4 and beyond. The applicant and Zone 7 Water Agency, are proposing to fund the operations and maintenance through monies deposited into an endowment account. It is expected that the capitalization of the endowment account balance (capitalization and principal) will reach an amount that will fully fund the annual operations and maintenance via endowment returns. At an average annual funding rate of $21,000, and a projected 3.5% return rate, the total endowment amount required will be $600,000. Zone 7 will hold the endowment principal and interest monies required in a Special Deposit Fund, and will only draw from the interest (or investment returns) (i.e., the endowment fund will be a non-wasting account capable of producing minimum returns to fund the long-term management, enhancement, and monitoring activities for the Restoration and Enhancement Areas in a manner consistent with this LTMP). The additional maintenance that will be performed by the City (trash removal) has already been funded through a cash endowment that the project is required to fund for park maintenance through its Development Agreement. Description Staff Level of Effort Cost per Unit Cost per Task Schedule Annual Cost Prepare required documentation for submittal to permitting agencies Monitoring Biologist 32 hours $135/hour $4,320 Annually; due August 15 $4,320 Review monitoring reports, prescribe LTMP alterations based on data collected, Agency coordination Land Manager 4 hours $150/hour $600 Annually; due August 15 $600 Prepare required documentation for submittal to permitting agencies Monitoring Biologist 48 hours $135/hour $6,480 Every 3 Years; due August 15 $2,160 Review monitoring reports, prescribe LTMP alterations based on data collected, Agency coordination Monitoring Biologist 8 hours $150/hour $1,200 Every 3 Years; due August 15 $400 Walking survey: documentation of erosion/sedimentation/debris, photo-documentation Monitoring Biologist 4 hours $135/hour $540 Biannual (Wet Season/ Dry Season)$1,080 Monitor Wetland Vegetatio Walking survey: documentation of plants/wildlife quantity and composition, photo-documentation Monitoring Biologist 2 hours $135/hour $270 Biannual (Wet Season/ Dry Season)$540 Walking survey: documentation of plants/wildlife quantity and composition, photo-documentation Monitoring Biologist 2 hours $135/hour $270 Biannual (Wet Season/ Dry Season)$540 Hand labor Contract Manual Labor 16 hours $100/hour $1,600 Annually $1,600 Walking survey: documentation and mapping of invasive species vegetative cover, research appropriate methods for removal, photodocumentation Monitoring Biologist 4 hour $135/hour $540 Biannual (Wet Season/ Dry Season)$1,080 Hand labor/Mowing Contract Manual Labor 32 hours $100/hour $3,200 Annually $3,200 Pre-mowing nesting bird survey: inspect all suitable nesting habitat to be directly or indirectly impacted by mowing, set up non-disturbance buffer if necessary Monitoring Biologist 6 hours $135/hour $810 Once Every 3 Years $270 Weed/Thatch Removal Monitor Riparian VegetationTree/Shrub Pruning Monitor Invasive Species Element A.2 - Vegetation Table 1. Site Management and Monitoring Activities, Level of Effort, Frequency and Cost. General Site Management & Monitoring Activities Element A.1 - Aquatic ResourcesMonitor Aquatic Resources Reporting *broken into two sections based on monitoring year Long-term Monitoring Years 4+ Long-term Monitoring Years 1-3 Walking survey: assess condition of signs, coordinate necessary repairs or replacement Land Manager 2 hours $150/hour $300 Annually $300 Walking survey: assess condition of barriers to entry (plants/infrastructure), coordinate necessary repairs or replacement Land Manager 2 hours $150/hour $300 Annually $300 Walking survey: document trash location and extent, coordinate with City of Dublin for removal efforts Land Manager 2 hours $150/hour $300 Monthly $3,600 Walking survey: document signs of tresspass, coordinate with City of Dublin for remedial efforts Land Manager 2 hours $150/hour $300 Annually $300 Hand labor/Mowing Contract Manual Labor 24 hours $100/hour $2,400 Late Spring $400 Pre-mowing nesting bird survey: inspect all suitable nesting habitat to be directly or indirectly impacted by mowing, set up non-disturbance buffer if necessary Monitoring Biologist 6 hours $135/hour $810 Yearly $810 Signs 1 Sign $200/sign $200 Annually $200 Sign Removal and Installation Land Manager 2 hours $150/hour $300 Annually $300 Shrubs/Trees/Seeds 1 Tree $50/tree $50 Late Fall $50 3 Shrubs $25/shrub $75 Late Fall $75 5 lbs of Seed $50/lb $250 Late Fall $250 Plant Removal and Installation Contract Manual Labor 8 hours $100/hour $800 Late Spring $800 $20,615$3,092 $23,707 $18,255$2,738 $20,993Total Annual Cost for Monitoring Years 4+ Total Annual Cost for Monitoring Years 1-3 Subtotal for Monitoring Years 4+Zone 7 Administration 15% Zone 7 Administration 15%Subtotal for Monitoring Years 1-3 Trash Trespass Element B.1 - Public Access Maintenance of Signs Maintenance of Barriers to Entry Element B.2 - Trash and Trespass Replacement Time and MaterialsSigns Element B.3 - Fire Hazard ReductionFuel Removal Planting Material Dublin Crossing 10 Johnson Marigot Consulting, LLC Long-Term Management Plan April 2017 3.4 LEGAL PROTECTION The restored and enhanced canals (including the created wetlands) will be set aside and protected by recorded deed restriction with the goal of keeping the canals and the aquatic resources therein in a condition that preserves their significant biological, hydrologic, and topographic features, as much as is reasonably possible, for the benefit of the land and for public enjoyment. The deed restrictions will be recorded with Alameda County, and will run with the land in perpetuity. The deed restrictions will limit land uses and management of the Restoration and Enhancement Areas to ensure protection of the biotic resources (i.e. protect conservation values). A copy of the Deed Restriction template is included in Appendix A. Dublin Crossing 11 Johnson Marigot Consulting, LLC Long-Term Management Plan April 2017 SECTION 4. MONITORING AND MANAGEMENT The overall goal of long-term management of the Restoration and Enhancement Areas is to foster the long-term viability of the site’s aquatic resources and restored riparian habitat. Routine monitoring and maintenance tasks are intended to assure the viability of the mitigation in perpetuity. The approach to the long-term management of the site’s biological resources is to conduct biannual site evaluations and monitoring of selected characteristics to determine the stability and ongoing trends of the restored and enhanced aquatic resources. While it is not anticipated that major management actions will be required, one objective of long-term management is to identify any issues that arise and use adaptive management to determine what actions might be appropriate. “Adaptive Management” is an approach to natural resource management which incorporates changes to management practices based on site-specific information gathered over time in association with the development of new management technologies and practices. This approach will allow the Land Manager to make changes to standard management techniques/practices to support specific land management goals for the Restoration and Enhancement Areas. Adaptive management may also include those activities necessary to address the effects of climate change, fire, flood, or other natural events, force majeure, etc. Before considering any adaptive management changes to the long-term management plan, the Land Manager will consider whether such actions will help ensure the continued viability of Restoration and Enhancement Areas’ biological, hydrological, and physical resources, and whether the changes support the goal of maintaining (or improving upon) the established baseline condition. Any adaptive management that significantly changes the overall land management goal or deviates from the Baseline Condition (see Section 4.2.1, below), must be conducted in conjunction with consultation with the agencies overseeing the required mitigation in the Restoration and Enhancement Areas (USACE, RWQCB, and CDFW) (permitting agencies). The Land Manager will manage the Restoration and Enhancement Areas so that they continue to provide the suite of physical, chemical, and biological functions associated with the restored, enhanced, and created aquatic resources and vegetation. All monitoring and survey activities are intended to inform the Land Manager and the permitting agencies on the on-going status of the Restoration and Enhancement Areas, to inform whether management goals are being met, whether management activities need to be modified, and to report on on-going costs associated with management. Dublin Crossing 12 Johnson Marigot Consulting, LLC Long-Term Management Plan April 2017 4.1 PERSONNEL The Land Conservator and Manager, Monitoring Biologist, and/or other qualified personnel are the primary personnel that will cooperatively oversee, monitor, and coordinate the maintenance of the Restoration and Enhancement Areas. These entities will work together to accomplish the management of the Restoration and Enhancement Areas by performing their individual duties (outlined herein) and exchanging information. These roles are outlined below; all positions are expected to be filled by Zone 7 personnel or its designates. 4.1.1 LAND MANAGER It is anticipated that the Restoration and Enhancement Areas will be managed by Zone 7 pursuant to this LTMP. It is the Land Manager’s duty to implement this LTMP, managing and monitoring the Restoration and Enhancement Areas in perpetuity to preserve their habitat and conservation values in accordance with the deed restriction. The Land Manager is intended to be the primary responsible party for all aspects of land management pursuant to this LTMP, and will coordinate with the City of Dublin, the Monitoring Biologist, and the Regulatory Agencies as necessary to meet management goals. The Land Manager will act as the primary point of contact regarding the Restoration and Enhancement Areas and their management, and will provide the qualifications of all management parties, including the Land Manager, designated Monitoring Biologist(s), and any other parties employed for purposes of monitoring or management to the permitting agencies. The Land Manager will maintain a file for all monitoring, maintenance, and management information for the Restoration and Enhancement Areas. This file will include a record of all management and maintenance-related activities, correspondence, and biological determinations regarding the Restoration and Enhancement Areas, in addition to a copy of the Deed Restriction and the most updated version of the LTMP. Long-term management tasks will include, but not be limited to, the following: Biannual Monitoring - Biological baseline monitoring - Vegetation monitoring - Habitat function and value monitoring Active management to meet Management Goals - Invasive plant/animal management - Fire (fuel) management - Maintenance of infrastructure/signage - Garbage removal/vandalism Dublin Crossing 13 Johnson Marigot Consulting, LLC Long-Term Management Plan April 2017 - Sedimentation/erosion - Infrastructure maintenance Corrective action to ensure the performance of habitats within the Restoration and Enhancement Areas Other responsibilities identified in the Baseline Condition report 4.1.2 MONITORING BIOLOGIST The Land Manager will coordinate biannual monitoring surveys of the site, to be conducted by a qualified biological monitor (Monitoring Biologist). The Monitoring Biologist will have the knowledge, training, and experience to accomplish monitoring responsibilities. The Monitoring Biologist will collect and review monitoring data and coordinate with the Land Manager to determine appropriate management actions. Monitoring Biologist tasks will include, but not limited to, the following: Conduct site surveys to evaluate general site conditions •Conduct aquatic resource assessment •Conduct native and invasive vegetation assessment •Recommend remedial action to the Land Manager •Prepare reports required by this LTMP •Assist in reviewing or planning restoration activities 4.2 METHODS 4.2.1 ESTABLISHMENT OF BASELINE CONDITIONS At the end of the 10-year success monitoring period, a detailed report outlining the condition of the Restoration and Enhancement Areas will be prepared. In addition to a qualitative discussion of general site conditions, this report will include the post- restoration/enhancement confirmed jurisdictional determination map (to be prepared prior to agency sign-off on the mitigation project), vegetation map showing distribution of vegetation types, and an outline of management recommendations based on the data and observations collected during the 10 years of success monitoring. The success monitoring described in the MMP and the preparation of a Baseline Conditions Report is the responsibility of the applicant and not the responsibility of the Land Manager. An As-Built map will be prepared to document the location of installed structures and activity areas (as approved by the agencies). The As-Built map will include the following: location of all bridges (vehicle and pedestrian), trails, access roads, access control structures (fences, gates, bollards, etc.), Zone 7 access ramps, and any other structures or activity areas that have been located within the limits of the Restoration and Enhancement Areas. Dublin Crossing 14 Johnson Marigot Consulting, LLC Long-Term Management Plan April 2017 The Baseline Conditions Report and as-built map will be placed into Appendix C of this LTMP prior to transfer of the Restoration and Enhancement Areas to Zone 7. The current proposed plans have been included in Appendix C for reference, but will be replaced with the above referenced report/maps. These site conditions, present within the Restoration and Enhancement Areas at the time of agency and Zone 7 sign-off, will serve as baseline data for the maintenance and monitoring efforts outlined in this LTMP. The Land Manager will, at a minimum, commit to maintenance of the baseline conditions, but will endeavor to improve site conditions beyond existing conditions when practicable. 4.2.2 GENERAL SITE INSPECTIONS At least two annual site surveys will be conducted to ensure the integrity of the Restoration and Enhancement Areas. The entire perimeter of the Restoration and Enhancement Areas will be inspected, and meandering transects will be walked through its interior; each created wetland will also be inspected during each site visit. During each site visit, photographs will be taken from the photo points established during the success monitoring period and other locations throughout the Restoration and Enhancement Areas that document current site conditions. General topographic conditions, hydrology, erosion, and vegetation cover and composition (including invasive species) will be noted, evaluated, and mapped during site examinations. General maintenance needs, trash accumulation, and vandalism will also be noted during these surveys. Site surveys will be conducted once in the wet season (roughly October through April) and once in the dry season (roughly May through September). Site conditions observed during site surveys will be compared to baseline conditions to determine the need for maintenance and/or remediation. 4.2.3 ASSESSMENT OF IMPACTS The Land Manager, Monitoring Biologist, and/or other qualified personnel, will assess any impacts to the Restoration and Enhancement Areas observed during site surveys. Through this assessment, it will be determined if immediate remediation is warranted, or if further monitoring of the impact should be conducted. If impacts to the Restoration and Enhancement Areas are observed, more frequent inspections will be conducted in order to more closely track the impact and/or ensure that remedial actions are effective. Corrective actions may range from agency enforcement against persons responsible, to simple removal of the source of impact (or the removal of material directly), to no action at all. 4.2.4 MANAGEMENT Minor corrective measures not requiring notification or approval from permitting agencies will be carried out by the Land Manager within 60 days of initial documentation, unless site Dublin Crossing 15 Johnson Marigot Consulting, LLC Long-Term Management Plan April 2017 conditions warrant delay (e.g., saturated soil conditions could reduce ability to make minor repairs, as such, it may be necessary to delay work until conditions improve). For larger corrective measures, requiring notification or approval from permitting agencies, the Land Manager will commence coordination with permitting agencies regarding necessary actions within 30 days of initial documentation. Significant impacts that require restorative grading followed by replanting will require approval of a restoration plan by the permitting agencies prior to implementation. 4.2.5 TASK PRIORITIZATION If new tasks or unforeseen circumstances are added to this LTMP in the future, prioritization of tasks (including tasks resulting from new requirements) may be necessary. The Land Manager will review task priorities and funding availability to determine which tasks will be implemented within a given year. In general, tasks are prioritized in this order: 1) required by a local, state, or federal agency; 2) tasks necessary to maintain or remediate habitat quality; and 3) tasks that monitor resources, particularly if past monitoring has not shown downward trends. Equipment and materials necessary to implement high priority tasks will also be considered priorities. Final determination of task priorities in any given year where there may be insufficient funding for all tasks will be determined in consultation with the permitting agencies. 4.3 REPORTING In order to document monitoring and maintenance techniques and findings, annual summary reports will be prepared and submitted for the first three years following the success monitoring period (and following agency release of success criteria). Upon establishment of the successful baseline condition (sign-off of completed mitigation by agencies), the transfer of all maintenance duties and responsibilities from the applicant to the Land Manager will be completed. After the three years of annual reporting have been completed, reporting will be reduced to once every three years. Reports will be completed and circulated to the permitting agencies and other parties by August 15 of each year. Reports will include the following components: An overview of monitoring techniques and results A comparison of qualitative and quantitative data taken during the monitoring period to baseline conditions and previous years Photographs taken from photo stations and other locations that document the existing conditions of the Restoration and Enhancement Areas and their biological resources Management recommendations Dublin Crossing 16 Johnson Marigot Consulting, LLC Long-Term Management Plan April 2017 SECTION 5. BIOLOGICAL RESOURCES The 7.92 acres within the Restoration and Enhancement Areas include 3,314 linear feet of enhanced and restored canal, supporting the same linear footage of other waters and 0.70 acre of created seasonal wetland, will collectively provide high-quality habitat for a number of plant and animal species. Biological monitoring of the Restoration and Enhancement Areas will occur in order to ensure that restored, enhanced, and created habitats continue to have appropriate vegetation composition and hydrology, to monitor the impact of anthropogenic influences, and to document natural successional changes to the Restoration and Enhancement Areas (e.g., recruitment of new plant species, alterations in channel sinuosity, etc.). As this plan lays out the long-term goals and management efforts for biological resources within the Restoration and Enhancement Areas, it is important to consider the natural processes that will impact these resources over time. It is likely that over time the sinuosity of the low-flow channel in the creek and canal will change, as allowed, within the confines of the banks. Similarly, over time, sediment transport within the creek and canal may cause minor changes in the location and size of the wetland features. In the absence of major erosion/aggradation that would lead to a decline in the biological functions and services of the Restoration and Enhancement Areas, or pose a safety hazard, these natural processes will be documented and allowed to proceed unimpeded. 5.1 ELEMENT A.1- AQUATIC RESOURCES Objective: Monitor, conserve, and maintain the mitigation site’s aquatic resources. The creek channel, created wetlands, and riparian habitat present throughout the Restoration and Enhancement Areas has been restored, enhanced, and/or created to the benefit of the local watershed and biotic community, and has been designed to support a variety of native plants and animals. The aquatic resources within the Restoration and Enhancement Areas will be monitored and maintained to preserve conservation value and function, as established by baseline conditions. The main sources of potential impacts to aquatic resources within the Restoration and Enhancement Areas have been identified as erosion, sediment input, and debris accumulation within the restored and enhanced channels due to storm events and trespass. Tasks: Each site survey will include a qualitative assessment of general hydrological condition, potential sources of pollutants that could impact water quality (e.g., oil/grease spills, loose soil that could be washed into the waterways), and potential or observed erosion in the form of headcuts, knickpoints, and/or erosional gullies and rilling. If erosion is Dublin Crossing 17 Johnson Marigot Consulting, LLC Long-Term Management Plan April 2017 observed, the Monitoring Biologist will determine the extent to which the erosion is likely to impact the Restoration and Enhancement Areas in an average rain year, and what management actions are necessary, if any. Minor erosion should be corrected promptly with minor grading and reseeding with native hydroseed mixes, use of straw wattles, erosion control blankets, and other erosion control methods. Severe erosion control efforts may, on occasion, be necessary; in cases where these efforts trigger permitting requirements, the Land Manager will be required to attain regulatory permits. When insufficiently managed, the flow of landscaping and storm water runoff from adjacent roadways and development can adversely impact the health of riparian plantings. When possible, the Land Manager will work to re-direct these nuisance flows such that natural hydrology can be restored. Obstacles that may diminish the canals’ ability to convey stormwater flows will either be removed immediately, or arrangements will be made to remove said obstacles as soon as is feasible. 5.2 ELEMENT A.2- VEGETATION Vegetation management will be conducted in light of baseline conditions of the Restoration and Enhancement Areas. Accordingly, vegetation will be managed to maintain the conservation value of the Restoration and Enhancement Areas, based on site conditions and data acquired through monitoring. 5.2.1 SEASONAL WETLAND AND RIPARIAN VEGETATION Objective: Monitor and manage vegetation to ensure continued survival of riparian habitat and seasonal wetland conditions throughout the Restoration and Enhancement Areas. Seasonal wetland and riparian communities occurring within the Restoration and Enhancement Areas may provide suitable habitat for various common and special-status plant and wildlife species. The riparian buffer and linear wetland features also protect the channel from siltation and runoff as well as erosive flows. As such, it is important to maintain sufficient and appropriate seasonal wetland and riparian vegetative quality and cover to provide necessary ecological and structural stability within the Restoration and Enhancement Areas. Tasks: Each site survey will include a qualitative assessment (visual estimate of cover, composition, and health) of riparian vegetation. Additional actions deemed necessary to maintain the diversity and heath of riparian vegetation will be evaluated and prioritized. If any of the native trees within the Restoration and Enhancement Areas become Dublin Crossing 18 Johnson Marigot Consulting, LLC Long-Term Management Plan April 2017 diseased and are a threat to other trees, removal will be allowed upon receipt of appropriate approvals from permitting agencies. Suitable mitigation for tree removal will be prescribed, approved by permitting agencies, and implemented by the Monitoring Biologist. Landscaping that is adjacent to the restored and enhanced canals may have adverse effects on vegetation within the Restoration and Enhancement Areas. For example, if hydroperiod is artificially extended (e.g., by runoff from landscaping), the seasonality of the wetland vegetation and riparian vegetation may be effected, which could in turn affect the wetlands’ and riparian buffer’s ability to intercept flashy flows. Similarly, runoff from up-slope and/or upstream development projects may have the effect of altering the timing and volume of discharge of water which may alter the vegetative composition. The Land Manager will make reasonable efforts to control the effects of adjacent land uses on the Restoration and Enhancement Areas by controlling buffer space where possible, and by controlling runoff into Restoration and Enhancement Areas where it does not support the management goals. The Land manager will coordinate these efforts with the City of Dublin. 5.2.3 NON-NATIVE INVASIVE SPECIES Objective: Monitor and maintain control over non-native invasive species that diminish site quality. Invasive species threaten the diversity and abundance of native species through competition for resources, predation, parasitism, interbreeding with native populations, transmitting diseases, or causing physical or chemical changes to the invaded habitat. Prior to restoration and enhancement efforts, portions of the Restoration and Enhancement Areas have been dominated by a number of invasive species, some of which have become naturalized. Although the creeks will have been reconstructed and revegetated, it is likely that at some point, invasive species will disperse to the Restoration and Enhancement Areas, threatening the conservation values of the Restoration and Enhancement Areas. The California Invasive Plant Council (Cal-IPC) has prepared a list of non-native invasive plants that threaten the state's wildlands and categorized these species based on an assessment of the ecological impacts of each plant (i.e., the California Invasive Plant Inventory). The California Invasive Plant Inventory (Cal-IPC Inventory) categorizes plants as High, Moderate, or Limited, reflecting the level of each species' negative ecological impact in California. The Land Manager will consult the Cal-IPC Inventory for guidance on what species may threaten the site, and, as recommended by the Cal-IPC, focus efforts on early detection of invasive species as the most effect management approach to effectively eradicate invasive plant populations when they are small. Dublin Crossing 19 Johnson Marigot Consulting, LLC Long-Term Management Plan April 2017 In addition to the Cal-IPC Inventory, the University of California Statewide Integrated Pest Management Program (UC-IPM) provides a comprehensive list of and treatment/management prescriptions for invasive species. The Land Manager will consult this program for guidance on removal and management of invasive species, and these Integrated Pest Management (IPM) techniques (biological, mechanical, chemical, and combinations of these techniques) will be implemented as deemed necessary. Tasks: Each site survey will include a qualitative assessment (e.g. visual estimate of cover) of potential or observed noxious weeds or other non-native species invasions. The Biological Monitor will evaluate the presence of invasive plant species during site surveys and recommend removal as necessary. Species management requires knowledge of the biology of the species, the available methods for controlling them, and the secondary effects of these methods; removal may be accomplished by hand, mechanical means, or restricted use of herbicides, as recommended by Cal-IPC and UC- IPM. Thatch and non-native plant removal will be conducted at least once every three years. Mowing is an appropriate method of thatch removal in smaller open spaces. To be effective, cut material must be removed from the site after mowing is complete. When possible, mowing should be scheduled in coordination with invasive species control. To reduce the introduction of invasive plants by incidental transport of seed materials, all mowing equipment must be inspected and cleaned prior to entry into the open space. If mowing is to occur during the nesting season, a nesting bird survey will be conducted and survey notes/results will be included in the reports submitted to the permitting agencies. If nests are observed within the areas to be mowed, or in close proximity (50 feet for passerines and 200 feet for raptors) to the areas to be mowed, a non- disturbance buffer will be established by a qualified biologist, wherein mowing will not occur until the nestlings have fledged. If no nests are observed within the areas to be mowed, or in close proximity (50 feet) to the areas to be mowed, mowing may proceed. Dublin Crossing 20 Johnson Marigot Consulting, LLC Long-Term Management Plan April 2017 SECTION 6. SECURITY, SAFETY, AND PUBLIC ACCESS 6.1 ELEMENT B.1 - PUBLIC ACCESS Objective: Provide for safe, low-intensity public access and enjoyment of the Restoration and Enhancement Areas, while protecting aquatic resources and restored/enhanced habitat. While natural spaces have a positive impact on the public, human use of parks and preserves can often be detrimental to the environment, resulting in negative impacts such as trampled vegetation, presence of trash and pet feces, and negative visitor/wildlife interactions. As such, the Restoration and Enhancement Areas have been designed in such a way as to direct public access within the Restoration and Enhancement Areas to the footbridges that cross Chabot Canal (and associated trails that provide connectivity from one side of the creek to the other) at the three locations depicted in Figure 2. Designated trails traversing (footbridge access trails) and adjacent to the Restoration and Enhancement Areas are intended for passive recreational uses including biking, walking, and birding. Off-trail pedestrian access within the Restoration and Enhancement Areas will be discouraged through signage, strategically placed plantings, outreach activities, and education of residents. Access to the Restoration and Enhancement Areas for maintenance activities is allowed, but should be restricted to the immediate area where maintenance is occurring. Access to the Restoration and Enhancement Areas for emergency or law enforcement situations, by medical, fire, or law enforcement personnel/vehicles is allowed. Tasks: While the Restoration and Enhancement Areas will not be fenced, the location of plantings will function as deterrents to public access throughout the Restoration and Enhancement Areas. Access-control plantings/structures will be maintained in good working condition. Signage will be installed at all entry points and various areas along the Restoration and Enhancement Areas boundaries to inform the public of the presence and nature of the Restoration and Enhancement Areas. These signs will be placed in highly visible locations as determined by the Land Manager. The developer is responsible for the initial cost of installing signage; the Land Manager will be responsible for the maintenance and replacement of the signage. Public access to portions of the Restoration and Enhancement Areas beyond the footbridges and associated designated trails will be limited to planned and escorted education and restoration efforts, to be coordinated by the Land Manager. This limited access does not apply to the City of Dublin’s right to inspect and maintain bridges. If any of the native trees within the Restoration and Enhancement Areas become a Dublin Crossing 21 Johnson Marigot Consulting, LLC Long-Term Management Plan April 2017 threat to public safety, private property, or authorized access, removal will be allowed upon receipt of appropriate approvals from the appropriate permitting agencies. Suitable mitigation for tree removal, if necessary, will be prescribed, approved by permitting agencies, and implemented by the Monitoring Biologist. 6.2 ELEMENT B.2 - TRASH AND TRESPASS Objective: Monitor sources of trash and trespass. Coordinate trash removal and vandalism cleanup. Tasks: During each site visit, incidents of trash and/or trespass will be recorded, including type, location, and management mitigation recommendations to avoid, minimize, or rectify a trash and/or trespass impact. Trash will be removed from the Restoration and Enhancement Areas periodically, as directed by the Land Manager. If any problems associated with trespass are observed, adaptive management actions will be implemented. This management may range from additional plantings at access points to the installation of fencing to deter trespass. 6.3 ELEMENT B.3 - FIRE HAZARD REDUCTION Objective: Maintain the site as required for fire control while limiting impacts to biological values. Tasks: Potential wildfire fuels will be reduced as needed by mowing in areas where approved by the permitting agencies. If mowing is to occur during the nesting season, a nesting bird survey will be conducted and survey notes/results will be included in the reports submitted to the permitting agencies. If nests are observed within the areas to be mowed, or in close proximity (50 feet for passerines and 200 feet for raptors) to the areas to be mowed, a non-disturbance buffer will be established by a qualified biologist, wherein mowing will not occur until the nestlings have fledged. If no nests are observed within the areas to be mowed, or in close proximity (50 feet) to the areas to be mowed, mowing may proceed. 6.4 ELEMENT B.4 - EMERGENCIES If any action is taken by the Land Manager as a result of an emergency situation (defined as a situation which would result in an unacceptable hazard to life, a significant loss of property, or an immediate, unforeseen, and significant economic hardship), and such action has an effect on the biological, chemical, or physical function of the Restoration and Dublin Crossing 22 Johnson Marigot Consulting, LLC Long-Term Management Plan April 2017 Enhancement Areas, the permitting agencies will be notified verbally within 48 hours, with written confirmation of the actions taken within one week. The notification will summarize the emergency, actions taken, and will propose remediation where necessary to restore form and function of the Restoration and Enhancement Areas. Dublin Crossing 23 Johnson Marigot Consulting, LLC Long-Term Management Plan April 2017 SECTION 7. PROHIBITED ACTIVITIES This plan explicitly prohibits use of the Restoration and Enhancement Areas for activities that hinder or harm the capacity of the Land Manager to meet the management goals. These activities include the use of the Restoration and Enhancement Areas for any activity that may directly or indirectly negatively affect the functions and values of the Restoration and Enhancement Areas. The following uses are explicitly prohibited within the Restoration and Enhancement Areas pursuant to this LTMP: Use of the Restoration and Enhancement Areas for storage of excavated material, or any other fill material, even on a temporary basis, except for purposes of erosion repair activities Storage or dumping of garbage, concrete rubble, asphalt, construction materials, or fuels Burning of garbage, wood, or any other material except as allowed by the Land Manager in support of management goals Construction of new trails or roadways without the consent of the appropriate permitting agencies Use of the Restoration and Enhancement Areas for overnight camping Placement of signs unless for public safety, access control, restricted activities, or public education related to preserve habitats and functions Establishment of new storm water outfalls or use of Restoration and Enhancement Areas for storm water detention without agency consent Discharging or carrying firearms, crossbows, fireworks, or projectile weapons of any kind (except law enforcement officials) Use of any motorized vehicle within Restoration and Enhancement Areas boundaries (except as required by the Land Manager, medical personnel, fire officials, or law enforcement) It is illegal for any adjacent landowner or resident to create a garden, landscape, playground, or any other type of “improvement” within the Restoration and Enhancement Areas without written permission from the Agencies and the Land Manager Use of the Restoration and Enhancement Areas for commercial agricultural production Planting of non-native vegetation within Restoration and Enhancement Area boundaries Personal use for privately owned animals such as horses, dogs, sheep, or other livestock, that is not directly related to meeting management needs of the Restoration and Enhancement Areas Activities that unduly interfere with the health, safety, and welfare of the users or neighbors in the area, or that create a nuisance or hazard to the use and safety of person using or neighboring such areas Dublin Crossing 24 Johnson Marigot Consulting, LLC Long-Term Management Plan April 2017 Disorderly conduct (including amplified sound) Creation of unauthorized access points to Restoration and Enhancement Areas Construction, reconstruction, or placement of any building, billboard, sign, structure, or other improvement, except as provided in this LTMP or upon approval of the appropriate permitting agencies Routine unseasonable watering with potable waters; use of fertilizers, pesticides, biocides, or other agricultural chemicals; mosquito abatement activities; incompatible fire protection activities; and any and all other uses which may adversely affect the conservation purposes of this LTMP Commercial or industrial uses Depositing or accumulating soil, trash, ashes, refuse, waste, bio-solids or any other material Filling, dumping, excavating, draining, dredging, mining, drilling, removing, exploring for or extracting minerals, loam, gravel, soil, rock, sand or other material on or below the surface of the Restoration and Enhancement Areas, or granting or authorizing surface entry for any of these purposes Altering the surface or general topography of the Restoration and Enhancement Areas, including building roads, paving or otherwise covering the Restoration and Enhancement Areas with concrete, asphalt, or any other impervious material, except as provided in this LTMP and approved by the Department of the Army Permit subsequently approved by the Corps Removing, destroying, or cutting trees, shrubs or other vegetation, except as required for: (i) fire protection measures as specified in this LTMP; (ii) maintenance of existing foot trails or roads; (iii) prevention or treatment of disease; (iv) utility line clearance Transferring any water right necessary to maintain or restore the biological resources of the Restoration and Enhancement Areas Planting, introduction or dispersal of non-native or exotic plant or animal species Manipulating, impounding, or altering any natural watercourse, body of water or water circulation on the Restoration and Enhancement Areas and any activities or uses detrimental to water quality, including but not limited to degradation or pollution of any surface or sub-surface waters Active recreational activities including, but not limited to, horseback riding, hunting, or fishing Permitting a general right of access to the Restoration and Enhancement Areas Assigning, terminating, or altering any and all mineral, water, or air rights, without the prior written authorization of appropriate permitting agencies Granting any additional interest in the Restoration and Enhancement Areas, without the prior written authorization of appropriate permitting agencies Dublin Crossing 25 Johnson Marigot Consulting, LLC Long-Term Management Plan April 2017 SECTION 8. TRANSFER, REPLACEMENT, AMENDMENTS, AND NOTICES 8.1 TRANSFER Any subsequent transfer of responsibilities under this long-term management plan to a different Land Manager will be requested by the Land Manager, will require written approval by permitting agencies, and will be incorporated into this LTMP by amendment. Any subsequent Land Manager assumes all Land Manager responsibilities described in this LTMP and as required in the deed restrictions (or other protective instrument), unless otherwise amended in writing by the permitting agencies. 8.2 REPLACEMENT If the Land Manager fails to implement the tasks described in this long-term management plan and is notified of such failure in writing by the permitting agencies, the Land Manager will have 90 days to cure such failure. If the failure is not cured within 90 days, the Land Manager may request a meeting with the applicable agency(ies) to resolve the failure. Such meetings will occur within 30 days of the issuance of the failure notification (or a longer period if approved by the agency). Based on the outcome of the meeting, or if no meeting is requested, the agency may designate a replacement Land Manager in writing by amendment of this LTMP. 8.3 AMENDMENTS The Land Manager and permitting agencies may meet and confer from time to time, upon the request of any one of them, to revise this LTMP to better meet management objectives. Any proposed changes to the LTMP will be discussed with all entities involved and amendments will be approved by the permitting agencies in writing. Approved and amended adjustments to the management regime and will be implemented by the Land Manager. 8.4 NOTICES Notification of the permitting agencies is not required if an activity in this LTMP does not have a specific requirement for notification, is not a Prohibited Activity (see Section 7), and/or review and approval or a permit is not required. Dublin Crossing 26 Johnson Marigot Consulting, LLC Long-Term Management Plan April 2017 Any notices regarding this LTMP will be directed as follows: Land Manager: Zone 7 Water Agency 100 North Canyons Parkway Livermore, CA 94551 Contact: Carol Mahoney, Manager of Integrated Water Resources (925) 454-5064 Land Owner: SAME AS LAND MANAGER Signatory Agencies: U.S. Army Corps of Engineers San Francisco District 1455 Market Street San Francisco, Ca 94103 Attn: Chief, South Branch Telephone: (414) 503-6778 Fax: (415) 503-6690 California Department of Fish and Wildlife Habitat Conservation Branch 1416 Ninth Street, 12th Floor Sacramento, CA 95814 Attn: Branch Chief Telephone: (916) 653-4875 Fax: (916) 653-2588 San Francisco Bay Regional Water Quality Control Board 401 Water Quality Certification Program 1515 Clay Street, Suite 1400, Oakland, California 94612 Attn: Brian Wines Telephone: (510) 622-2300 Fax: (510) 622-2460 Appendix A Appendix A. Deed Restriction Template DEED RESTRICTION TEMPLATE HAS BEEN UPDATED WITH NEWVERSION DATED 04/05/21 Revision Date 4/5/2021 - 1 - 1442261.1 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Dublin Crossing, LLC Attn: Bridgit Koller 2603 Camino Ramon, Ste 525 San Ramon, CA 94583 WHEN RECORDED, MAIL COPY TO: Michael Montgomery, Executive Officer Attn: Brian Wines, Site No. 02-01-00786 CIWQS Place ID Nos. 792186 and 792217 California Regional Water Quality Control Board San Francisco Bay Region 1515 Clay Street, Suite 1400 Oakland, CA 94612 WHEN RECORDED, MAIL COPY TO: District Engineer, San Francisco District Attn: Katerina Galacatos U.S. Army Corps of Engineers, Regulatory Division 450 Golden Gate San Francisco, CA 94102 SPACE ABOVE THIS LINE RESERVED FOR RECORDER’S USE COVENANTS AND DEED RESTRICTIONS Dublin Crossing Mitigation Area THIS DECLARATION OF COVENANTS AND RESTRICTIONS (this “Declaration”) is made this ___ day of ____________, 20__, by DUBLIN CROSSING, LLC, a Delaware limited liability company (“Dublin”), and the CITY OF DUBLIN (“City”) (collectively the "Declarants"). A.Declarants are the owners in fee simple of certain real property in the County of Alameda, State of California, more particularly described in Exhibit A, attached hereto and by this reference incorporated herein (the "Burdened Property"). Revision Date 4/5/2021 - 2 - 1442261.1 B. Dublin Crossing, LLC applied to the Department of the Army, through the San Francisco District of the U. S. Army Corps of Engineers, San Francisco District ("USACE") for an Individual Permit pursuant to Section 404 of the Clean Water Act to authorize the placement of fill in waters of the United States to construct the Dublin Crossing Project, and to mitigate for such placement of fill material on the Burdened Property. To mitigate for impacts to jurisdictional waters of the U.S., the Dublin Crossing Project will create 0.07-ac of seasonal wetlands within widened canals, restore 748-linear feet of disturbed canals, enhance 2,184 – linear feet of disturbed canals, and enhance 77-linear feet of a temporarily impacted canal within Chabot Creek and Canal 2 on the Dublin Crossing Project site (“Dublin Crossing Mitigation Area”). The “Dublin Crossing” consists of removal of concrete linings and riprap, re-contouring of the banks and substrate of the Chabot Creek and Canal 2, and the planting of native riparian vegetation. Impacts to waters of the U.S. due to fill discharge are regulated by the Clean Water Act, Section 404, and were authorized by the District Engineer pursuant to Individual Permit No. 2012-00103S, dated June 9, 2017 (Exhibit B). C. The District Engineer of the USACE issued the Section 404 Individual Permit for the Dublin Crossing Project (the “Dublin Crossing 404 Permit”) authorizing the Declarant’s discharges to waters of the United States. The Dublin Crossing 404 Permit contains Special Conditions (#1 - #3) (hereafter the “404 Special Conditions") which set forth conditions of approval concerning the proposed fill and those Special Conditions specifically relating to the Dublin Crossing Mitigation are attached hereto as Exhibit B and incorporated herein by reference as if set forth in full. D. The Dublin Crossing 404 Special Conditions among other things, require that Dublin Crossing, LLC shall submit to USACE a deed restriction to be executed and recorded by the Declarants to protect restored, and enhanced avoided habitat. That deed restriction shall require that the Burdened Property (Exhibit A) be restored and maintained in perpetuity consistent with the Addendum to: Long Term Management Plan Dublin Crossing, November 2020 (Exhibit C), and the Addendum to: Revised Mitigation & Monitoring Plan Dublin Crossing, August 2020 (Exhibit D) and incorporated herein by reference as if set forth in full, and that use of the Dublin Crossing Mitigation Area be limited as set forth in 404 Special Conditions (#1 - #3). E. Dublin Crossing, LLC applied to the California Regional Water Quality Control Board for the San Francisco Bay Region ("Board") for a water quality certification under Section 401 of the Clean Water Act and coverage under State Water Resources Control Board Order No. 2003-0017 - DWQ, "General Waste Discharge Requirements for Dredge and Fill Discharges That Have Received State Water Quality Certification" to authorize the Declarant to place fill in waters of the United States and the State of California to construct the Dublin Crossing Project, and to mitigate for such placement of fill material on the Burdened Property. Impacts to waters of the U.S. and waters of the State of California are authorized by the Clean Water Act Section 401 Certification and coverage under the Board Order for CIWQS Place No. 812873 (bkw), CIWQS Reg. Meas. No. 399698. F. On May 31, 2017 the Board's Executive Officer issued the Section 401 water Revision Date 4/5/2021 - 3 - 1442261.1 quality certification for the Dublin Crossing Project referenced as CIWQS Place No. 812873 (the “Dublin Crossing 401 Certification”) for the Dublin Crossing discharges to waters of the United States and the State of California. The Dublin Crossing 401 Certification contains Special Conditions (1 - 33) (hereafter the "401 Special Conditions") setting forth conditions of approval concerning the proposed fill and those 401 Special Conditions specifically relating to the Burdened Property (described in Exhibit A) are attached hereto as Exhibit E and incorporated herein by reference as if set forth in full. G. The Board's Executive Officer found that, but for the 401 Special Conditions, the proposed discharge into waters of the United States and State of California could not be found consistent with applicable law and that a water quality certification could therefore not be issued. H. The 401 Special Conditions, among other things, require that Dublin Crossing, LLC shall submit to the Executive Officer a deed restriction to be executed and recorded by the Declarants to protect restored and enhanced habitat. That deed restriction shall require that the Burdened Property (Exhibit A) be restored and maintained in perpetuity consistent with the Addendum to: Long Term Management Plan Dublin Crossing, November 2020, and the Addendum to: Revised Mitigation & Monitoring Plan Dublin Crossing, August 2020 (which are attached as Exhibits C and D) and incorporated herein by reference as if set forth in full, and that use of the Dublin Crossing Mitigation Area be limited as set forth in 401 Special Conditions (1 - 33). E. The Declarants elected to execute and record the deed restriction as set forth in this Declaration required in the 401 Special Conditions, so as to enable the Dublin Crossing, LLC to undertake the actions authorized by the water quality certification issued by the Board. NOW, THEREFORE, in consideration for the rights granted to Dublin Crossing, LLC for the development of the Dublin Crossing Project, located in the City of Dublin, County of Alameda, the Burdened Property shall be preserved for habitat preservation pursuant to California Civil Code §§ 815, et seq., and shall be dedicated in fee simple to the Alameda County Water Conservation and Flood Control District, Zone 7 (“Zone 7”) – pursuant to California Civil Code §§ 815, et seq., (Zone 7 is the “Dedicatee”). The transfer of ownership shall provide mitigation of certain anticipated impacts resulting from the Dublin Crossing Project as authorized by the Department of the Army Permit No. 2012-00103S, dated June 9, 2017, and the Board’s 401 Certification and coverage under the Board Order for CIWQS Place No. 812873 (bkw), CIWQS Reg. Meas. No. 399698, AND, IN CONSIDERATION of the Dublin Crossing 404 Permit and the Dublin Crossing 401 Certification, the undersigned Declarants for themselves and for their heirs, assigns, and successors-in-interest, hereby irrevocably covenant with the Department of the Army and the Board that the protective provisions, covenants and restrictions ("Restrictions") set forth in this Declaration shall at all times on and after the date on which this Declaration is recorded constitute for all purposes, covenants, conditions and restrictions on the use and enjoyment of the Burdened Property that are hereby attached to the deed to the Burdened Property as fully Revision Date 4/5/2021 - 4 - 1442261.1 effective components thereof. Revision Date 4/5/2021 - 1 - 1442261.1 ARTICLE I DEFINITIONS 1.1 Board. "Board" shall mean the California Regional Water Quality Control Board for the San Francisco Bay Region and shall include its successor agencies, if any. 1.2 Burdened Property. “Burdened Property” shall mean that property legally described in Exhibit A (aka “the Property” or “Protected Area”). 1.3 Declarants. “Declarants” shall mean Dublin Crossing, LLC, and the City of Dublin. 1.4 Dedicatee. “Dedicatee” shall mean Alameda County Flood Control and Water Conservation District (aka “Zone 7”). 1.5 District Engineer. “District Engineer” shall mean the Commanding Officer of the San Francisco District of the U. S. Army Corps of Engineers. 1.6 Mitigation and Monitoring Plan. “Mitigation and Monitoring Plan” shall mean the document titled “Addendum to: Revised Mitigation & Monitoring Plan Dublin Crossing, dated August 6, 2020” (aka “MMP”) 1.7 Long Term Management Plan. “Long Term Management Plan” shall mean the document titled “Addendum to: Long Term Management Plan Dublin Crossing, dated November 4, 2020” (aka “LTMP”) 1.8 Occupant. “Occupant” shall mean the Alameda County Flood Control and Water Conservation District or successor, or any entity acting on behalf of Alameda County Flood Control and Water Conservation District or successor. 1.9 Owner or Owners. "Owner" or "Owners" shall mean the Declarants and/or their successors in interest, who hold title to all or any portion of the Protected Area of the Burdened Property. 1.10 Protected Area. “Protected Area” shall have the same meaning as “Burdened Property.” 1.11 Dublin Crossing Permits. “Dublin Crossing Permits” shall mean the Individual Permit issued by the San Francisco District of the U. S. Army Corps of Engineers, dated June 9, 2017, and the Clean Water Act, Section 401 Water Quality Certification issued by the San Francisco Regional Water Quality Control Board, dated May 31, 2017. 1.12 Dublin Crossing Project. “Dublin Crossing Project” shall mean the development of 157.6- acres of land with the former southern portion of the Camp Parks Cantonment Area, City of Dublin, CA, Alameda County, California. The development will include mixed-uses with a Revision Date 4/5/2021 - 2 - 1442261.1 combination of medium- and high density residential, commercial, retail, parks, open space, and a school. 1.13 USACE. “USACE” shall mean the San Francisco District of the U. S. Army Corps of Engineers. 1.14 Zone 7. “Zone 7” shall mean the Alameda County Flood Control and Water Conservation District, Zone 7 [Continues on Following Page] Revision Date 4/5/2021 - 1 - 1442261.1 ARTICLE II GENERAL PROVISIONS 2.1 Current State of Burdened Property. The Burdened Property is currently in a natural state and is intended to remain undisturbed, except for those activities described in the Addendum to: Long Term Management Plan Dublin Crossing, dated November 4, 2020, a copy of which is attached here to as Exhibit C (the “LTMP”). 2.2 Value of Burdened Property. The Burdened Property provides or is capable of providing significant ecological and habitat values (collectively “conservation values”) that are of aesthetic, ecological, educational, historical, recreational, and scientific value. These values include, but are not limited to, the jurisdictional waters of the U.S. and State of California, and the functions and values of approximately 0.70- acres of created seasonal wetlands, restoration of 748- linear feet of disturbed canals, enhancement of 2,184- linear feet of disturbed canals, and enhancement of 77 linear feet of temporarily impacted canal within the Dublin Crossing open space preserve; these values are of great importance to the Declarants and the people of the United States. 2.3 Preservation. As shown in the LTMP, the Burdened Property will be preserved as an open space and habitat preserve and will be restricted from any development on the terms set forth in the Dublin Crossing 404 and 401 Permits, and this Declaration. 2.4 Purpose. The purpose of this Declaration is to ensure that the Burdened Property will be retained forever in a condition contemplated by the LTMP, and to prevent any use of the Burdened Property that will significantly impair or interfere with the conservation values of the Burdened Property. Declarants intend that this Declaration will confine the use of the Burdened Property to such activities including, without limitation, those involving the preservation and enhancement of native species and their habitats in a manner consistent with the conservation purposes of this Declaration and the LTMP. 2.5 Agreement to Assign. Declarants understand, acknowledge and agree that, as a condition on the issuance by the U.S Army Corps of Engineers of the Dublin Crossing 404 Permit, and the San Francisco Regional Water Quality Control Board of the Dublin Crossing 401 Certification, the Burdened Property shall be restricted from any development and shall be reserved for use as habitat preservation on the terms set forth in the Dublin Crossing Drive permits. Declarants shall offer the Burdened Property for dedication in fee to Zone 7 or to an organization authorized to hold a conservation covenant under California Civil Code § 815, et seq. but such offer does not and shall not be construed as or constitute an offer for public use. 2.6 Covenants Running with the Land. In consideration of benefits derived from the Clean Water Act permits, the Declarants do hereby covenant and agree to restrict, and by this instrument does restrict, the future use of the Burdened Property as set forth by the below establishment of this covenant running with the land in perpetuity and shall bind any successors and assigns in interest to the Burdened Property in accordance with applicable law, including, but not limited to, California Civil Code 815, et seq., and California Civil Code 4618. This Declaration sets forth Restrictions upon and subject to which every portion of the Burdened Revision Date 4/5/2021 - 2 - 1442261.1 Property shall be improved, held, used, occupied, leased, sold, hypothecated, encumbered and/or conveyed. Each and all of the Restrictions shall run with the land, and pass with each and every portion of the Burdened Property, and shall apply to, inure to the benefit of, and bind the respective successors in interest thereof, for the benefit of the USACE, the Board and all other Owners and Occupants, as well as the people of the United States and the State of California. Each and all of the Restrictions are enforceable by the Board and/or USACE. 2.7 Notice in Agreements. After the date of recordation hereof, all Owners and Occupants shall execute a written instrument which shall accompany all purchase agreements, easements or leases relating to the property. Any such instrument shall contain the following statement: The land described herein is subject to a deed restriction dated as of ________________, 20__, and recorded on, __________ 20__, in the Official Records of Alameda County, California, as Document No.__________, which Covenant and Deed Restrictions imposes certain covenants, conditions, and restrictions on usage of all or a portion of the property described herein. 2.8 Development Rights. All present and future development rights allocated, implied, reserved, or inherent to the Burdened Property that are not consistent with the Restrictions or the LTMP are hereby extinguished and may not be used on or transferred to any portion of the Burdened Property, nor any other property, wherever located. 2.9 Concurrence of Owners and Lessees Presumed. All purchasers, lessees, or possessors of any real property interest in any portion of the Burdened Property, whether past, present or future, shall be presumed by their purchase, leasing, or possession of a portion of the Burdened Property to be in accord with the foregoing and to agree for and among themselves, their heirs, successors, and assignees, and the agents, employees, and lessees of such owners, heirs, successors, and assignees, that the Restrictions as herein established must be adhered to for the benefit of the USACE, the Board, and the Owners and Occupants of the Burdened Property and that the interest of the Owners and Occupants of the Burdened Property shall be subject to the Restrictions contained herein. No Owner or Occupant of the Burdened Property shall act in any manner that would be inconsistent with the Restrictions. 2.10 Enforcement. USACE and the Board shall have the right, to enforce each and every provision herein. The covenant shall be enforceable by remedy of injunctive relief in addition to any other remedy in law or equity. Failure of the Declarants, Dedicatee, or other Owner or Occupant to comply with any provision of this Declaration shall be grounds for USACE or the Board, by reason of this Declaration, to have the authority to require that the Declarants, Dedicatee, Owner or Occupant modify or remove any improvements constructed in violation of this Declaration and restore the Burdened Property as described in the LTMP and the 404 and 401 Special Conditions. In the event that the Declarants, their heirs, assigns or successors in interest shall fail to abide by any of the covenants hereunder, they hereby agree to pay all reasonable costs and expenses incurred by USACE or the Board in securing performance of such obligation, including reasonable attorney's fees and costs. In the event of a breach, any Revision Date 4/5/2021 - 3 - 1442261.1 forbearance on the part of any party to this covenant to enforce the terms and provisions hereof shall not be deemed a waiver of enforcement rights regarding any subsequent breach. The Declarants and Dedicatee agree that USACE, the Board, and/or any persons acting pursuant to USACE or Board orders, shall upon providing reasonable notice to the Declarants or Dedicatee, have reasonable access to the Burdened Property for the purposes of inspection, surveillance, maintenance, or monitoring, as provided for in Division 7 of the Water Code. Nothing contained in this Declaration shall be construed to entitle the United States or State of California to bring any action for any injury to or change in the Burdened Property resulting from causes beyond Declarants’ or Dedicatee’s control, including, without limitation, fire not caused by Declarants or Dedicatee, flood, storm, and earth movement, or from any prudent action taken by Declarants or Dedicatee under emergency conditions to prevent, abate, or mitigate significant threats to life, to health, to public safety, and of injury to the Burdened Property or other property resulting from such causes. ARTICLE III RESTRICTIONS 3.1 Implementation of Mitigation Measures. All mandatory mitigation measures presented in the LTMP and MMP (Attached hereto as Exhibits C and D) applicable to the Burdened Property shall be implemented by Dublin Crossing, LLC. 3.2 Prohibited Activities. Unless allowed pursuant to Sections 3.3 or 4.2 below or unless allowed in the LTMP or future revisions thereof that have been approved in advance in writing by USACE and the Board or its Executive Officer, the following activities are prohibited on the Burdened Property: a. Construction, reconstruction or placement of any building, billboard, sign, structure, or other improvement, except as provided in the LTMP, or upon approval of USACE and Board. b. Unseasonable watering; use of fertilizers, herbicides, pesticides, biocides, or other agricultural chemicals; mosquito abatement activities; weed abatement activities; incompatible fire protection activities; and any and all other uses which may adversely affect the conservation purposes of this Declaration. c. Grazing and agricultural activity of any kind, except as may be provided in the LTMP. d. Commercial or industrial uses. e. Depositing soil, trash, ashes, refuse, waste, bio-solids or any other material. f. Filling, dumping, excavating, draining, dredging, mining, drilling, removing, exploring for or extracting minerals, loam, gravel, soil, rock, sand or other material on Revision Date 4/5/2021 - 4 - 1442261.1 or below the surface of the Burdened Property, or granting or authorizing surface entry for any of these purposes, unless authorized by the Board and USACE. g. Altering the surface or general topography of the Burdened Property, including building drives, paving or otherwise covering the Burdened Property with concrete, asphalt, or any other impervious material, except as provided in the LTMP and approved by the Clean Water Act permits. h. Removing, destroying, or cutting trees, shrubs or other vegetation, except as required for: (i) fire and/or flood protection measures as specified in the LTMP; (ii) maintenance of existing foot trails or drives; (iii) prevention or treatment of disease; (iv) utility line clearance, or (v) maintaining flows through the Burdened Property. i. Use of motorized vehicles, including off-drive vehicles, except on existing driveways, as required to meet the obligations of the LTMP. j. Transferring any water right. k. Planting, introduction or dispersal of non-native or exotic plant or animal species. l. Manipulating, impounding or altering any natural watercourse, body of water or water circulation on the Burdened Property and any activities or uses detrimental to water quality, including but not limited to degradation or pollution of any surface or sub-surface waters. m. All active recreational activities not otherwise described in the LTMP, including, but not limited to, horseback riding, biking, hunting or fishing. n. Permitting a general right of access to the property that may result in damage to ecological functions and values. o. Assigning, terminating, or altering any and all mineral, water, or air rights, without the prior written authorization of the USACE and Board. p. Granting any additional interest in the Burdened Property, without the prior written authorization of the USACE and Board. Revision Date 4/5/2021 - 5 - 1442261.1 3.3 Permitted Activities. Notwithstanding the foregoing restrictions, the following activities may occur in the Protected Areas: a. Engaging in uses and activities necessary or appropriate to implement the LTMP. b. Control of entry upon the Burdened Property, including, without limitation, the installation and maintenance of signs or fences that do not impede the movement of wildlife. c. Passive recreational uses, including those activities described in the LTMP, that do not degrade the conservation values of the Burdened Property. ARTICLE IV VARIANCE AND TERMINATION 4.1 Effect of Declaration. The covenants and the provisions set forth in this Declaration are irrevocable and nonmodifiable and shall continue in effect in perpetuity unless modified or terminated as provided herein. 4.1 Variance from Declaration. Declarants, Dedicatee, or any Owner, or with the Owner's consent, any Occupant of the Burdened Property or a portion thereof may apply to USACE and the Board for a written variance from the provisions of this Declaration. USACE and the Board, at their discretion, may approve the variance if they find that the requested variance would not impact the size, condition, or functions of the mitigation features required by the Clean Water Act permits and protected by this Declaration. 4.2 Termination of Declaration. Declarants, Dedicatee, or Any Owner or with the Owner's consent, any Occupant of the Burdened Property or a portion thereof may apply to USACE or the Board for a termination of the provisions of this Declaration as they apply to all or any portion of the Burdened Property. Termination of the provisions of this Declaration requires the provision of alternate mitigation of equivalent size, condition, and functions. USACE and the Board will not approve the termination of the provisions of this Declaration until such alternate mitigation has been established, including the implementation of any necessary construction and planting, as well as a minimum of five years of post-establishment monitoring and maintenance, and a deed restriction or conservation easement has been recorded for the alternate mitigation site. Revision Date 4/5/2021 - 6 - 1442261.1 ARTICLE V MISCELLANEOUS 5.1 Best and Most Necessary Use. The habitat conservation values of the Declaration are presumed to be the best and most necessary public use as defined in equity and pursuant to California Code of Civil Procedure §1240.680 notwithstanding Code of Civil Procedure §§1240.690 and 1240.700. 5.2 No Dedication Intended. Nothing set forth herein shall be construed to be a gift or dedication, or offer of a gift or dedication, of the Burdened Property or any portion thereof to the general public. 5.2 Taxes. Prior to transfer to Dedicatee, Declarants shall pay before delinquency all taxes, assessments, fees, and charges of whatever description levied on or assessed against the Burdened Property by competent authority (collectively, "taxes"), including any taxes imposed upon, or incurred as a result of, this Declaration, and shall furnish satisfactory evidence of payment upon request. Dedicatee shall there-forward keep the Burdened Property free from any liens, including those arising out of any obligations incurred by the Declarants or Dedicatee for any labor or materials furnished or alleged to have been furnished at or for use on the Burdened Property. 5.3 Subsequent Property Transfer. Declarants and Dedicatee agree to incorporate the terms of this Declaration in any deed or other legal instrument by which the Declarants or Dedicatee divests itself of any interest in all or a portion of the Property, including, without limitation, a leasehold interest. Declarants or Dedicatee shall give USACE and the Board written notice of the intent to transfer any interest at least 30 days prior to the date of such transfer. USACE and the Board shall have the right to prevent subsequent transfers in which transferees are not given notice of the terms, covenants, conditions and restrictions of this Declaration. The failure of Declarants or Dedicatee to perform any act required by this section shall not impair the validity of this Declaration or limit its enforcement in any way. 5.4 Recordation. Declarants shall submit an original, signed and notarized Deed including this Declaration to USACE and the Board, and shall promptly record this instrument in the official records of the County of Alameda, and shall thereafter promptly provide a conformed copy of the recorded Declaration to USACE and the Board. Upon the assignment of the Burdened Property, Dedicatee shall promptly record the title with this Declaration in the official records of the County of Alameda, and shall thereafter promptly provide a conformed copy of the recorded Declaration to USACE and the Board. 5.5 Termination of Declaration. Upon approval of USACE and the Board, Declarants or Dedicatee may grant a perpetual Conservation Easement over the Property to a third party approved to hold Conservation Easements under Civil Code § 815, et seq., and, by so doing, may terminate this Declaration. Termination may only occur after Conservation Easement has been Revision Date 4/5/2021 - 7 - 1442261.1 recorded and only if the Conservation Easement contains all provisions set forth in this Declaration. 5.6 General Provisions. a. Controlling Law. The interpretation and performance of this Declaration shall be governed by the laws of the State of California and applicable Federal law, including the Clean Water Act. b. Liberal Construction. Any general rule of construction to the contrary notwithstanding, this Declaration shall be liberally construed to affect the purposes of this Declaration and the policy and purpose of Civil Code §815, et seq. If any provision in this instrument is found to be ambiguous, an interpretation consistent with the purposes of this Declaration that would render the provision valid shall be favored over any interpretation that would render it invalid. c. Severability. If any provision of this Declaration or the application thereof is found to be invalid the remaining provisions of this Declaration or the application of such provisions other than that found to be invalid shall not be affected thereby. d. Entire Agreement. This Declaration and the LTMP incorporated by reference herein, including all of the exhibits thereto, together set forth the entire agreement of the parties and supersede all prior discussions, negotiations, understandings, or agreements relating to the Declaration, all of which are merged herein. No alteration or variation of this instrument shall be valid or binding unless contained in an amendment in accordance with the provisions herein. e. Termination of Rights and Obligations. A party's rights and obligations under this Declaration terminate upon transfer of the party's interest in the Declaration or Property, except that liability for acts, omissions or breaches occurring prior to transfer shall survive transfer. f. Captions. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon its construction or interpretation. g. Counterparts. The parties may execute this instrument in two or more counterparts, which shall, in the aggregate, be signed by both parties; each counterpart shall be deemed an original instrument as against any party who has signed it. [Signatures on Following Page] Revision Date 4/5/2021 - 1 - 1442261.1 IN WITNESS WHEREOF, Declarant has executed and delivered this Declaration as of the day and year first above written. DECLARANT (Dublin Crossing, LLC): DUBLIN CROSSING, LLC, a Delaware limited liability company By: BrookCal Dublin LLC, a Delaware limited liability company Its: Member By: ________________________________ Name: ______________________________ Title: _______________________________ Date: _______________________________ By: SPIC Dublin LLC, a Delaware limited liability company Its: Member By: Standard Pacific Investment Corp., a Delaware corporation Its: Member By: ________________________________ Name: ______________________________ Title: _______________________________ Date: _______________________________ DECLARANT (City of Dublin): By: ________________________________ Name: ______________________________ Title: _______________________________ Date: _______________________________ Revision Date 4/5/2021 - 2 - 1442261.1 DEDICATEE (Zone 7): By: ________________________________ Name: ______________________________ Title: _______________________________ Date: _______________________________ UNITED STATES ARMY CORPS OF ENGINEERS By: ________________________________ Name: ______________________________ Title: _______________________________ Date: _______________________________ REGIONAL WATER QUALITY CONTROL BOARD By: ________________________________ Name: ______________________________ Title: _______________________________ Date: _______________________________ Revision Date 4/5/2021 - 3 - 1442261.1 EXHIBIT A TO DEED RESTRICTION: LEGAL DESCRIPTIONS Revision Date 4/5/2021 - 4 - 1442261.1 EXHIBIT B TO DEED RESTRICTION: USACE 404 PERMIT Type text hereTTO Type text here Revision Date 4/5/2021 - 5 - 1442261.1 EXHIBIT C TO DEED RESTRICTION: LONG TERM MANAGEMENT PLAN TO BE UPDATED WITH FINAL APPROVED LTMP PRIOR TO RECORDATION Revision Date 4/5/2021 - 6 - 1442261.1 EXHIBIT D TO DEED RESTRICTION: MITIGATION AND MONITORING PLAN TO BE UPDATED WITH FINAL APPROVED MMP PRIOR TO RECORDATION Revision Date 4/5/2021 - 7 - 1442261.1 EXHIBIT E TO DEED RESTRICTION: RWQCB 401 PERMIT Sent via electronic mail: No hardcopy to follow May 31, 2017 CIWQS Place No. 812873 (bkw) CIWQS Reg. Meas. No. 399698 Corps File No. SPN 2012-00103S Dublin Crossing, LLC. 4750 Willow Road, Suite 150 Pleasanton, CA 94588 Attn: Trece Herder (Trece.Herder@calatl.com) Subject: Water Quality Certification for the Dublin Crossing Development Project in the City of Dublin, Alameda County Dear Ms. Herder: San Francisco Bay Regional Water Quality Control Board (Water Board) staff has reviewed the application materials that were submitted by Cardno, Inc. (the Applicant’s authorized agent) on behalf of Dublin Crossing, LLC. (the Applicant) for the Dublin Crossing Development Project, in the City of Dublin, in Alameda County (Project). The Applicant has applied to the U.S. Army Corp of Engineers (Corps) for authorization of the Project pursuant to a Clean Water Act (CWA) Section 404 Individual Permit (Corps File No. SPK 2012-00103S). You applied to this office under Section 401 of the CWA for water quality certification (Certification) verifying that the Project does not violate State water quality standards. Project Description: The following Project description was derived from application materials received on February 2, 2015, and supplemental materials received through April 7, 2017. The Project purpose is to create a mixed-use residential community, with associated infrastructure, including parks and a school, within an infill site in the City of Dublin (See Figure 1, Project Site and Vicinity Map, and Figure 2, Wetlands and Waters of the U.S. Impacts Map, in Attachment A) The Project will be comprised of 38 acres of medium-density residential, 33 acres of medium-high density residential, 6 acres of general commercial/medium-high density residential, 4 acres of general commercial/high-density residential, 13 acres of mixed-use, 12 acres of school space, 33 acres of park and open space, and 18 acres of roads. The Project will be developed over an eight to twelve-year period in phases. Project Location. The Project site occupies 157.6 acres within the City of Dublin, Alameda County, California (Section 6, Township 3 South and Range 1 East of the U.S. Geological Survey (USGS) Dublin 7.5-minute topographic quadrangle) (See Figure 3: USGS Quadrangle Map, in Attachment A). This site is within a previously developed portion of the 2,485-acre U.S. Army’s Parks Reserve Forces Training Area. The Project site is bounded by 5th and 6th Streets to the North, Arnold Road to the east, Dublin Boulevard to the South, and Scarlett Drive and Iron TO BE UPDATED WITH FINAL APPROVED LTMP PRIOR TO RECORDATION Dublin Crossing, LLC - 2 - Dublin Crossing Project CWIQS Place ID No. 812873 Horse Regional Trail to the West. The site is comprised of all or part of three parcels (APNs: 986-1-1-15, 986-0034-006, 986-0034-002). The project site has a gentle southwestern slope, with elevations ranging from approximately 335 to 360 feet above mean sea level. About 77 acres of the site is developed, with existing or former buildings, parking areas, storage areas, and roads. Debris from the demolished buildings that once occupied the site (concrete footings, asphalt, rebar, and pipes) are scattered throughout previously developed portions of the site. The project site is dominated by non-native grasslands. Dominant species include wild oats (Avena fatua), Italian rye grass (Festuca perennis), ripgut brome (Bromus diandrus), foxtail barley (Hordeum murinum ssp. leporinum), and soft chess (Bromus hordeaceus). Associated annual forbs include primarily non-native plants such as black mustard (Brassica nigra), short pod mustard (Hirschfeldia incana), Italian thistle (Carduus pycnocephalus), yellow star-thistle (Centaurea solstitialis), bull thistle (Cirsium vulgare), bristly ox-tongue (Helminthotheca echioides), alkali mallow (Malvella leprosa), stinkwort (Dittrichia graveolens), and annual fireweed (Epilobium brachycarpum). Waters of the State: Three types of waters of the State are present within the Project site: seasonal wetlands, drainage ditches, and seasonal stream channels, which are referred to as the Chabot Canal and Canal 2 in the application materials (See Figure 2, Wetlands and Waters of the U.S. Impacts Map, in Attachment A). The project site is located in the San Francisco Bay 8-digit hydrologic unit code (HUC #18050004), in the Arroyo Mocho 10-digit HUC (HUC #1805000403). Chabot Canal is a reach of Chabot Creek that has been modified by the U.S. Army. The hydrology of the Project site is provided by direct precipitation and seasonal flows to Chabot Canal and Canal 2 from the upstream watersheds. The watershed that supports Chabot Canal is approximately 927 acres. The watershed that supports Canal 2 is approximately 688 acres. The overall southwestern slope of the project site directs surface flows towards the southwest. As water flows southward, it enters a channelized portion of Chabot Creek that extends from Dublin Boulevard to roughly Interstate Highway 580. Immediately north of Interstate Highway 580, flow in Chabot Creek joins the underground municipal stormwater system, and flows southward, daylighting at Arroyo Mocho, just south of West Las Positas Boulevard in Pleasanton. Canal 2 begins as a concrete-lined channel northeast of the Project site in the Tassajara Creek Regional Park. This canal also conveys stormwater flows from developed areas northeast of the Project site. Flow in Canal 2 eventually discharges to the municipal stormwater system at Dublin Boulevard, which ultimately discharges to Arroyo Mocho. A segment of Canal 2 that runs parallel to Arnold Road is outside of the Dublin Crossing Project site, and is referred to in Project documents as the Canal 2 Crossings Area. Table 1 summarizes the extent of waters of the State at the Project site and Canal 2 Crossings Area. There is a total of 1.235 acres and 4,153 linear feet of waters of the State within the Dublin Crossing Project site; 0.35 acre (574 linear feet) is jurisdictional wetlands and 0.885 acre (3,579 linear feet) consists of other waters of the State. There are also 0.052 acre (750 linear feet) of other waters of State in the Canal 2 Crossings Area. The U.S. Army will impact a segment of Chabot Canal on the north side of the Project site as part of the construction of a flood control project, the Parks Reserve Forces Training Area Road and Utility Improvements Project (Camp Parks RFTA Project; USACE File No. SPN-2004-2847750S; Water Board Site No. 02-01-C1180 (bkw); CIWQS Place ID No. 804392), that extends into the northern portion of the Dublin Crossing Project site. TO BE UPDATED WITH FINAL APPROVED LTMP PRIOR TO RECORDATION Dublin Crossing, LLC - 3 - Dublin Crossing Project CWIQS Place ID No. 812873 The Army will fill the northern portion of the Chabot Canal and construct a new canal, called the Parks Project Canal, about 400 feet to the west of the existing canal alignment (See the Figure, Chabot Canal Impacts, in Attachment A). The U. S. Army flood control project has independent utility and will be implemented under a separate Certification. Table 1. Total Waters of the State within the Dublin Crossing Project Footprint Jurisdictional Water Type Acres Linear Feet Dublin Crossing Project Site Wetlands Seasonal Wetland 0.24 n/a Wetland Drainage Ditch 0.11 574 Wetlands Subtotal 0.35 574 Other Waters Chabot Canal 0.70 1536 Canal 2 0.090 1311 Parks Project Canal 0.095 732 Other Waters Subtotal 0.885 3,579 Total* 1.235 4,153 Offsite but Within Project Footprint Canal 2 Crossings Area** Other Waters 0.052 750 *Total jurisdictional waters on Dublin Crossing Project site **Canal 2 Crossings Area is located outside the Dublin Crossing Project site, but will be impacted by construction/restoration associated with the project A 0.24-acre seasonal wetland is located in the center of the project site. This feature is dominated by non-native facultative wetland plants consisting primarily of narrow leaved plantain (Plantago lanceolata) and seaside barley (Hordeum marinum). Four segments within the drainage ditch system on the Project site, with an area of 0.11 acres and length of 574 linear feet, exhibit evidence of long-term inundation and/or evidence of intermittent flow. These areas are dominated by a variety of facultative wetland or obligate wetland plants species, such as tall flatsedge (Cyperus eragrostis), Baltic rush (Juncus balticus), western dock (Rumex occidentalis), and common spikerush (Eleocharis macrostachya) and exhibit depleted or gleyed soils. Chabot Canal at the Project site is a channelized and partially concrete-lined portion of Chabot Creek. Vegetation within Chabot Canal consists of emergent vegetation, such as cattails (Typha sp.), rushes (Juncus balticus), and sedges (Cyperus eragrostis) in the southern section, a small amount of riparian vegetation in the central portion, mowed or cleared vegetation within the low-flow channel, and annual grassland margins in the northern section. Chabot Canal is mostly a vegetated channel, but has a concrete-lined reach at the southern perimeter of the Project site. In addition, some portions of Chabot Canal have rock rip-rap armoring and/or concrete armoring adjacent to culverts or at storm drain outfalls into the Canal. A large concrete-bottomed box TO BE UPDATED WITH FINAL APPROVED LTMP PRIOR TO RECORDATION Dublin Crossing, LLC - 4 - Dublin Crossing Project CWIQS Place ID No. 812873 culvert is located at 4th Street. This culvert has concrete bibs and wingwalls that are being undercut by flows in the canal. Canal 2 is a partially culverted and partially concrete-lined channel that flows alongside Arnold Road, immediately east of the eastern boundary of the Project site. South of Central Parkway, Canal 2 splits and an overflow channel cuts southwest through the southeastern edge of the Project site (the onsite portion of the canal), while the main flows are undergrounded and enter the City of Dublin stormdrain system in Arnold Road. The onsite portion (southwestern portion) of Canal 2 crosses the Project site in a northeast/southwest orientation, flowing from Arnold Road (diagonally in plan-view) to an existing culvert located under Dublin Blvd. This segment is densely vegetated with narrow-leaved cattail (Typha angustifolia), with several arroyo willow (Salix lasiolepis) trees interspersed along the length of the canal and margins dominated by ruderal vegetation. The southwestern extent of the canal is concrete-lined. The offsite portion of Canal 2 is adjacent to Arnold Road and flows from North to South, before turning onto the Project site. This segment is highly disturbed, with significant lengths lined with concrete and rock riprap, and is largely unvegetated. Uplands adjacent to the canal are dominated by ruderal vegetation and ornamental trees, including black locust (Robinia pseudoacacia), southern live oak (Quercus virginiana), silktree (Albizia julibrissin), and Chinese pistache (Pistacia chinensis). However, hydrophytic vegetation grows in several pockets of accumulated silt in the channel. These vegetated pockets are dominated by tall flatsedge, narrow-leaved cattail, and hardstem bulrush (Schoenoplectus acutus). Two segments of the offsite portion of Canal 2, referred to as the Canal 2 Crossings Area in Project documents, will be impacted by the construction of box culverts to support road crossings. Channel restoration will occur upstream and downstream of each crossing. The new northern crossing for Horizon Parkway will be placed over the footprint of an existing box culvert and its associated concrete apron. The new southern crossing for Central Parkway will be placed over an existing rock riprap-lined reach of the channel (See Figure P2.1, Canal 2 Proposed Restoration Plan, in Appendix B in Attachment C). Stormwater Treatment: Stormwater infrastructure for the Project site has been designed to comply with water quality and hydromodification requirements in Provision C.3 of the Municipal Regional Stormwater National Pollutant Discharge Elimination System (NPDES) Permit (MRP) (Order No. R2-2015-0049; NPDES Permit No. CAS612008; November 11, 2015). The post-construction stormwater control plan for the Project is presented in the Storm Water Management Plan, Dublin Crossing, City of Dublin, Alameda County California (SWMP) (Ruggeri-Jensen-Azar, April 14, 2017). Stormwater quality treatment measures consist of bioretention cells and Silva Cells that will be distributed throughout the development and incorporated into common space landscape areas and paseos. Cross-sections of the bioretention cells are illustrated in Appendix C of Attachment B and cross-sections of Silva Cells are illustrated in Appendix D of Attachment B. Proposed locations of bioretention cells and Silva Cells are indicated in the figures in Appendix F of Attachment B. Hydromodification mitigation plans are illustrated in Appendix H of Attachment B. The Project will use underground, 96-inch diameter storm drain storage pipes, in combination with surface and underground detention facilities, to comply with the hydromodification mitigation requirements of the MRP. Treated storm water runoff will ultimately be conveyed to the existing, underground City storm drain facilities along Dublin Boulevard. Treatment BMPs shall be Dublin Crossing, LLC - 5 - Dublin Crossing Project CWIQS Place ID No. 812873 regularly maintained to ensure they continue to be effective and do not cause flooding or other harmful nuisances. Maintenance of stormwater facilities will be the responsibility of the Home Owners Association (HOA) for Dublin Crossing, which is referred to as the Master Association in Section 2.39 of the Master Declaration of Covenants, Conditions, and Restrictions of Boulevard (CC&Rs) (Little & Saputo, March 31, 2017). The HOA shall implement the Operations and Maintenance Manual for the Stormwater Quality & Hydromodification Control Facilities, Dublin Crossing, Tract 8150, Dublin, California (O&M Manual) (MacKay & Somps, April 28, 2017) to ensure that the stormwater infrastructure functions as designed. Impacts: The Water Quality Control Plan for the San Francisco Bay Basin (Basin Plan) is the Board's master water quality control planning document. It designates beneficial uses and water quality objectives for waters of the State, including surface waters and groundwater. The Project will impact waters of the State tributary to Arroyo Mocho. Arroyo Mocho has existing beneficial uses of groundwater recharge, cold freshwater habitat, fish migration; fish spawning; warm freshwater habitat; wildlife habitat; contact water recreation; and non-contact water recreation. By the tributary rule, the beneficial uses assigned to a water body are presumed to apply to its tributaries. The Dublin Crossing Project’s impact on waters of the State will be the result of grading, fill, channel realignment, and culvert construction. All onsite wetlands and wetlands ditches will be filled. The northern, on-site end of Chabot Canal will be diverted into an 11-foot by 4-foot earthen bottom, box culvert under the future Horizon Parkway (See the figure, Chabot Channel Culvert Details, Boulevard, in Attachment A). At the southern, on-site end of Chabot Canal, the channel will be placed into an 8-foot by 8-foot box culvert; four stormwater outfalls will discharge into this box culvert. The southwestern end of Canal 2 will be filled and undergrounded in a 5-foot diameter, reinforced concrete pipe for residential development. A portion of Canal 2 in the Canal 2 Crossings Area will be impacted by installation of box culverts for the Central Parkway and Horizon Parkway crossings (See the figures, Culvert Details, Tract 8309 - Boulevard, in Attachment A). The bottom of each box culvert will be placed below the channel invert, and the lower portion of each culvert will be filled with soil to match the upstream and downstream channel invert. The Dublin Crossing Project’s impacts to waters of the State are summarized in Table 2. Project construction will permanently impact 0.24 acre of seasonal wetland and 0.11 acre of wetland ditches, with a length of 574 linear feet, for a total of 0.35 acres of wetland impacts. The Project will also permanently impact 0.164 acre of other waters of the State, with a total length of 1,255 linear feet (1,013 linear feet within Chabot Canal and the onsite portion of Canal 02 and 242 linear feet within the Canal 2 Crossings Area). The Project will temporarily impact 77 linear feet of the onsite portion of Canal 02 (See Figure 2, Wetlands and Waters of the U.S. Impacts Map, the figure titled, Chabot Canal Impacts, the figure titled, Chabot Channel Culvert Details Boulevard, and the figures titled, Culvert Details Tract 8309 – Boulevard, in Attachment A). About 770,000 cubic yards of fill, consisting of redistributed earthen fill will be placed in permanently impacted wetlands and other waters of the State at the Project site. Dublin Crossing, LLC - 6 - Dublin Crossing Project CWIQS Place ID No. 812873 Table 2. Project Impacts to Waters of the State Jurisdictional Water Type Existing Permanent Impacts Temporary Impacts Avoided Acres Linear Feet Acres Linear Feet Acres Linear Feet Acres Linear Feet Dublin Crossing Project Site Wetlands Seasonal Wetland 0.24 - 0.24 - 0 - Wetland Drainage Ditch 0.11 574 0.11 574 0 0 Wetlands Subtotal 0.35 574 0.35 574 0 0 Other Waters Chabot Canal 0.70 1536 0.058 121 0.636 1415 Canal 02 0.090 1311 0.032 465 0.005 77 0.053 769 Parks Project Canal 0.095 732 0.057 427 0.038 305 Other Waters Subtotal 0.885 3,579 0.147 1,013 0.727 2,489 Canal 02 Crossings Area* - - 0.017 242 - - Total others waters of the U.S. Impact** 1,255 Total 1.235 4,153 0.514 1,829 0.005 77 0.727 2,489 * The Canal 02 Crossings Area is located outside of but adjacent to the Project site **Total onsite and offsite other waters of the U.S. The Project will permanently impact 0.35 acres of wetlands and 0.164 acres of other waters of the State (1,829 linear feet) and temporarily impact 0.005 acres (77 linear feet) of other waters of the State on site (See Table 2 above). 1,829 linear feet of channels will be permanently impacted, and 77 linear feet of channels will be temporarily impacted. Due to the Project site’s proximity to relatively undisturbed and undeveloped portions of Alameda and Contra Costa Counties, several special status-species are known to occur within five miles of the Project site. However, surveys conducted at the Project site in 2002-2003, 2012- 2013, 2014, and 2015 have not found special status species, and the Project site is not located within designated critical habitat for any special-status species. Based on the negative findings in the prior surveys, State or federally listed plant or wildlife species are not expected to occur on the Project site. Mitigation: The Dublin Crossing Project will permanently impact 0.35 acre of wetlands and 1,829 linear feet (0.164 acre) of other waters and temporarily impact 77 linear feet (0.005 acre) of other waters. In order to mitigate these impacts, the following mitigation will be provided: • Creation of 0.70 acre of seasonal wetlands, within widened canals; • Restoration of 748 linear feet of disturbed canals; • Enhancement of 2,184 linear feet of disturbed canals; and • Enhancement of 77 linear feet of a temporarily impacted canal. Dublin Crossing, LLC - 7 - Dublin Crossing Project CWIQS Place ID No. 812873 Wetland creation and channel restoration and enhancement are described in the Revised Mitigation Monitoring Plan, Dublin Crossing, 620 6th Street, Dublin, Alameda, California (MMP) (Johnson Marigot Consulting, LLC, April 4, 2017). Mitigation for impacts to waters of the State shall be implemented within the 5.47-acre Chabot Canal Restoration and Enhancement Area and the 0.42-acre Canal 2 Restoration Area and the 2.03-acre Canal 2 Enhancement Areas; these areas have a total surface are of 7.92 acres and are collectively referred to as the Restoration and Enhancement Areas in the MMP. Restoration and enhancement efforts will include the removal of 41,236 square feet of concrete structures, pipes, asphalt, and concrete riprap from along the canals. As part of restoration and enhancement efforts, the banks and substrate of the canals will be widened re-contoured and planted with native vegetation. The Chabot Canal and Canal 02 restoration, enhancement, and riparian planting plans are included in Appendices B and C in Attachment C. Trails will be constructed along Chabot Canal and maintenance pathways will be constructed along both canals to provide maintenance access. Within the restored and enhanced segment of Chabot Canal, two clear-span pedestrian footbridges and one clear-span vehicular bridge will be installed (See the figure titled, Chabot Canal Impacts, and the figure titled, Chabot Channel Culvert Details Boulevard, in Attachment A). A single clear-span pedestrian footbridge and two vehicular crossings over box culverts will be installed over Canal 2 (See the figures titled, Culvert Details Tract 8309 – Boulevard, in Attachment A). Restoration and enhancement plans in the MMP are design to recreate some natural channel characteristics in the canals, which have been historically relocated and channelized by the U.S. Army. Wetlands will be created in the northernmost and southernmost portions of the Chabot Canal and a majority of the restored and enhanced portion of Canal 2. The created wetlands will be linear features providing floodplain habitat and flood water storage capacity. Habitat values in the restored and enhanced canals will be enhanced with riparian plantings. The restoration, enhancement, and wetland creation plans for Chabot Canal and Canal 2 are included in Appendix B of Attachment C. The planting plans for Chabot Canal and Canal 2 and associated wetlands are included in Appendix C of Attachment C. Restoration: About 60 linear feet of Chabot Canal is currently encased in a concrete-bottomed box culvert at 4th Street, which has associated concrete bibs and areas of concrete and asphalt riprap. The culvert and riprap will be completely removed and the banks and substrate of the canal will be re-contoured and planted with native vegetation. Chabot Canal restoration will also include a 180-foot extension of Chabot Canal downstream of future Horizon Parkway. Construction of the extension will require excavation and re-contouring of the 180-linear-foot canal extension to match the upstream channel invert elevation. Following construction of the extended portion, the canal will be planted with native vegetation. A total of 240 linear feet of Chabot Canal will be restored. Restoration within Canal 2 will include the removal of concrete lining and riprap from about 508 linear feet (6,812 square feet), followed by re-contouring of the banks and substrate of the canal, which will be planted with native vegetation. A total of 508 linear feet of Canal 2 will be restored. Enhancement. 1,415 linear feet of Chabot Canal and 846 linear feet of Canal 2 (includes enhancement of 77 linear feet of temporary impacts) will be enhanced, for a total of 2,184 linear Dublin Crossing, LLC - 8 - Dublin Crossing Project CWIQS Place ID No. 812873 feet of enhancement. Plans for the restoration and enhancement of Chabot Canal and Canal 2 are provided in Appendices B, C, and D in Attachment C. Enhancement of Chabot Canal includes the removal of parking lots, buildings, storage yards, chain-link fencing, and roads from about 1,700 feet along Chabot Canal to allow for the widening and recontouring of the canal banks and the establishment of a vegetated riparian zone (Appendix B in Attachment C). Enhancement also includes removing concrete footings, concrete structures, pipes, asphalt, and concrete riprap from the canal. Canal banks will be re-contoured and the canal will be widened to provide a more natural and meandering path for Chabot Canal. The low-flow channel and riparian area will be seeded with a native seed mix and planted with riparian trees and shrubs (see the Planting Plan in Appendix C of Attachment C). The planting plan for Chabot Canal includes the installation of 82 native trees and 379 native herbs and shrubs, as well as hydroseeding about 4.44 acres of the bed and banks of the canal. Riparian enhancement of Canal 2 includes removing scattered concrete and riprap from the channelized portion of the canal and creating a naturalized substrate for the implementation of the riparian planting plan. The banks of the canal will also be laid back and re-contoured to give the channel some sinuosity. The bed of the canal will be seeded with native plants that are typical of a seasonal swale. The planting plan for the onsite portion of Canal 2 includes the installation of 68 native trees and 215 native herbs and shrubs, as well as hydroseeding about 1.63 acres of the bed and banks of the channel. The planting plan for the offsite portion of Canal 2 includes the installation of 36 native trees and 144 native herbs and shrubs, as well as hydroseeding about 0.71 acre of the bed and banks of the channel. About 0.70 acre of linear seasonal wetlands will be created at the northern and southern extents of the Chabot Creek canal and along the entire onsite portion of Canal 2. The wetlands will be created on benches adjacent to the low-flow channels of the restored and enhanced canals. The surfaces of the created seasonal wetlands will be hydroseeded with a mix of native wetland and upland species. Table 3 summarizes mitigation for impacted waters of the State. Dublin Crossing, LLC - 9 - Dublin Crossing Project CWIQS Place ID No. 812873 Table 3. Mitigation for Impacts to Waters of the State Impacts Mitigation Impact Location Other Waters (Permanent Impacts) Wetlands (Permanent Impacts) Other Waters (Temporary Impacts)** Other Waters Restoration Other Waters Enhancement Wetlands Creation Dublin Crossing Project Site 1,013 LF 0.35 ac 77 LF 240 LF 2,184 LF 0.70 ac Canal 2 Crossings Area* 242 LF - - 508 LF - - Total 1,255 LF 0.35 ac 77 LF 748 LF 2,184 LF 0.70 ac * This portion of Canal 2 is offsite, but adjacent to, the Project site. ** Temporarily impacted sections of canal will be enhanced in accordance with the plans in Appendices B and C in Attachment C. The MMP includes a 5-year maintenance and monitoring program for the created wetlands and 10-year maintenance and monitoring program for the canal restoration and enhancement areas. Annual hydrologic, vegetation, and wildlife monitoring of the restored/enhanced canals and created seasonal wetlands will be conducted for a period of five years, commencing the winter following the completion of planting of the compensatory mitigation project. Vegetation surveys will be conducted in the spring of each monitoring year. These surveys will be conducted to determine the species composition and cover of the restored/enhanced features, as well as to determine the survivorship, health, and vigor of the planted native vegetation. Annual monitoring will be conducted for the first five years. Biannual monitoring of woody riparian plantings within the canals will be conducted for an additional five years (10 years total). The MMP includes performance standards that must be achieved before compensatory mitigation activities are deemed successful. These performance standards are summarized in Table 4 (Table 10 in the MMP). If at any point during the monitoring period, the vegetation or hydrology performance standards are not attained, the Applicant shall assess the reason that the performance standard(s) is not being attained and appropriate remedial actions shall be developed. Remedial actions may include, but are not limited to: additional hydroseeding, replacement plantings for dead shrubs and trees, changes in the planting palettes to remove species that are not surviving well at the Project site, modification of wetland bench elevations, and repair of erosion on channel beds or banks. If remedial actions are necessary, the monitoring and maintenance period may be extended to track the long-term success of those remedial actions. After the year-10 performance standards are attained, long-term management of the mitigation features at Chabot Canal and Canal 2 shall be managed in conformance with the Long-Term Management Plan, Dublin Crossing, 620 6th Street, Dublin, Alameda, California (LTMP) (Johnson Marigot Consulting, LLC, April 5, 2017). The LTMP establishes objectives, priorities, and tasks to monitor, manage, maintain, and report on the aquatic resources within the Dublin Crossing, LLC - 10 - Dublin Crossing Project CWIQS Place ID No. 812873 restoration and enhancement areas. Activities associated with restoration and enhancement of Chabot Canal and Canal 2 and the construction of mitigation wetlands, as well as maintenance and monitoring associated with achievement of the performance standards are the responsibility of Dublin Crossing, LLC or its successors. Following the construction of the Restoration and Enhancement Areas, ownership of the Restoration and Enhancement Areas will be transferred to the Zone 7 Water Agency (Zone 7), the public agency that will also act as the Land Manager, responsible for the management and maintenance of these areas in perpetuity. Zone 7 will simultaneously grant the Applicant a maintenance agreement to allow the Applicant access to the Restoration and Enhancement Areas as necessary to perform the maintenance, monitoring and reporting necessary to attain the final performance standards in Table 4 of this Certification and Table 10 of the MMP. The Restoration and Enhancement Areas will be encumbered with a deed restriction, recorded with the County of Alameda, to run with the land in perpetuity. The deed restriction will limit land uses and management of the Restoration and Enhancement Areas in accordance with the LTMP to ensure protection of biotic resources. An Endowment Fund shall be established to provide income to fund perpetual management, monitoring, and maintenance within the Restoration and Enhancement Areas. The Applicant shall fund this endowment and the Zone 7 shall hold and invest this endowment. California EcoAtlas: It has been determined through regional, state, and national studies that tracking of mitigation/restoration projects must be improved to better assess the performance of these projects, following monitoring periods that last several years. In addition, to effectively carry out the State’s Wetlands Conservation Policy of no net loss of wetlands, the State needs to closely track both wetland losses and mitigation/restoration project success. Therefore, we require that the applicant use the California Wetlands Form to provide Project information related to impacts and mitigation/restoration measures (see Condition No. 25 of this Certification). An electronic copy of the form and instructions can be downloaded at: http://www.waterboards.ca.gov/sanfranciscobay/certs.shtml. Project information concerning impacts and mitigation/restoration will be made available at the web link: http://www.ecoatlas.org/regions/ecoregion/bay-delta/projects. CEQA: Acting as the California Environmental Quality Act (CEQA) lead agency, the City of Dublin prepared the Dublin Crossing Specific Plan and the Dublin Crossing Specific Plan Environmental Impact Report (EIR) (State Clearinghouse Number 2012062009) in 2013. The City of Dublin filed a Notice of Determination for the EIR with the Alameda County Clerk on November 6, 2013. Water Board staff find that the Project’s impacts to the Beneficial Uses of waters of the State have been identified and mitigated to less than significant levels with the implementation of the following measures: implementation of the MMP; compliance with construction phase stormwater treatment requirements (State Water Resources Control Board Order No. 2009-0009- DWQ, as amended); implementation of on-going operation and maintenance of the stormwater treatment measures described in Attachment B to this Certification and in the O&M Manual; and compliance with the conditions of this Certification. Certification: I hereby issue an order certifying that any discharge from the referenced Project will comply with the applicable provisions of sections 301 (Effluent Limitations), 302 (Water Dublin Crossing, LLC - 11 - Dublin Crossing Project CWIQS Place ID No. 812873 Quality Related Effluent Limitations), 303 (Water Quality Standards and Implementation Plans), 306 (National Standards of Performance), and 307 (Toxic and Pretreatment Effluent Standards) of the Clean Water Act, and with other applicable requirements of State law. This discharge is also regulated under State Water Resources Control Board Order No. 2003 - 0017 - DWQ, "General Waste Discharge Requirements for Dredge and Fill Discharges That Have Received State Water Quality Certification”, which require compliance with all conditions of this Water Quality Certification. The following conditions are associated with this certification: 1. No debris, rubbish, creosote-treated wood, soil, silt, sand, cement, concrete, or washings thereof, or other construction related materials or wastes, oil or petroleum products or other organic or earthen material shall be allowed to enter into, or be placed where it may be washed by rainfall or runoff into waters of the State. Any of these materials placed within or where they may enter waters of the State by the Applicant or any party working under contract, or with the permission of the Applicant shall be removed immediately. When operations are completed, any excess material shall be removed from the work area and any areas adjacent to the work area where such material may be washed into waters of the State. During construction, the contractor shall not dump any litter or construction debris within the riparian/stream zone. All such debris and waste shall be picked up daily and properly disposed of at an appropriate site; 2. The Applicant shall adhere to the terms of the Individual Permit issued by the Army Corps of Engineers (Corps File No. SPN 2012-00103S); 3. The Applicant shall adhere to the conditions imposed by CDFW in the Streambed and Lake Alteration Agreement (Notification No. 1600-2016-0082-R3) issued for the Project. 4. Soil disturbing work within Chabot Canal and Canal 2 shall be restricted to the April 15 to October 31 dry season; 5. No equipment shall be operated in areas of flowing or standing water; no fueling, cleaning, or maintenance of vehicles or equipment shall take place within any areas where an accidental discharge to waters of the State may occur; construction materials and heavy equipment must be stored outside of creek channels and wetlands; and all earth moving work shall be performed outside of areas of flowing water or standing water; 6. The Applicant shall obtain coverage under and comply with the Statewide NPDES Construction Stormwater General Permit (State Water Resources Control Board Order No. 2009-0009-DWQ, as amended). This includes the following requirements: a. Prior to the start of the rainy season, the Applicant shall ensure that disturbed areas of waters of the State and disturbed areas that drain to waters of the State are protected with correctly-installed and –maintained erosion control measures (e.g., jute, straw, coconut fiber erosion control fabric, coir logs, etc.), and/or revegetated with propagules (seeds, cuttings, divisions) of locally collected native plants. Erosion control textiles that include plastic monofilament netting are prohibited from use at the Project site or at the mitigation sites; Dublin Crossing, LLC - 12 - Dublin Crossing Project CWIQS Place ID No. 812873 b. Where areas of bare soil are exposed during the rainy season, appropriate sediment and silt control measures shall be used where silt and/or earthen fill threaten to enter waters of the State, consistent with the requirements. Silt control structures shall be monitored for effectiveness and shall be repaired or replaced as needed. Buildup of soil behind silt fences shall be removed promptly and any breaches or undermined areas repaired at once; 7. All work performed within waters of the State shall be completed in a manner that minimizes impacts to beneficial uses and habitat; measures shall be employed to minimize disturbances along the Other Waters that may adversely impact the water quality of waters of the State. Disturbance or removal of vegetation shall not exceed the minimum necessary to complete Project implementation; 8. No later than 24 hours prior to the start of a likely rain event, the Applicant shall ensure that disturbed areas within the drainage ditches or preserved waters of the State in the Open Space shall be protected with correctly installed erosion control measures (e.g., jute, straw, coconut fiber erosion control fabric, coir logs, straw, etc.). The likely rain event is defined as any weather pattern that is forecast to have a 50% or greater probability of producing precipitation in the Project area. The Applicant shall obtain, and keep for record, a printed copy of precipitation forecast information from the National Weather Service Forecast Office (e.g., by entering the zip code of the Project’s location at http://www.srh.noaa.gov/forecast); 9. Any concrete used in the Project shall be allowed to completely cure (a minimum of 28 days) before it comes into contact with water in Chabot Canal or Canal 2. Compliance with this condition shall be demonstrated when the pH of water applied to a concrete surface is 9.5 pH units, or less; 10. Any groundwater or accumulated stormwater removed during dewatering of excavations shall not be discharged directly to waters of the State without meeting the following turbidity conditions: the turbidity of any discharged water shall not exceed 110 percent of the ambient turbidity of the receiving water, if receiving water turbidity is greater than 50 NTU; or 5 NTU above ambient turbidity, if the ambient turbidity is less than or equal to 50 NTU; 11. Any groundwater or accumulated stormwater that is discharged to waters of the State shall have a pH in the range of 6.5 to 8.5; 12. If groundwater or accumulated stormwater is discharged from the Project site, the Applicant shall monitor the turbidity of the discharged water once every 15 minutes during the startup phase of any turbidity reduction equipment and at two-hour intervals after the discharged turbidity achieves steady state levels that are in compliance with Condition 10. The pH of discharged water shall be measured daily. All required monitoring measurements shall be recorded, along with a daily estimate of the flow rate and volume of water discharged, and submitted to the Water Board within 7 days of the end of any month in which groundwater or accumulated stormwater is discharged from the Project site; 13. The Applicant is responsible for fully implementing the Storm Water Management Plan, Dublin Crossing, City of Dublin, Alameda County California (SWMP) (Ruggeri- Dublin Crossing, LLC - 13 - Dublin Crossing Project CWIQS Place ID No. 812873 Jensen-Azar, April 14, 2017). The bioretention cells, Silva Cells, and hydromodification infrastructure presented in the SWMP must be constructed and operational in the first rainy season in which new or recreated impervious surfaces are created that drain to those stormwater treatment measures, following the stabilization of soil within the drainage area tributary to the infrastructure (See Appendices C, D, E, F, and H in Attachment B). If soil in areas that discharge to the treatment infrastructure has not been stabilized prior to the first rainy season after the impervious surfaces have been created, the Applicant shall continue to provide construction stormwater management best management practices consistent with the requirements of Condition 6 until the surfaces have been stabilized and stormwater can be delivered to the post-construction treatment infrastructure. The Applicant shall ensure that these BMPs provide CWA maximum extent practicable (MEP) treatment for stormwater runoff from all new or recreated impervious surfaces at the Project site and that this treatment is consistent with the requirements of the National Pollutant Discharge Elimination System (NPDES) Municipal Regional Permit (MRP) for municipal stormwater runoff (Order No. R2-2015-0049; NPDES Permit No. CAS612008; November 11, 2015). Any changes from the stormwater infrastructure in Attachment B, including sizing, locations, or designs of stormwater management and treatment infrastructure, cannot be implemented without the prior approval of the Water Board’s Executive Officer; 14. The Home Owners Association (HOA) (referred to as the Master Association in Section 2.39 of the CC&Rs) for the Project site shall be responsible for maintaining the post-construction stormwater BMPs at the Project site in conformance with the requirements of the Operations and Maintenance Manual for the Stormwater Quality & Hydromodification Control Facilities, Dublin Crossing, Tract 8150, Dublin, California (O&M Manual) (MacKay & Somps, April 28, 2017). By September 1, 2017, the Applicant shall submit the final text of the (CC&Rs), which must be consistent with the proposed elements of the Master Declaration of Covenants, Conditions, and Restrictions of Boulevard (CC&Rs) (Little & Saputo, March 31, 2017) (See Attachment D), to the Executive Officer of the Water Board for review and approval. The CC&Rs shall detail the HOA’s responsibility for the maintenance and operation of the stormwater BMPs described in Condition 13, Attachment B, and the O&M Manual, so that these BMPs continue to provide MEP treatment of stormwater runoff. Detailed provisions for managing and maintaining the stormwater bioretention cells, Silva Cells, and hydromodification infrastructure to provide the treatment specified in Condition 13, as well as the funding mechanism for managing and maintaining the stormwater bioretention cells, shall be incorporated in the CC&Rs for the Project. The CC&Rs shall not be finalized until the Water Board’s Executive Officer has approved the proposed stormwater management provisions of the Project’s CC&Rs, including scheduled inspections, maintenance activities, and funding. The responsibility for maintenance and monitoring of the site’s post-construction stormwater treatment system shall be written into the CC&R’s and thus transferred to all future owners, into perpetuity. Enforcement of these restrictions shall be reflected in the CC&Rs of the HOA at the Project site. The sections of the CC&Rs that address operation and maintenance of the stormwater BMPs (e.g. Sections 2.65, 2.66, 3.5.9, Dublin Crossing, LLC - 14 - Dublin Crossing Project CWIQS Place ID No. 812873 3.5.12, 3.5.15, 4.4, 4.7, 4.21.3, 5.1, 5.1.8, 5.1.9, 5.3.2, 5.3.11., 5.3.12, 10.1.9, 10.1.10, and 10.2.1) may not be altered without the approval of the Water Board’s Executive Officer. Measures shall be in place to notify all occupants and potential occupants of the restrictions in the CC&Rs related to stormwater management; 15. As each phase/neighborhood of the Project is constructed, the final stormwater management plans for each phase/neighborhood shall be in conformance with the Storm Water Management Plan, Dublin Crossing, City of Dublin, Alameda County California (SWMP) (Ruggeri-Jensen-Azar, April 14, 2017) and in conformance with the Operations and Maintenance Manual for the Stormwater Quality & Hydromodification Control Facilities, Dublin Crossing, Tract 8150, Dublin, California (O&M Manual) (MacKay & Somps, April 28, 2017), including the implementation of design details for the Bio-retention and Silva Cell treatment facilities. Final storm water management plans for each phase/neighborhood shall be simultaneously: 1) submitted to the City of Dublin as the Permittee under the C.3 Provisions of the Municipal Regional Permit (MRP) for municipal stormwater runoff (Order No. R2- 2015-0049) for review and approval; and 2) submitted to the Water Board’s Executive Officer for review and approval at least 30 days prior to the projected construction date for that phase/neighborhood. The approved stormwater management plans for each phase/neighborhood shall be attached to the O&M Manual and shall be incorporated by reference into the CC&R’s through the recordation of the Stormwater Management Maintenance Agreement, as required by the City for each approved phase/neighborhood; 16. Within 30 days of the first Project-related disturbance of waters of the State, the Applicant shall provide the Executive Officer of the Water Board with written notification that the Project has disturbed waters of the State; 17. Within 30 days of completing all Project elements with impacts to waters of the State that are authorized by this Certification, the Applicant shall provide the Executive Officer of the Water Board with a Final Project Completion Report that includes: (a) the Project name; (b) the CIWQS Place ID listed at the top of this Certification; and (c) the date Project impacts to waters of the State at the Project site were completed. The Final Completion Report shall include an as-built report for the Project that documents any significant deviations between the actual extent of impacts to on-site and off-site waters of the State and the impacts authorized by this Certification and shall document the need for any such deviations. Deviations from authorized impacts shall be documented in as-built plans that shall be included with the as-built report. The as-built report shall include pre- and post-construction photographs taken from established photo-documentation stations (Condition 18), as-built plans, and a brief description of construction activities; 18. To document channel and bank conditions at the Restoration and Enhancement Areas at the Project site, the Applicant shall establish a minimum of 5 photo-documentation points along Chabot Canal and 5 photo-documentation points along Canal 2 at the Project site, including the Canal 2 Crossings portion of Canal 2. These photo- documentation sites shall be selected to document channel and bank conditions at the major Project elements in the creek channels, including the transitions from natural Dublin Crossing, LLC - 15 - Dublin Crossing Project CWIQS Place ID No. 812873 channel banks to new box culverts, and locations at which the establishment of riparian and wetland vegetation at the two canals can be tracked along the Project canal reaches. The Applicant shall prepare site maps with the photo-documentation points clearly marked. Following implementation of the Project, the Applicant shall photographically document the immediate post-construction condition of the site and submit a report to the Water Board including the post-construction photographs, and the map with the locations of the photo-documentation points. This report shall be submitted to the Water Board along with the as-built report (See Condition 17); 19. The Applicant shall implement all mitigation measures presented in the Revised Mitigation Monitoring Plan, Dublin Crossing, 620 6th Street, Dublin, Alameda, California (MMP) (Johnson Marigot Consulting, LLC, April 4, 2017), and described in the body of this Certification and in the designs in Attachment C. Mitigation for impacts to waters of the State shall be implemented within the 5.47-acre Chabot Canal Restoration and Enhancement Area, the 0.42-acre Canal 2 Restoration Area, and the 2.03-acre Canal 2 Enhancement Areas. Restoration and enhancement shall be consistent with the design plans and planting plans in Appendices B through D in Attachment C. Any changes to the mitigation presented in the MMP, including changes to the mitigation designs, planting palettes, performance criteria, maintenance activities, or monitoring activities must be submitted to the Water Board’s Executive Officer for review and approval before they are implementation; 20. The Applicant is responsible for implementing the monitoring activities described in Section 5 of the MMP. Survival of grasses and shrubs shall be monitored for five years. Monitoring of channel stability and tree survival and growth shall continue bi- annually through year 10. Monitoring shall continue until the final performance standards in the body of this Certification and Table 4 of this Certification (Table 10 of the MMP), as described in detail in Section 4 of the MMP, are attained. Success of the mitigation program shall be determined by Water Board staff. Only plants that have survived for two years without irrigation may be used to demonstrate compliance with the final vegetation performance standards in Table 4 in the body of this Certification (Table 10 of the MMP). If final performance standards are not achieved, dead plants must be replaced in kind, unless the Applicant demonstrates that the site is not conducive to survival of a plant species, in which case alternate native riparian plant species may be used, upon obtaining the approval of the Water Board’s Executive Officer. Replacement plantings must be made within one year of survival rates failing to meet the specified performance standards. Replacement shrubs and forbs shall be monitored for five years from the date of replanting, and replacement trees shall be monitored for 10 years from the date of replanting. Replacement plants are subject to the same performance criterion as the initial plantings; 21. During the initial 5-year monitoring period, the Restoration and Enhancement Areas shall be surveyed for non-native plant species that are rated as “High” risk to the health of wild lands by the California Invasive Plant Council (http://www.cal-ipc.org/paf/), and these species shall be removed. Other non-native species that are not rated “High” but are known to be invasive in the area shall also be controlled. Weed control activities may include mowing, cutting, hand-removal and/or herbicide application. Dublin Crossing, LLC - 16 - Dublin Crossing Project CWIQS Place ID No. 812873 Trash and other undesirable debris shall be removed from the mitigation area at least twice per year throughout the initial monitoring period. Weed control and debris management, including the names and quantities of any herbicides used at the Project site, shall be summarized in the monitoring report for that year (See Condition 26); 22. Following the completion of the construction of the Restoration and Enhancement Areas, ownership of the Restoration and Enhancement Areas shall be transferred to the Zone 7 Water Agency (Zone 7), the public agency that will also act as Land Manager, responsible for the management and maintenance of these areas in conformance with the requirements of the LTMP in perpetuity. Zone 7 will grant the Applicant a maintenance agreement to allow the Applicant access to the Restoration and Enhancement Areas as necessary to perform the maintenance, monitoring and reporting necessary to attain the final performance standards in Table 4 of this Certification and Table 10 of the MMP. ; 23. The Applicant shall record a Deed Restriction over the Chabot Canal Restoration and Enhancement Area, the Canal 2 Restoration and Enhancement Area, and the Crossings Restoration and Enhancement Area prior to transfer of the Chabot Canal and Canal 2 Restoration and Enhancement Area to Zone 7. The Deed Restriction shall limit land uses and management of the Restoration and Enhancement Areas to ensure protection of biotic resources. Appendix A of the Long-Term Management Plan, Dublin Crossing, 620 6th Street, Dublin California (LTMP) (Johnson Marigot Consulting, April 5, 2017) contains acceptable text for this Deed Restriction. No later than June 1, 2019, the Applicant shall record the deed restriction with Alameda County. No later than 30 days prior to filing the final Deed Restriction with Alameda County, the Applicant shall submit a copy of the final Deed Restriction, which must be consistent with the draft language included in Appendix A to the LTMP, to the Executive Officer of the Water Board for review and approval; 24. In addition to placing a Deed Restriction over the Restoration and Enhancement Areas, no later than June 1, 2019, the Applicant shall provide the Executive Officer of the Water Board with evidence of payment of $600,000 to the endowment for perpetual management and maintenance of the Restoration and Enhancement Areas no later than September 1, 2017. Zone 7 shall hold the endowment. The principal in the endowment shall generate sufficient revenue to cover the long-term management tasks described in the Long-Term Management Plan, Dublin Crossing, 620 6th Street, Dublin California (LTMP) (Johnson Marigot Consulting, April 5, 2017). Grading at the Project site shall not be performed after September 1, 2017, unless the Executive Officer of the Water Board has been provided with documentation that the endowment to support Zone 7’s implementation of the LTMP has been established and fully funded; 25. The Applicant is required to use the standard California Wetlands Form to provide Project information describing impacts and onsite mitigation measures within 14 days from the date of this Certification. An electronic copy of the form can be downloaded at: http://www.waterboards.ca.gov/sanfranciscobay/certs.shtml. The completed form shall be submitted electronically to habitatdata@waterboards.ca.gov or shall be submitted as a hard copy to both (1) the Water Board (see the address on the Dublin Crossing, LLC - 17 - Dublin Crossing Project CWIQS Place ID No. 812873 letterhead), to the attention of EcoAtlas and (2) the San Francisco Estuary Institute, 4911 Central Avenue, Richmond, CA 94804, to the attention of EcoAtlas; 26. Annual reports shall be submitted to the Water Board by January 31 following years 1, 2, 3, 4, 5, 7, 9, and 10 after Restoration and Enhancement Area construction and planting. The reports shall include information on the survival and overall condition of the plantings in the Restoration and Enhancement Areas and the stability of the creek channels of Chabot Canal and Canal 2. Reports shall summarize each year’s monitoring results, including the need for any remedial actions (e.g. re-planting or bank stabilization), and including all information specified in Section 5.2 of the MMP. Reports shall describe any maintenance activities performed in the prior year, including, but not limited to, any removal of sediment from the canals, any removal of debris from the canals, any stabilization measures implemented in the Project reaches of Chabot Canal and Canal 2, management of invasive plant species, and replanting or reseeding of vegetation. The reports shall compare data to previous years and detail progress towards meeting final performance standards in Table 4 of this Certification (Table 10 of the MMP). At the end of year 10, a comprehensive final report shall be prepared that includes summaries of the monitoring data, representative photos, and maps. Annual reports and the comprehensive final report shall include photographs from the photo-documentation points specified in Condition 18. The final report shall document if the Restoration and Enhancement Areas have attained the final performance standards. If a performance standard is not met in any of the monitoring years, or if the final success criteria are not met at the end of year 5 for grasses, shrubs, and forbs, or at the end of 10 years for trees and channel stability, the Applicant shall work with the Water Board to prepare an analysis of the cause of the failure. If deemed necessary by the Executive Officer of the Water Board, remedial actions shall be implemented, including extension of the monitoring period until the performance standards are met. Success of restoration shall be determined by Water Board staff; 27. Monitoring reports shall include an evaluation of channel geomorphology that includes an assessment of the stability of the channel banks, an assessment of any scour visible on the channel banks, an assessment of the channel thalwegs for any signs of head cuts or nick points, an assessment of bank stability at the culverted channel crossings, and an assessment of any accumulation of sediment in the Project reach. The final report shall summarize the stability of the creek thalweg and creek banks in the Chabot Canal and Canal 2 and the progress of the revegetation program. If the surveys and/or photographs indicate that the banks are unstable or that the thalweg is significantly either aggrading or incising, the Applicant shall meet with the Water Board to evaluate potential sources of the instability, and propose remedial actions. If deemed necessary by the Water Board, remedial actions shall be implemented and funded by the Applicant; 28. In accordance with CWC §13260, the Applicant shall file with the Water Board a report of any material change or proposed change in the ownership, character, location, or quantity of this waste discharge. Any proposed material change in operation shall be reported to the Water Board’s Executive Officer at least 60 days in advance of the proposed implementation of any change. This shall include, but not be limited to, all Dublin Crossing, LLC - 18 - Dublin Crossing Project CWIQS Place ID No. 812873 significant new soil disturbances, all proposed expansions of development, or any change in drainage characteristics at the Project site. For the purpose of this Order, this includes any proposed change in the boundaries of the area of wetland/waters of the State to be filled; 29. The Applicant shall provide a copy of this Certification and all conditions to all contractors and all subcontractors conducting Project work, and require that a copy of this Certification remain in their possession at the work site. The Applicant shall be responsible for work conducted by its contractors and subcontractors at the Project site; 30. The Applicant shall provide Water Board staff access to the Project site to document compliance with this Certification; 31. This certification action is subject to modification or revocation upon administrative or judicial review, including review and amendment pursuant to Section 13330 of the California Water Code (CWC) and Section 3867 of Title 23 of the California Code of Regulations (23 CCR); 32. This certification action does not apply to any discharge from any activity involving a hydroelectric facility requiring a Federal Energy Regulatory Commission (FERC) license or an amendment to a FERC license, unless the pertinent certification application was filed pursuant to California Code of Regulations (CCR) Title 23, Subsection 3855(b) and that application specifically identified that a FERC license or amendment to a FERC license for a hydroelectric facility was being sought; and 33. Certification is conditioned upon total payment of the full fee required in State regulations (23 CCR Section 3833). The total fee for this Project is $15,439, based on permanent and temporary impacts to 0.519 acres and 1,906 linear feet of waters of the State. The Water Board received payment in full on April 11, 2017, for the application fee for the Project. An annual discharge fee shall be paid to the Water Board until all of the impacts to waters of the State at the Project site that are authorized by this Certification have been implemented (See Condition 17) (Note: The Annual Active Discharge Fee may be changed by the State Board; at the time of Certification it was $720 per year). After all impacts to waters of the State at the Project site have been implemented, an Annual Post Discharge Monitoring Fee shall be paid to the Water Board until the monitoring reports required pursuant to Condition 26 have all been submitted to the Water Board (Note: The Annual Post Discharge Monitoring Fee may be changed by the State Board; at the time of Certification it was $360 per year). This certification applies to the Project as proposed in the application materials and designs referenced above in the conditions of certification. Be advised that failure to implement the Project in conformance with this certification is a violation of this water quality certification. Also, any violation of water quality certification conditions is a violation of State law and subject to administrative civil liability pursuant to CWC Section 13350. Failure to meet any condition of a certification may subject the Applicant to civil liability imposed by the Water Board to a maximum of $10,000 per day of violation or $10 for each gallon of waste discharged in violation of this action. Any requirement for a report made as a condition to this action (e.g., Conditions 12, 13, 14, 16, 17, 18, 19, 21, 24, 25, 27, 28, 29, 30, and 31) is a formal requirement pursuant to CWC Section 13267, and failure or refusal to provide, or falsification of such required report, is Dublin Crossing, LLC - 19 - Dublin Crossing Project CWIQS Place ID No. 812873 subject to civil liability as described in CWC Section 13268. Should new information come to our attention that indicates a water quality problem with this Project, the Water Board may issue Waste Discharge Requirements. Please contact Brian Wines of my staff at (510) 622-5680 or brian.wines@waterboards.ca.gov if you have any questions. All future correspondence regarding this Project should reference the Site Number indicated at the top of this letter. Sincerely, for Bruce H. Wolfe Executive Officer Attachments (Provided as Separate Files) A Location Maps, Site Figures, and Bridge Designs B: Excerpts from the Storm Water Management Plan, Dublin Crossing, City of Dublin, Alameda County California (SWMP) (Ruggeri-Jensen-Azar, April 14, 2017). C: Excerpts from the Revised Mitigation Monitoring Plan, Dublin Crossing, 620 6th Street, Dublin, Alameda, California (MMP) (Johnson Marigot Consulting, LLC, April 4, 2017). D: Proposed Requirements for Stormwater Management in the CC&R’s for the Dublin Crossing (aka Boulevard) Home Owners Association (HOA) Cc: SWRCB, DWQ, Bill Orme (Stateboard401@waterboards.ca.gov) U.S. EPA, WTR-8, Jennifer Siu (Siu.Jennifer@epa.gov) Corps, Katerina Galacatos (katerina.galacatos@usace.army.mil) CDFW, Bay Delta Region, Attn: Marcia Grefsrud (Marcia.grefsrud@wildlife.ca.gov) Cardno, Shannon Karvonen (shannon.karvonen@cardno.com) Zone 7, Carole Mahoney (cmahoney@zone7water.com) EcoAtlas (Habitat.data@waterboards.ca.gov) ATTACHMENT A Water Quality Certification for the Dublin Crossing Development Project in the City of Dublin Alameda County Location Maps, Site Figures, and Bridge Designs Dublin Crossing 5 Johnson Marigot Consulting, LLC Revised Mitigation Monitoring Plan April 2017 Figure 1. Project Site and Vicinity Map C:\sharegis\gisnt\Dublin Crossing\mxds\DublinCrossing_FedWaters_WetlandImpacts_SitePlan_22x34.mxdcanal 01 canal 01 wetlandditch 03 wetlandditch 02 seasonalwetland 01 wetlandditch 04 wetlandditch 01 canal 02 canal 01 canal 01 Parks Project Canal(Permanent Impact) Parks Project Canal(Avoided Impact) Date: 4/4/2017 Projection: Cal. Stateplane, Zone 3Datum: NAD 83 0 200 400100 Feet Bonnie Peterson, Cardno Carlos Alvarado, Cardno Preparation Date: Delineators: 6/25/2014 Revision Date: 4/4/2017 Kevin Gabel, Cardno GIS Specialist: Project Site DUBLIN CROSSING Dublin, California Figure 2. Wetlands and Waters of the U.S. Impacts Map 1 inch = 167 feet LEGEND Parks RFTA Road and Utility Improvements Project(Parks Project SPK-2004-284475) Canal 01 (0.28 ac., 1376 l.f.) Project Area (157.6 ac.) Offsite ImprovementArea Limit of Work (0.84 ac.) Parks Project Canal(Avoided Impact) canal 01 Parks Project Canal(Permanent Impact) Buffer Impacts to be Authorized: INSET MAP Gross Site Acreage: +/- 157.6ac NOTES *This exhibit depicts information and data produced in strict accord with the U.S. Army Corps of Engineers wetland delineation methods described in the 1987 Corps of Engineers Wetland Delineation Manual and conforms to specifications per the Corps Sacramento District. However, wetland boundaries have not been legally surveyed and may be subject to minor adjustments if exact locations are required. **The acreage value for each feature has been rounded to the nearest 1/100 decimal. Summation of these values may not equal the total potential Waters of the U.S. acreage reported.Outfall -121.8932, 37.7129-121.8932, 37.7129 -121.9043-121.904337.705837.7058 Offsite ImprovementRestoration Area (508 l.f.) Existing Acreage Existing Linear Feet Symbol Acreage Linear Feet Symbol Acreage Linear Feet Symbol Acreage Linear Feet Seasonal Wetland 0.24 n/a 0.24 n/a n/a n/a n/a n/a n/a n/a Wetland Drainage Ditch 0.11 574 0.11 574 n/a n/a n/a n/a n/a n/a TOTAL: 0.35 574 n/a 0.35 574 n/a n/a n/a n/a n/a n/a Canal 01 0.70 1536 0.058 121 n/a n/a n/a 0.636 1415 Parks Project Canal 0.095 732 0.057 427 n/a n/a n/a 0.038 305 Canal 02 0.090 1311 0.032 465 0.005 77 0.053 769 Canal 2 - Offsite Improvement Area n/a n/a 0.017 242 n/a n/a n/a n/a n/a n/a TOTAL: 0.885 3579 n/a 0.164 1255 n/a 0.005 77 n/a 0.727 2489 OVERALL TOTAL: 1.235 4153 n/a 0.514 1829 n/a 0.005 77 n/a 0.727 2489 Avoided Impacts Wetland Impacts USACE Jurisdictional Wetlands USACE Other Waters of the U.S. Permanent Impacts Temporary Impacts canal 02 - offsiteimprovement arealimit of work canal 02 - offsiteimprovement arealimit of work DUBLIN CROSSING Aerial Photo Source: © 2/2012 Microsoft Corporation and its data suppliersAerial Photo Source: © 2/2012 Microsoft Corporation and its data suppliers Figure 3 USGS Quadrangle Map LEGEND Project Boundary (157.6ac)C:\sharegis\gisnt\Dublin Crossing\mxds\DublinCrossing_Fig3_USGS_QuadMap_8x11.mxd Date: 4/5/20170 2,000 4,0001,000 SCALE IN FEET MapExtent Dublin Crossing 11 Johnson Marigot Consulting, LLC Revised Mitigation Monitoring Plan April 2017 Figure 3. Parks Project Canal PP 5.0' 8.0' 36.0' B B C C AASECTION A-A TRAIL/MAINT. ROADTRAIL/MAINT. ROAD EL 3332 YEAR STORM WATER SURFACE CONCRETE ABUTMENT (TYP.) PREFABRICATED FOOT BRIDGE (1.5'± THICKNESS) RUSTIC TRAIL F/LMIN.PROPOSED CHANNEL SECTION EL 3 4 0 EL 3 4 0 TO P B A N K TOP B A N K 100 YEAR STORM WATER SURFACE SECTION B-B ROAD TRAIL/MAINT. EL 3 3 2 PILES (TYP.) CONCRETE ABUTMENT (TYP.) PREFABRICATED VEHICULAR/PEDESTRIAN BRIDGE (4'± THICKNESS) PAVED PATHWAY/ MAINTENANCE ROAD 100 YEAR STORM WATER SURFACE F/L MIN.PROPOSED CHANNEL SECTION EL 3 3 8 EL 3 3 9 TO P B A N K TOP B A N K 2 YEAR STORM WATER SURFACE SECTION C-C TRAIL/MAINT. ROAD TRAIL/MAINT. ROAD EL 330100 YEAR STORM WATER SURFACE CONCRETE ABUTMENT (TYP.) PREFABRICATED FOOT BRIDGE (1.5'± THICKNESS) RUSTIC TRAIL F/LMIN.PROPOSED CHANNEL SECTION EL 3 3 6 EL 3 3 6 TO P B A N K TOP B A N K 2 YEAR STORM WATER SURFACE LEGEND: PROPOSED OUTER LIMIT OF CHANNEL BUFFER 16' PAVED TRAIL/MAINT. ROAD PROPOSED CHABOT CHANNEL PROPOSED 100-YEAR FLOOD ELEVATION RUSTIC TRAILS FLOWLINE ELEVATION F/L EL ATTACHMENT B Water Quality Certification for the Dublin Crossing Development Project in the City of Dublin Alameda County Excerpts from the Storm Water Management Plan, Dublin Crossing, City of Dublin, Alameda County California (SWMP) (Ruggeri-Jensen-Azar, April 14, 2017). Appendix B Preliminary Site Plan EVA Appendix C Bio-Retention Details Appendix D Silva Cells Details Appendix E Hydromodification Details PLAN VIEWSCALE: 3/64" = 1'-0"CDABDAABABA1ABAABAAB1AAAABADADAAAAAAAAAAAAAAADADAAAAAAAAAAAAAAADADAAAAAAAAA2AAAAAADADAAAAAAAAAAAAAAADADAAAAAAABG1BBBBBBDFDDDDDDDDD1DCABAAAAAAAAAABB7921Southpark Plaza, Suite 200 | Littleton, CO | 80120Ph: 800.579.8819 | oldcastlestormwater.comJob Name:Customer:REVISIONSDetention/InfiltrationNOTES TO REVIEWING ENGINEER:1. THIS SYSTEM IS DESIGNED TO THE PARAMETERS NOTED. PLEASE VERIFY THAT THESE PARAMETERS MEETPROJECTREQUIREMENTS (I.E. LIVE LOAD AND FILL RANGE). IF DESIGN PARAMETERS ARE INCORRECTNOTIFY OLDCASTLE IMMEDIATELY FORREDESIGN AND RE-PRICING.2. REVIEWING ENGINEER TO CONFIRM ALL PIPE PENETRATION LOCATIONS, SIZES, AND INVERTS.3. REVIEWING ENGINEER TO CONFIRM ALLMANWAY ACCESS LOCATIONS AND RIM ELEVATIONS.4. UNLESS OTHERWISE NOTED, ALL PIPE SUPPLIED AND INSTALLED BY OTHERS.5. THIS SYSTEM IS DESIGNED WITH A CONTAINMENT MEMBRANE LINER. IF A LINER IS NOT NEEDED PLEASE CONTACTOLDCASTLE TOPROVIDE THIS OPTION IN THE FINAL DESIGN.DESIGN NOTES:1. DESIGN LOADINGS:A. AASHTO HS-20-44W/ IMPACT.B. DEPTH OF COVER = 6" - 7'-0" (120 PCFASSUMED).C. ASSUMED WATER TABLE = 335.00'.D. DRY LATERAL EARTH PRESSURE (EFP) = 45 PCF USING CALTRANS 3/4" CLASS 2 BASEFOR BACKFILL (PER GEOTECH).E. LATERAL LIVE LOAD SURCHARGE = 80 PSF (APPLIED TO 8'BELOW GRADE).F. NO LATERAL SURCHARGE FROM ADJACENTBUILDINGS, WALL PIERS, OR FOUNDATIONS.2. CONCRETE 28 DAY COMPRESSIVE STRENGTH SHALLBE 6,000 PSI.3. STEEL REINFORCEMENT: REBAR, ASTM A-615 OR A-706, GRADE 60.4. CEMENT: ASTM C-150 SPECIFICATION.5. STORM CAPTURE MODULE TYPE = DETENTION.6.7. REQUIRED NATIVE ALLOWABLE SOIL BEARING PRESSURE = 2,500 PSF.8. REFERENCE STANDARDS:A. ASTM C 890B. ASTM C 891C. ASTM C 9139. ANY DESIGN CONSTRAINT DIFFERENT FROM ABOVE REQUIRES CUSTOM STRUCTURAL DESIGNAND MAY REQUIRE THICKER SUBGRADE AND REVISED PRICING.BILL OF MATERIALSSTAGE-STORAGE03/31/2017 TYPICAL ELEVATIONSCALE: 3/8" = 1'-0"7921Southpark Plaza, Suite 200 | Littleton, CO | 80120Ph: 800.579.8819 | oldcastlestormwater.comJob Name:Customer:Detention/Infiltration03/31/2017 APLAN VIEWSCALE: 1/4" = 1'-0"LIFTING DETAILN.T.S.BOTTOM MODULE LIFTING DETAILN.T.S.VIEW ASCALE: 1/4" = 1'-0"VIEW BSCALE: 1/4" = 1'-0"PERIMETER UNIT STEEL SECTIONSCALE: 1/4" = 1'-0"INTERIOR UNIT STEEL SECTIONSCALE: 1/4" = 1'-0"7921Southpark Plaza, Suite 200 | Littleton, CO | 80120Ph: 800.579.8819 | oldcastlestormwater.comJob Name:Customer:Detention/Infiltration03/31/2017 OUTLET WEIR WALLSCALE: 1/4" = 1'-0"G1MODULE G1SCALE: 1/4" = 1'-0"MODULE B1SCALE: 1/4" = 1'-0"VIEW ASCALE: 1/4" = 1'-0"7921Southpark Plaza, Suite 200 | Littleton, CO | 80120Ph: 800.579.8819 | oldcastlestormwater.comJob Name:Customer:Detention/Infiltration03/31/2017 Appendix F Concept Storm Water Management Plan Appendix G Proposed Drainage Map G:\job2008\081076\Exhibit\Proposed Drainage Map - (Figure 6).dwg, 1/23/2014 10:28:54 AM Appendix H Concept Hydromodification Plan EVA ATTACHMENT C Water Quality Certification for the Dublin Crossing Development Project in the City of Dublin Alameda County Excerpts from the Revised Mitigation Monitoring Plan, Dublin Crossing, 620 6th Street, Dublin, Alameda, California (MMP) (Johnson Marigot Consulting, LLC, April 4, 2017). Appendix B Enhancement and Restoration Plans for Chabot Canal and Canal 2 REVISIONSDATE:DRAWN BY:CHECKED BY:SCALE: AS SHOWNCARDNO JOB NO.FIGURE NO.DATENO.SEALDUBLIN CROSSINGDUBLIN, CA04080JCMKE315001900File: T:\Reno Projects\Reno Projects\E315001900 - Dublin Crossing\AutoCAD\Sheets\DUBLIN_PLAN 2.dwg Tab: CHABOT 1.0 (WHITE) oldPlot Stamp: 11/16/2016 4:35 PM - Shaun BuckmanCONCEPTPLANP1.0CHABOT CANAL CROSS SECTION A-A'FULL SIZE SCALE: H1"=10' V1"=10'LEGENDCHABOT CANAL PROPOSEDENHANCEMENT AND RESTORATION PLANPROPOSED SEASONAL WETLAND0.16 ACREAA' REVISIONSDATE:DRAWN BY:CHECKED BY:SCALE: AS SHOWNCARDNO JOB NO.FIGURE NO.DATENO.SEALDUBLIN CROSSINGDUBLIN, CA04080JCMKE315001900CHABOT CANAL PROPOSEDENHANCEMENT AND RESTORATION PLANFile: T:\Reno Projects\Reno Projects\E315001900 - Dublin Crossing\AutoCAD\Sheets\DUBLIN_PLAN 2.dwg Tab: CHABOT 1.1 (WHITE) oldPlot Stamp: 11/16/2016 4:34 PM - Shaun BuckmanCONCEPTPLANP1.1CHABOT CANAL CROSS SECTION B-B'FULL SIZE SCALE: H1"=10' V1"=10'LEGENDBB' REVISIONSDATE:DRAWN BY:CHECKED BY:SCALE: AS SHOWNCARDNO JOB NO.FIGURE NO.DATENO.SEALDUBLIN CROSSINGDUBLIN, CA02040JCMKE315001900File: T:\Reno Projects\Reno Projects\E315001900 - Dublin Crossing\AutoCAD\Sheets\DUBLIN_PLAN 2.dwg Tab: CHABOT 1.0 BPlot Stamp: 11/16/2016 4:35 PM - Shaun BuckmanCONCEPTPLANP1.2CHABOT CANAL CROSS SECTION C-C'FULL SIZE SCALE: H1"=10' V1"=10'LEGENDCHABOT CREEK PROPOSEDENHANCEMENT AND RESTORATION PLANPROPOSED SEASONAL WETLAND0.19 ACRECC' REVISIONSDATE:DRAWN BY:CHECKED BY:SCALE: AS SHOWNCARDNO JOB NO.FIGURE NO.DATENO.SEALDUBLIN CROSSINGDUBLIN, CA04080JCMKE315001900CANAL 2 PROPOSEDENHANCEMENT PLANFile: T:\Reno Projects\Reno Projects\E315001900 - Dublin Crossing\AutoCAD\Sheets\DUBLIN_PLAN 2.dwg Tab: CANAL 2 2.0 (WHITE) oldPlot Stamp: 11/16/2016 4:37 PM - Shaun BuckmanCONCEPTPLANP2.0LEGENDPROPOSED SEASONAL WETLAND0.12 ACREPROPOSED SEASONAL WETLAND0.14 ACREPROPOSED SEASONAL WETLAND0.11 ACRE0TYPICAL WETLAND GRADING SECTION A-A'N.T.S. REVISIONSDATE:DRAWN BY:CHECKED BY:SCALE: AS SHOWNCARDNO JOB NO.FIGURE NO.DATENO.SEALDUBLIN CROSSINGDUBLIN, CA04080JCMKE315001900CANAL 2 PROPOSEDRESTORATION PLANFile: T:\Reno Projects\Reno Projects\E315001900 - Dublin Crossing\AutoCAD\Sheets\DUBLIN_PLAN 2.dwg Tab: CANAL 2 2.1 (WHITE)Plot Stamp: 4/3/2017 2:41 PM - Shaun BuckmanCONCEPTPLANP2.1LEGENDNOTES:STAGE 1 - REMOVE CULVERT, RIP RAP, AND CONCRETEAS SOON AS FEASIBLE.STAGE 2 - INSTALL TREES AND SHRUBS FOLLOWINGCONSTRUCTION OF EACH NEW CROSSING.REMOVE CONCRETE1REMOVE CONCRETE1REMOVE ASPHALTAND CONCRETE1REMOVE RIP RAP1REMOVE CONCRETE1EXISTING CULVERTREMOVE ASPHALTAND CONCRETE1REMOVE CONCRETE LININGTHROUGHOUT ALLRESTORATION AREAS (TYP.)REMOVE CONCRETE LININGTHROUGHOUT ALLRESTORATION AREAS (TYP.) Appendix C Planting Plans for Chabot Canal and Canal 2 Appendix D Typical Cross-Sections of the Restored/Enhanced Canals 34 5 34 0 3 4 5 3406th Street6th StreetDavis Ave Evans Ave Fernandez Avenue 620 HQ61161061993± LF249± LFAABBCCDD846± LFFFEE305± LF1655± LF0.16±ACRESEASONALWETLAND0.19±ACRESEASONALWETLAND0.37±ACRESEASONALWETLANDS40± LF126± LFLEGEND:DUBLIN CROSSING PROJECT BOUNDARYPRESERVE AREA WITH DEED RESTRICTION (CANAL 1 = 1960± LF & 0.35± ACRE SEASONAL WETLANDS, CANAL 2 = 1354± LF & 0.37± ACRE SEASONAL WETLANDS) SECTION A-A EX. ARNOLD ROADEX.CHANNEL ZONE 7 CHANNEL ACCESS FROM ARNOLD ROAD AND 12' TRAIL/MAINT. ROAD ORDINARY HIGH WATER LINE SECTION B-B EX. ARNOLD ROADEX.CHANNEL ZONE 7 CHANNEL ACCESS FROM ARNOLD ROAD AND 12' TRAIL/MAINT. ROAD 3' RET. WALL AT EDGE OF RT. TURN LANE ROAD WIDENING ±8' ORDINARY HIGH WATER LINE SECTION C-C MINOR WIDENING ±4' ±3' RET. WALL AT EDGE OF SIDEWALK EX. CHANNEL ZONE 7 CHANNEL ACCESS FROM ARNOLD ROAD AND 12' TRAIL/MAINT. ROAD EX. ARNOLD ROADRAILING/FENCE ORDINARY HIGH WATER LINE SECTION D-D SET BACKPROPOSED (REGRADED) CANAL 2 TRAIL/MAINT. ROAD ORDINARY HIGH WATER LINE WETLAND BENCH SECTION E-ESET BACKSET BACKCITY PARK IMPROVEMENTS CITY PARK IMPROVEMENTS TRAIL/MAINT. ROADTRAIL/MAINT. ROAD ZONE 7 CHANNEL ACCESS (BOTH SIDES) ZONE 7 CHANNEL ACCESS (BOTH SIDES) PROPOSED (REGRADED) CHABOT CREEK ORDINARY HIGH WATER LINE SET BACKSECTION F-FSET BACKPROPOSED (REGRADED) CHABOT CREEK CITY PARK IMPROVEMENTS CITY PARK IMPROVEMENTS TRAIL/MAINT. ROAD TRAIL/MAINT. ROAD ZONE 7 CHANNEL ACCESS (BOTH SIDES) ZONE 7 CHANNEL ACCESS (BOTH SIDES) ORDINARY HIGH WATER LINE ATTACHMENT D Water Quality Certification for the Dublin Crossing Development Project in the City of Dublin Alameda County Proposed Requirements for Stormwater Management in the CC&R’s for the Dublin Crossing (aka Boulevard) Home Owners Association (HOA) LITTLE & SAPUTO ATTORNEYS AT LAW 1901 OLYMPIC BOULEVARD, #100 WALNUT CREEK, CA 94596-5024 (925) 944-5000 RECORDED AT THE REQUEST OF: First American Title WHEN RECORDED RETURN TO: Dublin Crossing, LLC, c/o ** MASTER DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS OF BOULEVARD A Common Interest Development 1 03/31/17 LITTLE & SAPUTO ATTORNEYS AT LAW 1901 OLYMPIC BOULEVARD, #100 WALNUT CREEK, CA 94596-5024 (925) 944-5000 MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF BOULEVARD A Common Interest Development ARTICLE I APPLICABILITY AND DISCLOSURES THIS MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF BOULEVARD (“Master Declaration”) is made by DUBLIN CROSSING, LLC, a Delaware limited liability company (“Declarant”). 1.1 PROPERTY: Declarant is the owner of the real property located in the City of Dublin, County of Alameda, State of California, described as follows: Lots 12, 13 and 14 and Parcel G, as shown on the final map of Tract 8306 filed for record on **, in Book ** of Maps at Pages ** through **, inclusive, in the Official Records of the County of Alameda, State of California. 1.2 COMMON INTEREST DEVELOPMENT: The Subject Property and the Annexable Property are being developed as a Common Interest Development which shall be a planned development as defined in California Civil Code Section 4175. In addition, Declarant intends that portions of the Project will be developed as a condominium project as defined in California Civil Code Section 4125. The Project is intended to be created in conformity with the provisions of the Davis-Stirling Common Interest Development Act (California Civil Code, Section 4000 et seq.). To establish the Project, Declarant desires to impose on the Subject Property, and any property annexed thereto, these mutually beneficial restrictions, easements, assessments and liens under a comprehensive general plan of improvement and development for the benefit of all of the Owners, the Lots, Condominiums and Common Area within the Subject Property and any property annexed thereto. The Project shall be established as a Common Interest Development upon the first conveyance of title to a Lot or Condominium subject to this Master Declaration. 1.3 APPLICABILITY OF RESTRICTIONS: Pursuant to California Civil Code Sections 4250 and 5975, Declarant hereby declares that the Project and all Improvements thereon are subject to the provisions of this Master Declaration. The Project shall be held, conveyed, hypothecated, encumbered, leased, rented, used, occupied and improved subject to the limitations, easements, uses, obligations, covenants, conditions and restrictions stated in this Master Declaration all of which are declared to be in furtherance of the plan for the subdivision, development, governance and management of the Project as a Common Interest Development. All of the limitations, easements, uses, obligations, covenants, conditions and restrictions stated in this Master Declaration shall run with the Project and shall inure to the benefit of and be binding on all Owners and all other parties having or acquiring any right, title or interest in any part of the Project. 1.4 PHASES: The Subject Property and the Annexable Property are intended to be developed in two (2) or more Phases. The first Phase consists of the Subject Property. Prior to recording a Declaration of Annexation, no portion of the Annexable Property is subject to any provision of this Master Declaration. Declarant may, but has no obligation to, annex all or any portion of the Annexable Property to the Project by recording a Declaration of Annexation in compliance with the provisions of this Master Declaration. After 2 03/31/17 LITTLE & SAPUTO ATTORNEYS AT LAW 1901 OLYMPIC BOULEVARD, #100 WALNUT CREEK, CA 94596-5024 (925) 944-5000 recordation of a Declaration of Annexation and either the conveyance of title to a Lot or Condominium described in the Declaration of Annexation or the commencement of assessments for Lots or Condominiums described in the Declaration of Annexation, whichever first occurs, the property described in the Declaration of Annexation will constitute a part of the Project and be subject to this Master Declaration. 1.5 SUBSEQUENT DEVELOPMENT: Portions of the Annexable Property may be approved by the City for different types of residential or commercial development. It is anticipated that a Declarant, one or more Master Builders or one or more Merchant Builders (with the consent of Declarant or a Master Builder) may create one or more associations or record one or more Condominium Declarations to govern different types of residential developments. In addition, a Declarant, one or more Master Builders or one or more Merchant Builders may record one or more Supplemental Declarations. The provisions of this Master Declaration shall continue to apply to all of the Property even after the recordation of any Condominium Declaration or Supplemental Declaration. 1.6 BOUNDARY MODIFICATIONS: If the boundaries of real property change as a result of one or more subsequently recorded final maps, amended final maps, parcel maps, amended parcel maps, certificates of correction, lot line adjustments and/or records of survey, then, for all purposes of this Master Declaration: 1.6.1 Added to Common Area: Property which is removed from a Lot, Unit or a Common Area parcel and added to a Common Area parcel shall thereafter be part of that Common Area parcel; 1.6.2 Added to Lot: Property which is removed from a Lot, Unit or a Common Area parcel and added to a Lot shall thereafter be part of that Lot; 1.6.3 Added to Annexable Property: Property which is added to Annexable Property shall thereafter be part of the Annexable Property; 1.6.4 Removed From Master Declaration: Property which is removed from a Lot, Unit or Common Area parcel and added to real property which is not subject to this Master Declaration shall no longer constitute a part of such Lot, Unit or Common Area and shall no longer be subject to this Master Declaration; and 1.6.5 Added to Master Declaration: Property not subject to this Master Declaration which is added to a Lot or Common Area parcel shall be part of the Lot or Common Area parcel to which it is added and shall automatically be subject to all provisions of this Master Declaration. 1.7 DISCLOSURES: The following disclosures were correct as of the date of recordation of this Declaration: 1.7.1 Public Street Parking: Parking on public streets physically located within the boundaries of the Project may be time limited or metered. 1.7.2 Recycled Water Disclosure: Recycled (non-potable) water will be provided to the Community by the Dublin San Ramon Services District (“Water District”). Recycled (non-potable) water may be used to irrigate the public park areas, parkway landscaping and other landscaped areas within the Community. In some cases, such as front yard residential landscaping for single family detached homes, the Water District may require the use of recycled water in this area. For information regarding water conservation, water quality, recycled water, and installing drought tolerant landscaping, Owners and prospective Owners may contact the Water District at 7051 Dublin Boulevard, Dublin, CA 94568, (925) 3 03/31/17 LITTLE & SAPUTO ATTORNEYS AT LAW 1901 OLYMPIC BOULEVARD, #100 WALNUT CREEK, CA 94596-5024 (925) 944-5000 ARTICLE II DEFINITIONS 828-0515. As of the date of recordation of this Declaration, the Water District has not required the installation of irrigation lines for recycled water on the single family detached Lots but this could change at any time. 1.7.3 Sterling Street: As development of the Project continues, the Sterling Street median will be closed off at El Dorado Lane. Once the median has been closed, left turn movements to/from El Dorado Lane and Sterling Street will be prohibited. The capitalized terms used in this Master Declaration which are defined in this Article shall have the meanings specified in this Article unless otherwise expressly stated or the context clearly requires a different meaning. 2.1 ADDITIONAL CHARGES: “Additional Charges” shall mean costs, fees, charges and expenditures, including without limitation, attorneys’ fees, late charges, interest and recording and filing fees actually incurred by the Master Association in collecting and/or enforcing payment of assessments, fines and/or penalties. 2.2 AGREEMENT FOR LONG TERM ENCROACHMENT: “Agreement for Long Term Encroachment” shall mean the document entitled “**” dated ** entered into between Declarant and the City and includes all subsequently adopted amendments thereto. In the event that more than one such document is entered into between Declarant and the City relating to the Project, then all such documents shall be included by any reference in this Declaration to the Agreement for Long Term Encroachment. 2.3 ALTERATION: “Alteration” shall mean constructing, performing, installing, remodeling, repairing, replacing, demolishing and/or changing any Improvement or changing the color, tone, intensity, shade or hue of any Improvement. 2.4 ANNEXABLE PROPERTY: “Annexable Property” shall mean (a) all of the real property shown on the Map, excluding the Subject Property, and (b) all of the real property described on Exhibit “A”. 2.5 ARCHITECTURAL STANDARDS: “Architectural Standards” shall mean the portion of the Operating Rules which specifically address architectural and aesthetic matters. There may be multiple sets of Architectural Standards, each of which applies to different Lots or Condominiums. 2.6 ARTICLES: “Articles” shall mean the Articles of Incorporation of Boulevard Master Owners Association, which are or shall be filed in the Office of the Secretary of State of the State of California. 2.7 BIO-RETENTION FACILITIES: “Bio-Retention Facilities” shall mean the soil and landscaped based filtration systems and silva cells, irrespective of where a Bio-Retention Facility is located. “Bio Retention Facilities” shall also mean any facilities which are designated as such in a Declaration of Annexation. 2.8 BOARD: “Board” shall mean the Board of Directors of the Master Association. 2.9 BUDGET: “Budget” shall mean a pro forma operating budget prepared by the Board in accordance with Section 6.7 (Budget Preparation). 4 03/31/17 LITTLE & SAPUTO ATTORNEYS AT LAW 1901 OLYMPIC BOULEVARD, #100 WALNUT CREEK, CA 94596-5024 (925) 944-5000 2.10 BYLAWS: “Bylaws” shall mean the Bylaws of the Master Association and any amendments thereto. 2.11 CITY: “City” shall mean the City of Dublin, California. 2.12 COMMERCIAL LOT: “Commercial Lot” shall mean each portion of Commercial Property described as a Commercial Lot in a Declaration of Annexation. A Commercial Lot may be a Unit as shown on a Condominium Plan. Commercial Lots are not Lots as defined in Section 2.34 (Lot), except for purposes of voting (as provided in Article IV of the Bylaws [Membership and Voting]) and the levying and paying of assessments (as provided in Article VI [Funds and Assessments]). 2.13 COMMERCIAL PROPERTY: “Commercial Property” shall mean any property described as “Commercial Property” in a Declaration of Annexation which is developed for commercial, retail or office purposes. 2.14 COMMON AREA: “Common Area” shall mean Parcel G, as shown on the Map, and Condominium Common Area. “Common Area” shall also mean any property described as Common Area or Condominium Common Area in a Declaration of Annexation and any real property estate or interest owned by the Master Association. Common Area includes all Improvements situated thereon or therein. All Common Area shall be divided into Project Common Area and Condominium Common Area; however, any reference in the Project Documents to Common Area shall include Project Common Area and Condominium Common Area unless otherwise specified. 2.15 CONDOMINIUM: “Condominium” shall mean an estate in real property consisting of an undivided interest in common in a portion of a Condominium Lot, a fee interest in a Unit and easements in portions of the Project as provided in a Condominium Declaration. 2.16 CONDOMINIUM ASSOCIATION: “Condominium Association” shall mean an association as that term is defined in California Civil Code Section 4080 created (subsequent, and subject to, the recording of this Master Declaration) to govern the maintenance and ownership of Condominiums and Condominium Buildings. 2.17 CONDOMINIUM BUILDING: “Condominium Building” shall mean a residential building situated within a Condominium Lot, including the foundation, roof, gutters, downspouts and exterior of the residential building and all Improvements thereof excluding those Improvements which this Master Declaration or a Condominium Declaration requires an Owner to Maintain. 2.18 CONDOMINIUM COMMON AREA: “Condominium Common Area” shall mean a Condominium Lot and all Improvements thereon, excluding any Condominium Building within that Condominium Lot and excluding all Improvements thereon which are part of a Unit, irrespective of who owns the Condominium Common Area. 2.19 CONDOMINIUM DECLARATION: “Condominium Declaration” shall mean a Declaration, as defined in California Civil Code Section 4135, created (subsequent, and subject to, the recording of this Master Declaration) to govern the maintenance and ownership of Condominiums and Condominium Buildings. No Condominium Declaration may be recorded without the written consent of Declarant or a Master Builder. 5 03/31/17 LITTLE & SAPUTO ATTORNEYS AT LAW 1901 OLYMPIC BOULEVARD, #100 WALNUT CREEK, CA 94596-5024 (925) 944-5000 2.20 CONDOMINIUM LOT: “Condominium Lot” shall mean Lots 12, 13 and 14, as shown on the Map. “Condominium Lot” shall also mean any parcel of property described as a Condominium Lot in a Declaration of Annexation. Condominium Lots are not Lots as defined in Section 2.34 (Lot). 2.21 CONDOMINIUM PLAN: “Condominium Plan” shall mean the condominium plan prepared in accordance with California Civil Code Section 4285 and recorded on ** as ** in the Official Records of the County, including any subsequently recorded amendments thereto. “Condominium Plan” shall also mean a condominium plan prepared in accordance with California Civil Code Section 4285 and described in a Declaration of Annexation, including any subsequently recorded amendments thereto. 2.22 COST CENTER: “Cost Center” shall mean a group of Lots or Condominiums designated in this Master Declaration or in one or more Declarations of Annexation as a Cost Center for the purposes of allocating assessments to operate and Maintain Improvements or provide services which are intended for the benefit of a specific group of Lots, Condominiums or Commercial Lots. Each Cost Center shall have an identifying name that distinguishes it from all other Cost Centers. Any Declaration of Annexation which designates a Cost Center shall set forth those operating costs to be incurred by the Master Association and reserve contributions to be paid to the Master Association which are to be allocated to that Cost Center as Cost Center Expenses. A Declaration of Annexation may also add additional Lots, Condominiums or Commercial Lots to one or more Cost Centers established by this Declaration or a previously recorded Declaration of Annexation. 2.23 COST CENTER EXECUTIVE COMMITTEE: “Cost Center Executive Committee” shall mean an executive committee established in a Declaration of Annexation and appointed pursuant to Section 3.6 of the Bylaws (Cost Center Executive Committees). 2.24 COST CENTER EXPENSES: “Cost Center Expenses” shall mean the operating costs incurred by the Master Association and reserve contributions paid to the Master Association to (a) operate and Maintain Common Area or specific Improvements on Common Area, Condominium Lots or Lots for the primary benefit of the Condominiums, Lots, Commercial Lots or Common Area in a Cost Center, including insurance or other incidental non-segregated expenses, incurred by the Master Association and/or (b) perform additional services or a higher level of services as provided in a Declaration of Annexation or as requested by the Owners of a majority of Lots, Condominiums or Commercial Lots within the Cost Center. 2.25 COST CENTER IMPROVEMENTS: “Cost Center Improvements” shall mean the Improvements whose costs of operation and maintenance (including any reserves) are to be funded solely through a Cost Center. 2.26 COUNTY: “County” shall mean the County of Alameda, State of California. 2.27 DECLARANT: “Declarant” shall mean Dublin Crossing, LLC, a Delaware limited liability company. “Declarant” shall also mean any person or entity if (i) a notice signed by Declarant and such person or entity has been recorded in the County in which the Declarant transfers to such person or entity and that person or entity assumes the rights and duties of Declarant to some portion of the Subject Property or the Annexable Property, or (ii) such person or entity acquires all of the Subject Property and all of the Annexable Property then owned by a Declarant which must be more than one (1) Lot, Condominium, Condominium Lot or Commercial Lot. There may be more than one Declarant at any given time and each Declarant shall have the right to exercise the rights of Declarant applicable to the portions of the Project or Annexable Property owned by that Declarant; provided, however, the rights of a Declarant designated in a notice, as provided in (i) above, shall be subject to any provisions or limitations or allocations of rights and duties set forth in that 6 03/31/17 LITTLE & SAPUTO ATTORNEYS AT LAW 1901 OLYMPIC BOULEVARD, #100 WALNUT CREEK, CA 94596-5024 (925) 944-5000 notice; any such notice may provide that certain of the rights of Declarant are not transferred but are reserved by the transferor. 2.28 DECLARATION OF ANNEXATION: “Declaration of Annexation” shall mean any instrument recorded in the County which extends the provisions of this Declaration to all or a portion of the Annexable Property or any other property and includes any subsequently recorded amendments. 2.29 ELECTRIC VEHICLE CHARGING STATION: “Electric Vehicle Charging Station” shall mean a charging station for electric motor vehicles, as further defined in California Civil Code Section 4745(d). 2.30 FIRST MORTGAGE: “First Mortgage” shall mean a Mortgage which has priority under the recording statutes of the State of California over all other Mortgages encumbering a specific Lot or Condominium. 2.31 FIRST MORTGAGEE: “First Mortgagee” shall mean the Mortgagee of a First Mortgage. “First Mortgagee” shall also include an insurer or governmental guarantor of a First Mortgage including, without limitation, the Federal Housing Authority and the Department of Veterans Affairs. 2.32 IMPROVEMENTS: “Improvements” shall mean everything constructed, installed or planted on real property, including without limitation, buildings, streets, fences, walls, paving, pipes, wires, grading, landscaping and other works of improvement as defined in California Civil Code Section 8050, excluding only those Improvements or portions thereof which are dedicated to the public or a public or quasi-public entity or utility company, and accepted for maintenance by the public, such entity or utility company. 2.33 INVITEE: “Invitee” shall mean any person whose presence within the Project is approved by or is at the request of the Master Association or a particular Owner, including, but not limited to, lessees, tenants, and the family, guests, employees, licensees or invitees of Owners, tenants or lessees. 2.34 LOT: “Lot” refers to a Separate Interest as defined in California Civil Code Section 4185 and shall mean any Lot described as such in a Declaration of Annexation. Lot includes all Improvements situated thereon or therein. Lots may be grouped into Cost Centers for the purposes of allocating assessments for services which differ among Lots. Condominium Lots and Commercial Lots are not Lots. 2.35 MAINTAIN: “Maintain” or “Maintained” (but not the word “maintenance”) shall mean taking all actions reasonably necessary to keep an Improvement in first-class condition and repair, which actions include but are not limited to regular inspections, painting, maintenance, refinishing, repairing, replacing and reconstructing the Improvement, and in the case of landscaping, irrigating and fertilizing the landscaping. The Owners and the Master Association shall have no responsibility to Maintain any Improvement Maintained by a third party or the public or a quasi-public entity or utility company even if the third party or the public or a quasi-public entity or utility company fails to perform all actions required by this Section. 2.36 MAINTENANCE MANUAL: “Maintenance Manual” shall mean the Master Association Maintenance Manual and the Owner Maintenance Manual, unless otherwise provided. 2.36.1 Master Association Maintenance Manual: “Master Association Maintenance Manual” shall mean the documents which establish procedures, practices, specifications, scopes and intervals for the Master Association to Maintain the Improvements for which the Master Association is responsible. The Master Association Maintenance Manual applicable to the Common Area in a Phase of the Project shall 7 03/31/17 LITTLE & SAPUTO ATTORNEYS AT LAW 1901 OLYMPIC BOULEVARD, #100 WALNUT CREEK, CA 94596-5024 (925) 944-5000 be provided to the Master Association by the Declarant, Master Builder or Merchant Builder conveying that Common Area to the Master Association no later than the time that the Master Association commences to Maintain the Improvements within the Common Area in that Phase. There may be more than one (1) Master Association Maintenance Manual at any given time, each of which applies to different Improvements and/or different Phases of the Project. 2.36.2 Owner Maintenance Manual: “Owner Maintenance Manual” shall mean the documents which establish procedures, practices, specifications, scopes and intervals for an Owner to Maintain the Improvements for which the Owner is responsible. The Owner Maintenance Manual applicable to each Lot shall be provided to the original purchaser of that Lot no later than the time of conveyance of that Lot to the purchaser. The Owner Maintenance Manual applicable to each Condominium shall be provided to the original purchaser of that Condominium in accordance with any requirements set forth in the Condominium Declaration which governs that Condominium. Different Lots and Condominiums may be subject to different Owner Maintenance Manuals. 2.37 MAINTENANCE RESPONSIBILITY EXHIBIT: “Maintenance Responsibility Exhibit” shall mean the document which depicts areas or Improvements which may be within or outside the Project and which are to Maintained by the Master Association. A Declaration of Annexation may include a modified Maintenance Responsibility Exhibit; provided, however, unless the modified Maintenance Responsibility Exhibit Plat is reviewed and approved by the Board, the modifications shall only apply to the real property described in the Declaration of Annexation and other portions of the Annexable Property which have not then been annexed. The initial Maintenance Responsibility Exhibit is attached as “Exhibit “B” to this Master Declaration. 2.38 MAP: “Map” shall mean the final map of Tract 8306, filed for record on **, in Book ** of Maps at Pages ** through **, inclusive, in the Official Records of the County, including any subsequently recorded final maps, amended final maps, parcel maps, certificates of correction, lot line adjustments and/or records of survey. “Map” shall also mean any recorded final map described in a Declaration of Annexation including any subsequently recorded amended final maps, parcel maps, certificates of correction, lot line adjustments and/or records of survey. 2.39 MASTER ASSOCIATION: “Master Association” shall mean Boulevard Master Owners Association, its successors and assigns, a nonprofit mutual benefit corporation incorporated under the laws of the State of California. 2.40 MASTER ASSOCIATION MAINTENANCE AREA: “Master Association Maintenance Area” shall mean Unenclosed Lot Maintenance Area as well as the Bio-Retention Facilities and the Public Rights of Way Landscaping. “Master Association Maintenance Area” shall also mean any property described as Master Association Maintenance Area in a Declaration of Annexation. 2.41 MASTER BUILDER: “Master Builder” shall mean CalAtlantic Group, Inc., a Delaware corporation, and Brookfield Bay Area Holdings LLC, a Delaware limited liability company. Each entity shall be a Master Builder only with respect to the portions of the Project owned by that entity. “Master Builder” shall also mean an Owner who is designated as a Master Builder by Declarant in a Declaration of Annexation or other writing delivered to the Master Association but only with respect to the portions of the Project owned by that entity. A Master Builder may also be a Declarant, if the provisions of Section 2.27 (Declarant) are satisfied. 2.42 MASTER DECLARATION: “Master Declaration” shall mean this Master Declaration of Covenants, Conditions and Restrictions of Boulevard and includes any subsequently recorded amendments. 8 03/31/17 LITTLE & SAPUTO ATTORNEYS AT LAW 1901 OLYMPIC BOULEVARD, #100 WALNUT CREEK, CA 94596-5024 (925) 944-5000 2.43 MEMBER: “Member” shall mean an Owner. 2.44 MERCHANT BUILDER: “Merchant Builder” shall mean an Owner who is designated as a Merchant Builder by a Declarant or a Master Builder in a Declaration of Annexation or other writing delivered to the Master Association but only with respect to the portions of the Project owned by that entity. 2.45 MORTGAGE: “Mortgage” shall mean any duly recorded mortgage or deed of trust encumbering a Lot or Condominium. 2.46 MORTGAGEE: “Mortgagee” shall mean a Mortgagee under a Mortgage as well as a beneficiary under a deed of trust. 2.47 NOTICE AND HEARING: “Notice and Hearing” shall mean the procedure which gives an Owner notice of an alleged violation of the Project Documents and the opportunity for a hearing before the Board. 2.48 OPERATING RULES: “Operating Rules” shall mean the rules adopted by the Board, including Architectural Standards. 2.49 OWNER: “Owner” shall mean the holder of record fee title to a Lot, Condominium or Commercial Lot, including Declarant as to each Lot, Condominium or Commercial Lot owned by Declarant, Master Builder, as to each Lot, Condominium or Commercial Lot owned by Master Builder and Merchant Builder as to each Lot, Condominium or Commercial Lot owned by Merchant Builder. If more than one person owns a single Lot, Condominium or Commercial Lot, “Owner” shall mean all owners of that Lot, Condominium or Commercial Lot. “Owner” shall also mean a contract purchaser (vendee) under an installment land contract but shall exclude the contract vendor and any person having an interest in a Lot, Condominium or Commercial Lot merely as security for performance of an obligation. 2.50 PARTY FENCE: “Party Fence” shall mean any portion of a fence or wall which is constructed and placed so as to physically separate two (2) adjoining Lots, whether the fence or wall is situated approximately along a common Lot boundary or a Yard Easement boundary. 2.51 PHASE: “Phase” shall mean any Lots, Condominium Lots, Commercial Lots and/or Common Area which are simultaneously made subject to the provisions of this Master Declaration either by recording this Master Declaration or by recording a Declaration of Annexation. More than one Phase may be established in any Declaration of Annexation. 2.52 PROJECT: “Project” shall mean the Subject Property and any property described in a Declaration of Annexation. 2.53 PROJECT COMMON AREA: “Project Common Area” shall mean Parcel G, as shown on the Map, and all Improvements thereon. “Project Common Area” shall also mean that portion of any property described as Project Common Area in a Declaration of Annexation. 2.54 PROJECT DOCUMENTS: “Project Documents” shall mean the Articles, Bylaws, this Master Declaration and the Operating Rules. 2.55 PUBLIC PURCHASER: “Public Purchaser” shall mean an Owner of a Lot, Condominium or Commercial Lot who is not a Declarant, a Master Builder or a Merchant Builder. 9 03/31/17 LITTLE & SAPUTO ATTORNEYS AT LAW 1901 OLYMPIC BOULEVARD, #100 WALNUT CREEK, CA 94596-5024 (925) 944-5000 2.56 PUBLIC REPORT: “Public Report” shall mean a Final Subdivision Public Report issued by the Bureau of Real Estate of the State of California for one or more Phases of the Project. 2.57 PUBLIC RIGHTS OF WAY LANDSCAPING: “Public Rights of Way Landscaping” shall mean the landscaping, pavers, decorative pavement and other Improvements, such as benches, walls and portals, located within those portions of public rights of way in and adjacent to the Project which are designated as “Public Street Parkway - HOA Maintained” on the Maintenance Responsibility Exhibit and subject to the Agreement for Long Term Encroachment. “Public Rights of Way Landscaping” shall also mean any portion of a public right of way in and adjacent to the Project which are designated as such in a Declaration of Annexation. 2.58 RECREATION FACILITIES: “Recreation Facilities” shall mean the community recreation facility to be constructed on a parcel of real property to be annexed to the Project which will include a recreation building, swimming pool and other related Improvements and is intended for the benefit of the Master Association to serve the Owners. 2.59 RESIDENCE: “Residence” shall mean a dwelling situated on a Lot, including any garage also situated on a Lot, and any Unit, including portions of a Condominium Building which are appurtenant exclusively to that Unit pursuant to the terms of a Condominium Declaration. 2.60 RESTORE: “Restore” shall mean repairing, rebuilding or reconstructing a damaged Improvement to substantially the same condition and appearance in which it existed prior to being damaged. 2.61 SHARED DRIVEWAY: “Shared Driveway” shall mean those portions of each Lot which are shown on a Map as “Private Driveway Easement”. The term “Shared Driveway” shall also mean any property described as such in a Declaration of Annexation. The approximate dimensions of each Shared Driveway are shown on the Map; however, the actual boundaries of the Shared Driveway extend from the curb or edge of pavement on one side of the Shared Driveway to the curb or edge of pavement on the other side of the Shared Driveway and include the Shared Driveway aprons up to the garage doors. Each Shared Driveway includes the entire driveway surface and all utilities, storm drainage and other Improvements within the Shared Driveway which (i) serve more than one (1) Lot and (ii) are not publicly Maintained. 2.62 SOLAR COLLECTOR: “Solar Collector” shall mean a solar collector as defined in California Public Resources Code Section 25981. 2.63 SOLAR RIGHTS ACT: “Solar Rights Act” shall mean California Civil Code Sections 714 et seq., and any successor statutes. 2.64 SOLAR SHADE CONTROL ACT: “Solar Shade Control Act” shall mean California Public Resources Code Sections 25980 et seq., and any successor statutes. 2.65 STORMWATER IMPROVEMENTS: “Stormwater Improvements” shall mean all Stormwater Treatment Measures, Flow Duration Controls, Full Trash Capture Devices and other stormwater improvements described and governed by the Stormwater Management Maintenance Agreement, irrespective of where a Stormwater Improvement is located. “Stormwater Improvements” include hydromodification detention basins situated within the Common Area or Master Association Maintenance Area, but they do not include any storm water improvements or portions thereof which are dedicated to the public or a public or quasi-public entity or utility company, and accepted for maintenance by the public, such entity or utility company, or any stormwater improvements which are maintained by a Geologic Hazard Abatement District. 10 03/31/17 LITTLE & SAPUTO ATTORNEYS AT LAW 1901 OLYMPIC BOULEVARD, #100 WALNUT CREEK, CA 94596-5024 (925) 944-5000 2.66 STORMWATER MANAGEMENT MAINTENANCE AGREEMENT: “Stormwater Management Maintenance Agreement” shall mean the Stormwater Management Maintenance Agreement recorded on January 19, 2016, as Series No. 2016-012283, in the Official Records of the County Recorder, including any amendments or modifications thereto approved by the City. It is intended that Stormwater Management Maintenance Agreements will be entered into by and between Declarant and the City for each Map which is recorded and such agreements shall collectively be Stormwater Management Maintenance Agreements as defined in this Section. 2.67 SUBJECT PROPERTY: “Subject Property” shall mean the real property described in Section 1.1 (Property) and all Improvements thereon. 2.68 SUPPLEMENTAL DECLARATION: “Supplemental Declaration” shall mean a declaration of covenants and restrictions, other than this Master Declaration, recorded by Declarant, a Master Builder or a Merchant Builder which encumbers a portion of the Project. 2.69 UNENCLOSED LOT MAINTENANCE AREA: “Unenclosed Lot Maintenance Area” shall mean the unenclosed portions of a Lot. Each Unenclosed Lot Maintenance Area includes all landscaping within the Unenclosed Lot Maintenance Area and the landscape irrigation systems and components which irrigate such landscaping, including wiring, automatic valves, controllers and timers, wherever located. 2.70 UNIT: “Unit” refers to a Separate Interest as defined in California Civil Code Section 4185 and shall mean each portion of the Project which is defined in a Condominium Declaration as a Unit. 2.71 VISIBLE: “Visible” shall mean the item described can be seen by a six (6) foot tall person standing on the described area, or if no area is described, on any portion of the street which provides access to the Residence. 2.72 YARD: “Yard” shall mean the enclosed portions of a Lot and includes any Yard Easement which is appurtenant to the Lot, but excludes any portion of that Lot which is subject to a Yard Easement for the benefit of the abutting Lot. Yard includes all Improvements situated thereon or therein. 2.73 YARD EASEMENT: “Yard Easement” shall mean those portions of a Lot (or Common Area) which are described or depicted as “**” in one or more of the following locations: (a) on the Map, (b) on Exhibit “C” attached to this Master Declaration, (c) in a Declaration of Annexation or (d) in the initial grant deed to one or more individual Lots which conveys those Lots to the initial Public Purchaser of that Lot. If a Yard Easement is described or depicted in more than one location, the Yard Easement described or depicted in the most recently recorded of such documents shall be the Yard Easement for all purposes of this Master Declaration. Yard Easement includes all Improvements situated thereon or therein. 2.74 ZONE 7 RESTRICTED AREA: “Zone 7 Restricted Area” shall mean the real property which is subject to the Covenants and Deed Restriction between Declarant and Alameda County Water Conservation and Flood Control District, Zone 7, and other parties, which restricts use, access and development of the portions of Chabot Creek generally located north and west of Tract 8150, and the portion of Canal 2 (aka “Line G–2”) which runs along Arnold Road along the eastern boundary of the overall Boulevard community and continues southwesterly through the overall Boulevard community towards the intersection of Iron Horse Parkway and Dublin Boulevard. The Zone 7 Restricted Area is described and depicted in the Covenants and Deed Restriction. 11 03/31/17 LITTLE & SAPUTO ATTORNEYS AT LAW 1901 OLYMPIC BOULEVARD, #100 WALNUT CREEK, CA 94596-5024 (925) 944-5000 ARTICLE III OWNERSHIP AND EASEMENTS 3.1 NON-SEVERABILITY: The interest of each Owner in the use and benefit of the Common Area shall be appurtenant to the Lot, Condominium or Commercial Lot owned by that Owner. Any conveyance of any Lot, Condominium or Commercial Lot shall automatically transfer the right to use the Common Area without the necessity of express reference in the instrument of conveyance. The ownership interests in the Common Area, Condominium Lots, Commercial Lots, Lots and Units described in this Article are subject to the easements described, granted and reserved in this Master Declaration. Each of the easements described, granted or reserved herein shall be established upon the recordation of this Master Declaration and shall be enforceable as equitable servitudes and covenants running with the land for the use and benefit of the Owners and their Lots, Condominiums or Commercial Lots superior to all other encumbrances applied against or in favor of any portion of the Project. 3.2 OWNERSHIP OF LOTS, CONDOMINIUMS AND COMMERCIAL LOTS: Title to each Lot, Condominium or Commercial Lot in the Project shall be conveyed in fee to an Owner. 3.3 OWNERSHIP OF COMMON AREA: Title to or a legal ownership interest in the Project Common Area in each Phase shall be conveyed to the Master Association prior to or concurrently with the conveyance of the first Lot in that particular Phase to an Owner. Title to or a legal ownership interest in the Condominium Lot in each Phase shall be owned and conveyed as set forth in the Condominium Declaration which governs that Condominium Lot. The Master Association shall be deemed to have accepted the Common Area in each Phase when assessments for the Phase in which that Common Area is located have commenced. 3.4 OWNERSHIP OF PARTY FENCES: Each Owner of a Lot upon which a Party Fence is situated shall own that portion of the fence or wall from the surface which faces the Owner’s Lot up to the center of the Party Fence. 3.5 EASEMENTS: The easements and rights specified in this Article are hereby created and shall exist whether or not they are also set forth in individual grant deeds to Lots, Condominiums or Commercial Lots. By reference to this Master Declaration, each grant deed to a Lot, Condominium or Commercial Lot shall be deemed to be conveyed with the benefit of and subject to all applicable easements set forth in this Section. 3.5.1 Adjoining Property: Declarant shall have, and hereby expressly reserves, a right and easement over and across the Common Area for the purposes of reasonable ingress to and egress from, over and across the Project, including private roads and pathways, to the Annexable Property until all of the Annexable Property is annexed to the Project. Declarant hereby expressly grants to Master and Merchant Builders and Master and Merchant Builders hereby reserve a right and easement over and across the Common Area for the purposes of reasonable ingress to and egress from, over and across the Project, including private roads and pathways, to the Annexable Property until all of the Annexable Property is annexed to the Project. 3.5.2 Annexation of Annexable Property: Upon the recordation of a Declaration of Annexation, the Lots, Condominiums and Commercial Lots and the Owners of Lots, Condominiums and Commercial Lots in the annexed Phase shall have all of the rights and easements specified in this Article and the Lots, Condominiums and Commercial Lots and the Owners of Lots, Condominiums and Commercial Lots 12 03/31/17 LITTLE & SAPUTO ATTORNEYS AT LAW 1901 OLYMPIC BOULEVARD, #100 WALNUT CREEK, CA 94596-5024 (925) 944-5000 in the Project prior to annexation shall have all of the easements specified in this Article as though the annexed Phase were initially part of the Project. 3.5.3 Master Association: The Master Association and its duly authorized agents and representatives shall have a non-exclusive right and easement as is necessary or appropriate to perform the duties and obligations of the Master Association set forth in the Project Documents, including the right to enter upon Lots, Condominium Lots and Commercial Lots, subject to the limitations contained in this Master Declaration. 3.5.4 Common Area: Every Owner shall have a non-exclusive right and easement for the ingress, egress, use and enjoyment of all Common Area, subject to the Operating Rules, which shall be appurtenant to and shall pass with the title to every Lot, Condominium and Commercial Lot, subject to the following provisions: (a) The right of the Board, after Notice and Hearing, to suspend an Owner’s right to use the Recreation Facilities or any other recreational facilities; (b) The right of the Master Association to grant, convey and dedicate fee title to or easements over all or any portion of the Common Area; and (c) Any easement which affects the Common Area, including easements conveyed to Owners over Condominium Common Area pursuant to a Condominium Declaration, or which is set forth in the deed which conveys Common Area to the Master Association. (d) A Declaration of Annexation which establishes a Cost Center may identify areas or Improvements which are intended to be used solely by the Lots, Condominiums and Commercial Lots within that Cost Center and Owners who are not within that Cost Center shall have no right to ingress, egress, use or enjoyment of such areas or Improvements. 3.5.5 Encroachment: Non-exclusive rights and easements are reserved and granted (i) for the benefit of each Lot and Condominium Lot, as dominant tenement, over, under and across each other Lot, Condominium Lot and the Common Area, as servient tenements, and (ii) for the benefit of the Common Area and Condominium Lot, as dominant tenement, over, under and across each Condominium Lot and Lot, as servient tenement. Such easements shall be for the purposes of encroachment, support, occupancy and use of such portions of Lots, Condominium Lots and/or Common Area as shall be encroached upon, used and occupied by the dominant tenement as a result of any original construction design, accretion, erosion, deterioration, decay, errors in original construction, movement, settlement, shifting or subsidence of any building or structure or any portion thereof. If any portion of the Project is partially or totally destroyed, the encroachment easement shall exist for any replacement structure which is rebuilt pursuant to the original construction design. The easement for the encroaching Improvement shall exist for as long as the encroachment exists, provided that no easement for encroachment shall be created due to the willful misconduct of the Master Association or any Owner. Any easement for encroachment may but need not be cured by Alteration of the Improvement. 3.5.6 Governmental Entities: All governmental and quasi-governmental entities, agencies and utilities and their agents shall have a non-exclusive easement over the Common Area for the purposes of performing their duties within the Project. 13 03/31/17 LITTLE & SAPUTO ATTORNEYS AT LAW 1901 OLYMPIC BOULEVARD, #100 WALNUT CREEK, CA 94596-5024 (925) 944-5000 3.5.7 Mailboxes: Each Owner shall have a non-exclusive easement to use the mailbox for that Owner’s Lot, Condominium or Commercial Lot over those portions of the Project on which the mailbox is located. 3.5.8 Map: The Common Area, Condominium Lots, Commercial Lots and Lots are subject to all easements and rights of way shown on the Map. 3.5.9 Master Association Maintenance Areas: The Master Association shall have a non- exclusive easement over the Master Association Maintenance Areas to perform the obligations imposed on it by this Master Declaration. 3.5.10 Party Fences: Each Owner of a Lot containing a Party Fence shall have a reciprocal non-exclusive easement over and across such portions of the contiguous Lot as are necessary to Maintain the Party Fence. 3.5.11 Right of Entry to Inspect: Declarant hereby reserves for itself, and for its agents, employees, contractors, and/or subcontractors (collectively, “Declarant Parties”), the right to enter in and upon the Common Area for the purposes of performing an annual inspection of the Common Area and Improvements thereon. Declarant hereby grants to Master and Merchant Builders, their respective agents, employees, contractors, and subcontractors and Master and Merchant Builders hereby reserve for themselves, their respective agents, employees, contractors, and/or subcontractors (collectively, “Builder Parties”), the right to enter in and upon the Common Area which they improved for the purposes of performing an annual inspection of such Common Area and Improvements thereon. The purpose of any inspection shall be to ascertain the condition of Common Area Improvements. Declarant Parties or Builder Parties shall give the Master Association reasonable advance written notice of the date and time of any inspection. During the inspection, the Master Association shall provide access to the interiors of any Common Area structures. After completing any inspection, Declarant Parties or Builder Parties may give the Master Association a written report which describes the results of the inspection and makes recommendations for action that Declarant Parties believe is appropriate for the Master Association to take to Maintain Improvements for which the Master Association is responsible. These rights of entry shall exist until the date which is eleven (11) years following the date of completion of the Common Area in the last Phase of the Project. 3.5.12 Right of Entry to Perform Work: (a) Declarant Parties: Declarant hereby reserves for itself, and for its agents, employees, contractors, and/or subcontractors (collectively, “Declarant Parties”), the right to enter in and upon those portions of (a) the Common Area, (b) each Condominium Lot, (c) each Lot, (d) each Commercial Lot, (e) each Residence and (f) each Unit that are necessary or appropriate (as determined in Declarant Parties’ reasonable discretion) for the purposes of performing repairs or doing other work that (i) has been agreed to by the Master Association and Declarant Parties or by an Owner and Declarant Parties or (ii) Declarant Parties elects to perform pursuant to California Civil Code Section 918. Declarant hereby grants to Master and Merchant Builders, their respective agents, employees, contractors, and subcontractors and Master and Merchant Builders hereby reserve for themselves, and for their respective agents, employees, contractors, and/or subcontractors (collectively “Builder Parties”), the right to enter in and upon those portions of (a) the Common Area, (b) each Condominium Lot, (c) each Lot, (d) each Commercial Lot, (e) each Residence and (f) each Unit which they improved that are necessary or appropriate (as determined in Builder Parties’ reasonable discretion) for the purposes of performing repairs or doing other work that (i) has been agreed to by the Master Association and Builder Parties or by an Owner and Builder Parties or (ii) Builder Parties elects to perform pursuant to California Civil Code Section 918. Declarant Parties or Builder Parties shall give all 14 03/31/17 LITTLE & SAPUTO ATTORNEYS AT LAW 1901 OLYMPIC BOULEVARD, #100 WALNUT CREEK, CA 94596-5024 (925) 944-5000 affected parties at least seventy two (72) hours advance notice of the dates and times work will be performed (except in an emergency for which no notice is required). Notice shall be written or verbal. (b) Utility Companies: Each utility company which provides services to the Project (“Utility Company”) is hereby granted the right to enter in and upon those portions of the Common Area and the unenclosed portions of each Lot, Condominium Lot and Commercial Lot that are necessary for the purposes of performing maintenance or repairs of improvements for which the Utility Company is responsible or which have been agreed to by the Master Association and the Utility Company. The right of entry granted herein may be exercised by the Utility Company through its agents, employees, contractors, and/or subcontractors. Utility Company shall give the Master Association at least seventy two (72) hours advance notice of the dates and times work will be performed (except in an emergency for which no notice is required). Notice shall be written or verbal. The Utility Company shall have no liability to repair or replace any landscaping or other Improvements that are removed or impaired as a result of repair or replacement work performed by the Utility Company. Repair or replacement shall be performed by the Association, at the Association’s cost. 3.5.13 Right to Photograph: Declarant hereby reserves a non-exclusive easement and right in gross to display, use and distribute for any and all purposes photographs, video recordings and similar reproductions of all Residences, Condominiums and Improvements constructed anywhere in the Project; provided, however, Declarant shall have no right to photograph the interior of any Residence or Unit after that Residence or Unit has been conveyed to a Public Purchaser, without the consent of that Public Purchaser. Declarant hereby expressly grants to each Master Builder and Merchant Builder and each Master Builder and Merchant Builder hereby reserves a non-exclusive easement and right in gross to display, use and distribute for any and all purposes photographs, video recordings and similar reproductions of all Residences, Condominiums and Improvements constructed anywhere in the Project by that Master Builder or Merchant Builder; provided, however, no Master Builder or Merchant Builder shall have any right to photograph the interior of any Residence or Unit after that Residence or Unit has been conveyed to a Public Purchaser, without the consent of that Public Purchaser. 3.5.14 Shared Driveways: The Owners of a Lot served by a Shared Driveway (“Shared Driveway Lots”) are hereby granted a non-exclusive appurtenant easement over the Shared Driveway which serves that Lot. The Shared Driveway may be used for the purposes of (i) ingress to and egress from the Shared Driveway Lots, (ii) installing, operating or Maintaining utilities which serve any or all of the Shared Driveway Lots and which are not publicly Maintained, (iii) installing, operating and Maintaining storm drainage Improvements and irrigation Improvements which serve any or all of the Shared Driveway Lots, and (iv) installing, operating and Maintaining the Shared Driveway surface. Improvements within the Shared Driveway shall be Maintained as provided in Article V (Improvements). 3.5.15 Storm Drains: The Master Association and each Owner shall have a non-exclusive right and easement appurtenant to the Common Area, Condominium Lots, Commercial Lots and all Lots over, under, across and through the Project, except Residences, for surface and subsurface storm drains and the flow of water in accordance with natural drainage patterns and the drainage patterns and Improvements installed or constructed by Declarant, Master Builder or Merchant Builder. Additionally, this Master Declaration and the Common Area, Condominium Lots, Commercial Lots and each Lot shall be subject to all easements granted by Declarant, Master Builder or Merchant Builder to install and Maintain drainage Improvements necessary or appropriate for the development of the Project. 3.5.16 Support: The Master Association and each Owner shall have a non-exclusive right and easement appurtenant to the Common Area, Condominium Lots and all Lots through each Lot, 15 03/31/17 LITTLE & SAPUTO ATTORNEYS AT LAW 1901 OLYMPIC BOULEVARD, #100 WALNUT CREEK, CA 94596-5024 (925) 944-5000 ARTICLE IV USE RESTRICTIONS Condominium Lot and the Common Area to support and Maintain the Common Area, Condominium Lot and all Lots. 3.5.17 Utilities: Each Owner shall have a non-exclusive right and easement over, under, across and through the Project, except Residences and Condominium Buildings, for utility lines, pipes, wires and conduits installed by Declarant, Master Builder or Merchant Builder. Additionally, this Master Declaration and each Lot, Condominium Lot, Commercial Lot and the Common Area shall be subject to all easements granted by Declarant, Master Builder or Merchant Builder to install and Maintain utilities necessary or appropriate for the development of the Project. 3.5.18 Yard Easements: Each Lot which is adjacent to a Yard Easement shall have an exclusive right and easement appurtenant to it over, under, through and across such Yard Easement. Each Yard Easement may be used for the purposes specified and is subject to the restrictions placed on it in Section 4.21 (Yard Easements) of this Master Declaration. Yard Easements shall be Maintained as provided in Article V (Improvements) of this Master Declaration. A parcel of Commercial Property is not subject to the provisions of this Article IV (Use Restrictions) if the Declaration of Annexation which annexes that parcel provides that the Commercial Property is not subject to the provisions of this Article IV. If the Declaration of Annexation which annexes a parcel of Commercial Property provides that the Commercial Property is only subject to portions of this Article IV, then that parcel shall only be subject to those portions as stated in that Declaration of Annexation. 4.1 ALTERATIONS: Except as otherwise specifically provided in this Master Declaration, no Alteration may be made to any Improvement until plans have been submitted and approved pursuant to Article XI (Architectural and Landscaping Control). 4.2 ANIMALS: 4.2.1 Generally: No animals may be kept for commercial purposes. No dog shall be allowed in the Common Area or Master Association Maintenance Area unless it is under the control of a responsible person by leash or other means. Each Owner or Invitee shall clean after its pet so that the Common Area and Master Association Maintenance Area is in the same condition it was in immediately preceding its use by any pet permitted on the Common Area or Master Association Maintenance Area by the Owner or Invitee. 4.2.2 Number and Type: An Owner may keep not more than a total of two (2) (three [3] in the case of Owners of single family detached Residences) dogs, cats and other customarily uncaged household pets within the Owner’s Lot or Condominium. Each Owner may also keep a reasonable number of small caged animals, birds or fish. Unless the Operating Rules increase the number or type of animals which may be kept, no other animals or pets are permitted in the Project. 4.2.3 Nuisance: The Board shall have the right to prohibit the keeping of any pet which, after Notice and Hearing, is found to be a nuisance to other Owners. 4.2.4 Service Animals: Notwithstanding the limitations on numbers and types of animals in Section 4.2.2 (Number and Type), the Board shall, without having to amend Section 4.2.2, make reasonable 16 03/31/17 LITTLE & SAPUTO ATTORNEYS AT LAW 1901 OLYMPIC BOULEVARD, #100 WALNUT CREEK, CA 94596-5024 (925) 944-5000 accommodations allowing a person who resides in a Residence and has a legally recognized disability to keep service animals in their Residence on receipt of reasonable evidence: (a) that the person has a legally recognized disability; (b) that the service animal is properly trained to provide a necessary service for the disabled person, and (c) showing that the animal meets the criteria for service animals set forth in state and federal law and regulation. Qualified service animals shall not be counted as pet animals for purposes of the numeric limits in Section 4.2.2 (Number and Type), nor shall any limitations on the types of animals set forth in that Section apply to a qualified service animal. Qualified service animals permitted under this Section 4.2.4 remain subject to Sections 4.2.1 (Generally) and 4.2.3 (Nuisance). 4.3 ANTENNAS AND SATELLITE DISHES: No outside television antenna, microwave or satellite dish, aerial, or other such device (collectively “Video Antennas”) with a diameter or diagonal measurement in excess of one (1) meter shall be erected, constructed or placed on any Common Area, Condominium Lot or Lot. Video Antennas with a diameter or diagonal measurement of one (1) meter or less may be installed only if they conform to the Architectural Standards and, if then required by the Architectural Standards, any necessary approval is obtained in accordance with the provisions of Article XI (Architectural and Landscaping Control). Reasonable restrictions which do not significantly increase the cost of the Video Antenna system or significantly decrease its efficiency or performance may be imposed. 4.4 DRAINAGE: No Owner or the Master Association shall make any Alteration to the drainage patterns and facilities in the Project (including but not limited to removal or modification of any swale established by a Declarant, Master Builder or Merchant Builder in a Yard) until plans have been submitted and approved (a) pursuant to Article XI (Architectural and Landscaping Control) and (b) by the City in writing or any public authority with jurisdiction over the Alteration. No Alteration shall be inconsistent with a Stormwater Management Maintenance Agreement. This Master Declaration provides notice to each Owner to devote great care and attention to grading and to establishing and maintaining positive drainage away from the entire foundation line of the Owner’s Residence. Positive drainage is achieved by shaping Lot grades, establishing drainage “swales” or installing underground area drains. The swales and drains provide a receptacle and conduit to drain water away from the foundation, and the rear, side and front of the Residence to off-site drainage disposal. Swales also prevent drainage water from moving across a Lot to another Lot, Condominium Lot, Commercial Lot, Common Area or other property. This Master Declaration also provides notice to each Owner that if existing drainage swales established on a Lot or around a Residence are interrupted, blocked, filled, or otherwise altered, serious damage can result. Drainage must not be allowed to pond in a Yard (except in swales specifically designed for detention) or run against or under a Residence, foundation, garage floor, driveway or other Improvement. Serious damage can result even during a short period of time. 4.5 EXTERIOR LIGHTING: No Owner shall remove, damage or disable any exterior light, photocell, or fixture, regardless of where located, which is either photocell operated or connected to the Master Association’s electric service. 4.6 INVITEES: Each Owner shall be responsible for compliance with the provisions of the Project Documents by that Owner’s Invitees. An Owner shall promptly pay any Reimbursement Assessment levied and/or any fine or penalty imposed against an Owner for violations committed by that Owner’s Invitees. 4.7 MASTER ASSOCIATION MAINTENANCE AREAS: 4.7.1 Alterations: No Alteration may be made by an Owner, nor may any personal property be placed, within Master Association Maintenance Area without first obtaining approval of the Board. Notwithstanding the foregoing, no Owner shall add landscaping to or otherwise disturb or modify the Stormwater Improvements. Unless otherwise determined by the Board, any Owner who adds landscaping 17 03/31/17 LITTLE & SAPUTO ATTORNEYS AT LAW 1901 OLYMPIC BOULEVARD, #100 WALNUT CREEK, CA 94596-5024 (925) 944-5000 in any Master Association Maintenance Area shall Maintain the additional landscaping. The Master Association shall not be responsible for any damage caused to any such added landscaping as long as the damage occurs in the ordinary course of the Master Association’s regular landscape maintenance program. No Alteration is permitted to the bio-retention area or silva cells on Lots or Common Area without the approval of the City. 4.7.2 Irrigation: If the water supply for an irrigation system serving Master Association Maintenance Area is connected by Declarant to a Residence water meter at the time of conveyance of that Residence to the initial Owner to acquire the Residence from Declarant, the Owner of the Residence may not disconnect or otherwise restrict the flow of water from the Owner’s meter to the irrigation system. All such water used by the Association in irrigating the Association Maintenance Area shall be paid for by the Owner of the Residence. No Owner shall have the right to contest the amount of water used by the Association as long as the Association treats each Lot substantially the same as other similarly situated Lots. No irrigation system serving Public Rights of Way Landscaping may be connected to a Residence water meter. 4.8 MINERAL EXPLORATION: No Lot or Condominium Lot shall be used to explore for or to remove any oil, hydrocarbons or minerals of any kind without the approval of the Board and only if permitted by local ordinances. 4.9 OPERATING RULES: Owners and their Invitees shall comply with all provisions of this Master Declaration, the Bylaws and the Operating Rules. 4.10 PARKING: Vehicles shall not be parked anywhere in the Project except in compliance with the provisions of this Section. 4.10.1 Common Area: Passenger motor vehicles may be parked in designated spaces within the Common Area. The Operating Rules may limit parking within spaces served by Electric Vehicle Charging Stations to electric vehicles only. No part of the Common Area may be used for repair, construction or reconstruction of any vehicle. 4.10.2 Driveways: Unless otherwise provided in a Declaration of Annexation, the driveway on a Lot may be used by the residents of the Lot to park passenger motor vehicles as long as no portion of the vehicle extends into the street or across any portion of a sidewalk. 4.10.3 Enforcement: The Association may enforce all parking restrictions by fines, towing vehicles or any other method it deems appropriate. The parking restrictions may prohibit parking in specific portions of the private streets on the days scheduled for garbage or recycling collection in order to avoid interference with the collection services. 4.10.4 Established Parking Areas: A Declaration of Annexation may establish designated parking spaces which shall be subject to the applicable provisions set forth in such Declaration of Annexation. 4.10.5 Garages: Vehicles of any type may be parked in a garage. Garage doors shall remain closed, except when the garage is in use. Garages shall be kept sufficiently clear so as to permit parking of the number of vehicles for which the garage was designed. 4.10.6 Guest Parking: No resident may park any vehicles in any space designated as “guest parking.” 21 03/31/17 LITTLE & SAPUTO ATTORNEYS AT LAW 1901 OLYMPIC BOULEVARD, #100 WALNUT CREEK, CA 94596-5024 (925) 944-5000 given at least ninety-six (96) hours in advance, except in an emergency when no notice is required. Notice may be written or verbal. Work may be performed only on weekdays between the hours of 7 a.m. and 6 p.m. unless otherwise agreed. The Owner of the Servient Tenement shall have no liability for damage to or removal of any Improvement, including landscaping, which exists in the Yard Easement in violation of this Section. 4.21.3 Restrictions: Improvements may be built or placed within the Yard Easement subject to the following restrictions: (a) Items which are part of the original construction by Declarant of the Residence on the Servient Tenement (including but not limited to overhanging eaves, down spouts and other storm drainage Improvements) may encroach into the Yard Easement. The only Improvements that may be built or placed within the Yard Easement by the Owner of the Dominant Tenement are (i) landscaping and (ii) patio slabs which are no closer to the Residence on the Servient Tenement than twelve (12) inches unless constructed in that location by a Declarant, Master Builder or Merchant Builder. Notwithstanding (i) immediately preceding, any type of landscaping that has an invasive root system is also prohibited. (b) Nothing may be attached to, thrown against, placed against or permitted to climb up or along the Residence on the Servient Tenement by the Owner or residents of the Dominant Tenement, including but not limited to wall climbing plants. (c) No combustible or flammable materials may be placed or stored in the Yard Easement including barbeques. (d) The Owner of the Dominant Tenement is responsible for collecting the storm water that falls or flows into the Yard in the storm drainage system of the Dominant Tenement. The grade and drainage may not be altered in any manner which may direct water towards or trap water against the Residence on the Servient Tenement. All drainage within the Yard must direct all water away from the foundation of the Residences on both the Dominant and Servient Tenements. Any patio or impervious surface installed within a Yard must also cause water to drain away from the Residences on both the Dominant and Servient Tenement. (e) All irrigation within the Yard must be installed and Maintained by the Owner of the Dominant Tenement so that all water is directed away from the foundation of the Residences on both the Dominant and Servient Tenements. Irrigation systems may not cause any portion of a Residence to be wet when the irrigation system is operating. (f) The Owner of the Dominant Tenement shall Maintain all landscaping and other Improvements installed within the Yard Easement. (g) Nothing may be placed upon, over or under the Yard Easement that will interfere with the rights of the Owner of the Servient Tenement to access and Maintain the exterior of the Owner’s Residence. (h) Enclosures for pets may not be placed within the Yard Easement. 4.21.4 Disputes: If a dispute should arise between the Owners with respect to the application of this Section or any other matters pertaining to using or Maintaining the Yard Easement, the dispute shall be submitted to the Board (or a committee designated by the Board for such disputes) for such resolution. The decision of the Board (or the designated committee) shall be final. 22 03/31/17 LITTLE & SAPUTO ATTORNEYS AT LAW 1901 OLYMPIC BOULEVARD, #100 WALNUT CREEK, CA 94596-5024 (925) 944-5000 ARTICLE V IMPROVEMENTS 4.22 ZONE 7 RESTRICTED AREA: The Zone 7 Restricted Area is under the Management of Alameda County Flood Control & Water Conservation District, Zone 7 (“Zone 7”). Neither any owner nor the Master Association shall enter the Zone 7 Restricted Area for any purpose without first obtaining an encroachment permit from Zone 7. Without the prior written consent of Zone 7, the Master Association may not construct any improvements adjacent to the Zone 7 Restricted Area which may affect Zone 7’s ability to access and maintain the Zone 7 Restricted Area. Commercial Property, Condominium Buildings and Units are not subject to the provisions of this Article V (Improvements). Condominium Buildings and Units shall be Maintained as provided in the Condominium Declaration which governs those Condominium Buildings and Units. Commercial Property shall be Maintained as provided in the Condominium Declaration or Declaration of Annexation which annexes the Commercial Property to the Project. 5.1 MAINTAINING COMMON AREA, MASTER ASSOCIATION MAINTENANCE AREAS AND IMPROVEMENTS: Except as otherwise specifically provided in this Master Declaration or a Declaration of Annexation, the Master Association shall Maintain the Common Area, all Improvements situated in, upon or under the Common Area, all Master Association Maintenance Areas and any Improvements which a Declaration of Annexation provides are to be Maintained by the Master Association. The Master Association shall provide for all necessary services and cause all acts to be done which may be appropriate or proper to Maintain the Common Area and Improvements and Master Association Maintenance Areas in first-class condition. A Declaration of Annexation may impose additional obligations on the Master Association. 5.1.1 Maintenance Responsibility Exhibit: The Master Association shall Maintain all Improvements situated within the Common Area or Master Association Maintenance Area or adjacent to the Common Area or Master Association Maintenance Area which the Maintenance Responsibility Exhibit designates as an area or Improvement to be Maintained by the Master Association. The Improvements to be Maintained by the Master Association will include, but not by way of limitation, the hydromodification vaults located in the Community public park as well as the twin ninety-six inch (96") storm drain pipes. 5.1.2 Master Association Maintenance Manual: The Master Association shall Maintain the Project in compliance with all applicable requirements imposed by the Master Association Maintenance Manual. 5.1.3 Paved Surfaces: The Master Association shall be responsible for litter control and sweeping of all paved surfaces as needed in order to prevent the accumulation of litter and debris and in compliance with the Association Maintenance Manual. 5.1.4 Public Art: The Master Association shall at its sole cost and expense Maintain and appropriately insure the public art installations throughout the Project. 5.1.5 Records: The Master Association shall keep appropriate records to document that it has performed all inspections and Maintained all Improvements in compliance with the Master Association Maintenance Manual. 23 03/31/17 LITTLE & SAPUTO ATTORNEYS AT LAW 1901 OLYMPIC BOULEVARD, #100 WALNUT CREEK, CA 94596-5024 (925) 944-5000 5.1.6 Regular Inspections: The Master Association shall regularly inspect all major components of the Common Area and Master Association Maintenance Areas at least once each year. One of the primary purposes of the inspection shall be to determine how to extend the life of the Improvements and to prevent damage to such Improvements resulting from the Master Association’s neglect or the failure to properly and adequately Maintain. 5.1.7 Specific Provisions: The Master Association’s obligation to Maintain Common Area shall include, but not by way of limitation, the duty to provide for the maintenance, in good repair and on a regular basis, of all of the following Improvements to the extent applicable within the Common Area: landscaping and irrigation, sidewalks, stormwater treatment measures identified in the Agreement for Long- Term Encroachment, decorative pavements, private streets, open space, fences, walls, drainage, lighting, signs and other related Improvements. The Association shall also maintain any decorative pavement located in the Public Rights of Way Landscaping as provided in the Agreement for Long Term Encroachment. 5.1.8 Storm Drainage: All private storm drain systems are to be cleaned annually immediately before the commencement of the rainy season (October 15). 5.1.9 Stormwater Treatment Measures and Other Stormwater Improvements: The Master Association shall inspect and Maintain all Stormwater Improvements in compliance with all applicable provisions of the Stormwater Management Maintenance Agreements, including those on Condominium Lots and on Lots. The Master Association shall submit inspection reports as required by the Stormwater Management Maintenance Agreements. The inspection reports shall be in the form of the Stormwater Treatment Measures Operation and Maintenance Inspection Report Form included in the applicable Stormwater Management Maintenance Agreement. The inspection reports shall also be available to the City. Under the Stormwater Management Maintenance Agreements, the Master Association is responsible for ensuring that the installed stormwater management measures remain in effective operating condition in perpetuity. Commencing on the date the Master Association begins operation, the Master Association assumes the rights and duties of the Property Owner as defined in the Stormwater Management Maintenance Agreements. The Board shall have full right, power and authority to act on behalf of the Master Association, its Members and the Owners under the Stormwater Management Maintenance Agreements. The Master Association’s obligation to Maintain Stormwater Improvements shall include bioretention basins within the Common Area adjacent to public streets; if any modification to such bioretention basins is required in the future to accommodate walkways, the modifications shall be the responsibility of the Master Association. 5.2 ALTERATIONS TO COMMON AREA: 5.2.1 Approval: Alterations to any Improvements situated in, upon or under the Common Area or Master Association Maintenance Areas may be made only by the Master Association. A proposal for any such Alteration to an Improvement may be made at any meeting. A proposal may be adopted by the Board, subject to the limitations contained in the Bylaws. 5.2.2 Funding: Expenditures to Maintain an existing capital Improvement for which reserves have been collected may be made from the Reserve Account. Subject to the limitations set forth in Section 6.5 (Limitations on Assessments), the Board may levy a Special Assessment to fund any Alteration of an Improvement for which no reserve has been collected. 5.3 MAINTAINING LOTS AND RESIDENCES: Except as otherwise specifically provided in this Master Declaration or a Declaration of Annexation, each Owner shall Maintain the Owner’s Lot, including the Residence and other Improvements located thereon, in compliance with the provisions of the 24 03/31/17 LITTLE & SAPUTO ATTORNEYS AT LAW 1901 OLYMPIC BOULEVARD, #100 WALNUT CREEK, CA 94596-5024 (925) 944-5000 Owner Maintenance Manual, in a manner consistent with the standards established by the Project Documents and in compliance with the Architectural Standards. 5.3.1 Cost Center Maintenance: The Master Association shall Maintain all Improvements situated on Lots which Improvements are included within a Cost Center. 5.3.2 Bio-Retention Facilities: The Association shall Maintain Bio-Retention Facilities located on Condominium Lots and on Lots. ** 5.3.3 Driveways: Each Owner shall Maintain all portions of the driveway which provides access between the Owner’s Residence and the street which provides access to that Lot. Each Owner shall keep the surface of the driveway on the Owner’s Lot clean and free from oil and grease. 5.3.4 Exterior Lighting: Exterior lights which are operated and controlled by the Owner of the Lot shall be Maintained by the Owner of the Lot. All exterior lights which are operated and controlled by the Master Association shall be Maintained by the Master Association. The Master Association has the right to access the electrical panels on each Lot and to interrupt the electric service when the Master Association needs to perform maintenance for which the Master Association is responsible. 5.3.5 Mailboxes: The Master Association shall Maintain all mailboxes and the support structures for all mailboxes. 5.3.6 Master Association Maintenance Areas: The Master Association shall Maintain those portions of Master Association Maintenance Areas which are located on Lots. 5.3.7 Public Service Easements: The Master Association shall Maintain each Improvement within the Public Service Easements shown on the Map if (a) the Improvement is not Maintained by the public or any utility company, agency or district and (b) the Improvement serves more than one (1) Lot. 5.3.8 Shared Driveways: Shared Driveways shall be Maintained in a good, safe and usable condition, in good repair, and in compliance with all applicable state, county and local ordinances by the Owners of the Lots entitled to use the Shared Driveway. The owners of the Lots entitled to use the Shared Driveway shall contribute equally to the costs incurred in constructing, operating and Maintaining it. The Owners covenant and agree that no maintenance or repair work shall be performed on a Shared Driveway without first obtaining the consent of the other Owners entitled to use the Shared Driveway, which consent shall not be unreasonably withheld. In an emergency situation where there is an imminent risk of damage to life, health or property, an Owner may perform (or cause to be performed) the necessary maintenance or repair work and then be entitled to and have a right of contribution from the other Owners entitled to use of the Shared Driveway. The right of contribution shall be appurtenant to the Lots entitled to use the Shared Driveway and shall pass to the successor(s) in interest of the Owner(s) entitled to contribution. Each Owner shall Maintain all utility system components within the Shared Driveway which serve only that Owner’s Lot at the Owner’s expense, unless the component(s) is publicly Maintained. After any work is performed by an Owner, the Owner shall restore the Shared Driveway to the same (or a better) condition it was in immediately preceding the work. 5.3.9 Sidewalks: The Master Association shall Maintain all sidewalks within the Project which provide pedestrian circulation within the Project. Each Owner shall Maintain all other walkways on the Owner’s Lot. 25 03/31/17 LITTLE & SAPUTO ATTORNEYS AT LAW 1901 OLYMPIC BOULEVARD, #100 WALNUT CREEK, CA 94596-5024 (925) 944-5000 5.3.10 Solar Collectors: Each Owner whose Lot is served by a Solar Collector shall Maintain the Solar Collector at the Owner’s sole cost and expense. 5.3.11 Storm Drainage: All area drains, inlets, catch basins and other drainage Improvements (“Drainage Improvements”) shall be cleared and otherwise Maintained at all times so that the Improvements function as they were designed and in compliance with the Stormwater Management Maintenance Agreements. Drainage Improvements shall be cleaned immediately before the commencement of the rainy season (October 15). Each Owner shall clear and otherwise Maintain all Drainage Improvements physically situated within the Owner’s Lot, irrespective of who uses the Drainage Improvements, excluding Drainage Improvements within Master Association Maintenance Area (“Owner Maintained Drainage Improvements”). All other Drainage Improvements situated within the Project or which extend outside the Project up to and including the point of connection into a publicly maintained storm drain system shall be Maintained by the Master Association. If the Master Association is notified by an Owner that storm water is not properly flowing from the surface of that Owner’s Lot, the Master Association shall investigate the situation, clear all debris from and repair all damage to all Drainage Improvements which the investigation determines not to be functioning properly or which appear to be the cause of the problem. If the Master Association determines that the problem was caused by an Owner’s failure to properly Maintain Owner Maintained Drainage Improvements, the Master Association shall levy a Reimbursement Assessment against that Owner to recover the costs incurred by the Master Association. If the Master Association determines that more than one (1) Owner failed to properly Maintain their respective Owner Maintained Drainage Improvements, the Master Association shall apportion the costs it incurred among those Owners and shall levy Reimbursement Assessments against them. Except as expressly provided in this Section, the Master Association shall have no duty to inspect Owner Maintained Drainage Improvements. Notwithstanding any language in this Section to the contrary, if the Master Association determines that an Owner Maintained Drainage Improvement requires repair but that the repair is not urgent, the Master Association may require the Owner of the Owner Maintained Improvement to perform the repair within a reasonable time. 5.3.12 Stormwater Improvements: The Association shall Maintain all Stormwater Improvements located on Condominium Lots and on Lots. 5.3.13 Utility Lines Serving A Single Lot: Each Owner shall Maintain those portions of all utility lines which (i) are not Maintained by the public or a quasi-public entity or utility company and (ii) serve only that Owner’s Lot, irrespective of whether the utility line is located on Common Area or on one (1) or more Lots. 5.3.14 Utility Lines Serving More Than One Lot: The Master Association shall Maintain those portions of all utility lines which (i) are not Maintained by the public or a quasi-public entity or utility company and (ii) serve more than one (1) Lot, irrespective of whether the utility line is located on Common Area or on one (1) or more Lots. 5.3.15 Yard: The Owner of each Lot shall Maintain any Yard serving that Lot and all Improvements within it, unless otherwise provided in this Master Declaration or a Declaration of Annexation. 5.4 ALTERATIONS TO LOTS AND RESIDENCES: Alterations may be made to the interior of a Residence on a Lot, if the Alterations do not impair the structural integrity of the Residence and if the Owner complies with all laws and ordinances regarding alterations and remodeling. Any proposals for Alterations on Lots or to the exteriors of Residences shall be made in accordance with the provisions of Article XI (Architectural and Landscaping Control). 45 03/31/17 LITTLE & SAPUTO ATTORNEYS AT LAW 1901 OLYMPIC BOULEVARD, #100 WALNUT CREEK, CA 94596-5024 (925) 944-5000 ARTICLE X AMENDMENT AND ENFORCEMENT 9.8 MORTGAGEE VOTING: Each provision of this Master Declaration which requires the approval of First Mortgagees or Eligible Holders entitles the First Mortgagee or Eligible Holder to cast one (1) vote for each Condominium or Lot encumbered by a First Mortgage owned by the First Mortgagee or Eligible Holder. If an action is subject to multiple approvals, each Eligible Holder who casts a vote will be deemed to have cast the same vote as a First Mortgagee. 10.1 AMENDMENTS: Prior to the conveyance of the first Lot or Condominium to a Public Purchaser, this Master Declaration may be amended by Declarant alone. After such conveyance of the first Lot or Condominium, this Master Declaration may be amended if each of the following requirements is satisfied: 10.1.1 Eligible Holder Approval: The approval of fifty-one percent (51%) of the Eligible Holders must be obtained to amend any provision of this Master Declaration or the Bylaws which establishes, provides for, governs or regulates any of the following subjects: (a) Voting; (b) Assessments, assessment liens or subordination of such liens; (c) Reserves for maintenance, repair and replacement of Common Area or Exclusive Use Common Area; (d) Insurance or fidelity bonds; (e) Rights to use the Common Area; (f) Responsibilities for maintenance and repair of any portion of the Project; (g) Expansion or contraction of the Project, or the addition, annexation or withdrawal of Property to or from the Project; (h) Boundaries of any Separate Interest or Exclusive Use Common Area; (i) The interest of an Owner in Common Area or Exclusive Use Common Area; (j) Convertibility of Separate Interests into Common Area or of Common Area into Separate Interests; (k) Leasing of Condominiums or Lots; (l) Imposition of any right of first refusal or similar restriction on the right of an Owner to sell, transfer or otherwise convey the Owner’s Condominium or Lot; (m) Establishment of self-management by the Master Association where professional management has been required by any First Mortgage Insurer; or 47 03/31/17 LITTLE & SAPUTO ATTORNEYS AT LAW 1901 OLYMPIC BOULEVARD, #100 WALNUT CREEK, CA 94596-5024 (925) 944-5000 10.1.5 Architectural Control: The provisions of Article XII (Annexation), Section 11.1.3 (Declarant Exemption), Section 11.1.4 (Master Builder Exemption), Section 11.1.5 (Merchant Builder Exemption) and this Section 10.1.5 may not be amended without the consent of Declarant until all of the Annexable Property has been annexed to the Project and all of the Lots, Condominiums and Commercial Lots in the Project owned by Declarant, Master Builder and Merchant Builder have been conveyed. 10.1.6 Disputes: The provisions of Section 3.5.11 (Right of Entry to Inspect), Section 3.5.12 (Right of Entry to Perform Work), Section 3.5.13 (Right to Photograph) and this Section 10.1.6 may not be amended nor shall other provisions be adopted that purport to supersede them without the consent of Declarant. 10.1.7 Class C: No provision which confers a benefit on the Class C Member may be amended without the consent of the Class C Member until Class C membership expires. 10.1.8 Annexation: The provisions of Article XII (Annexation), Section 11.1.3 (Declarant Exemption) and this Section 10.1.8 may not be amended without the consent of Declarant until three years (3) after all of the Annexable Property has been annexed to the Project. 10.1.9 City Approval: No amendment to any of the following Sections (which were required as a condition of tentative map approval) shall be effective without the prior written consent of the City or the City Attorney: Section 2.2 (Agreement for Long Term Encroachment), Section 2.14 (Common Area), Section 2.35 (Maintain), Section 2.37 (Maintenance Responsibility Exhibit); Section 2.39 (Master Association), Section 2.40 (Master Association Maintenance Area), Section 2.48 (Operating Rules), Section 2.53 (Project Common Area), Section 2.65 (Stormwater Improvements), Section 4.7 (Master Association Maintenance Areas) and its subsections, Section 5.1 (Maintaining Common Area, Master Association Maintenance Areas and Improvements) and its subsections, Section 5.3.6 (Master Association Maintenance Areas), Section 5.3.11 (Storm Drainage), Section 5.6 (Landscaping) and its subsections, Section 7.1 (The Organization), Section 10.2.1 (City as Third Party Beneficiary), this Section 10.1.9, Section 10.1.11 (Unilateral Amendment and Prospective Application) and Section 10.2.1 (City as Third Party Beneficiary). Further, no provision of this Declaration which was requested by or which confers a right on the City may be amended nor shall other provisions be adopted that purport to supersede them without the consent of the City. 10.1.10 Zone 7 Approval: No amendment to any of the following Sections shall be effective without the prior written consent of Alameda County Water Conservation and Flood Control District, Zone 7: Section 2.74 (Zone 7 Restricted Area), Section 4.22 (Zone 7 Restricted Area) or this Section 10.1.10. Further no provision shall be adopted that purports to supersede these sections without the consent of Alameda County Water Conservation and Flood Control District, Zone 7. 10.1.11 Unilateral Amendment and Prospective Application: Declarant shall have the right to change the provisions of this Master Declaration under the following circumstances: (a) statutory changes are adopted or the law is changed through the decision of a court (collectively “New Law”) and the New Law imposes a new requirement on Owners or the Master Association, invalidates a provision of this Master Declaration, results in the inability to enforce a provision of this Master Declaration or prevents the operation of a provision of this Master Declaration or (b) changes to this Master Declaration are required to satisfy the requirements imposed by FannieMae, the Federal Home Loan Mortgage Corporation (Freddie Mac), FHFA, the Federal Housing Administration or the Veterans’ Administration as a condition of providing mortgage financing or mortgage insurance (collectively “Financing Condition”). To amend this Master Declaration to effectuate changes as a result of any such New Law or Financing Condition, Declarant must record a document that (i) describes the Project, (ii) references this Section 10.1.11, (iii) describes the New Law or 48 03/31/17 LITTLE & SAPUTO ATTORNEYS AT LAW 1901 OLYMPIC BOULEVARD, #100 WALNUT CREEK, CA 94596-5024 (925) 944-5000 Financing Condition (or both), (iv) describes the Sections in this Master Declaration that are affected by the New Law or Financing Condition and (iv) contains the new provisions. Notwithstanding the foregoing, no amendment which would require approval of the City pursuant to Section 10.1.9 (City Approval) is permitted by this Section 10.1.11 without the consent of the City and no amendment which would require approval of Alameda County Water Conservation and Flood Control District, Zone 7 pursuant to Section 10.1.10 (Zone 7 Approval) is permitted by this Section 10.1.11 without the consent of Alameda County Water Conservation and Flood Control District, Zone 7. 10.1.12 Restatement: After an amendment is duly approved in accordance with the preceding requirements, the Board may prepare a restatement of the Master Declaration and record the restatement of the Master Declaration which restates the entire text of the original document, with these exceptions: (a) changes incorporating all amendments approved by the Owners; (b) changes made to rearrange or delete the text for consistency with the approved amendments; and (c) changes made to delete material no longer legally effective or legally required. Upon recordation of the restatement, the restatement shall supersede the Master Declaration and all prior amendments in their entirety, without, however, affecting the priority of the Master Declaration in the chain of title to all properties that are subject to the Master Declaration, as established by the Master Declaration’s initial date of recordation. 10.1.13 Recordation: Any amendment to this Master Declaration shall be effective upon the recordation in the Official Records of the County of either (a) a restatement approved by the Board as provided above which includes a statement executed by the President and Secretary of the Master Association which certifies that the required percentage of Members has approved all amendments made by the restatement and that the form of the restatement was duly approved by a resolution of the Board, or (b) an amending instrument which sets forth the terms of the amendment and includes a statement executed by the President and Secretary of the Master Association which certifies that the required percentage of Members has approved all amendments made by the amending instrument. 10.2 ENFORCEMENT: 10.2.1 City as Third Party Beneficiary: The City shall be deemed a third party beneficiary of this Declaration, and shall be entitled, but not obligated, to enforce the provisions described in Section 10.1.9 (City Approval) and this Section 10.2.1, in any manner provided by law or in equity and in any manner provided by this Declaration. If, in the opinion of the City, the Master Association at any time fails to comply with a Stormwater Management Maintenance Agreement or to Maintain the Common Area in accordance with the terms of this Declaration, the City shall give written notice to Association, specifying the exact nature of such deficiency. Such written notice of deficiency from the City shall require that the Master Association take appropriate corrective action within thirty (30) days of receipt of such written notice unless there exists a hazardous condition creating an immediate possibility of serious injury to persons or property, in which case the time for correction shall be immediate. If the Master Association, within the time set forth in the notice of deficiency, does not undertake and complete the corrective work required in the notice of deficiency, the City may undertake and complete such corrective measures as are set forth in the notice and assess the costs thereof against the Master Association. In order to effectuate the provisions of this Section 10.2.1, the City may enter the Project whenever entry is necessary to perform any work which the City is authorized to undertake pursuant to this Section 10.2.1. 10.2.2 Rights to Enforce: Declarant, Master Builder, Merchant Builder, the Master Association and/or any Owner shall have the power to enforce the provisions of the Project Documents in any manner provided by law or in equity and in any manner provided in this Master Declaration. In addition to instituting appropriate legal action, the Master Association may temporarily suspend an Owner’s use of the recreation facilities or voting rights and/or levy a fine against an Owner in a standard amount to be Appendix B Dublin Crossing City Easement Area Exhibit 6th Street 6th Street Davis AveEvans AveFernandez Avenue620 HQ 611 610 619 LEGEND: CITY MAINTENANCE EASEMENT AREA OVER CHABOT CREEK 4.70± AC DUBLIN CROSSING PROJECT BOUNDARY Appendix C Baseline Condition Report and As-Built Map (Current Proposed Plans, to be replaced upon completion of success monitoring) REVISIONSDATE:DRAWN BY:CHECKED BY:SCALE: AS SHOWNCARDNO JOB NO.FIGURE NO.DATENO.SEALDUBLIN CROSSINGDUBLIN, CA04080JCMKE315001900File: T:\Reno Projects\Reno Projects\E315001900 - Dublin Crossing\AutoCAD\Sheets\DUBLIN_PLAN 2.dwg Tab: CHABOT 1.0 (WHITE) oldPlot Stamp: 11/16/2016 4:35 PM - Shaun BuckmanCONCEPTPLANP1.0CHABOT CANAL CROSS SECTION A-A'FULL SIZE SCALE: H1"=10' V1"=10'LEGENDCHABOT CANAL PROPOSEDENHANCEMENT AND RESTORATION PLANPROPOSED SEASONAL WETLAND0.16 ACREAA' REVISIONSDATE:DRAWN BY:CHECKED BY:SCALE: AS SHOWNCARDNO JOB NO.FIGURE NO.DATENO.SEALDUBLIN CROSSINGDUBLIN, CA04080JCMKE315001900CHABOT CANAL PROPOSEDENHANCEMENT AND RESTORATION PLANFile: T:\Reno Projects\Reno Projects\E315001900 - Dublin Crossing\AutoCAD\Sheets\DUBLIN_PLAN 2.dwg Tab: CHABOT 1.1 (WHITE) oldPlot Stamp: 11/16/2016 4:34 PM - Shaun BuckmanCONCEPTPLANP1.1CHABOT CANAL CROSS SECTION B-B'FULL SIZE SCALE: H1"=10' V1"=10'LEGENDBB' REVISIONSDATE:DRAWN BY:CHECKED BY:SCALE: AS SHOWNCARDNO JOB NO.FIGURE NO.DATENO.SEALDUBLIN CROSSINGDUBLIN, CA02040JCMKE315001900File: T:\Reno Projects\Reno Projects\E315001900 - Dublin Crossing\AutoCAD\Sheets\DUBLIN_PLAN 2.dwg Tab: CHABOT 1.0 BPlot Stamp: 11/16/2016 4:35 PM - Shaun BuckmanCONCEPTPLANP1.2CHABOT CANAL CROSS SECTION C-C'FULL SIZE SCALE: H1"=10' V1"=10'LEGENDCHABOT CREEK PROPOSEDENHANCEMENT AND RESTORATION PLANPROPOSED SEASONAL WETLAND0.19 ACRECC' REVISIONSDATE:DRAWN BY:CHECKED BY:SCALE: AS SHOWNCARDNO JOB NO.FIGURE NO.DATENO.SEALDUBLIN CROSSINGDUBLIN, CA04080JCMKE315001900CANAL 2 PROPOSEDENHANCEMENT PLANFile: T:\Reno Projects\Reno Projects\E315001900 - Dublin Crossing\AutoCAD\Sheets\DUBLIN_PLAN 2.dwg Tab: CANAL 2 2.0 (WHITE) oldPlot Stamp: 11/16/2016 4:37 PM - Shaun BuckmanCONCEPTPLANP2.0LEGENDPROPOSED SEASONAL WETLAND0.12 ACREPROPOSED SEASONAL WETLAND0.14 ACREPROPOSED SEASONAL WETLAND0.11 ACRE0TYPICAL WETLAND GRADING SECTION A-A'N.T.S. REVISIONSDATE:DRAWN BY:CHECKED BY:SCALE: AS SHOWNCARDNO JOB NO.FIGURE NO.DATENO.SEALDUBLIN CROSSINGDUBLIN, CA04080JCMKE315001900CANAL 2 PROPOSEDRESTORATION PLANFile: T:\Reno Projects\Reno Projects\E315001900 - Dublin Crossing\AutoCAD\Sheets\DUBLIN_PLAN 2.dwg Tab: CANAL 2 2.1 (WHITE)Plot Stamp: 4/3/2017 2:41 PM - Shaun BuckmanCONCEPTPLANP2.1LEGENDNOTES:STAGE 1 - REMOVE CULVERT, RIP RAP, AND CONCRETEAS SOON AS FEASIBLE.STAGE 2 - INSTALL TREES AND SHRUBS FOLLOWINGCONSTRUCTION OF EACH NEW CROSSING.REMOVE CONCRETE1REMOVE CONCRETE1REMOVE ASPHALTAND CONCRETE1REMOVE RIP RAP1REMOVE CONCRETE1EXISTING CULVERTREMOVE ASPHALTAND CONCRETE1REMOVE CONCRETE LININGTHROUGHOUT ALLRESTORATION AREAS (TYP.)REMOVE CONCRETE LININGTHROUGHOUT ALLRESTORATION AREAS (TYP.) Addendum to the Dublin Crossing Johnson Marigot Consulting, LLC Long Term Management Plan November 4, 2020 Appendix B Proposed Deed Restriction for the Scarlet Drive Restoration Area Revision Date 4/5/2021 - 1 - 1442261.1 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Dublin Crossing, LLC Attn: Bridgit Koller 2603 Camino Ramon, Ste 525 San Ramon, CA 94583 WHEN RECORDED, MAIL COPY TO: Michael Montgomery, Executive Officer Attn: Brian Wines, Site No. 02-01-00786 CIWQS Place ID Nos. 792186 and 792217 California Regional Water Quality Control Board San Francisco Bay Region 1515 Clay Street, Suite 1400 Oakland, CA 94612 WHEN RECORDED, MAIL COPY TO: District Engineer, San Francisco District Attn: Katerina Galacatos U.S. Army Corps of Engineers, Regulatory Division 450 Golden Gate San Francisco, CA 94102 SPACE ABOVE THIS LINE RESERVED FOR RECORDER’S USE COVENANTS AND DEED RESTRICTIONS Scarlett Drive Mitigation Area THIS DECLARATION OF COVENANTS AND RESTRICTIONS (this “Declaration”) is made this ___ day of ____________, 20__, by DUBLIN CROSSING, LLC, a Delaware limited liability company (“Dublin”), and the CITY OF DUBLIN (“City”) (collectively the "Declarants"). A.Declarants are the owners in fee simple of certain real property in the County of Alameda, State of California, more particularly described in Exhibit A, attached hereto and by this reference incorporated herein (the "Burdened Property"). Revision Date 4/5/2021 - 2 - 1442261.1 B. The City applied to the Department of the Army, through the San Francisco District of the U. S. Army Corps of Engineers, San Francisco District ("USACE") for a Nationwide Permit pursuant to Section 404 of the Clean Water Act to authorize the City to place fill in waters of the United States to construct the Scarlett Drive Project, and to mitigate for such placement of fill material on the Burdened Property. The “Scarlett Drive Project”, a City of Dublin capital improvement project, proposes to extend Scarlett Drive from its existing terminus at the intersection of Houston Place, in a southeasterly alignment to connect with the existing alignment of Dublin Blvd. To mitigate for impacts to jurisdictional waters of the U.S., the Scarlett Drive Project will restore 691 linear feet (0.790 acres) of wetland canal within Canal 2 on the Dublin Crossing Project site (“Scarlett Drive Mitigation Area”). The “Scarlett Drive Mitigation” consists of removal of the concrete lining and riprap, re-contouring of the banks and substrate of the canal, and the planting of native riparian vegetation. Impacts to waters of the U.S. due to fill discharge are regulated by the Clean Water Act, Section 404, and were authorized by the District Engineer pursuant to Nationwide Permit No. 2018-00036S, dated January 15, 2019. C. On January 15, 2019, the District Engineer of the USACE issued the Section 404 Nationwide Permit for the Scarlett Drive Project (the “Scarlett Drive 404 Permit”) authorizing the Declarant’s discharges to waters of the United States. The Scarlett Drive Permit contains Special Conditions (#1 - #5) (hereafter the "NWP Special Conditions") which set forth conditions of approval concerning the proposed fill and those Special Conditions specifically relating to the Scarlett Drive Mitigation are attached hereto as Exhibit B and incorporated herein by reference as if set forth in full. D. The NWP Special Conditions among other things, require that the City shall submit to USACE a deed restriction to be executed and recorded by the Declarants to protect restored, and enhanced avoided habitat. That deed restriction shall require that the Burdened Property (Exhibit A) be restored and maintained in perpetuity consistent with the Addendum to: Long Term Management Plan Dublin Crossing, November 2020 (Exhibit C), and the Addendum to: Revised Mitigation & Monitoring Plan Dublin Crossing, August 2020 (Exhibit D) and incorporated herein by reference as if set forth in full, and that use of the Scarlett Drive Mitigation Area be limited as set forth in Special Conditions (#1 - #5). E. The City applied to the California Regional Water Quality Control Board for the San Francisco Bay Region ("Board") for a water quality certification under Section 401 of the Clean Water Act and coverage under State Water Resources Control Board Order No. 2003-0017 - DWQ, "General Waste Discharge Requirements for Dredge and Fill Discharges That Have Received State Water Quality Certification" to authorize the Declarant to place fill in waters of the United States and the State of California to construct the Scarlett Drive Project, and to mitigate for such placement of fill material on the Burdened Property. Impacts to waters of the U.S. and waters of the State of California are authorized by the Clean Water Act Section 401 Certification and coverage under Board Order No. 2003-0017. F. On (DATE) the Board's Executive Officer issued the Section 401 water quality certification for the Scarlett Drive Project referenced as Site No. _________ (the “Scarlett Revision Date 4/5/2021 - 3 - 1442261.1 Drive 401 Certification”) for the City’s discharges to waters of the United States and the State of California. The Scarlett Drive 401 Certification contains Special Conditions (# - #) (hereafter the "401 Special Conditions") setting forth conditions of approval concerning the proposed fill and those Special Conditions specifically relating to the Burdened Property (described in Exhibit A) are attached hereto as Exhibit E and incorporated herein by reference as if set forth in full. G. The Board's Executive Officer found that, but for the Special Conditions, the proposed discharge into waters of the United States and State of California could not be found consistent with applicable law and that a water quality certification could therefore not be issued. H. The Special Conditions, among other things, require that the City shall submit to the Executive Officer a deed restriction to be executed and recorded by the Declarants to protect restored and enhanced habitat. That deed restriction shall require that the Burdened Property (Exhibit A) be restored and maintained in perpetuity consistent with the Addendum to: Long Term Management Plan Dublin Crossing, November 2020, and the Addendum to: Revised Mitigation & Monitoring Plan Dublin Crossing, August 2020(which are attached as Exhibits C and D) and incorporated herein by reference as if set forth in full, and that use of the Scarlett Drive Mitigation Area be limited as set forth in Special Conditions (# - #) E. The Declarants elected to execute and record the deed restriction as set forth in this Declaration required in the Special Conditions, so as to enable the City to undertake the actions authorized by the water quality certification issued by the Board. NOW, THEREFORE, in consideration for the rights granted to City for the development of the Scarlett Drive Project, located in the City of Dublin, County of Alameda, the Burdened Property shall be preserved for habitat preservation pursuant to California Civil Code §§ 815, et seq., and shall be dedicated in fee simple to the Alameda County Water Conservation and Flood Control District, Zone 7 (“Zone 7”) – pursuant to California Civil Code §§ 815, et seq., (Zone 7 is the “Dedicatee”). The transfer of ownership shall provide mitigation of certain anticipated impacts resulting from the Scarlett Drive Project as authorized by the Department of the Army Permit No. 2018-00036S, dated January 15, 2019, and the Board’s 401 Certification No. _________, AND, IN CONSIDERATION of the Scarlett Drive 404 Permit and the Scarlett Drive 401 Certification, the undersigned Declarants for themselves and for their heirs, assigns, and successors-in-interest, hereby irrevocably covenant with the Department of the Army and the Board that the protective provisions, covenants and restrictions ("Restrictions") set forth in this Declaration shall at all times on and after the date on which this Declaration is recorded constitute for all purposes, covenants, conditions and restrictions on the use and enjoyment of the Burdened Property that are hereby attached to the deed to the Burdened Property as fully effective components thereof. Revision Date 4/5/2021 - 1 - 1442261.1 ARTICLE I DEFINITIONS 1.1 Board. "Board" shall mean the California Regional Water Quality Control Board for the San Francisco Bay Region and shall include its successor agencies, if any. 1.2 Burdened Property. “Burdened Property” shall mean that property legally described in Exhibit A (aka “the Property” or “Protected Area”). 1.3 Declarants. “Declarants” shall mean Dublin Crossing, LLC, and the City of Dublin. 1.4 Dedicatee. “Dedicatee” shall mean Alameda County Flood Control and Water Conservation District (aka “Zone 7”). 1.5 District Engineer. “District Engineer” shall mean the Commanding Officer of the San Francisco District of the U. S. Army Corps of Engineers. 1.6 Mitigation and Monitoring Plan. “Mitigation and Monitoring Plan” shall mean the document titled “Addendum to: Revised Mitigation & Monitoring Plan Dublin Crossing, dated August 6, 2020” (aka “MMP”) 1.7 Long Term Management Plan. “Long Term Management Plan” shall mean the document titled “Addendum to: Long Term Management Plan Dublin Crossing, dated November 4, 2020” (aka “LTMP”) 1.8 Occupant. “Occupant” shall mean the Alameda County Flood Control and Water Conservation District or successor, or any entity acting on behalf of Alameda County Flood Control and Water Conservation District or successor. 1.9 Owner or Owners. "Owner" or "Owners" shall mean the Declarants and/or their successors in interest, who hold title to all or any portion of the Protected Area of the Burdened Property. 1.10 Protected Area. “Protected Area” shall have the same meaning as “Burdened Property.” 1.11 Scarlett Drive Permits. “Scarlett Dive Permits” shall mean the Nationwide Permit issued by the San Francisco District of the U. S. Army Corps of Engineers, dated January 15, 2019, and the Clean Water Act, Section 401 Water Quality Certification issued by the San Francisco Regional Water Quality Control Board, dated 1.12 Scarlett Drive Project. “Scarlett Drive Project” shall mean the proposed widening and extension of Scarlett Drive from Dougherty Road on the north to Dublin Boulevard on the south including all appurtenant utility, underground, surface and infrastructure improvements, as shown and defined on the approved “Scarlett Drive Improvement Plans”. Revision Date 4/5/2021 - 2 - 1442261.1 1.13 USACE. “USACE” shall mean the San Francisco District of the U. S. Army Corps of Engineers. 1.14 Zone 7. “Zone 7” shall mean the Alameda County Flood Control and Water Conservation District, Zone 7 [Continues on Following Page] Revision Date 4/5/2021 - 1 - 1442261.1 ARTICLE II GENERAL PROVISIONS 2.1 Current State of Burdened Property. The Burdened Property is currently in a natural state and is intended to remain undisturbed, except for those activities described in the Addendum to: Long Term Management Plan Dublin Crossing, dated November 4, 2020, a copy of which is attached here to as Exhibit C (the “LTMP”). 2.2 Value of Burdened Property. The Burdened Property provides or is capable of providing significant ecological and habitat values (collectively “conservation values”) that are of aesthetic, ecological, educational, historical, recreational, and scientific value. These values include, but are not limited to, the jurisdictional waters of the U.S. and State of California, and the functions and values of an approximately 691 linear feet (0.790 acres) of Canal 2 within the Dublin Crossing open space preserve. Canal 2 is subject to ecological enhancement and restoration efforts as mitigation for the Scarlett Drive Project, and these values are of great importance to the Declarants and the people of the United States. 2.3 Preservation. As shown in the LTMP, the Burdened Property will be preserved as an open space and habitat preserve and will be restricted from any development on the terms set forth in the Scarlett Drive 404 and 401 Permits, and this Declaration. 2.4 Purpose. The purpose of this Declaration is to ensure that the Burdened Property will be retained forever in a condition contemplated by the LTMP, and to prevent any use of the Burdened Property that will significantly impair or interfere with the conservation values of the Burdened Property. Declarants intend that this Declaration will confine the use of the Burdened Property to such activities including, without limitation, those involving the preservation and enhancement of native species and their habitats in a manner consistent with the conservation purposes of this Declaration and the LTMP. 2.5 Agreement to Assign. Declarants understand, acknowledge and agree that, as a condition on the issuance by the U.S Army Corps of Engineers of the Scarlett Drive Section 404 Permit, and the San Francisco Regional Water Quality Control Board of the Scarlett Drive Section 401 Certification, the Burdened Property shall be restricted from any development and shall be reserved for use as habitat preservation on the terms set forth in the Scarlett Drive permits. Declarants shall offer the Burdened Property for dedication in fee to Zone 7 or to an organization authorized to hold a conservation covenant under California Civil Code § 815, et seq. but such offer does not and shall not be construed as or constitute an offer for public use. 2.6 Covenants Running with the Land. In consideration of benefits derived from the Clean Water Act permits, the Declarants do hereby covenant and agree to restrict, and by this instrument does restrict, the future use of the Burdened Property as set forth by the below establishment of this covenant running with the land in perpetuity and shall bind any successors and assigns in interest to the Burdened Property in accordance with applicable law, including, but not limited to, California Civil Code 815, et seq., and California Civil Code 4618. This Declaration sets forth Restrictions upon and subject to which every portion of the Burdened Revision Date 4/5/2021 - 2 - 1442261.1 Property shall be improved, held, used, occupied, leased, sold, hypothecated, encumbered and/or conveyed. Each and all of the Restrictions shall run with the land, and pass with each and every portion of the Burdened Property, and shall apply to, inure to the benefit of, and bind the respective successors in interest thereof, for the benefit of the USACE, the Board and all other Owners and Occupants, as well as the people of the United States and the State of California. Each and all of the Restrictions are enforceable by the Board and/or USACE. 2.7 Notice in Agreements. After the date of recordation hereof, all Owners and Occupants shall execute a written instrument which shall accompany all purchase agreements, easements or leases relating to the property. Any such instrument shall contain the following statement: The land described herein is subject to a deed restriction dated as of ________________, 20__, and recorded on, __________ 20__, in the Official Records of Alameda County, California, as Document No.__________, which Covenant and Deed Restrictions imposes certain covenants, conditions, and restrictions on usage of all or a portion of the property described herein. 2.8 Development Rights. All present and future development rights allocated, implied, reserved, or inherent to the Burdened Property that are not consistent with the Restrictions or the LTMP are hereby extinguished and may not be used on or transferred to any portion of the Burdened Property, nor any other property, wherever located. 2.9 Concurrence of Owners and Lessees Presumed. All purchasers, lessees, or possessors of any real property interest in any portion of the Burdened Property, whether past, present or future, shall be presumed by their purchase, leasing, or possession of a portion of the Burdened Property to be in accord with the foregoing and to agree for and among themselves, their heirs, successors, and assignees, and the agents, employees, and lessees of such owners, heirs, successors, and assignees, that the Restrictions as herein established must be adhered to for the benefit of the USACE, the Board and the Owners and Occupants of the Burdened Property and that the interest of the Owners and Occupants of the Burdened Property shall be subject to the Restrictions contained herein. No Owner or Occupant of the Burdened Property shall act in any manner that would be inconsistent with the Restrictions. 2.10 Enforcement. USACE and the Board shall have the right, to enforce each and every provision herein. The covenant shall be enforceable by remedy of injunctive relief in addition to any other remedy in law or equity. Failure of the Declarants, Dedicatee, or other Owner or Occupant to comply with any provision of this Declaration shall be grounds for USACE or the Board, by reason of this Declaration, to have the authority to require that the Declarants, Dedicatee, Owner or Occupant modify or remove any improvements constructed in violation of this Declaration and restore the Burdened Property as described in the LTMP and the Special Conditions. In the event that the Declarants, their heirs, assigns or successors in interest shall fail to abide by any of the covenants hereunder, they hereby agree to pay all reasonable costs and expenses incurred by USACE or the Board in securing performance of such obligation, including reasonable attorney's fees and costs. In the event of a breach, any forbearance on the part of any Revision Date 4/5/2021 - 3 - 1442261.1 party to this covenant to enforce the terms and provisions hereof shall not be deemed a waiver of enforcement rights regarding any subsequent breach. The Declarants and Dedicatee agree that USACE, the Board, and/or any persons acting pursuant to USACE or Board orders, shall upon providing reasonable notice to the Declarants or Dedicatee, have reasonable access to the Burdened Property for the purposes of inspection, surveillance, maintenance, or monitoring, as provided for in Division 7 of the Water Code. Nothing contained in this Declaration shall be construed to entitle the United States or State of California to bring any action for any injury to or change in the Burdened Property resulting from causes beyond Declarants’ or Dedicatee’s control, including, without limitation, fire not caused by Declarants or Dedicatee, flood, storm, and earth movement, or from any prudent action taken by Declarants or Dedicatee under emergency conditions to prevent, abate, or mitigate significant threats to life, to health, to public safety, and of injury to the Burdened Property or other property resulting from such causes. ARTICLE III RESTRICTIONS 3.1 Implementation of Mitigation Measures. All mandatory mitigation measures presented in the LTMP and MMP (Attached hereto as Exhibits C and D) applicable to the Burdened Property shall be implemented by Dublin Crossing, LLC. 3.2 Prohibited Activities. Unless allowed pursuant to Sections 3.3 or 4.2 below or unless allowed in the LTMP or future revisions thereof that have been approved in advance in writing by USACE and the Board or its Executive Officer, the following activities are prohibited on the Burdened Property: a. Construction, reconstruction or placement of any building, billboard, sign, structure, or other improvement, except as provided in the LTMP, or upon approval of USACE and Board. b. Unseasonable watering; use of fertilizers, herbicides, pesticides, biocides, or other agricultural chemicals; mosquito abatement activities; weed abatement activities; incompatible fire protection activities; and any and all other uses which may adversely affect the conservation purposes of this Declaration. c. Grazing and agricultural activity of any kind, except as may be provided in the LTMP. d. Commercial or industrial uses. e. Depositing soil, trash, ashes, refuse, waste, bio-solids or any other material. f. Filling, dumping, excavating, draining, dredging, mining, drilling, removing, exploring for or extracting minerals, loam, gravel, soil, rock, sand or other material on Revision Date 4/5/2021 - 4 - 1442261.1 or below the surface of the Burdened Property, or granting or authorizing surface entry for any of these purposes, unless authorized by the Board and USACE. g. Altering the surface or general topography of the Burdened Property, including building drives, paving or otherwise covering the Burdened Property with concrete, asphalt, or any other impervious material, except as provided in the LTMP and approved by the Clean Water Act permits. h. Removing, destroying, or cutting trees, shrubs or other vegetation, except as required for: (i) fire and/or flood protection measures as specified in the LTMP; (ii) maintenance of existing foot trails or drives; (iii) prevention or treatment of disease; (iv) utility line clearance, or (v) maintaining flows through the Burdened Property. i. Use of motorized vehicles, including off-drive vehicles, except on existing driveways, as required to meet the obligations of the LTMP. j. Transferring any water right. k. Planting, introduction or dispersal of non-native or exotic plant or animal species. l. Manipulating, impounding or altering any natural watercourse, body of water or water circulation on the Burdened Property and any activities or uses detrimental to water quality, including but not limited to degradation or pollution of any surface or sub-surface waters. m. All active recreational activities not otherwise described in the LTMP, including, but not limited to, horseback riding, biking, hunting or fishing. n. Permitting a general right of access to the property that may result in damage to ecological functions and values. o. Assigning, terminating, or altering any and all mineral, water, or air rights, without the prior written authorization of the USACE and Board. p. Granting any additional interest in the Burdened Property, without the prior written authorization of the USACE and Board. Revision Date 4/5/2021 - 5 - 1442261.1 3.3 Permitted Activities. Notwithstanding the foregoing restrictions, the following activities may occur in the Protected Areas: a. Engaging in uses and activities necessary or appropriate to implement the LTMP. b. Control of entry upon the Burdened Property, including, without limitation, the installation and maintenance of signs or fences that do not impede the movement of wildlife. c. Passive recreational uses, including those activities described in the LTMP, that do not degrade the conservation values of the Burdened Property. ARTICLE IV VARIANCE AND TERMINATION 4.1 Effect of Declaration. The covenants and the provisions set forth in this Declaration are irrevocable and nonmodifiable and shall continue in effect in perpetuity unless modified or terminated as provided herein. 4.1 Variance from Declaration. Declarants, Dedicatee, or any Owner, or with the Owner's consent, any Occupant of the Burdened Property or a portion thereof may apply to USACE and the Board for a written variance from the provisions of this Declaration. USACE and the Board, at their discretion, may approve the variance if they find that the requested variance would not impact the size, condition, or functions of the mitigation features required by the Clean Water Act permits and protected by this Declaration. 4.2 Termination of Declaration. Declarants, Dedicatee, or Any Owner or with the Owner's consent, any Occupant of the Burdened Property or a portion thereof may apply to USACE or the Board for a termination of the provisions of this Declaration as they apply to all or any portion of the Burdened Property. Termination of the provisions of this Declaration requires the provision of alternate mitigation of equivalent size, condition, and functions. USACE and the Board will not approve the termination of the provisions of this Declaration until such alternate mitigation has been established, including the implementation of any necessary construction and planting, as well as a minimum of five years of post-establishment monitoring and maintenance, and a deed restriction or conservation easement has been recorded for the alternate mitigation site. Revision Date 4/5/2021 - 6 - 1442261.1 ARTICLE V MISCELLANEOUS 5.1 Best and Most Necessary Use. The habitat conservation values of the Declaration are presumed to be the best and most necessary public use as defined in equity and pursuant to California Code of Civil Procedure §1240.680 notwithstanding Code of Civil Procedure §§1240.690 and 1240.700. 5.2 No Dedication Intended. Nothing set forth herein shall be construed to be a gift or dedication, or offer of a gift or dedication, of the Burdened Property or any portion thereof to the general public. 5.2 Taxes. Prior to transfer to Dedicatee, Declarants shall pay before delinquency all taxes, assessments, fees, and charges of whatever description levied on or assessed against the Burdened Property by competent authority (collectively, "taxes"), including any taxes imposed upon, or incurred as a result of, this Declaration, and shall furnish satisfactory evidence of payment upon request. Dedicatee shall there-forward keep the Burdened Property free from any liens, including those arising out of any obligations incurred by the Declarants or Dedicatee for any labor or materials furnished or alleged to have been furnished at or for use on the Burdened Property. 5.3 Subsequent Property Transfer. Declarants and Dedicatee agree to incorporate the terms of this Declaration in any deed or other legal instrument by which the Declarants or Dedicatee divests itself of any interest in all or a portion of the Property, including, without limitation, a leasehold interest. Declarants or Dedicatee shall give USACE and the Board written notice of the intent to transfer any interest at least 30 days prior to the date of such transfer. USACE and the Board shall have the right to prevent subsequent transfers in which transferees are not given notice of the terms, covenants, conditions and restrictions of this Declaration. The failure of Declarants or Dedicatee to perform any act required by this section shall not impair the validity of this Declaration or limit its enforcement in any way. 5.4 Recordation. Declarants shall submit an original, signed and notarized Deed including this Declaration to USACE and the Board, and shall promptly record this instrument in the official records of the County of Alameda, and shall thereafter promptly provide a conformed copy of the recorded Declaration to USACE and the Board. Upon the assignment of the Burdened Property, Dedicatee shall promptly record the title with this Declaration in the official records of the County of Alameda, and shall thereafter promptly provide a conformed copy of the recorded Declaration to USACE and the Board. 5.5 Termination of Declaration. Upon approval of USACE and the Board, Declarants or Dedicatee may grant a perpetual Conservation Easement over the Property to a third party approved to hold Conservation Easements under Civil Code § 815, et seq., and, by so doing, may terminate this Declaration. Termination may only occur after Conservation Easement has been Revision Date 4/5/2021 - 7 - 1442261.1 recorded and only if the Conservation Easement contains all provisions set forth in this Declaration. 5.6 General Provisions. a. Controlling Law. The interpretation and performance of this Declaration shall be governed by the laws of the State of California and applicable Federal law, including the Clean Water Act. b. Liberal Construction. Any general rule of construction to the contrary notwithstanding, this Declaration shall be liberally construed to affect the purposes of this Declaration and the policy and purpose of Civil Code §815, et seq. If any provision in this instrument is found to be ambiguous, an interpretation consistent with the purposes of this Declaration that would render the provision valid shall be favored over any interpretation that would render it invalid. c. Severability. If any provision of this Declaration or the application thereof is found to be invalid the remaining provisions of this Declaration or the application of such provisions other than that found to be invalid shall not be affected thereby. d. Entire Agreement. This Declaration and the LTMP incorporated by reference herein, including all of the exhibits thereto, together set forth the entire agreement of the parties and supersede all prior discussions, negotiations, understandings, or agreements relating to the Declaration, all of which are merged herein. No alteration or variation of this instrument shall be valid or binding unless contained in an amendment in accordance with the provisions herein. e. Termination of Rights and Obligations. A party's rights and obligations under this Declaration terminate upon transfer of the party's interest in the Declaration or Property, except that liability for acts, omissions or breaches occurring prior to transfer shall survive transfer. f. Captions. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon its construction or interpretation. g. Counterparts. The parties may execute this instrument in two or more counterparts, which shall, in the aggregate, be signed by both parties; each counterpart shall be deemed an original instrument as against any party who has signed it. [Signatures on Following Page] Revision Date 4/5/2021 - 1 - 1442261.1 IN WITNESS WHEREOF, Declarant has executed and delivered this Declaration as of the day and year first above written. DECLARANT (Dublin Crossing, LLC): DUBLIN CROSSING, LLC, a Delaware limited liability company By: BrookCal Dublin LLC, a Delaware limited liability company Its: Member By: ________________________________ Name: ______________________________ Title: _______________________________ Date: _______________________________ By: SPIC Dublin LLC, a Delaware limited liability company Its: Member By: Standard Pacific Investment Corp., a Delaware corporation Its: Member By: ________________________________ Name: ______________________________ Title: _______________________________ Date: _______________________________ DECLARANT (City of Dublin): By: ________________________________ Name: ______________________________ Title: _______________________________ Date: _______________________________ Revision Date 4/5/2021 - 2 - 1442261.1 DEDICATEE (Zone 7): By: ________________________________ Name: ______________________________ Title: _______________________________ Date: _______________________________ UNITED STATES ARMY CORPS OF ENGINEERS By: ________________________________ Name: ______________________________ Title: _______________________________ Date: _______________________________ REGIONAL WATER QUALITY CONTROL BOARD By: ________________________________ Name: ______________________________ Title: _______________________________ Date: _______________________________ Revision Date 4/5/2021 - 3 - 1442261.1 EXHIBIT A – LEGAL DESCRIPTIONS G:\JOB2008\081076BR\SURVEY\DESCRIPTIONS\LEGAL - BURDEN AREA.DOCX Exhibit A – Legal Description Burdened Area – City 1 Real property situate in the City of Dublin, County of Alameda, State of California, and being a portion of Arnold Road previously dedicated and accepted on the following recorded maps; Parcel Map 7042 – Santa Rita Property filed on March 31, 1997 in Book 229 of Parcel Maps, at Page 50 Official Records of said County, and the final subdivision map of Tract 8309 – Filmore / Sunset at Boulevard filed on July 31, 2017 in Book 349 of Maps, at Page 26 Official Records of said County, and Parcel Map 7395 filed on October 31, 2000 in Book 254 of Parcel Maps, at Page 28 Official Records of said County, and being more particularly described as follows: Beginning at a point on the western line of Arnold Road, said point being the southeastern corner of Parcel D as shown upon map of Tract 8361 filed on June 14, 2018 in Book 355 of Maps at Page 1, Official Records of Alameda County; thence along the western line of Arnold Road North 1°23’35” East 168.64 feet; thence across Arnold Road the following three (3) courses to a point on the western line of Arnold Road: (1)South 89°15’44” East 24.30 feet, (2)South 1°23’35” West 354.49 feet, and (3)North 88°29’17” West 24.30 feet, Thence along said western line of Arnold Road North 1°23’35” East 185.53 feet to the Point of Beginning Containing 8,610 square feet, more or less. See Exhibit B – Plat to Accompany Legal Description which is attached hereto and made a part hereof End of description. Prepared by: ________________________________ ____________________ Kirkpatrick P Myers, LS 9009 Date 12/18/2020 G:\JOB2008\081076BR\SURVEY\DESCRIPTIONS\LEGAL - BURDEN AREA.DOCX Exhibit A – Legal Description Burdened Area – City 2 Real property situate in the City of Dublin, County of Alameda, State of California, and being a portion of Arnold Road previously dedicated and accepted on the following recorded maps; Parcel Map 7042 – Santa Rita Property filed on March 31, 1997 in Book 229 of Parcel Maps, at Page 50 Official Records of said County, and the final subdivision map of Tract 8309 – Filmore / Sunset at Boulevard filed on July 31, 2017 in Book 349 of Maps, at Page 26 Official Records of said County, and Parcel Map 7395 filed on October 31, 2000 in Book 254 of Parcel Maps, at Page 28 Official Records of said County, and being more particularly described as follows: Beginning at a point on the western line of Arnold Road, said point being the northeastern corner of Parcel C as shown upon map of Tract 8309, filed on July 31, 2017 in Book 349 of Maps at Page 26, Official Records of Alameda County; thence across Arnold Road the following four (4) courses to a point on the western line of Arnold Road: (1)South 88°24’09” East 25.00 feet, (2)South 1°23’35” West 279.00 feet, (3)South 2°52’15” West 59.26 feet, and (4)North 89°03’11” West 23.47 feet, Thence along said western line of Arnold Road North 1°23’35” East 338.51 feet to the Point of Beginning Containing 8,414 square feet, more or less. See Exhibit B – Plat to Accompany Legal Description which is attached hereto and made a part hereof End of description. Prepared by: ________________________________ ____________________ Kirkpatrick P Myers, LS 9009 Date 12/18/2020 G:\JOB2008\081076BR\SURVEY\DESCRIPTIONS\LEGAL - BURDEN AREA.DOCX Exhibit A – Legal Description Burdened Area – Developer 1 Real property situate in the City of Dublin, County of Alameda, State of California, and being portions of Parcel C as shown upon map of Tract 8362, filed on November 30, 2018 in Book 357 of Maps at Page 84, Official Records of Alameda County, and Parcel D as shown upon map of Tract 8361 filed on June 14, 2018 in Book 355 of Maps at Page 1, Official Records of Alameda County and being more particularly described as follows: Beginning at the northeast corner of said Parcel C; thence along the eastern line of said Parcel C South 1°23’35” West 185.53 feet; thence across said Parcel C to a point on the western line of said Parcel C North 88°29’17” West 30.00 feet; thence along the western line of said Parcels C and D North 1°23’35” East 353.76 feet; thence across said Parcel D to a point on the eastern line of said Parcel D South 89°15’44” East 30.00 feet; thence along the eastern line of said Parcel D South 1°23’35” West 168.64 feet to the Point of Beginning Containing 10,619 square feet, more or less. See Exhibit B – Plat to Accompany Legal Description which is attached hereto and made a part hereof End of description. Prepared by: ________________________________ ____________________ Kirkpatrick P Myers, LS 9009 Date 12/18/2020 G:\JOB2008\081076BR\SURVEY\DESCRIPTIONS\LEGAL - BURDEN AREA.DOCX Exhibit A – Legal Description Burdened Area – Developer 2 Real property situate in the City of Dublin, County of Alameda, State of California, and being a portion of Parcel C as shown upon map of Tract 8309, filed on July 31, 2017 in Book 349 of Maps at Page 26, Official Records of Alameda County, and being more particularly described as follows: Beginning at the northeast corner of said Parcel C; thence along the eastern line of said Parcel C South 1°23’35” West 338.51 feet; thence across said Parcel C to a point on the western line of said Parcel C North 89°03’11” East 30.00 feet; thence along said western line to the northwest corner North 1°23’35” East 338.85 feet; thence along the northern line of said Parcel C South 88°24’09” East 30.00 feet to the Point of Beginning Containing 10,160 square feet, more or less. See Exhibit B – Plat to Accompany Legal Description which is attached hereto and made a part hereof End of description. Prepared by: ________________________________ ____________________ Kirkpatrick P Myers, LS 9009 Date 12/18/2020 Revision Date 4/5/2021 - 4 - 1442261.1 EXHIBIT B – SCARLET DRIVE 404 PERMIT Revision Date 4/5/2021 - 5 - 1442261.1 EXHIBIT C – LTMP (PLACEHOLDER) TO BE UPDATED WITH FINAL APPROVED LTMP PRIOR TO RECORDATION Revision Date 4/5/2021 - 6 - 1442261.1 EXHIBIT D – MMP (PLACEHOLDER) TO BE UPDATED WITH FINAL APPROVED MMP PRIOR TO RECORDATION Revision Date 4/5/2021 - 7 - 1442261.1 EXHIBIT E - SCARLET DRIVE 401 PERMIT (PLACEHOLDER)