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21. The preliminary design and details of all on-site project <br /> utilities shall be submitted in conjunction with the <br /> tentative map. It is intended that all roadways and storm <br /> drains would be private and maintained by the Homeowners' <br /> Association, while the water and sanitary system would be <br /> public. It is intended that all utilities would be located <br /> within the roadway network whenever possible. The sanitary <br /> sewer shown on Foothill Road shall be extended across the <br /> project frontage unless the City Engineer determines that <br /> the Moller property may gain sewerage service through the <br /> Muirwood Drive North system. The applicant shall provide a <br /> water service study satisfactory to the City Engineer, prior <br /> to approval of the tentative map, which details a system to <br /> serve the entire site. In the event a gravity system cannot <br /> be used, the applicant may use a pump-type system, subject <br /> to approval by the City Engineer. . However, the applicant <br /> shall pay a pro rata share of the ultimate gravity system, <br /> including installation of water tanks, pumps, service lines <br /> etc. including land and easement acquisition, which will <br /> ultimately serve this site. The prorata share of the <br /> ultimate water system shall be payable to the City at the <br /> time the final map is accepted. <br /> 22. There shall be no individual access driveways allowed onto <br /> Foothill Road. <br /> 23. All areas depicted on the final grading plan as being "grade <br /> to day light" shall be rounded and not left with any abrupt <br /> cut or fill. <br /> 24. The Homeowners' Association shall enter into an agreement to <br /> hold harmless, defend and indemnify the City, its officers <br /> and employees from any cause of action or claim for damage <br /> or injury caused by the private roadways, or private utility <br /> systems, or their maintenance and upkeep, or caused by the <br /> party contracted with for maintenance services, and the <br /> CC&R's shall make each homeowner chargeable for costs <br /> related to responsibilities provided for in this condition; <br /> and prior to approval of the final development plan, the <br /> developer shall enter into an agreement which, in the view <br /> of the City Attorney, appropriately protects the City from <br /> landslide and subsidence claims which may arise as a result <br /> of building this project on a hillside location. <br /> 25. Street lighting shall be provided by the developer and shall <br /> be designed to minimize intrusion of hillside lighting to <br /> the valley floor as concurred with by the Planning Director. <br /> The lighting system on the private road shall be approved by <br /> the City Engineer, installed by the developer and maintained <br /> by the homeowners' association. <br /> 26. The deed restrictions for each lot shall indicate to <br /> potential buyers the responsibility of the owners for <br /> maintenance and repair of all roadways and private utility <br /> and service systems. <br /> -6- <br />