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maintenance and upkeep, or caused by the party <br /> 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 <br /> condition~ and, prior to approval of the final map, the <br /> developer shall enter into an agreement which, in the <br /> view of the City Attorney, appropriately protects the <br /> City from landslide and subsidence claims which may <br /> arise as a result of building this project on a <br /> hillside location. <br /> <br />28. Street lighting shall be provided by the developer and <br /> shall be designed to minimize intrusion of hillside <br /> lighting to the valley floor as concurred with by the <br /> Planning Director. The lighting system on the private <br /> road shall be approved by the City Engineer, installed <br /> by the developer and maintained by the homeowners <br /> association. <br /> <br />29. The deed restrictions for each lot shall indicate to <br /> potential buyers the responsibility of the owners for <br /> maintenance and repair of all common areas, roadways <br /> and private utility and service systems. <br /> <br />30. All private roadways and private utility systems on the <br /> project site shall be owned, maintained, and repaired <br /> and operated by the homeowners association. <br /> <br />31. The CC&R~s shall provide: <br /> <br /> a. that the City be granted an irrevocable right-of- <br /> entry for public safety and municipal purposes~ <br /> <br /> b. that if the project is to contain any private <br /> utility systems, the homeowners association shall <br /> maintain at all times a contract with a private or <br /> public entity, approved by the City, to maintain, <br /> repair and inspect those systems. Such maintenance <br /> contract shall provide that the Contractor file with <br /> the City Engineer semi-annually or annually a report <br /> certifying that those systems are in good repair and <br /> being properly maintained. The Contractor shall report <br /> all problems, wear and tear on the systems, and <br /> expected future service needs~ and <br /> <br /> c. that the City shall be named as a beneficiary of <br /> said CC&R~s and granted the power to enforce its <br /> provisions if the homeowners association fails to do <br /> so. <br /> <br />32. The private streets shall be paved and provide a <br /> driving surface of not less than 28 ft. curb-to-curb, <br /> be capable of supporting the imposed loads of fire <br /> apparatus, and have a minimum of 13 ft. 6 in. of <br />(as revised at the 2/8/89 Planning Commission Meeting) <br /> <br /> -5- <br /> <br /> <br />