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responsible for the maintenance of all common utilities and stormwater treatment measures/areas, common access driveway and parking, and other facilities specified in the approval. The buildings, driveway aprons, landscape, and lot- specific drainage shall be the responsibility of the individual owner for the lot. The CC&R's shall be subject to the review and approval of the City Attorney prior to recordation of the final map. The City shall be granted the rights and remedies of the association, but not the obligation, to enforce the maintenance responsibilities of the association. 38. The developer shall pay any and all fees to which the property may be subject to prior to issuance of building permits. The type and amount of the fees shall be those in effect at the time the building permit is issued. 39. All demolition and construction activities, inspections, plan checking, material delivery, staff assignment or coordination, etc., shall be limited to the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday. No construction shall be allowed on State or Federal Holidays. The Director of Community Development may allow earlier "start times" or later "stop times" for specific construction activities (e.g., concrete pouring) if it can be demonstrated to the satisfaction of the Director of Community Development that that the expanded construction hours are necessary (e.g., the concrete foundations need to be poured early due to weather conditions). All construction equipment must meet Department of Motor Vehicles (DMV) noise standards and shall be equipped with muffling devices. Prior to construction, the hours of construction shall be posted on site. 40. The recorded deed of sale for all lots covered by this PUD Development Plan approval shall include separately recorded disclosure statements or restrictive covenants indicating the following: a. That the property is in an area subject to noise, activity, and traffic impacts associated with a Downtown location. b. The adjacency of the Union Pacific Railroad and possible noise, including noise from train whistles and horns, and vibration impacts from said railroad. c. That additions to the homes and garages for Lots 1-12 are prohibited. d. That the residents, tenants, guests, etc., are prohibited from parking in the red-curb areas along Lots 3-8. e. Grading, site improvements/changes, development, including, but not limited to, accessory structures, pools, retaining walls, etc. will not be allowed to encroach into the 15-feet slop setback for Lots 4-7. 13-Unit)Development Plan Ponderosa Homes PUD-97, Conditions of Approval 9 of 32 420;2 Stanley Boulevard