ORD 0883 - Laserfiche WebLink

33. That prior to the filing of a final map, the CC&R's for the project shall be approved by the City Attorney and City Council. The CC&R's shall provide for a Homeowners Association with sufficient power to manage the common open space areas, and operate and maintain all commonly owned areas and facilities. The Budget, By-laws. and accounting systems shall also receive City staff approval befor~ a final map may be filed. 34. That the CC&R's shall provide: a. That the City be granted an irrevocable right-of-entry for public safety and municipal purposes; b. That the Homeowners Association shall maintain at all times a contract with a private or public entity, approved by the City, to maintain, repair and inspect sewer, water and storm drain facilities. Such maintenance contract ~hall provide that the contractor file with the City Engineer semi-annually a report certifying that the water system is in good repair and being properly maintained, and that the contractor file with the City Engineer annually a report certifying that the sewer and storm drain systems are in good repair and being properly maintained. Contractor shall report all problems, wear and tear on the systems, and expected future service needs. c. That the City shall be named as a beneficiary of said CC&R's and granted the power to enforce its provisions if the Homeowners Association fail to do so. 35. The Homeowners Association shall enter into an agreement to hold harmless, defend and indemnify the City, its officers and employees from any cause of action or claim for damage or injury caused by the roadways, sewers, water or storm drain facilities, or their mainten- ance and upkeep, or caused by the party contracted with for mainten- ance services and that the CC&R's shall make each homeowner chargeable for costs related to responsibilities provided for in this condition. -4- |