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<br />5. The developer shall provide all buyers with copies of the project conditions of approval. <br /> <br />6. The developer shall pay any and all fees to which the property may be subject prior to issuance of building <br />permits. The type and amount of the fees shall be those in effect at the time the building permits are issued. <br /> <br />7. The ownership and maintenance of the open space areas shall adhere to the requirements of the Open Space <br />Ownership and Maintenance Plan approved as part ofthis PUD development plan. The development plans <br />shall be modified to show Parcels A and B as separate lots owned by the project's homeowners association <br />and reflect the net decrease in the sq. ft. area of the adjacent residential lots. The landscape berm area along <br />the Nevis property's (PUD-99-9) Vineyard Avenue frontage shall be included within Parcel A, moving the <br />property lines of the residential lots to the top of the berm. These revisions shall be shown on the tentative <br />map submittal. <br /> <br />8. The applicant shall record CC&R's at the time of recordation of the final map that create a homeowners <br />association for the 23 lots in this project which are located on the south side of Vineyard Avenue. Prior to the <br />final filing ofthese CC&Rs with the California Department of Real Estate, the developer shall determine <br />whether the owner of the Lot 3 of the Jardin parcel (PUD-99-12) shall be excluded from participation in the <br />homeowners association. The CC&R's shall include all project conditions of approval and shall be subject to <br />the review and approval of the City Attorney prior to recordation of the final map. The association shall be <br />responsible for the maintenance of the two open space parcels, Parcels A and B, (as listed in the attached open <br />space management plan), the emergency vehicle access (EVA), all landscaping along the project's public <br />streets (from back of curb to back edge of 8 or lOft. public service easement where property fences are <br />located), all landscaping, soundwalls, berms, etc. between the southerly right-of-way line of Vineyard Avenue <br />and the south side of the landscape berms. The association shall also be responsible for performing an annual <br />inspection of all private stormwater drain inlets and v-ditches on the individual lots and making any necessary <br />repairs in the event the owner fails to, at his expense. Additionally, the association shall be responsible for <br />the maintenance of the vapor-collection system, if necessary, installed along the east edge ofthe McGuire <br />property (PUD-99-6). The City shall be granted the rights and remedies of the association, but not the <br />obligation, to enforce the maintenance responsibilities ofthe property owners association. <br /> <br />9. The four lots on the Gooch property shall be part of a private maintenance agreement for the maintenance and <br />repair of the private street serving these four lots. An agreement for this purpose shall be submitted for the <br />review and approval of the City Attorney prior to the recordation of a final map. This agreement shall also <br />include the maintenance of the portion of the private street on the adjacent Pleasanton Garbage Service parcel <br />until such time as a residence is built on that lot at which time that property owner would be required to be <br />added to this maintenance association. The landscaping along the Gooch property's Vineyard Avenue <br />frontage, from the top of the landscape berm to the back of the curb, shall be part of this maintenance <br />agreement. The City shall be granted the rights and remedies of the association, but not the obligation, to <br />enforce the maintenance responsibilities of the association. <br /> <br />10. The following disclosure shall be made to all potential loti home purchasers and recorded with the deed for <br />each individual lot: "You are hereby advised that this property is located near land zoned and/or used for <br />agricultural purposes. Agricultural use is defined as including but not limited to day and night time activity <br />relating to livestock grazing, the keeping of livestock, the growing and processing of agricultural crops, and <br />any commercial agricultural practices performed as incidental to or in conjunction with such operations. <br />Some of the impacts associated with agricultural use include but are not limited to noise, odors, dust, <br />chemicals, refuse, waste, unsightliness, use of agricultural equipment, and traffic. Permitted agricultural <br />pursuits conducted in accordance with good practice and maintenance are not deemed by the City of <br />Pleasanton to be a nuisance." All sales brochures and informational sheets shall contain this disclosure. <br />