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responsible for paying their pro-rata share of the maintenance costs for all <br />landscape and open space areas, as well as the project entryway. The <br />maintenance of the landscape berm and soundwall along this property's <br />Vineyard Avenue frontage shall be included within the responsibilities of <br />this homeowners association. The City shall be granted the rights and <br />remedies of the association, but not the obligation, to enforce the <br />maintenance responsibilities of the property owners association. A copy of <br />this agreement adding these two lots to that association and the inclusion of <br />the landscape berm into the associations' maintenance responsibilities shall <br />be provided for the review and approval of the City Attorney prior to the <br />recordation of a final map. <br /> <br />The following disclosure shall be made to all potential lot/home purchasers <br />and recorded with the deed for each individual lot: "You are hereby <br />advised that this property is located near land zoned and/or used for <br />agricultural purposes. Agricultural use is defined as including but not <br />limited to day and night time activity relating to livestock grazing, the <br />keeping of livestock, the growing and processing of agricultural crops, and <br />any commercial agricultural practices performed as incidental to or in <br />conjunction with such operations. Some of the impacts associated with <br />agricultural use include but are not limited to noise, odors, dust, chemicals, <br />refuse, waste, unsightliness, use of agricultural equipment, and traffic. <br />Permitted agricultural pursuits conducted in accordance with good practice <br />and maintenance are not deemed by the City of Pleasanton to be a <br />nuisance." Also, the recorded deed of sale for the lots shall include a clause <br />which states that the property is in an area subject to excessive noise, dust, <br />and vibration levels from gravel harvesting and processing and that the City <br />of Pleasanton is not liable for possible damages to such impacts. This <br />noise/dust/vibration easement shall be recorded in the deed of sale and a <br />separate disclosure statement shall be provided to prospective purchasers <br />and tenants by lot owners, developers, and future successors in interest. <br />The disclosure statement shall provide full disclosure of the potential future <br />mining operations within the Specific Plan Area. Also, the recorded deed <br />of sale for the lots shall include a disclosure statement indicating the close <br />proximity of the Plan Area to the Livermore Airport and of possible <br />impacts due to aircraft overflights. All sales brochures and informational <br />sheets shall contain these disclosures. <br /> <br />Architecture <br /> <br />8. The design of the custom homes shall adhere to the requirements of the <br /> design guidelines approved as part of this PUD development plan, with the <br /> following additions: <br /> <br />P~e2 <br /> <br /> <br />