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<br />40. The deed restrictions for each lot shall indicate to potential <br />buyers the responsibility of the owners for maintenance and <br />repair of all roadways and private utility and service <br />systems. <br /> <br />41. The final design and details of all on-site project utilities <br />and off-site connections shall be submitted in conjunction <br />with the minor subdivision. It is intended that all roadways <br />and storm drains would be private and maintained by the <br />homeowners' association, while the water and sanitary system <br />would be public. It is intended that all utilities would be <br />located within the roadway network whenever possible. The <br />applicant shall grant a Public service Easement over these <br />roadways with public utilities. The applicant shall design <br />the water system to ultimately be fed from the 770 zone water <br />systems currently being planned. The interim water service <br />would be supplied from the 510 water zone. The applicant <br />shall install a water main for this future system from the <br />eastern property line of the Hempy subdivision to the southern <br />property line of the project site. The applicant shall pay a <br />prorata share of the ultimate 770 zone system, including the <br />installation of water tanks, pumps, service lines, etc. <br />including land and easement acquisition, which will ultimately <br />serve this site. The pro-rata share or estimate there of the <br />ultimate system shall be payable to the City at the time the <br />parcel map is approved. <br /> <br />42. The CC&R's shall provide: <br /> <br />a. that the homeowners' association shall maintain at all <br />times a contract with a private or public entity, <br />approved by the City, to maintain, repair and inspect all <br />private street and utility systems. Such maintenance <br />contract shall provide that the contractor file with the <br />City Engineer annually a report certifying that those <br />systems are in good repair and being properly maintained. <br />The contractor shall report all problems, wear and tear <br />on the systems, and expected future service needs; and <br /> <br />b. that the city shall be named as a beneficiary of said <br />CC&R's and granted the power to enforce its provisions if <br />the homeowners' association fails to do so. <br /> <br />c. the homeowners' association shall enter into an agreement <br />which, in the view of the city Attorney, appropriately <br />protects the city from landslide and subsidence claims <br />which may arise as a result of building this project on <br />a hillside location. <br /> <br />43. The private streets shall be paved and provide a driving <br />surface of not less than 28 feet of unobstructed width and be <br />capable of supporting the imposed loads of fire apparatus. <br />The final design of the project roadway shall be included in <br />