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12. That, if desired by the owner of the Westfall property <br />immediately west of the subject site (4017 Stanley <br />Boulevard), the applicant shall grant an easement to provide <br />access to the new street from the east side of the adjacent <br />property. The details of the easement shall be subject to <br />prior review and approval by the Planning Director. <br />13. That the developer(s) shall establish a homeowners <br />association through the CC&R's for the project. The <br />association shall be responsible for maintaining all common <br />open space, private utilities, private streets, and other <br />common areas within the development. The City shall be <br />granted the rights and remedies of the association, but not <br />the obligation, to enforce the maintenance obligations. The <br />City Attorney shall review and approve the proposed CC&R's <br />prior to the recordation of a final map for any portion of <br />the project. <br />14. That the proposed cul-de-sac shall be a private street to be <br />owned and maintained by the homeowners association <br />established for the development. The area of the street <br />(from edge of curb/sidewalk to edge of curb/sidewalk) shall <br />be shown on the subdivision map for the property as a <br />separate parcel with the common open space area. <br />15. That the developer(s) shall make an open offer of dedication <br />for the necessary right-of-way dedication (approximately 33 <br />feet wide) across the full frontage of Stanley Boulevard. <br />The right-of-way dedication shall be based upon the Del <br />Valle Parkway precise alignment plan, and the specific <br />amount and timing of the dedication shall be subject to <br />final approval by the City Engineer. <br />16. That the developer(s) shall enter into a deferred street <br />improvements agreement with the City for completion of the <br />necessary street and related improvements along the Stanley <br />Boulevard frontage of the subject site at such time as the <br />complete street reconstruction project is implemented. The <br />extent of improvements shall comply with the adopted plan <br />for Del Valle Parkway, and the terms of said agreement shall <br />be as determined by the City Engineer and City Attorney. <br />17. That the developer shall submit preliminary drainage <br />calculations for the existing 12" storm drain line within <br />Rachael Place to ensure that there is adequate capacity <br />within the storm drain system. Said calculations shall be <br />submitted for review in conjunction with the application to <br />subdivide any portion of the subject property. <br />-16- <br />