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maintenance and upkeep, or caused by the party <br />contracted with for maintenance services, and the <br />CC&R's shall make each homeowner chargeable for costs <br />related to responsibilities provided for in this <br />condition; and, prior to approval of the final map, the <br />developer shall enter into an agreement which, in the <br />view of the City Attorney, appropriately protects the <br />City from landslide and subsidence claims which may <br />arise as a result of building this project on a <br />hillside location. <br />28. Street lighting shall be provided by the developer and <br />shall be designed to minimize intrusion of hillside <br />lighting to the valley floor as concurred with by the <br />Planning Director. The lighting system on the private <br />road shall be approved by the City Engineer, installed <br />by the developer and maintained by the homeowners <br />association. <br />29. The deed restrictions for each lot shall indicate to <br />potential buyers the responsibility of the owners for <br />maintenance and repair of all common areas, roadways <br />and private utility and service systems. <br />30. All private roadways and private utility systems on the <br />project site shall be owned, maintained, and repaired <br />and operated by the homeowners association. <br />31. The CC&R's shall provide: <br />a. that the City be granted an irrevocable right-of- <br />entry for public safety and municipal purposes; <br />b. that if the project is to contain any private <br />utility systems, the homeowners association shall <br />maintain at all times a contract with a private or <br />public entity, approved by the City, to maintain, <br />repair and inspect those systems. Such maintenance <br />contract shall provide that the Contractor file with <br />the City Engineer semi-annually or annually a report <br />certifying that those systems are in good repair and <br />being properly maintained. The Contractor shall report <br />all problems, wear and tear on the systems, and <br />expected future service needs; and <br />c. that the City shall be named as a beneficiary of <br />said CC&R's and granted the power to enforce its <br />provisions if the homeowners association fails to do <br />so. <br />32. The private streets shall be paved and provide a <br />driving surface of not less than 28 ft. curb-to-curb, <br />be capable of supporting the imposed loads of fire <br />apparatus, and have a minimum of 13 ft. 6 in. of <br />(as revised at the 2/8/89 Planning Commission Meeting) <br />-5- <br />