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fire access road that is located outside the Project boundaries because such road has already been <br />constructed, Developer shall have the responsibility for certain incremental costs associated with such <br />construction as provided herein. If the Developer constructs a fire access road that is located outside <br />the Project boundaries that benefits other property owners, Developer and City shall enter into a <br />reimbursement agreement to permit Developer to recover from those benefited those costs associated <br />with the improvements that such property owners were obligated to construct. If the Project is phased, <br />Lots 8-51 shall only be developed with the fire access roads described herein constructed or under <br />construction. Developer shall include in the CC&R's a provision that the Oak Grove Homeowners <br />Association will defend and indemnify the Grey Eagle Estates Homeowners Association, the Kottinger <br />Ranch Homeowners Association and/or individual property owners within those subdivisions for <br />claims arising out of the public's use of the fire access roads. If the City enters into a separate <br />agreement with the Grey Eagle Estates Homeowners Association, the Kottinger Ranch Homeowners <br />Association, and/or individual property owners within those subdivisions concerning defense and <br />indemnification for claims arising out of the public's use of the fire access roads, Developer shall <br />include in the CC&R's a provision that the Oak Grove Homeowners Association will defend and <br />indemnify the City for such claims. <br />