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33. Back yard grading for drainage to the street shall follow MHCSD standards and will be considered on important inspection point. See MHCSD standard specifications regarding drainage and under sidewalk drain (Detail 114). 34. MHCSD approved catch basin inserts shall be installed by the builders prior to beginning of construction. 35. The builders shall be responsible for the maintenance and repair of all catch basin inserts installed within the right-of-way. 36. USA shall be contacted 48-hours prior to any lateral crossing of a joint trench or trenching within the right-of-way. 37. "Recyclable Construction Waste" Recycling of construction wastes, such as wood and metal, shall be made part of the improvement plans and construction specifications for contractors in compliance with MHCSD requirements. 38. The MHCSD's designated waste hauler, West Valley Disposal, shall be used for disposal of waste material and recycling of recyclable materials. No other waste haulers are allowed to be used. 39. Construction traffic shall comply with the Construction Truck Management Plan administered by the MHCSD. Project construction plans shall include specifications to the contractor outlining compliance requirements. 40. An encroachment permit is required prior to using water for construction purposes from hydrant or any other potable water source. 41. Hold Harmless Provision: Pursuant to Section 66474.9 of the Government Code, the subdivider shall defend, indemnify, and hold harmless the local agencies, the MHCSD or its agents, officers, and employees from any claim, action, or proceeding against the local agency or its agents, officers, or employees to attack, set aside, void, or annul an approval of the local agency, advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought within the time provided for in Section 66499.37 of the Government Code. This Hold Harmless Provision including, but not limited to, any action that may be taken by U.S. Fish &Wildlife and/or California Dept. of Fish & Game pursuant to FESA and CESA relative to the lower fees collected pursuant to the SJMSCP before it is officially adopted. 42. Landscaping and Architecture: A. All in-tract landscaping and utility R/W areas and all other landscape areas that were not in the original Master Plan, the MHCSD Parks, Recreation and Leisure Plan, the TIF or the CFF (January, 2003)as determined by MHCSD, will require a funding mechanism as determined by MHCSD. These areas will require establishment of a maintenance entity or financing mechanism acceptable to MHCSD to provide funding for maintenance of, and if necessary, replacement at the end of the useful life of improvements including, but not limited to landscaping, pathways, walls, and all improvements serving or for the special benefit of this subdivision. The financing mechanism shall be completed and adopted by the Board of Directors prior to the approval of the first Final Map. B. The Applicant shall comply with the landscaping and architectural theme to be used in Neighborhood 'G'. Design shall be consistent with all Community Approvals including applicable provisions of the MHCSD Design Manual and any applicable Special Purpose Plan. Timing: prior to approval of first Final Map. 9