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The developer,shall bond for.or fund construction,for the' developers fair share cost prior to the filing of the*st Final Map .,h 45. 1Nater:Treatment Plant Under the direction of the MHCSD the applicant shall fund, design and ovide the c consfruct the last phased expansion of the water treatment plant(WTI?)to prapacity - required to serve Tract [Vo:3fi01,,prior to Issuance`of the first building permit. ReL cognizing that there may be.agreements between the'developers fo�'shanng capacity and.also recognizing that:the '; f MHCSD is not a,party to and.has no control over such'agreements;bonding for construction shall,'be discretion of the General Manager. Issuance of building permits shall cease-if constructio ' provided prior to approval of the first final map and beginning of construction shall be at the g g p n'does'not, begin when directed by the General Manager. 46. Other Water S sfem Facilities:Water storage requirpements, booster pumstation and looping.of, the water distribution system pipelines shall be done in accordance with the Water Master Plan and as directed by the MHCSD prior to issuance of the first building permit in SP III` Construction of one tank-may be allowed if an-engineering analysis shows that the second tank may be constructed at a later-'date without adverse impact on the first tank and/or existing customers of MHCSD. Each phase of SPIII will be reviewed to confirm the existing "in-place" infrastructure is adequate to provide MHCSD Design Standards. 47. BBID Canal: The BBID canal easement is to be abandoned prior to recordation of first Final Map. 48. Hold Harmless Provision: The subdivider shall defend, indemnify, and'hold harmless the MHCSD, its agents, officers, and employees, from any claim, action, or proceeding against the MHCSD, its agents, officers, or employees, to attack, set aside, void, or annul an approval of MHCSD concerning any MHCSD condition, which action is brought within the time provided for in Section 66499.37 of the Government Code. " 49. Landscaping and Architecture: A. All in-tract landscaping and utility RAW areas and all other landscape and open space areas that were not in the original Master Pian, the MHCSD Parks, Recreation and Leisure Plan, the TIF or the CFF (January, 2003) as determined by MHCSD, will require a funding mechanism such as HOA or Landscape and Lighting Maintenance District 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. This subdivision shall be a part of the financing mechanism (Lighting and Landscape Maintenance District) to be established for the entire SP III Open Space Corridor and Landscape System. Timing: 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 within the entire Neighborhood 'AIB'. Design shall be consistent with all Community Approvals including applicable provisions of the MHCSD Design Manual and any applicable Special Purpose Plan. 'Timing: Improvement Plans approved by CDD and MHCSD prior to approval of first Final Map. C. The applicant shall update, as necessary to incorporate Tract 3601, and submit Landscape Guidelines for the entire Neighborhood 'A/B'. Landscaping and architectural design of public and open space areas shall implement the common design theme for the neighborhood and 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 the first building permit. Conditions of Approval - 21 - PA-0700093