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71. WATER TREATMENT PLANT. Nw. A. The applicant shall provide to MHCSD evidence of adequate water capacity to serve the project in the water treatment plant or the applicant shall fund, design and construct the last phased expansion of the water treatment plant(WTP)and/or systems necessary to meet these requirements prior to the approval of the first development Final Map. The final phase of the WTP shall include clearing the site of all extra components and constructing all necessary improvements to complete the WTP project as determined by MHCSD. 72. All water systems shall be designed and installed as looped system.The water system shall be in compliance with MHCSD Water Master Plan. 73. Construction Emissions: The applicant shall implement the Regulation VIII Control Measures of the SJVAPCD and applicable measures in Table 6-3 of the SJVAPCD Guide for Assessing and Mitigating Air Quality Impacts. This shall be noted on the improvement plans submitted for approval by MHCSD. 74. Construction-Related Erosion: The applicant and/or contractor shall comply with applicable NPDES General Construction Activities Storm Water Permit requirements established by the Clean Water Act. Pursuant to the NPDES Storm Water Program, a WDID number shall be noted on the Grading Plans. 75. The applicant, in conjunction with the MHCSD and school districts, shall address traffic control and standard traffic safety measures, such as"walk to school plans". 76. HOLD HARMLESS PROVISION: Pursuant to Section 66474.9 of the Government Code, the developer 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 includes, but is 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. 77. LANDSCAPING AND ARCHITECTURE A. All in-tract landscaping and utility RNV areas and all other landscape areas within Specific Plan II 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 such as HOA, Landscape Maintenance District or other funding mechanisms as approved by MHCSD. These areas will require establishment of a maintenance entity or financing mechanism acceptable to MHCSD to provide funding for maintenance 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 clearly identify the landscaping and architectural theme to be used in the Town Center, any Recreation areas, and other community facilities. Distinct themes shall be created to ensure that the Town Center has a separate architectural theme and shall be consistent with all Community Approvals including applicable provisions of the MHCSD Design Manual and any applicable Special Purpose Plan. 17