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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. C. The applicant shall submit a complete set of Landscape Guidelines for the entire Town Center for review and approval. Landscaping themes shall be distinct for each neighborhood. Landscaping and architectural design of public areas shall implement the common design theme for the Town Center and shall be consistent with all Community Approvals including applicable provisions of the MHCSD Design Manual and any applicable Special Purpose Plan. D. Roadway, streetscape, and landscaping shall be designed consistent with all Community Approvals including applicable provisions of the MHCSD Design Manual. E. Landscaping of Community and Neighborhood entries shall be installed concurrently with the landscaping of adjacent streets. Entries shall be designed consistent with all Community Approvals including applicable provisions of the MHCSD Design Manual, and shall be reviewed and approved by the MHCSD Public Works Director concurrently with the adjacent Street Improvement Plans. F. The roadway landscape construction plans shall be submitted for approval to the MHCSD Public Works Department concurrently with the Improvement Plans. G. The collector street network and landscape treatments shall comply with all Community Approvals including applicable provisions of the MHCSD Design Manual and MHCSD Standards. H. Landscaping architectural design of all parcels, designated as HOA or Landscape Maintenance District, shall be consistent with all Community Approvals, including applicable provisions of the MHCSD Design Manual and MHCSD Standards. The design plans associated with each phase of the development shall be completed and approved by the MHCSD Public Works Director prior to the approval of the Final Map for that phase. 18