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36. HOLD HARMLESS PROVISION: Pursuant to Section 6u . /4.9 of the Government <br /> Code, the subdivider shall defend, indemnify, and hold harmless the local agency or its <br /> agents, officers, and employees from any claim, action, or proceeding against the local <br /> agency or its agents, officers, or employees to attack, set aside, void, or annul an approval <br /> of the local agency, advisory agency, appeal board, or legislative body concerning a <br /> subdivision, which action is brought within the time provided for in Section 66499.37 of <br /> the Government Code. This Hold Harmless Provision including, but not limited to, any <br /> action that may be taken by U.S. Fish& Wildlife and/or California Dept. of Fish & Game <br /> pursuant to FESA and CESA relative to the lower fees collected pursuant to the SJMSCP <br /> before it is officially adopted. <br /> III. MOUNTAIN HOUSE COMMUNITY SERVICES DISTRICT (Staff Contact: Paul <br /> Sensibaugh 468-9997) <br /> GENERAL <br /> 37. All subdivision improvements shall be constructed in accordance with the requirements <br /> of the Design Guidelines,the Development Standards, Special Purpose Plan, Master <br /> Plan, Specific Plan I, master utility plans, and other standards adopted by the CSD. The <br /> developer shall also comply with the mitigation measures contained in the Mitigated <br /> Negative Declaration for the Tentative Map. <br /> 38. Except where provided otherwise in a Project Acquisition Agreement or Project <br /> Reimbursement Agreement,the developer of the first phase of the development shall <br /> construct an access road to the wastewater treatment plant site from Bethany Road. The <br /> road design shall comply with the requirements of the CSD General Manager. Plans and <br /> specifications for the access road shall be submitted to the CSD for review and approval <br /> prior to start of construction. The access road must be complete and acceptable to the <br /> CSD General Manager along with the recording of a road access easement secured by the <br /> developer for the CSD prior to the CSD accepting the Wastewater Treatment Plant for <br /> ownership, operation and maintenance. <br /> 39. Except where provided otherwise in a Project Acquisition Agreement, prior to the <br /> recording of any Final Map, all infrastructure facilities outside the boundary of the <br /> Tentative Map of Tract 2925 (water, sewer, storm drainage, electric power, natural gas, <br /> telephone, communications, etc.)necessary to serve Neighborhood F shall be in place <br /> and fully operational. The CSD General Manager may defer the installation of a facility if <br /> it can be demonstrated to the satisfaction of the CSD General Manager that it is not <br /> needed for the phase of Tract 2925 being developed. Any deferral will require the <br /> developer to provide the CSD a bond insuring the eventual construction of the facility. <br /> 40. Prior to the approval of the first Final Map, the Amendment to the Interim Funding <br /> Agreement(IFA) shall be fully executed and in full force and effect. <br /> 41. Groundwater rights shall be dedicated to the CSD upon approval of Final Maps. <br /> 42. All reference to approvals herein by the CSD shall be interpreted as approval by the <br /> General Manager except for those approvals specifically delegated by law to the Board of <br /> 8 <br /> 10/05/00 <br />