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The developer:shall bond for,or fund construction for the developer's fair share cost priptjo.the., filing of the first Final Map .� 45 'Water Treatment Plant Under the direction of the MHCSD the applicant shall fund, design and: construct the last phased expansrors of the water treatment plant(WTI?) to provide the capacity required to serge Tract N6.3601,prior to Issuance of the first building permit; Recognizing:that there n ay be;agreements:betweerrthe.d6ve16pors forshaphg papacity and;also re_cognizing;that..the `MHCSD is riot a party to and has no control over,.such agreements bonding for construction shall be, h 11 eat the prior royal ofthe-first fins! map. b-e�innin •nf constructions a b provided p or to app p. 9 .. 9 discretion of the General Manager: 'issuance of building permits shall cease if construction`does`not begin when directed by the General Manager. 46. Other Water System Facilities:Water storage requirements, booster pump station and loopirig 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.buiiding-permit in SP 111' Construction of one tank may beallowed if an engineering analysis shows that the second tank maybe 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 j 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 RM areas and all other landscape and open space areas that i 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 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 Ill 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 'AIB'- 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. i Conditions of Approval - 21 - PA-0700093