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as the river discharges commence. Initiation of State Permit Application for land application of the treated discharge requirement shall parallel the treatment plant capacity condition noted above, as directed by the General Manager. C. The Wastewater Treatment Plant expansion requirement in Condition 26.A shall meet the requirements. of the Regional Water Quality Control Board (RWQCB) effluent permits, including compliance scheduling, testing and any infrastructure that may be required for long-term discharge into Old River. Additional treatments that may be required by the RWQCB for such pollutants as dissolved solids, metals and heat, etc., shall be addressed in the plant expansion. The developer shall bond for or fund construction for the developer's fair share cost prior to the filing of the first Final Map. 27. Water Treatment Plant: Under the direction of the MHCSD, the applicant shall fund, design and construct the last phased expansion of the water treatment plant(WTP)to provide the capacity required to serve Tract No.3557 prior to Issuance of the first building permit. Recognizing that there may be agreements between the developers for sharing capacity and also recognizing that the MHCSD is not a party to and has no control over such agreements, bonding for construe ion shall be provided prior to approval of the first final map and beginning of constru(:tion shall be at the discretion of the General Manager. Issuance of building permits shal cease if construction does not begin when directed by the General Manager. 28. Other Water System Facilities: Water storage requirements, booster pump station 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. 29. BBID Canal: The applicant shall reroute the canals as directed by BBID in order to ensure continued supply of agricultural irrigation water to lands remaining in agricultural use following construction. Timing: Approval of the rerouting and grading and improvement plans approved by MHCSD prior to approval of first Final Map. 30. 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. 31. Landscaping and Architecture: A. The All in-tract landscaping and utility R/W areas and all other landscape areas including Parks"A4', "B"and all open space areas 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 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. 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 'A/B'. Design shall be consistent with all Community 24