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III. COUNTY COUNSEL 1. Hold Harmless Provision: Pursuant to Section 66474.9 of the Government Code, the subdivider shall defend, indemnify, and hold harmless the local agency 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. IV. ENVIRONMENTAL HEALTH DEPARTMENT (Staff Contact Greg Oliveira 209- 468-3854) 1. The Environmental HE•alth Department has reviewed a Surface/Subsurface Contamination Report (Phase I Environmental Site Assessment) dated November 12, 2002 and a Limited Soil Sampling and Analysis Report dated July 28, 2003. Because over one year has elapsed since the preparation -)f the Surface/Subsurface Contamination Report, an addendum must be submitted to and approved by the Environmental Health Department prior to recordation of the Final Map. The addendum shall address possible contamination issues relating to the rupture of the nearby oil pipeline. 2. The Environmental HE alth Department requires the abandoned well(s) be destroyed under permit and inspection by the Environmental Health Department (San Joaquin County Development Title, Section 9-1115.5(e)). V. SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT (Staff Contact Chris J. Kalashiaan 559-230-5800) 1. The developer shall be subject to all applicable rules and regulations of the San Joaquin Valley Air Pollution Ccntrol District (SJVAPCD), including, but not necessarily limited to, Regulation VIII (Fugitive PM10 Prohibitions), Rules 8011-8081 (Reduction of PM10 Emissions), Rule 410' (Nuisance), Rule 4103 (Open Burning), Rule 4601 (Architectural Coatings), Rule 4641 Cutback, Slow Cure, and Emulsified Asphalt, Paving and Maintenance Operations), Rule 4901 (Wood Burning Fireplaces and Wood Burning Heaters), and Rule 9510 (Indirect Source Review). VI. Lammersvill Elementary School District (Staff Contact Doris M. Unsod 209- 836-7400) 1. The developer shall enter into full mitigation agreements with the Lammersville Elementary School District (LESD;. [Master Plan Implementation 5.1.3 Q).] Timing: Condition shall be met prior to approval of the first Final Map. 2. The portion of the K-8 school site designated on the Tentative Map shall be dedicated to LESD as required in tte school agreement between the applicant and Lammersville Elementary School District. [SPIII Implementation Measure 5.2.3 (n)] Timing: Condition shall be met prior to approval of the first Final Map or as set forth in the school agreement. 3. The school funding ag eements between the applicant and Lammersville Elementary School District and Tracy Unif ed School District shall be implemented to provide interim and permanent funding for school facilities, as evidenced by certificates of compliance from these jurisdictions stating thEt the developer has complied with funding requirements as per the 28