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8.A. - Page 36 ATTACHMENT 1
<br /> 83. Applicant shall submit proposed Covenants, Conditions and Restrictions
<br /> (CC&R's) for the Pete's Harbor Residential Community, or any part, for
<br /> review and approval by the City prior to any Final Map approval. All property
<br /> owners must be members of their HOA. The submittal shall include an
<br /> estimate of costs and proposed level of maintenance for each of the
<br /> activities identified.
<br /> 84. The CC&Rs shall provide for funding and provision of maintenance of all
<br /> common facilities, such as streets and utilities, not accepted for
<br /> maintenance by a public agency. The CC&Rs shall stipulate that the HOA
<br /> is responsible for maintaining landscaping consistent with the Landscape
<br /> Maintenance Agreement. The CC&Rs shall be recorded as deed
<br /> restrictions with the Final Map.
<br /> 85. All privately maintained streets and utilities, including storm drain, sanitary
<br /> sewer and water facilities, within the development shall be maintained by
<br /> the HOA, as applicable.
<br /> 86. To the extent that any portions of Bair Island Road and/or Uccelli Boulevard
<br /> are privately owned and maintained streets, those portions that are currently
<br /> private streets shall remain private and shall be so noted on the Final Map.
<br /> 87. Prior to the application for any building permit for the site, two copies of the
<br /> approved and recorded CC&Rs shall be submitted to the City Engineer and
<br /> Planning Director.
<br /> 88. The CC&Rs shall describe how the storm water BMPs associated with
<br /> privately owned improvements and landscaping shall be funded and
<br /> maintained by the HOA.
<br /> 89. Applicant shall defend (with counsel approved by City), indemnify, and hold
<br /> harmless the City, its agents, officers, and employees from and against any
<br /> claim, action, or proceeding against the City or its agents, officers or
<br /> employees, to attack, set aside, void, or annul an approval of the Project,
<br /> including without limitation any related application, permit, certification,
<br /> condition, environmental determination, other approval, compliance or
<br /> failure to comply with applicable laws and regulations, and/or processing
<br /> methods ("Challenge"). If applicant does not promptly defend any
<br /> Challenge, City may (but is not obligated to) defend such Challenge as City,
<br /> in its sole discretion, determines appropriate, all at applicant's sole cost and
<br /> expense. The applicant shall bear any and all losses, damages, injuries,
<br /> liabilities, costs, and expenses (including, without limitation, staff time and
<br /> in-house attorney's fees on a fully-loaded basis, attorney's fees for outside
<br /> legal counsel, expert witness fees, court costs, and other litigation
<br /> expenses) arising out of or related to any Challenge ("Costs"), whether
<br /> incurred by Developer, City, or awarded to any third party, and shall pay to
<br /> the City upon demand any Costs incurred by the City. No modification of
<br /> ATTY/RESO.2967/CC PETE'S HARBOR—DENYING APPEAL AND APPROVING PROJECT
<br /> REV:03-18-14 VR
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