Agmt 2006 Washington Springlake Properties LLC

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(1) To the extent possible, construction activities, including vehicles and workers, shall be excluded from sensitive habitat areas throughout the construction period. Temporary fencing shall be installed along the border between the development and the sensitive habitat areas and shall be posted with signs clearly stating that all construction vehicles and workers are prohibited from entering the sensitive habitat areas. Fencing and signage shall be installed prior to issuance of any building permits. Whenever necessary to ensure the protection of sensitive habitat areas the City may employ at applicant's expense consultants to inspect the construction staking and construction activity. (m) In the event that archaeological or historical resources are discovered during excavation/grading, work shall be suspended and a qualified archaeologist or historian shall be hired at Subdivider's expense to examine the findings and to recommend appropriate mitigation. Said mitigation shall be reviewed and approved by the Planning Commission and City Council. (n) All fill material imported to the project site shall be tested for toxicity. The applicant shall submit the results of such testing to the City. Fill material which has toxicity levels in excess of permissible local, state or federal levels shall not be used on the project site. (0) All metal fences and ancillary structures in the right-of-way and in close proximity to the transmission lines shall be grounded, in accordance with applicable specifications, to eliminate potential electric shocks. Appropriate cautionary signing shall also be installed. (p) Subdivider's responsibility for the treatment, management, or disposal of hazardous substances, hazardous wastes or hazardous materials (collectively, "Hazardous Substances") shall be no greater than nor less than that provided by and under federal, state and regional law (as may be implemented under local law). Notwithstanding the foregoing, Subdivider agrees to be responsible for the disposal of the soil and other material extracted from those roadway excavation by Subdivider during construction of the "required improvements" provided for herein, whether or not such excavation contain Hazardous Substances. Subdivider shall agree to be responsible for any additional conditions imposed by any other regulatory agency to the extent those conditions are necessary for the removal of the excavated soils and or the replacement of the removed soil, so long as such conditions do not require Subdivider to remediate any Hazardous Substances beyond the area of the project. (J TRACT MAP 7579 SUBDIVISION IMPROVEMENT AGREEMENT-public G:\_LD'-- Tract Map & Parcel Map\TM7579-WASHlNGTON & spnngIake\SUBIMP.AGR-public.doc PAGE 15 OF 16