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<br />Subdivider's expense to examine the findings and to recommend appropriate mitigation. Said mitigation <br />shall be reviewed and approved by the Planning Commission and City Council. <br />(n) All fill material imported to the project site shall be tested for toxicity. The applicant shall <br />submit the results of such testing to the City. Fill material which has toxicity levels in excess of permissible <br />local, state or federal levels shall not be used on the project site. <br />(0) All metal fences and ancillary structures in the right-of-way and in close proximity to the <br />transmission lines shall be grounded, in accordance with applicable specifications, to eliminate potential <br />electric shocks. Appropriate cautionary signing shall also be installed. <br />(p) Subdivider's responsibility for the treatment, management, or disposal of hazardous <br />substances, hazardous wastes or hazardous materials (collectively, "Hazardous Substances") shall be no <br />greater than nor less than that provided by and under federal, state and regional law (as may be implemented <br />under local law). Notwithstanding the foregoing, Subdivider agrees to be responsible for the disposal of the <br />soil and other material extracted from those roadway excavation by Subdivider during construction of the <br />"required improvements" provided for herein, whether or not such excavation contain Hazardous <br />Substances. Subdivider shall agree to be responsible for any additional conditions imposed by any other <br />regulatory agency to the extent those conditions are necessary for the removal of the excavated soils and or <br />the replacement of the removed soil, so long as such conditions do not require Subdivider to remediate any <br />Hazardous Substances beyond the area of the project. <br /> <br />TRACT MAP 7810 <br />SUBDIVISION IMPROVEMENT AGREEMENT <br />G~LD\~ Tract Map & Parcel MaplTract MapslTM 7810 - 1537 HaysISUBIMP.AGR.doc <br />PAGE 15 OF 16 <br />