Reso 2021-124 Final Map DR Horton Bay

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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. (o) 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. 25. Miscellaneous. 25.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. TRACT MAP 8519 SUBDIVISION IMPROVEMENT AGREEMENT G:\- PROJECTS -\San Leandro - MapleLane (Manor Bowl)\City\Planning\Subdivision Improvement Agreement 903 Manor (CAO Edit 7.22.21)_ac AJ edit 8.11.21.docx PAGE 16 OF 20