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members, oflicers, and employees from any claims or actions arising out of the presence, if any, of <br />hazardous wastes or pollutants on the property, unless hazardous wastes or pollutants were caused to be <br />there by the City. <br />H. Soil Correction . The Developer shall be responsible for soil correction work on the <br />property. The City makes no representation to the Developer concerning the nature of suitability ofsoi Is <br />northecostofcomctinganyunsuitdrlesoilconditionswhichmayexist On lots which have no fill material <br />a soils report from a qualified soils engineer is not required unless the City's building inq>ection department <br />determines from observation that there may be a soils problem. On lots with fill material that have been <br />mass graded as part of a multi-lot grading project, a satisfactory soils report fiom a qualified soils oigineer <br />diall be provided befiire the City issues abuilding permit for the lot On lots with fill material that have been <br />custom graded, a satisfiictoiy soils report fiom a qualified soils engineer shall be provided before tlie City <br />inspects the foundation for a building on the lot. <br />I. Construction Plans . In conjunction with replication for building permit, the developer <br />shall provide the City with three complete sets of full-size construction plans and four sets of 11 ”x 17 ” <br />reduced construction plan sets and three sets of specifications. <br />J. Certificate of Occupancy. ACertificateofOccupancyforthebuildingwillbeissued <br />to the Developer only upon completion and City acceptance of all improvements required by this <br />Agreement, except that upon approval of the City Engineer and Plarming Director, a Certificate of <br />Occupancy may be issued subject to completion of landscape plantings. <br />K. Developer Responsibilities after Assignment to Condominium Owners Association . <br />Regardless whether the Condominium Owners Association has taken control of the si te pursuant to State <br />Statutes, the developer shall remain responsible for completion and satisfaction of all terms of this <br />Agreement. <br />2. <br />3. <br />4. <br />L. Covenants . Developer shall establish covenants governing the development and <br />containing as a minimum the following elements: <br />1. Creation of Homeowners Association. <br />EstabUshing rights & responsibilities of Homeowners Association and/or others. <br />Addressing property maintmance responsibilities, including maintenance of the common <br />areas, private roads, driveways and parking areas and other facilities, etc. <br />Establishing specific covenants additionally address the following: <br />a. The City’s Public Works operation may be a 24-hour operation dependent on <br />weather and other emergency situations. Covenants shall include a provision <br />requiring disclosure to Lofts unit buyers regarding the Lofts building proximity to <br />Publ ic Works to help limit the expected complaints about City activity and noise <br />fiom the Public Works site. <br />La nguage should be incoipcwated that documents police dqiartment accessibility <br />(right-of-entry) and rights to enftxce paricing or other laws or ordinances on pri vate <br />roads or common areas. <br />b. <br />GC-8 <br />I <br />!