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WHEREAS, in order to retain the rural character of the Subdivision, OCEANSIDE <br /> desires to construct said roadways to include landscaped areas and other facilities within the <br /> roadways, all in accordance with approved construction drawings; and <br /> WI IEREAS, the County has agreed that OCEANSIDE may construct the roadways in <br /> accordance with approved construction drawings and that, as a prerequisite of dedication of the <br /> roadway improvements OCEANSIDE shall complete and formally agree to maintain such <br /> landscaping and other facilities and to secure such obligation with a good and sufficient surety <br /> bond (other than personal surety), letter of credit, or other security acceptable to the Chief <br /> Engineer of the Department of Public Works and approved by the Corporation Counsel. <br /> NOW, THEREFORE, the parties hereto agree as follows: <br /> 1. OCEANSIDE agrees to construct the roadways in accordance with approved <br /> construction drawings. The establishment of landscaping shall be completed prior to the <br /> Department of Public Works' inspection of the roadway improvements for the acceptance of <br /> dedication of those improvements. <br /> 2. OCEANSIDE shall maintain or by recorded covenant require the association of <br /> lot owners within the Subdivision to maintain the landscaped areas and facilities within the <br /> roadways in accordance with approved construction drawings and subject to periodic inspection <br /> by the COUNTY's Department of Public Works. Said maintenance shall include, but shall not <br /> be limited to, grass cutting, pruning of trees and shrubbery, repair and/or backfilling of any and <br /> all rutted or scoured areas, and periodic grading and landscaping of the shoulders to ensure that <br /> there is adequate drainage in the event that there is an accumulation of soil runoff within the <br /> shoulder and swale areas and within any drainage facilities. <br /> 2 <br />