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10. The kitchen area in the ADA accessible units shall feature lowered work surfaces, grab bars, etc. The construction details shall be shown on the building permit plans prior to the issuance of building permit 11. At least sixteen, 24 -inch box size trees shall be planted to mitigate the removal of the Heritage -sized elm and redwood trees removed with this development. The species used shall be from the project plant list and shall be shown on the building permit plan set. 12. The applicant shall reroof the existing mailbox structure and repair the chain link fencing on the eastern property line adjoining the rail corridor before the first final inspection. 13. The project shall be subject to the terms of the Affordable Housing Agreement, Housing Commission on February 18, 2010, and any subsequent changes to the program approved by the City Council. 14. The applicant shall replace the proposed cobblestone treatments beneath the trees facing Bernal Avenue and Case Avenue with an organic mulch. 15. An updated parking count for the Civic Square Apartment development shall be provided with the building permit. 16. The new trash enclosures shall be sized to accommodate the refuse recycling carts used by the Pleasanton Garbage Service. The details shall be shown on the building permit plans prior to the issuance of building permit. 17. The new swimming pool shall include an "ADA lift" similar to the device used at the City's swim center or a comparable measure for ADA accessibility. The details shall be shown on the building permit plans prior to the issuance of building permit. 18. The existing tot lot and play equipment shall be located to the area shown on the development plan and shall be shown on the building permit plans. 19. The proposed building colors may be used on the existing Civic Square buildings. 20. Pursuant to Government Code sections 66020 and 65009, the 90 -day protest period regarding fees and exactions shall commence on the date of the City Council's approval of this project. 21. To the extent permitted by law, the project applicant shall defend (with counsel reasonably acceptable to the City), indemnify and hold harmless the City, its City Council, its officers, boards, commissions, employees and agents from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside, or void the approval of the project or any permit authorized hereby for the project, including (without limitation) reimbursing the City its attorneys fees and costs incurred in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its choice. 3