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the adaptable units. The construction details shall be shown on the building permit plans <br /> prior to the issuance of building permit. <br /> 9. The kitchen area in the ADA accessible units shall feature lowered work surfaces, grab <br /> bars, etc. The construction details shall be shown on the building permit plans prior to <br /> the issuance of building permit <br /> 10. At least sixteen, 24 -inch box size trees shall be planted to mitigate the removal of the <br /> Heritage -sized elm and redwood trees removed with this development. The species <br /> used shall be from the project plant list and shall be shown on the building permit plan <br /> set. <br /> 11. The applicant shall reroof the existing mailbox structure and repair the chain link fencing <br /> on the eastern property line adjoining the rail corridor before the first final inspection. <br /> 12. The project shall be subject to the terms of the Affordable Housing Agreement, <br /> recommended by the Housing Commission on February 18, 2010, as approved by the <br /> City Council. <br /> 13. The applicant shall replace the proposed cobblestone treatments beneath the trees <br /> facing Bernal Avenue and Case Avenue with an organic mulch. <br /> 14. An updated parking count for the Civic Square Apartment development shall be provided <br /> with the building permit. <br /> 15. The new trash enclosures shall be sized to accommodate the refuse recycling carts <br /> used by the Pleasanton Garbage Service. The details shall be shown on the building <br /> permit plans prior to the issuance of building permit. <br /> 16. The new swimming pool shall include an "ADA lift" similar to the device used at the City's <br /> swim center or a comparable measure for ADA accessibility. The details shall be shown <br /> on the building permit plans prior to the issuance of building permit. <br /> 17. The existing tot lot and play equipment shalt be located to the area shown on the <br /> development plan and shall be shown on the building permit plans. <br /> 18. The proposed building colors may be used on the existing Civic Square buildings. <br /> 19. Pursuant to Government Code sections 66020 and 65009, the 90 -day protest period <br /> regarding fees and exactions shall commence on the date of the City Council's approval <br /> of this project. <br /> 20. To the extent permitted by law, the project applicant shall defend (with counsel <br /> reasonably acceptable to the City), indemnify and hold harmless the City, its City <br /> Council, its officers, boards, commissions, employees and agents from and against any <br /> claim, action, or proceeding brought by a third party against the indemnified parties and <br /> the applicant to attack, set aside, or void the approval of the project or any permit <br /> authorized hereby for the project, including (without limitation) reimbursing the City its <br /> attorneys fees and costs incurred in defense of the litigation. The City may, in its sole <br /> discretion, elect to defend any such action with attorneys of its choice. <br /> 3 <br />