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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. 9. 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. Biological Mitigation Measures 10. The final determination of the jurisdictional status over the intermittent and ephemeral watercourses of the Yee property will be made by the United States Army Corps of Engineers (USACE), the Regional Water Quality Control Board (RWQCB), and the California Department of Fish and Game (CDFG) in conjunction with their permitting processes before submittal of the tentative parcel map. Any impacts to a jurisdictional intermittent and /or ephemeral watercourse will require a 1602 Streambed Alteration permit from the. 11. Alameda Whipsnake To protect Alameda Whipsnakes from construction impacts, the applicant shall retain a qualified biologist at least 15 days before the onset of any construction, such as the entrance re- alignment, driveway installation, and building envelopes, to install a silt fence around these construction areas as well as along the entire upslope edge of all grading areas. The fence shall remain in place throughout the project grading and construction phases and may only be removed at the discretion of the biologist. The design and location of the silt fence shall be shown on all construction drawings including improvement plans, grading plans, site plans, and landscape plans to the satisfaction of the Planning Division prior to the issuance of a grading construction permit. Failure to maintain the silt fence shall result in the immediate issuance of a stop work order and cessation of activity. 12. Nesting Birds The applicant shall retain a qualified biologist to conduct a pre construction survey at least 15 days before the onset of construction to verify the presence of any endangered and /or threatened CDFG and USFWS bird species including burrowing owls, raptors, and migratory species, if project- construction is scheduled to occur during the nesting season as defined by the CDFG. If nesting birds are found, the applicant shall establish a fenced buffer area around the nest that shall be maintained until the young have fledged. Failure to maintain the fenced buffer area shall result in the immediate issuance of a stop work order and cessation of activity. Outside the breeding season, no pre- construction breeding bird surveys are required. 13. San Francisco Dusky- Footed Woodrat The applicant shall retain a qualified biologist to conduct a pre- construction nest survey at least 15 days before the onset of construction to verify the presence of active San Francisco Dusky Footed Woodrat nests. All active woodrat nests that would be directly impacted will be flagged and avoided if feasible. Failure to flag and avoid an active nest shall result in the immediate issuance of a stop work order and cessation of activity. If avoidance is not feasible, the nests shall remain 3