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Community Development. The cash bond will be retained by the City until all the permanent landscaping is installed for the development, including individual lots, unless otherwise approved by the department. 53. The permit plan check package will be accepted for submittal only after the ordinance approving the PUD development plan becomes effective, unless the project applicant/ developer submits a signed statement acknowledging that the plan check fees may be forfeited in the event that the ordinance is overturned or that the design is significantly changed. In no case will a permit be issued prior to the effective date of the ordinance. 54. The project applicant or developer shall pay any and all fees to which the property may be subject prior to issuance of permits. The type and amount of the fees shall be those in effect at the time the permit is issued. STANDARD CONDITIONS OF APPROVAL Planning 55. The proposed development shall be in substantial conformance to Exhibit C, dated "Received, August 23, 2010," on file with the Planning Division, except as modified by the following conditions. Minor changes to the plans may be allowed subject to the approval of the Director of Community Development. 56. To the extent permitted by law, the project applicant or developer 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 (including claims for attorney's fees), action, or proceeding brought by a third party against the indemnified parties and the project applicant or developer 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. 57. All conditions of approval shall be attached to all permit plan sets submitted for review and approval, whether stapled to the plans or located on a separate plan sheet. 58. Planning Division approval is required before any changes are implemented in site design, grading, building materials and colors, green building measures, and landscape material. 59. The approved building materials and colors shall be stated on the plans submitted for issuance of building permits. 60. Prior to the issuance of the first occupancy permit, the landscape architect or landscape designer shall certify in writing to the Director of Community Development that the landscaping has been installed in accordance with the approved landscape and irrigation plans with respect to size, number, and species of plants and overall design concept. 11