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STANDARD CONDITIONS OF APPROVAL Community Development Department 74. 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. 75. The project applicant or developer shall submit a refundable cash bond for hazard and erosion control. The amount of this bond will be determined by the Director of 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. 76. 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. STANDARD CONDITIONS OF APPROVAL Planning 77. The proposed development shall be in substantial conformance to Exhibit D, dated "Received, June 29, 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. 78. 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. 79. All conditions of approval for this development plan shall be reprinted and included as a plan sheet(s) with the improvement plan check sets including grading, improvement/ construction, and landscaping plans, which shall be kept on the project site at all times. The applicant may request these conditions of approval be attached to the plan set as a separate document which he /she is responsible for obtaining and ensuring the conditions are securely attached. It is the responsibility of the applicant to ensure that the project contractors are aware of, and abide by, the approved plans and all conditions of approval. 80. Planning Division approval is required before any changes are implemented in site design, grading, building materials and colors, green building measures, and landscape material. 22