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commissions, employees and agents from and against any claim (including claims for attorney's <br /> fees), action, or proceeding brought by a third party against the indemnified parties and the <br /> project developer to attack, set aside, or void the approval of the project or any permit authorized <br /> hereby for the project, including (without limitation) reimbursing the City its attorneys fees and <br /> costs incurred in defense of the litigation. The City may, in its sole discretion, elect to defend any <br /> such action with attorneys of its choice. <br /> 60. The project developer shall work with the Pleasanton Unified School District (PUSD) to develop a <br /> program to off-set this project's long-term effect on school facility needs in Pleasanton in addition <br /> to the school impact fees required by State law. This program shall be designed to fund school <br /> facilities necessary to offset this projects reasonably related effect on the long-term need for <br /> expanded school facilities. The method and manner for the provision of these funds and/or <br /> facilities shall be approved by the PUSD and in place prior to issuance of building permit. Written <br /> proof of compliance with this condition shall be provided by the project developer to the City, on a <br /> form generated by the PUSD, prior to building permit issuance. In no event shall construction <br /> commence unless the above method and manner for the provision of these funds and/or facilities <br /> has been agreed to by the project developer and PUSD. <br /> 61. Prior to building permit submittal, a list of the green building measures used in the design of the <br /> units covered by this approval shall be provided to the Planning Division for the review and <br /> approval by the Director of Community Development. <br /> The green building measures shall be shown on one of the first two pages of the plans submitted <br /> for issuance of a building permit. Each point identified shall have a notation indicating the <br /> sheet the point can be found, and each sheet shall note where the point is located. All <br /> proposed green building measures shall be shown throughout the plan set, as appropriate, as <br /> determined by the Director of Community Development. <br /> A special inspection by the Planning Division shall be coordinated with regards to landscaping, <br /> irrigation, and exterior materials. All of the green building measures indicated on the approved <br /> checklist shall be inspected and approved by either the City of Pleasanton, a third party rater, or <br /> the project developer shall provide written verification by the project engineer, architect, <br /> landscape architect, or designer. <br /> 62. All conditions of approval shall be attached to all permit plan sets submitted for review and <br /> approval, whether stapled to the plans or located on a separate plan sheet. <br /> 63. Planning Division approval is required before any changes are implemented in site design, <br /> grading, house design, house colors or materials, green building measures, landscape material, <br /> etc. <br /> 64. Prior to occupancy, the landscape architect or landscape designer shall certify in writing to the <br /> Director of Community Development that the landscaping has been installed in accordance with <br /> the approved landscape and irrigation plans with respect to size, number, and species of plants <br /> and overall design concept. <br /> 65. The developer and future homeowners are encouraged to use reclaimed gray water, rain water, <br /> etc., for landscape irrigation. If used, the details shall be shown on the permit plan set to the <br /> satisfaction of the Director of Community Development before issuance of a building permit. <br /> 66. The developer and future homeowners are encouraged to use best management practices for the <br /> use of pesticides and herbicides. <br /> 67. The project developer shall comply with the recommendations of the tree report prepared by <br /> dated "Received May 27, 2010". No tree trimming or pruning other than that specified in the tree <br /> report shall occur. The project developer shall arrange for the horticultural consultant to conduct <br /> Page 13 <br />