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EXHIBIT A <br /> PUD-02-09M <br /> Final Conditions of Approval <br /> Safeway Fuel Center <br /> 6782 Bernal Avenue <br /> September 4, 2012 <br /> STANDARD CONDITIONS OF APPROVAL <br /> Planning <br /> 1. The proposed Safeway Fuel Center shall be constructed in substantial conformance to <br /> Exhibit D, dated "Received, July 12, 2012," on file with the Planning Division, except as <br /> modified by the following conditions. Minor changes to the plans may be allowed subject <br /> to the approval of the Director of Community Development. <br /> 2. Except as modified below, all other Conditions of Approval of PUD-0207M and PUD-02- <br /> 08M shall remain in full force and effect. <br /> 3. The PUD development plan approval covered by this modification shall lapse two years <br /> from the effective date of this ordinance unless a building permit is obtained. <br /> 4. To the extent permitted by law, the project applicant shall defend (with counsel reasonably <br /> acceptable to the City), indemnify and hold harmless the City, its City Council, its officers, <br /> boards, commissions, employees and agents from and against any claim, action, or <br /> proceeding brought by a third party against the indemnified parties and the applicant to <br /> attack, set aside, or void the approval of the project or any permit authorized hereby for <br /> the project, including (without limitation) reimbursing the City its attorneys fees and costs <br /> incurred in defense of the litigation. The City may, in its sole discretion, elect to defend <br /> any such action with attorneys of its choice. <br /> 5. Prior to issuance of a building permit, the project developer shall pay the required <br /> commercial development school impact fee as prescribed by State law and as adopted by <br /> the Pleasanton Unified School District. <br /> 6. 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 /> 7. Planning Division approval is required before any changes are implemented in site design, <br /> grading, design, colors or materials, landscape material, etc. <br /> 8. Prior to occupancy, the landscape architect or landscape designer shall certify in writing to <br /> the Director of Community Development that the landscaping has been installed in <br /> accordance with the approved landscape and irrigation plans with respect to size, number, <br /> and species of plants and overall design concept. <br /> 9. Before project final, all landscaping shall be installed, reviewed, and approved by the <br /> Planning Division. <br /> 10. The approved building materials and colors shall be stated on the plans submitted for <br /> issuance of building permits. <br /> Page 3 <br />