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36. The approved building materials and colors shall be stated on the project plans <br /> submitted for issuance of building permits. <br /> 37. Prior to issuance of a building permit, the developer shall pay the required commercial <br /> development school impact fee as prescribed by state law and as adopted by the <br /> Pleasanton Unified School District. <br /> 38. This approval will lapse within two (2) years from the date of approval unless a <br /> building permit is issued and construction has commenced and is diligently pursued <br /> toward completion or the City has approved an extension. <br /> 39. All conditions of approval shall be attached to all permit plan sets submitted for review <br /> and approval, whether stapled to the plans or located on a separate plan sheet. <br /> 40. All demolition and construction activities, inspections, plan checking, material delivery, <br /> staff assignment or coordination, etc., shall be limited to the hours of 8:00 a.m. to <br /> 5:00 p.m., Monday through Saturday. No construction shall be allowed on State or <br /> Federal Holidays or Sundays. The Director of Community Development may allow <br /> earlier "start-times" or later "stop-times" for specific construction activities (e.g., <br /> concrete pouring, interior construction, etc), if it can be demonstrated to the <br /> satisfaction of the Director of Community Development that the construction noise and <br /> construction traffic noise will not affect nearby residents or businesses. All <br /> construction equipment must meet Department of Motor Vehicles (DMV) noise <br /> standards and shall be equipped with muffling devices. Prior to construction, the <br /> applicant shall post on the site the allowable hours of construction activity. <br /> 41. To the extent permitted by law, the project applicant shall defend (with counsel <br /> reasonable acceptable to the City), indemnify and hold harmless the City, its City <br /> Council, its officers, boards, commissions, employees and agents from and against <br /> any claim (including claims for attorneys fees) , action, or proceeding brought by a <br /> third party against the indemnified parties and the applicant to attack, set aside, or void <br /> the approval of the project or any permit authorized hereby for the project, including <br /> (without limitation) reimbursing the City its attorneys fees and costs incurred in defense <br /> of the litigation. The City may, in its sole discretion, elect to defend any such action <br /> with attorneys of its choice. <br /> 42. Campers, trailers, motor homes, or any other similar vehicle are not allowed on the <br /> construction site except when needed as sleeping quarters for a security guard. <br /> 43. The project developer shall post cash, letter of credit, or other security satisfactory to <br /> the Director of Community Development in the amount of $5,000 for each tree required <br /> to be preserved, up to a maximum of $25,000. This cash bond or security shall be <br /> retained for one year following completion of construction and shall be forfeited if the <br /> trees are destroyed or substantially damaged. No trees shall be removed other than <br /> those specifically designated for removal on the approved plans or tree report. <br /> 44. A construction trailer shall be allowed to be placed on the project site for daily <br /> administration/coordination purposes during the construction period. <br /> Landscaping <br /> 45. The project developer shall enter into an agreement with the City, approved by the City <br /> Attorney, which guarantees that all landscaping included in this project will be <br /> PUD-89 Page 5 <br />