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42. The permit plan check package will be accepted for submittal only after the <br /> ordinance approving the PUD development plan becomes effective, unless the <br /> project developer submits a signed statement acknowledging that the plan check <br /> fees may be forfeited in the event that the ordinance is overturned or that the <br /> design is significantly changed. In no case will a permit be issued prior to the <br /> effective date of the ordinance. <br /> 43. The project developer/applicant shall submit a written dust control plan or <br /> procedure as part of the building permit plans. <br /> Planning <br /> 44. The seven-lot development plan covered by this approval shall be in substantial <br /> conformance to the development plan, Exhibit B, on file with the Planning Division, <br /> except as modified by the following conditions. Minor changes to the plans may be <br /> allowed subject to the approval of the Director of Community Development if found <br /> to be in substantial conformance to the approved exhibits. <br /> 45. To the extent permitted by law, the project developer/applicant shall defend (with <br /> counsel reasonably acceptable to the City), indemnify and hold harmless the City, <br /> its City Council, its officers, boards, commissions, employees and agents from and <br /> against any claim (including claims for attorneys fees), action, or proceeding <br /> brought by a third party against the indemnified parties and the project <br /> developer/applicant to attack, set aside, or void the approval of the project or any <br /> permit authorized hereby for the project, including (without limitation) reimbursing <br /> the City its attorneys fees and costs incurred in defense of the litigation. The City <br /> may, in its sole discretion, elect to defend any such action with attorneys of its <br /> choice. <br /> 46. The project developer/applicant shall work with the Pleasanton Unified School <br /> District (PUSD) to develop a program to offset this project's long term effect on <br /> school facility needs in Pleasanton in addition to the school impact fees required by <br /> State law. This program shall be designed to fund school facilities necessary to <br /> offset this project's reasonably related effect on the long-term need for expanded <br /> 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 building permit <br /> issuance. Written proof of compliance with this condition shall be provided by <br /> Project developer/applicant to the City, on a form generated by the PUSD, prior to <br /> building permit issuance. <br /> 47. Prior to building permit submittal, a list of the green building measures used in the <br /> design of the units covered by this approval shall be provided to the Planning <br /> Division for the review and approval by the Director of Community Development. <br /> The green building measures shall be shown on one of the first two pages of the <br /> plans submitted for issuance of a building permit. Each point identified shall <br /> have a notation indicating the sheet the point can be found, and each sheet <br /> shall note where the point is located. All proposed green building measures <br /> Page 7 of 22 <br />