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47.To the extent permitted by law, the project applicant 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, action, or proceeding brought by a third party against the indemnified parties and the applicant 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. 48.AII conditions of approval shall be attached to all permit plan sets submitted for review and approval, whether stapled to the plans or located on a separate plan sheet. 49.Planning Division approval is required before any changes are implemented in site design, grading, building design, exterior colors or materials, landscape material, etc.. 50.Before project final, all landscaping shall be installed, review, and approved by the Planning Division. 51.Prior to occupancy, the landscape architect or landscape designer shall certify in writing to the Director of Community Development that the landscaping has been installed in accordance with the approved landscape and irrigation plans with respect to size, number, and species of plants and overall design concept. 52.The project developer must provide to the Director of Community Development a building height certification performed by a licensed land surveyor or civil engineer. Said certification must allow for the installation of finished roof materials and must meet the approved building height. 53.The approved building materials and colors shall be stated on the plans submitted for issuance of building permits. 54.The project developer shall comply with the recommendations of the tree report prepared for David Babcock and Associates by Hort Science, dated March 6, 2014 and April 4, 2014. No tree trimming or pruning other than that specified in the tree report shall occur. The project developer shall arrange for the horticultural consultant to conduct a field inspection prior to issuance of City permits to ensure that all recommendations have been properly implemented. The consultant shall certify in writing that such recommendations have been followed. 55.The project developer shall post cash, letter of credit, or other security satisfactory to the Director of Community Development in the amount of $5,000 for each tree required to be preserved, up to a maximum of $25,000. This cash bond or security PUD-85-02-02D-06M, Lexus of Pleasanton Page 9 of 24