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38. If any prehistoric or historic artifacts, or other indication of cultural resources are found <br /> once the project construction is underway, all work must stop within 20 meters (66 feet) <br /> of the find. A qualified archaeologist shall be consulted for an immediate evaluation of <br /> the find prior to resuming groundbreaking construction activities within 20 meters of the <br /> find. If the find is determined to be an important archaeological resource, the resource <br /> shall be either avoided, if feasible, or recovered consistent with the requirements of <br /> Appendix K of the State CEQA Guidelines. In the event of discovery or recognition of <br /> any human remains in any on-site location, there shall be no further excavation or <br /> disturbance of the site or any nearby area reasonably suspected to overlie adjacent <br /> remains until the County coroner has determined, in accordance with any law <br /> concerning investigation of the circumstances, the manner and cause of death and has <br /> made recommendations concerning treatment and dispositions of the human remains to <br /> the person responsible for the excavation, or to his/her authorized representative. A <br /> similar note shall appear on the improvement plans. <br /> 39. The applicant shall pay any and all fees to which the property may be subject prior to <br /> issuance of building permits. The type and amount of the fees shall be those in effect at <br /> the time the building permit is issued. This includes, but is not limited to, the park <br /> dedication fees. <br /> 40. The applicant shall pay the applicable Zone 7 and City connection fees and water meter <br /> cost for any water meters, including irrigation meters. Additionally, the applicant shall <br /> pay any applicable Dublin San Ramon Services District (DSRSD) sewer permit fee prior <br /> to issuance of a building permit. <br /> Planning Division <br /> 41. The proposed General Plan Amendment and Planned Unit Development Rezoning and <br /> Development Plan shall conform substantially to the project plans, Exhibit B, marked <br /> "Received March 12, 2014," the project narrative marked "Received January 14, 2014," <br /> and the applicant's response to the Planning Commission Work Session marked <br /> "Received March 26, 2014," on file with the Planning Division, except as modified by the <br /> conditions of approval. Minor changes to the plans may be allowed subject to the <br /> approval of the Director of Community Development if found to be in substantial <br /> conformance to the approved exhibits. <br /> 42. The Planned Unit Development Development Plan shall lapse two years from the <br /> effective date of approval unless a building permit is obtained and construction diligently <br /> pursued, or the City has approved a time extension. <br /> 43. To the extent permitted by law, the applicant shall defend (with counsel reasonable <br /> acceptable to the City), indemnify and hold harmless the City, its City Council, its <br /> officers, boards, commissions, employees and agents from and against any claim <br /> (including claims for attorney's fees), action, or proceeding brought by a third party <br /> against the indemnified parties and the applicant to attack, set aside, or void the <br /> approval of the project or any permit authorized hereby for the project, including (without <br /> limitation) reimbursing the City its attorney's fees and costs incurred in defense of the <br /> PUD-101 (Kottinger Gardens) City Council <br /> 8 of 22 <br />