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7. A restrictive covenant shall be recorded against the lot with the Alameda County <br /> Recorder's Office prior to issuance of a Building Permit. The restrictive covenant <br /> shall be subject to the review and approval by the City Attorney prior to <br /> recordation. The purpose of this restrictive covenant is to provide a vegetative <br /> barrier that will restrict views from the new balcony and addition into the back <br /> yard of the residence located at 5204 Hummingbird Road. Accordingly, the <br /> restrictive covenant shall contain the following language: <br /> a. The existing Mulberry tree along the western property line of <br /> 5196 Hummingbird Road shall be retained for the purpose of providing <br /> screening from the proposed addition and balcony. If the tree dies, <br /> Owners (or subsequent owners of the Property) shall promptly replace the <br /> tree with a similar species which shall be at least 24-inch box size. <br /> b. Four new Thuja Emerald Green trees, minimum 24-inch box size <br /> (anticipated to grow to a maximum height of 40 to 50 feet), shall be <br /> planted in the location specified and retained for the purpose of providing <br /> screening from the proposed addition and balcony. If the tree(s) die(s), <br /> Owners (or subsequent owners of the Property) shall promptly replace the <br /> tree with a similar species, which shall be at least 24-inch box size. <br /> c. The mulberry tree referenced in item a above and the new tree referenced <br /> in item b above shall be located as shown in the drawings attached as <br /> Exhibit A which is incorporated herein. <br /> 8. To the extent permitted by law, the project applicant shall defend (with counsel <br /> reasonably acceptable to the City), indemnify, and hold harmless the City, its City <br /> Council, its officers, boards, commissions, employees, and agents from and <br /> against any claim (including claims for attorney fees), action, or proceeding <br /> 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 <br /> hereby for the project, including (without limitation) reimbursing the City its <br /> attorney fees and costs incurred in defense of the litigation. The City may, in its <br /> sole discretion, elect to defend any such action with attorneys of its choice. <br /> (end) <br /> Page 2 of 2 <br />