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Planning Division 42. To the extent permitted by law, the applicant shall defend (with counsel reasonable 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 (including claims for attorney's fees), 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 attorney's 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. 43. The applicant shall obtain all required City permits prior to construction. 44. The applicant shall work with the Pleasanton Unified School District (PUSD) to develop a program to offset this project's long term effect on school facility needs in Pleasanton in addition to the school impact fees required by State law. This program shall be designed to fund school facilities necessary to offset this project's reasonably related effect on the long-term need for expanded school facilities. The method and manner for the provision of these funds and/or facilities shall be approved by the PUSD and in place prior to building permit issuance. Written proof of compliance with this condition shall be provided by the applicant to the City, on a form generated by the PUSD, prior to building permit issuance. 45. The development shall comply with the current City of Pleasanton's Garbage Service's recycling and composting programs. 46. The electrical plan for the home shall provide telecommunications infrastructure consistent with state-of-the-art methods (e.g. cabling for DSL, broadband, or wireless service, wiring for total room access, etc.) in effect at the time that building permit(s) are issued. The plan shall be part of the building permit plan set. 47. A minimum of one appliance or system meeting Energy Star standards shall be installed as part of the project. The proposed appliances shall be stated on the plans submitted for the issuance of a building permit. 48. Water conservation devices such as low-flow faucets, toilets, shower fixtures, etc., shall be installed as part of the project. The water conservation devices shall be stated on the plans submitted for the issuance of a building permit. 49. The applicant/building developer shall submit a final list of the green building measures used in the design of the residences covered by this approval to the Planning Division for the review and approval by the Director of Community Development prior to the building permit submittal. The single-family residences shall be designed to achieve a "certified rating" of a minimum of 50 total points, achieving at least the minimum points in each category, using BuildltGreen's current GreenPoints rating system. P14-0124, P14-0125, and PUD-107/377 St. Mary Street Planning Commission 10 of 26