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Planning Division <br /> 44. 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 /> litigation. The City may, in its sole discretion, elect to defend any such action with <br /> attorneys of its choice. <br /> 45. The applicant shall obtain all required City permits prior to construction. <br /> 46. The applicant shall work with the Pleasanton Unified School District (PUSD) to develop <br /> a program to offset this project's long term effect on school facility needs in Pleasanton <br /> in addition to the school impact fees required by State law. This program shall be <br /> designed to fund school facilities necessary to offset this project's reasonably related <br /> effect on the long-term need for expanded school facilities. The method and manner for <br /> the provision of these funds and/or facilities shall be approved by the PUSD and in <br /> place prior to building permit issuance. Written proof of compliance with this condition <br /> shall be provided by the applicant to the City, on a form generated by the PUSD, prior to <br /> building permit issuance. <br /> 47. Prior to issuance of a building permit, the applicant shall pay the required commercial <br /> development school impact fee as prescribed by State law and as adopted by the <br /> Pleasanton Unified School District. <br /> 48. The development shall comply with the current City of Pleasanton's Garbage Service's <br /> recycling and composting programs. <br /> 49. The electrical plan for the residential units shall provide telecommunications <br /> infrastructure consistent with state-of-the-art methods (e.g. cabling for DSL, broadband, <br /> or wireless service, wiring for total room access, etc.) in effect at the time that building <br /> permit(s) are issued. The plan shall be part of the building permit plan set. <br /> 50. A minimum of one appliance or system meeting Energy Star standards shall be installed <br /> as part of the project. The proposed appliances shall be stated on the plans submitted <br /> for the issuance of a building permit. <br /> 51. Water conservation devices such as low-flow faucets, toilets, shower fixtures, etc., shall <br /> be installed as part of the project. The water conservation devices shall be stated on <br /> the plans submitted for the issuance of a building permit. <br /> PUD-109, 273 Spring Street Planning Commission <br /> Page 7 of 22 <br />