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66. All existing wells on the site shall be removed or sealed, filled and abandoned pursuant to Alameda County Ordinance 73-68, prior to the start of grading operations. Wells shall be destroyed in accordance with the procedures outlined on the permit obtained from Zone 7. Zone 7 may request the developer/subdivider to retain specific wells for monitoring the ground water. The developer/subdivider shall notify the City of Zone 7's desire to retain any well and make provisions to save the well. Additionally, the developer/subdivider may request special approval for temporary use of an existing well for construction water or a more permanent use such as non potable outdoor landscaping. The developer/subdivider shall make such request in writing to the City Engineer. 67. The permit plan check package will be accepted for submittal only after the ordinance approving the PUD development plan becomes effective, unless the project developer submits a signed statement acknowledging that the plan check fees may be forfeited in the event that the ordinance is overturned or that the design has significantly changed. In no case will a permit be issued prior to the effective date of the ordinance. 68. The project developer shall submit a dust control plan or procedure as part of the improvement plans. Planning Division 69. Development shall be substantially as shown on the development plans, Exhibit B, dated "Received March 9, 2016," single-family GreenPoint Checklist, and related materials such as Tree Report Altieri Property by Hort Science, Updated Seismic Hazards Evaluation by Engeo, Investigation of Potential Waters of the United States Rose Avenue Project by Live Oak Associates, Inc., Altieri Property, Pleasanton, CA Environmental Noise Assessment by Illingworth & Rodkin, Inc., Corral de Tierra Driving Range Golf Ball Trajectory Study by Tanner Consulting Group, Visual Simulation by Environmental Vision, on file with the Planning Division, except as modified by these conditions. Minor changes to the plans may be allowed subject to the approval of the Director of Community Development if found to be in substantial conformance with the approved exhibits. 70. 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 (including claims for attorneys fees), action, or proceeding brought by a third party against the indemnified parties and the project 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. 12 of 28