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9. 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 against <br />any claim (including claims for attorneys fees), action, or proceeding brought by a <br />third party against the indemnified parties and the applicant to attack, set aside, or <br />void the approval of the project or any permit authorized hereby for the project, <br />including (without limitation) reimbursing the City its attorneys fees and costs <br />incurred in defense of the litigation. The City may, in its sole discretion, elect to <br />defend any such action with attorneys of its choice. <br />Engineering Department <br />10. A "Conditions of Approval" checklist shall be completed and attached to all plan <br />checks submitted for approval indicating that all conditions have been satisfied. <br />11. The in -lieu park dedication fees shall be paid to the City prior to approval of the <br />map, at the rate then in effect, for the total number of buildable townhome lots on <br />the map, unless this requirement has been otherwise satisfied. <br />12. Any existing assessment to which the property may be subject shall be cleared <br />prior to the approval of the final map. <br />13. Prior to the first plan check, the applicant's engineer /surveyor shall submit a <br />preliminary copy of the final map along with a preliminary copy of the title report <br />and a copy of the adjoining deeds and /or recorded maps to the City. The City will <br />forward these documents to its consultant who will estimate the cost for examining <br />the map and certifying that the map is technically correct and in accordance with <br />Section 66442 of the California Subdivision Map Act. After the consultant has <br />provided a cost estimate, the applicant's engineer /surveyor may submit the first <br />plan check along with a deposit for these costs along with all other standard plan <br />check fees. Any unused portion of the estimate will be returned to the applicant <br />after the map is recorded. Similarly, if the applicant withdraws their application in <br />writing prior to the consultant having performed the work, any unused portion of <br />the deposit will be returned to the applicant. Conversely, should consultant's <br />estimate be insufficient to cover all of the consultant's time, the applicant will be <br />required to pay the City the difference between the estimate and the actual cost <br />prior to submittal of the map for the City Engineer's approval. <br />14. At the time applicant submits the fee for the consultant map review, the applicant <br />shall also submit the following information to the City Engineer for review and <br />approval: <br />a. Five prints of the final map. <br />b. One copy of the preliminary title report. <br />TRACT 8326, Catalyst Development City Council <br />Page 2 of 3 <br />