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Ordinance No. 2181 Page 11 of 22 43. The applicant shall abandon all unused utility stubs in compliance with the latest City standards. This shall be depicted in the plans submitted for issuance of a building permit and is subject to review and approval by the City Engineer. 44. The applicant shall submit potable water, storm sewer, and sanitary sewer demand calculations to the City for review and acceptance. The calculations shall be provided with the plans submitted for issuance of a building permit and is subject to review and approval by the City Engineer. 45. The applicant shall repair the uneven sidewalk at the three locations located along the project frontage. The locations include a Pacific Bell Utility Box near an existing fire hydrant, uplifted sidewalk near the north side of southernmost driveway, and uplifted sidewalk near a street tree. This shall be depicted in the plans submitted for issuance of a building permit and is subject to review and approval by the City Engineer. 46. The applicant shall install one tree per tree well within the two existing tree wells that are missing trees along the sidewalk fronting the property. The size and species of the trees shall be subject to the City Landscape Architect's review and approval. This shall be depicted in the plans submitted for issuance of a building permit and is subject to review and approval by the City Engineer. STANDARD CONDITIONS OF APPROVAL Planning Division 47. The PUD development plan approval shall lapse two years from the effective date of approval unless a building permit is obtained and construction diligently pursued, or the City has approved a time extension. 48. The applicant shall implement the measures identified in the U.S. Green Building Council's (USGBC), "Leadership in Energy and Environmental Design (LEED)" rating system to achieve a "certified rating" in the design, construction, and operation of the project. The green building measures shall be shown on plans submitted to the Building and Safety Division for issuance of a building permit. Each point identified shall have a notation indicating the sheet where the point can be found, and each sheet shall note where the point is located. All proposed green building measures shall be shown throughout the plan set as determined by the Planning Division. 49. 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 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. 50. 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 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