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Ordinance No. 2283 <br />Page 4 of 17 <br />commenced and is diligently pursued towards completion, or the City has approved a <br />time extension. <br />4. CONDITIONS OF APPROVAL CHECKLIST: The applicant shall submit a "Conditions of <br />Approval Checklist" indicating all conditions in Exhibit A have been satisfied, <br />incorporated into the building permit plans or improvements plans, and/or addressed. <br />Said checklist shall be incorporated as one of the first four plan sheets of all building <br />permit and engineering permit plan submittals for review by the City prior to issuance of <br />permits. <br />5 APPEAL PERIOD: The building permit submittal will only be accepted after completion <br />of the appeal period provided in the Municipal Code unless the applicant submits a <br />signed statement acknowledging the plan check fees may be forfeited in the event the <br />approval is overturned on appeal, or the design is significantly changed as a result of the <br />appeal. In no case will a building permit be issued prior to the expiration of the appeal <br />period. <br />6 PUD PERIOD: The building permit submittal will only be accepted after the ordinance <br />approving the Planned Unit Development (PUD) development plan becomes effective, <br />unless the applicant submits a signed statement acknowledging the plan check fees may <br />be forfeited in the event the ordinance is overturned. In no case will a building permit be <br />issued prior to the PUD ordinance amendment being in effect. <br />7 LIABILITY AND INDEMNIFICATION: To the extent permitted by law, the project <br />applicant shall hold harmless, defend (with counsel acceptable to the City), and <br />indemnify the City, its City Council, its officers, commissions, employee and agents from <br />and against any claim, action, or proceeding brought by a third party against the <br />indemnified parties and/or the applicant to attack, set aside, or void the approval of the <br />project or any permit authorized hereby for the project, including without limitation, <br />reimbursing the City its attorneys' fees and costs incurred in defense of the litigation. <br />The City may, in its sole discretion, elect to defend any such action with attorneys of its <br />choice. <br />8 LOT 2 DEVELOPMENT: Future development of Lot 2 requires Design Review that <br />adheres to the Estate Lot standards as outlined in PUD -18. <br />PLANNING DIVISION — 925-931-5600 <br />Site Development and Building Design <br />9 BUILDING MATERIALS AND COLORS: The building materials and colors in the <br />Approved Plans shall be stated on the building permit plans. <br />10 PAVING MATERIALS: The color, material, design, and product specifications for the <br />paving materials used on-site shall be in conformance with the Approved Plans and <br />included with the building permit submittal. Any proposed modifications to the final <br />paving design details shall be subject to review and approval by the Planning Division <br />prior to issuance of building permits. <br />11 WINDOWS: Manufacturer type, design, material, and installation details for all windows <br />within the project shall be specified for each unit/building in conformance with the <br />Approved Plans in the building permit submittal. Any proposed modifications shall be <br />