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<br /> <br /> <br /> <br />THIS APPROVAL IS GRANTED SUBJECT TO THE FOLLOWING CONDITIONS: <br /> <br />1. APPROVAL AND REVISIONS: The proposed development shall be in substantial <br />conformance with the “Approved Plans,” except as modified by the following conditions. <br />Minor changes to the plans may be allowed subject to the approval of the Director of <br />Community Development if found to be in substantial conformance with the approved <br />exhibits. Planning Division approval is required before any changes are implemented in <br />site design, grading, architectural design, house colors or materials, green building <br />measures, landscape material, etc. <br /> <br />2. EXPIRATION – DESIGN REVIEW: This design review approval shall lapse 1 year from <br />the effective date of approval unless a building permit is issued and construction has <br />commenced and is diligently pursued towards completion, or the City has approved a <br />time extension. <br /> <br />3. 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 attached to all building permit and engineering permit submittals <br />for review by the City prior to issuance of permits. <br /> <br />4. 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 <br />the appeal. In no case will a building permit be issued prior to the expiration of the <br />appeal period. <br /> <br />5. 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 /> <br />PLANNING DIVISION – 925-931-5600 <br /> <br />6. APPROVAL: Except as modified by the conditions in this approval, all Conditions of <br />Approval of PUD-86-11 shall remain in full force and effect. (Project Specific <br />Condition) <br /> <br /> <br /> <br /> <br />Docusign Envelope ID: 690AB28A-6A62-4ECB-9309-BC535EFC672BDocusign Envelope ID: 36B10924-68B9-4DAB-B45F-74C5F45ECB94