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4. LIABILITY AND INDEMNIFICATION: To the extent permitted by law, the project applicant shall hold harmless, defend (with counsel acceptable to the City), and indemnify the City, its City Council, its officers, commissions, employee and agents from and against any claim, action, or proceeding brought by a third party against the indemnified parties and/or 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 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. PLANNING DIVISION — 925-931-5600 Site Development and Building Design 5. BUILDING ELEVATIONS: Should the City Council support the Planning Commission recommendation for Case No. PUD-89-06-08M, any future drive-through restaurant use on "Pad B" within Phase III of the Rose Pavilion Shopping Center shall incorporate high quality and traditional architectural elements into the overall design, complement the existing shopping center architecture and ensure the same level of detail is replicated on all four sides of the proposed restaurant. Typical franchise and/or prototype architecture shall not be permitted. (Project Specific Condition) 6. GREEN BUILDING/AIR QUALITY FEATURES: Should the City Council support the Planning Commission recommendation for Case No. PUD-89-06-08M, any future drive- through restaurant use on "Pad B" within Phase III of the Rose Pavilion Shopping Center shall: a. Install electric vehicle (EV) charging station to the satisfaction of the Director of Community Development and any applicable building codes; b. Increase the area of site perimeter and interior site landscaping to the satisfaction of the Director of Community Development and the City's Landscape Architect; c. Create/enhance pedestrian accessibility to "Pad B" from Rosewood Drive; and d. Install photovoltaic (PV) infrastructure such that the building is PV ready to the satisfaction of the Director of Community Development. (Project Specific Condition) Noise 7. ACOUSTICAL ANALYSIS: Should the City Council support the Planning Commission recommendation for Case No. PUD-89-06-08M, any future drive-through restaurant use on "Pad B" within Phase III of the Rose Pavilion Shopping Center shall be required to submit an acoustical analysis to ensure the use would comply with the noise requirements and thresholds specified in the City's General Plan. (Project Specific Condition)