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Ordinance No. 2308 August 11, 2026 <br />authorized hereby for the project, including any environmental determination <br />made with regard thereto. This indemnification shall be included, but not be <br />limited to, reimbursing the City for attorneys’ fees and costs incurred in defense <br />of the litigation on a monthly basis. The City may, in its sole discretion, elect to <br />defend any such action with attorneys of its choice. City shall promptly notify the <br />Applicant of any claim, action, or proceeding and shall engage cooperate fully in <br />the defense. To the extent the above indemnification is limited by Government <br />Code Section 66474.9, any limitations shall only apply to the Vesting Tentative <br />Tract Map (Tract 8423), and the remainder of this obligation shall be unaffected <br />by said Government Code section. <br /> <br />6. ANNEXATION: The proposed development approvals shall be null and void if <br />Annexation with Alameda County Local Agency Formation Commission (Alameda <br />LAFCO) fails. No permit application shall be accepted until the annexation process <br />is completed. Project Specific Condition <br /> <br />7. PRE-ANNEXATION AND DEVELOPMENT AGREEMENT (PADA): Prior to <br />issuance of a Building Permit for the first residential unit, the Applicant shall <br />execute the City Council-approved Pre-Annexation and Development <br />Agreement. Project Specific Condition <br /> <br />8. COMMUNITY FACILITY DISTRICT (CFD): The project shall annex into a <br />community facilities district (“CFD”) prior to issuance of a Building Permit for the <br />first residential unit the project. The CFD shall provide adequate annual funding <br />for maintenance (consistent with typical City service levels), in perpetuity, of in- <br />tract public streets, sidewalks, lighting, in-tract utility facilities, and storm drainage <br />(proposed to be located on private property to the east of the Project Site). <br />Project Specific Condition <br /> <br />ENVIRONMENTAL <br />9. MITIGATION MEASURES: As identified in the Environmental Impact Report <br />(SCH No. 2023050339)(EIR), Findings of Fact (FOF), and Mitigation Monitoring <br />and Reporting Program (MMRP) as part of the Addendum to the EIR (SCH No. <br />2023050339), implementation of mitigation measures is required to reduce <br />environmental impacts to the extent feasible. The adopted mitigation measures <br />applicable to the Project include, but are not limited to, those related to Air <br />Quality, Biological Resources, Cultural Resources, Geology/Soils, <br />Hydrology/Water Quality, Noise, Transportation, and Utilities. <br /> <br />All mitigation measures identified in the certified EIR and adopted MMRP shall be <br />fully implemented by the Applicant. These measures shall be incorporated into all <br />applicable improvement plans, grading plans, building plans, and construction <br />documents, and shall be subject to review and approval by the Director of <br />Community and Economic Development and/or applicable City departments prior <br />to issuance of grading or building permits, as specified in the MMRP.