Reso PC15-09 PC Reso (3108) Recommending Approval of Tentative Parcel Map - 815 Hamilton

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("Challenge"). If Applicant does not promptly defend any Challenge, City may (but is not obligated to) defend such Challenge as City, in its sole discretion , determines appropriate, all at applicant's sole cost and expense. Applicant shall bear any and all losses, damages , injuries, liabilities, costs, and expenses (including , without limitation , staff time and in-house attorney's fees on a fully-loaded basis, attorney's fees for outside legal counsel , expert witness fees, court costs, and other litigation expenses) arising out of or related to any Challenge ("Costs"), whether incurred by Developer, City, or awarded to any third party, and shall pay to the City upon demand any Costs incurred by the City. No modification of the project, any application , permit, codification , condition , environmental determination , other approval , change in applicable laws and regulations , or change in processing methods shall alter the applicants indemnity obligation . Per to Government Code Section 66474.9, Applicant's indemnification obligation with respect to any claim , action or proceeding to attack, set aside, void , or annul an approval of City concerning a subdivision (tentative, parcel , or final map application or approval) shall be limited to actions brought within the time period provided for in Government Code Section 66499. 37, unless such time period is extended for any reason . The City shall promptly notify Applicant of any such claim , action or proceeding and shall cooperate fully in the defense. [COA][OFFICE OF THE CITY ATTORNEY] I , Kenneth Rodrigues, Applicant for the above described Project, hereby agree to and accept all of the Conditions of Approval listed herein . Date: Kenneth Rodrigues Kenneth Rodrigues & Partners, Inc. ATTY/RES0.3108/PC RESO RECOMMENDING APPROVAL OF TENTATIVE PARCEL MAP — 815 HAMILTON REV: 06-19-15 VR Page 21 of 21