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<br />ATTY/RESO.3139/ CC RESO 601 MARSHALL DENYING APPEALS AND APPROVING TENTATIVE MAP, DOWNTOWN PLANNED
<br />COMMUNITY PERMIT, AND PARKING IN LIEU FEE APPLICATION
<br />REV: 9/24/15 PT
<br />
<br />Section 5. Parking In-Lieu Fee Application: In the exercise of its
<br />independent judgment, the City Council finds that:
<br />
<br />a. The Project site is in close proximity to multiple public transit
<br />facilities, including without limitation the CalTrain Station and the
<br />Redwood City Transit Center, both of which are less than a quarter-
<br />mile away.
<br />
<br />b. Encouraging users of the Project site to walk from off-site parking
<br />or public transportation would be beneficial to the Downtown.
<br />
<br />c. The implementation of the required Transportation Demand
<br />Management (TDM) Plan will reduce single-user automobile trips
<br />by the Project’s tenants/employees.
<br />
<br />d. The payment of in-lieu parking fees is beneficial in that the City can
<br />utilize the funds to provide additional public parking that is not tied
<br />to a single user or property.
<br />
<br />Section 6. The Vesting Tentative Map, Downtown Planned Community
<br />Permit and Parking In-Lieu Fee Application are hereby approved based on
<br />the City Council's consideration and reliance on the Initial Study (IS) and in
<br />accordance with the plans, details and descriptions contained therein, attached
<br />hereto and incorporated herein by reference, and subject to the following Conditions
<br />of Approval:
<br />
<br />General and Ongoing Conditions:
<br />1. Applicant shall defend (with counsel approved by City), indemnify, and hold harmless
<br />the City, its agents, officers, and employees from and against any claim, action, or
<br />proceeding against the City or its agents, officers or employees, to attack, set aside,
<br />void, or annul an approval of the Project, including without limitation any related
<br />application, permit, certification, condition, environmental determination, other
<br />approval, compliance or failure to comply with applicable laws and regulations, and/or
<br />processing methods (“Challenge”). If applicant does not promptly defend any
<br />Challenge, City may (but is not obligated to) defend such Challenge as City, in its
<br />sole discretion, determines appropriate, all at applicant’s sole cost and expense. The
<br />applicant shall bear any and all losses, damages, injuries, liabilities, costs, and
<br />expenses (including, without limitation, staff time and in-house attorney's fees on a
<br />fully-loaded basis, attorney’s fees for outside legal counsel, expert witness fees, court
<br />costs, and other litigation expenses) arising out of or related to any Challenge
<br />(“Costs”), whether incurred by Developer, City, or awarded to any third party, and
<br />shall pay to the City upon demand any Costs incurred by the City. No modification of
<br />the project, any application, permit, certification, condition, environmental
<br />7.A. - Page 39
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