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<br />ATTY/RESO.3157/601 Marshall Appeal 8-Story Project
<br />REV: 11/10/15 VR
<br />Page 8 of 22
<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 Permit
<br />and Parking In-Lieu Fee Application are hereby approved based on the City Council's
<br />consideration and reliance on the Initial Study (IS) and in accordance with the plans,
<br />details and descriptions contained therein, attached hereto and incorporated herein
<br />by reference, and subject to the following Conditions 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 />determination, other approval, change in applicable laws and regulations, or change
<br />in processing methods shall alter the applicant’s indemnity obligation. Pursuant to
<br />Government Code Section 66474.9, Applicant’s indemnification obligation with
<br />respect to any claim, action or proceeding to attack, set aside, void, or annul an
<br />approval of City concerning a subdivision (tentative, parcel, or final map application
<br />or approval) shall be limited to actions brought within the time period provided for in
<br />Government Code Section 66499.37, unless such time period is extended for any
<br />reason. The City shall promptly notify Applicant of any such claim, action or
<br />proceeding and shall cooperate fully in the defense.
<br />
<br />2. No building or zoning permit shall be issued, and no use shall be established except
<br />in accordance with and subject to the terms and conditions outlined above, and in no
<br />case shall such permit be issued or use established prior to the final action on any
<br />appeals that may be filed within the appeal period. Any appeal made in accordance
<br />with the provisions of Section 2.0.3 of the DTPP is to the City Council and must be
<br />received by the City Clerk no later than 15 calendar days after the date of the notice
<br />of official action. As such, the map and permit approvals shall take effect on the
<br />sixteenth (16th) day following the date of the notice of final decision unless an appeal
<br />7.C. - Page 20
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