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11/16/2015
<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 /> 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 /> 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 /> 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 /> 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 /> AlTY/RES0.3157/SA RESO 601 MARSHALL APPEAL S-STORY PROJECT RESO.#15458
<br /> REV:11-16-15 VR MUFF#603
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