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101. Substantial Conformity β Applicant shall ensure that all improvements substantially
<br /> conform to the project plans prepared by KSH Architects, dated received December 10,
<br /> 2015 as well as any design modifications required through the final project approval
<br /> including conditions of approval contained herein, and related information submitted by
<br /> the Applicant, on file with Planning Services. [COA][PLANNING]
<br /> 102. Exterior Materials β The exterior materials, colors, textures, trim elements, windows
<br /> and roof pitch of the project shall be consistent throughout and substantially conform to
<br /> the colors and plans, date received December 10, 2015, on file with Planning Services.
<br /> [COA][PLANNING]
<br /> 103. Revisions βAll modifications to the approved plans shall be submitted to Planning and
<br /> Engineering for review and approval prior to the issuance of a Building Permit.
<br /> Substantial modification of approved plans, as determined by the Zoning Administrator,
<br /> may be subject to an amendment or a new Permit. Permit revisions shall follow the
<br /> "Revisions" procedure in the Engineering Standards.
<br /> [COA][PLANNING][ENGINEERING]
<br /> 104. Indemnification β Per Redwood City Municipal Code Section 1.54, Applicant shall
<br /> defend (with counsel approved by City), indemnify, and hold harmless the City, its
<br /> agents, officers, and employees from and against any claim, action, or proceeding
<br /> (including without limitation any appeal or petition for review thereof) against the City or
<br /> its agents, officers or employees, to attack, set aside, void, or annul an approval of the
<br /> Project, including without limitation any related application, permit, certification,
<br /> condition, environmental determination, other approval, compliance or failure to comply
<br /> with applicable laws and regulations, and/or processing methods ("Challenge"). City
<br /> may (but is not obligated to) defend such Challenge as City, in its sole discretion,
<br /> determines appropriate, all at applicant's sole cost and expense. Applicant shall bear
<br /> any and all losses, damages, injuries, liabilities, costs, and expenses (including, without
<br /> limitation, staff time and in-house attorney's fees on a fully-loaded basis, attorney's fees
<br /> for outside legal counsel, expert witness fees, court costs, and other litigation
<br /> expenses) arising out of or related to any Challenge ("Costs"), whether incurred by
<br /> Developer, City, or awarded to any third party, and shall pay to the City upon demand
<br /> any Costs incurred by the City. No modification of the project, any application, permit,
<br /> certification, condition, environmental determination, other approval, change in
<br /> applicable laws and regulations, or change in processing methods shall alter the
<br /> applicant's indemnity obligation. Per Government Code Section 66474.9, Applicant's
<br /> indemnification obligation with respect to any claim, action or proceeding to attack, set
<br /> aside, void, or annul an approval of City concerning a subdivision (tentative, parcel, or
<br /> final map application or approval) shall be limited to actions brought within the time
<br /> period provided for in Government Code Section 66499.37, unless such time period is
<br /> extended for any reason. The City shall promptly notify Applicant of any such claim,
<br /> action or proceeding and shall cooperate fully in the defense. [COA][OFFICE OF THE
<br /> CITY ATTORNEY]
<br /> ATTY/RES0.0027/PC RESO 2075 BROADWAY
<br /> REV:04-18-16 VR
<br /> Page 24 of 28
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