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ATTY/RESO.0043/PC RESO 603 JEFFERSON
<br />REV: 05-18-16 VR
<br />Page 18 of 19
<br />84. Review of Modifications - Modifications to the approved plans require Planning
<br />review and approval prior to building permit issuance. Substantial modification of
<br />approved plans, as determined by the Zoning Administrator, may be subject to an
<br />amendment or a new Permit. [COA][PLANNING]
<br />85. Indemnification – 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
<br />or its agents, officers or employees, to attack, set aside, void, or annul an approval of
<br />the Project, including without limitation any related application, permit, certification,
<br />condition, environmental determination, other approval, compliance or failure to
<br />comply with applicable laws and regulations, and/or processing methods
<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.
<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 shall
<br />pay to the City upon demand any Costs incurred by the City. No modification of the
<br />project, any application, permit, certification, condition, environmental determination,
<br />other approval, change in applicable laws and regulations, or change in processing
<br />methods shall alter the applicant’s indemnity obligation. Per Government Code
<br />Section 66474.9, Applicant’s indemnification obligation with respect to any claim,
<br />action or proceeding to attack, set aside, void, or annul an approval of City concerning
<br />a subdivision (tentative, parcel, or final map application or approval) shall be limited to
<br />actions brought within the time period provided for in Government Code Section
<br />66499.37, unless such time period is extended for any reason. The City shall promptly
<br />notify Applicant of any such claim, action or proceeding and shall cooperate fully in
<br />the defense. [COA][OFFICE OF THE CITY ATTORNEY]
<br />86. Date Effective - No building or zoning permit shall be issued, and no use shall be
<br />established except in accordance with and subject to the terms and conditions outlined
<br />above, and in no case shall such permit be issued or use established prior to the final
<br />action on any appeals that may be filed within the appeal period. Any appeal made in
<br />accordance with the provisions of Section 2.0.3 of the DTPP is to the City Council and
<br />must be received by the City Clerk no later than fifteen calendar days after the date of
<br />the notice of official action. As such, this approval shall become effective on the
<br />sixteenth (16th) day following the date of the notice of approval unless an appeal to
<br />said decision has been filed in accordance with the provisions stated above.
<br />Section 8. This Resolution is effective upon its adoption.
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