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01/09/2017
<br />89. 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
<br />City or its agents, officers or employees, to attack, set aside, void, or annul an
<br />approval of the project, including without limitation any related application, permit,
<br />certification, condition, environmental determination, other approval, compliance
<br />or failure to comply with applicable laws and regulations, and/or processing
<br />methods ("Challenge"). City may (but is not obligated to) defend such Challenge
<br />as City, in its sole discretion, determines appropriate, all at applicant's sole cost
<br />and expense. Applicant shall bear any and all losses, damages, injuries, liabilities,
<br />costs, and expenses (including, without limitation, staff time and in-house
<br />attorney's fees on a fully -loaded basis, attorney's fees for outside legal counsel,
<br />expert witness fees, court costs, and other litigation expenses) arising out of or
<br />related to any Challenge ("Costs"), whether incurred by Developer, City, or
<br />awarded to any third party, and shall pay to the City upon demand any Costs
<br />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,
<br />Applicant's indemnification obligation with respect to any claim, action or
<br />proceeding to attack, set aside, void, or annul an approval of City concerning a
<br />subdivision (tentative, parcel, or final map application or approval) shall be limited
<br />to 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
<br />promptly notify Applicant of any such claim, action or proceeding and shall
<br />cooperate fully in the defense. [COA][OFFICE OF THE CITY ATTORNEY]
<br />90. 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
<br />outlined above, and in no case shall such permit be issued or use established prior
<br />to the final action on any appeals that may be filed within the appeal period. Any
<br />appeal made in accordance with the provisions of Section 2.0.3 of the DTPP is to
<br />the City Council and must be received by the City Clerk no later than fifteen
<br />calendar days after the date of the notice of official action. As such, this approval
<br />shall become effective on the sixteenth (16th) day following the date of the notice
<br />of approval unless an appeal to said decision has been filed in accordance with
<br />the provisions stated above.
<br />Section 8. This Resolution is effective upon its adoption.
<br />ATTY/RESO.0127/CC RESO APPROVING PERMIT FOR 603 JEFFERSON RESO. NO. 15554
<br />REV: 12-19-16 VR MUFF NO. 603
<br />Page 23 of 24
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