|
<br />ATTY/RESO.0031/ CC RESO ADOPTING DENIAL OF APPEAL BY REDWOOD CITY RESIDENTS FOR RESPONSIBLE DEVELOPMENT
<br />REV: 03-30-17 PR
<br />Page 22 of 22
<br />(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 related to an approval of the Project,
<br />including without limitation any related application, permit, certification, condition,
<br />environmental determination, other approval, compliance or failure to comply with
<br />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
<br />bear any and all losses, damages, injuries, liabilities, costs, and expenses
<br />(including, without limitation, staff time and in-house attorney's fees on a fully-
<br />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 Applicant, City, or awarded to any third party, and
<br />shall pay to the City upon demand any Costs incurred by the City. No modification
<br />of the project, any application, permit, certification, condition, environmental
<br />determination, other approval, change in applicable laws and regulations, or
<br />change in processing methods shall alter the applicant’s indemnity obligation. Per
<br />Government Code Section 66474.9, Applicant’s indemnification obligation with
<br />respect to any Challenge concerning a subdivision (tentative, parcel, or final map
<br />application or approval) shall be limited to actions brought within the time period
<br />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
<br />claim, action or proceeding and shall cooperate fully in the defense.
<br />[COA][OFFICE OF THE CITY ATTORNEY]
<br />
<br />
<br />- End -
<br />8.A. - Page 54
|