|
65. Modifications - Modifications to the approved plans require Planning review and approval
<br />prior to building permit issuance. Minor project modifications required to meet building,
<br />fire, and safety codes at time of building permit plan check may be allowed, at the City's
<br />discretion. Substantial modification of approved plans, as determined by the Zoning
<br />Administrator, may be subject to an amendment or a new Permit. [COA] [PLANNING]
<br />66. Indemnification - Per Redwood City Code Section 1.S4, Applicant shall defend (with
<br />counsel approved by City), indemnify, and hold harmless the City, its agents, officers, and
<br />employees from and against any claim, action, or proceeding (including without limitation
<br />any appeal or petition for review thereof) against the City or its agents, officers or
<br />employees related to an approval of the Project, including without limitation any related
<br />application, permit, certification, condition, environmental determination, other approval,
<br />compliance 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 as City, in
<br />its 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 expenses
<br />(including, without limitation, staff time and in-house attorney's fees on a fully -loaded
<br />basis, attorney's fees for outside legal counsel, expert witness fees, court costs, and other
<br />litigation expenses) arising out of or related to any Challenge ("Costs"), whether incurred
<br />by Applicant, 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 applicable
<br />laws and regulations, or change in processing methods shall alter the applicants indemnity
<br />obligation. Per Government Code Section 66474.9, Applicant's indemnification obligation
<br />with respect to any Challenge concerning a subdivision (tentative, parcel, or final map
<br />application or approval) shall be limited to actions broughtwithin the time period provided
<br />for in 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 proceeding
<br />and shall cooperate fully in the defense. [COA][OFFICE OF THE CITY ATTORNEY]
<br />ATTY/RESO.0008/PC RESO APPROVING PC & PD AT 1175 MARSHALL STREET
<br />REV: 02-07-18 PR
<br />Page 16 of 16
<br />
|