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Other Aaencv Permits <br />86. Creek Jurisdictional Agencies - If any portion of the proposed work is within the <br />jurisdictional boundaries of the US Army Corp of Engineers, CA Fish and Wildlife, or <br />CA Regional Water Quality Control Board, the applicant shall contact the appropriate <br />agencies to obtain all necessary Encroachment Permits prior to starting work. <br />[SDR][ENGINEERING] <br />General Requirements <br />87. Exterior Materials — The exterior materials, colors, textures, trim elements, windows <br />and roof pitch of the project shall be consistent throughout and substantially conform <br />to the colors and materials board, date received February 9, 2018, on file with Planning <br />Services. [COA][PLANNING] <br />88. Modifications - Modifications to the approved plans require Planning review and <br />approval prior to building permit issuance. Minor project modifications required to meet <br />building, fire, and safety codes at time of building permit plan check may be allowed, <br />at the City's discretion. Substantial modification of approved plans, as determined by <br />the Zoning Administrator, may be subject to an amendment or a new Permit. <br />[COA][PLANNING] <br />89. Indemnification — Per Redwood City Code Section 1.54, Applicant shall defend (with <br />counsel approved by City), indemnify, and hold harmless the City, its agents, officers, <br />and employees from and against any claim, action, or proceeding (including without <br />limitation any appeal or petition for review thereof) against the City or its agents, <br />officers or employees related to an approval of the Project, including without limitation <br />any related application, permit, certification, condition, environmental determination, <br />other approval, compliance or failure to comply with applicable laws and regulations, <br />and/or processing methods ("Challenge"). City may (but is not obligated to) defend <br />such Challenge as City, in its sole discretion, determines appropriate, all at applicant's <br />sole cost and expense. Applicant shall bear any and all losses, damages, injuries, <br />liabilities, 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, expert <br />witness fees, court costs, and other litigation expenses) arising out of or related to any <br />Challenge ("Costs"), whether incurred by Applicant, City, or awarded to any third party, <br />and 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 change <br />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 claim, <br />action or proceeding and shall cooperate fully in the defense. [COA][OFFICE OF THE <br />CITY ATTORNEY] <br />- End - <br />ATTY/RESO.0017/PC RESO ADOPTING THE PLANNED COMMUNITY PERMIT & DENSITY BONUS -353 MAIN ST. <br />REV: 03-01-18 PR <br />Page 25 of 25 <br />