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model of downtown. Costs associated with the creation of the scaled model shall be borne by <br />the applicant and will be charged to the project cost recovery account. [COA][PLANNING] <br />79. Downtown TDM - A final Transportation Demand Management (TDM) program, <br />describing the elements to be implemented, shall be reviewed and approved prior to <br />certificate of building occupancy. The TDM program shall include an annual reporting <br />requirement that details parking utilization rates and tenant use and awareness of the <br />program. Annual reporting shall begin on December 1 of each year. <br />[COA] [ENGINEERING] <br />80. Downtown Mitigation Measures - Implement and comply with all applicable <br />mitigation measures described in the Supplemental Environmental Impact Report (SEIR) <br />and associated Mitigation Monitoring Program (MMRP) for the project. <br />[SDR] [PLANNING] <br />General Reauirements <br />81. 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 1, 2018, on file with Planning <br />Services. [COA] [PLANNING] <br />82. Modifications - Modifications to the approved plans require Planning review and <br />approval prior to building permit issuance. Minor project modifications required to <br />meet building, fire, and safety codes at time of building permit plan check may be <br />allowed, at the City's discretion. Substantial modification of approved plans, as <br />determined by the Zoning Administrator, may be subject to an amendment or a new <br />Permit. [COA] [PLANNING] <br />83. 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 in <br />ATTY/RESO.0019/PC RESO RECOMMENDING APPROVAL OF GENERAL PLAN — 851 MAIN STREET <br />REV: 03-15-18 PR <br />Page 15 of 16 <br />