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<br />ATTY/RESO.0041/CC RESO DENYING THE APPEAL FOR 353 MAIN STREET <br />REV: 05-14-18 PR <br />Page 28 of 28 <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 <br />map application or approval) shall be limited to actions brought within the time <br />period provided for in Government Code Section 66499.37, unless such time <br />period is extended for any reason. The City shall promptly notify Applicant of any <br />such claim, action or proceeding and shall cooperate fully in the defense. <br />[COA][OFFICE OF THE CITY ATTORNEY] <br /> <br />END <br /> <br /> <br />7.B. - Page 53