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63. Residential Noise Notice - Residents of the Project shall be notified in writing before taking
<br />up residence that they will be living in an urban -type environment and that the noise levels
<br />may be higher than a strictly residential area. The CC&Rs of the Project shall require that
<br />prospective residents acknowledge the receipt of the written noise notification.
<br />[COA] [PLANNING]
<br />64. Modifications - Modifications to the approved plans require Planning review and approval
<br />prior to building permit issuance. Minor project modifications required to meet building, fire,
<br />and safety codes at time of building permit plan check may be allowed, at the City's discretion.
<br />Substantial modification of approved plans, as determined by the Zoning Administrator, may
<br />be subject to an amendment or a new Permit. [COA] [PLANNING]
<br />65. Indemnification - Per Redwood City Code Section 1.54, Applicant shall defend (with counsel
<br />approved by City), indemnify, and hold harmless the City, its agents, officers, and employees
<br />from and against any claim, action, or proceeding (including without limitation any appeal or
<br />petition for review thereof) against the City or its agents, officers or employees related to an
<br />approval of the Project, including without limitation any related application, permit,
<br />certification, condition, environmental determination, other approval, compliance or failure
<br />to comply with applicable laws and regulations, and/or processing methods ("Challenge").
<br />City 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 bear any and
<br />all losses, damages, injuries, liabilities, costs, and expenses (including, without limitation, staff
<br />time and in-house attorney's fees on a fully -loaded basis, attorney's fees for outside legal
<br />counsel, expert witness fees, court costs, and other litigation expenses) arising out of or
<br />related to any Challenge ("Costs"), whether incurred by Applicant, City, or awarded to any
<br />third party, and shall pay to the City upon demand any Costs incurred by the City. No
<br />modification of the project, any application, permit, certification, condition, environmental
<br />determination, other approval, change in applicable laws and regulations, or change in
<br />processing methods shall alter the applicant's indemnity obligation. Per Government Code
<br />Section 66474.9, Applicant's indemnification obligation with respect to any Challenge
<br />concerning a subdivision (tentative, parcel, or final map application or approval) shall be
<br />limited to actions brought within the time period provided for in Government Code Section
<br />66499.37, unless such time period is extended for any reason. The City shall promptly notify
<br />Applicant of any such claim, action or proceeding and shall cooperate fully in the defense.
<br />[COA] [OFFICE OF THE CITY ATTORNEY]
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<br />ATTY/DOCS-RESOLUTIONS/2019/RESO.0024 PC RESO ARCHITECTUAL PERMIT 120 EL CAMINO REAL
<br />REV: 04-03-19 PR
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