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General Requirements
<br />84. Notice to Tenants of Right of Railway Operations - Subsequent deeds and leases for the
<br />property shall notify residential tenants of the Right of Railway operations, informing
<br />residential tenants that the railway along Chestnut Road is an active railway and they may
<br />experience noise impacts related to that operation. [COA] [PLANNING]
<br />85. Exterior Materials - The exterior materials, colors, textures, trim elements, windows and roof
<br />pitch of the project shall be consistent throughout and substantially conform to the colors and
<br />materials board on file with Planning Services. [COA] [PLANNING]
<br />86. 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 />87. Ground -Floor Depth - The ground -floor frontage along all major streets will be occupied by
<br />retail or restaurant uses for a depth of no less than twenty (20) feet.
<br />88. 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 to
<br />comply with applicable laws and regulations, and/or processing methods ("Challenge"). City
<br />may (but is not obligated to) defend such Challenge as City, in its sole discretion, determines
<br />appropriate, all at applicant's sole cost and expense. Applicant shall bear any and all losses,
<br />damages, injuries, liabilities, costs, and expenses (including, without limitation, staff time and
<br />in-house 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, and
<br />shall pay to the City upon demand any Costs incurred by the City. No modification of the project,
<br />any application, permit, certification, condition, environmental determination, other approval,
<br />change in applicable laws and regulations, or change in processing methods shall alter the
<br />applicant's indemnity obligation. Per Government Code Section 66474.9, Applicant's
<br />indemnification obligation with respect to any Challenge concerning a subdivision (tentative,
<br />parcel, or final 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 period is extended
<br />for any 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.0037/PC RESO RECOMMENDING THE PROJECT— SOB RATO
<br />REV: 04-29-19 PR
<br />Page 22 of 22
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