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<br /> 05/07/2018 <br />Page 21 of 21  <br />ATTY/RESO.0033/CC RESO 1548 MAPLE APPROVING PROJECT PERMITS RESO. NO. 15662  <br />REV: 04‐30‐18 PR  MUFF NO. 601   <br />84. 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 /> <br />85. 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, and <br />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, officers <br />or employees related to an approval of the Project, including without limitation any <br />related application, permit, certification, condition, environmental determination, other <br />approval, compliance or failure to comply with applicable laws and regulations, and/or <br />processing methods (“Challenge”). City may (but is not obligated to) defend such <br />Challenge as City, in its sole discretion, determines appropriate, all at applicant’s sole cost <br />and expense. Applicant shall bear any and all losses, damages, injuries, liabilities, costs, <br />and expenses (including, without limitation, staff time and in‐house attorney's fees on a <br />fully‐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 (“Costs”), <br />whether incurred by Applicant, City, or awarded to any third party, and shall pay to the <br />City upon demand any Costs incurred by the City. No modification of the project, any <br />application, permit, certification, condition, environmental determination, other <br />approval, change in applicable laws and regulations, or change in processing methods <br />shall alter the applicant’s indemnity obligation. Per Government Code Section 66474.9, <br />Applicant’s indemnification obligation with respect to any Challenge concerning a <br />subdivision (tentative, parcel, or final map application or approval) shall be limited to <br />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 <br />notify Applicant of any such claim, action or proceeding and shall cooperate fully in the <br />defense. [COA][OFFICE OF THE CITY ATTORNEY] <br /> <br />86. The applicant shall maintain north/south bicycle access through the site through the <br />course of construction to provide connectivity from Bair Island traffic circle to Main <br />Street.