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2018, on file with Planning Services. [COA][PLANNING] <br />88. Modifications - Modifications to the approved plans require Planning review <br />and approval prior to building permit issuance. Minor project modifications required <br />to meet building, fire, and safety codes at time of building permit plan check may <br />be allowed, at the City's discretion. Substantial modification of approved plans, <br />as determined by the Zoning Administrator, may be subject to an amendment or <br />anew Permit. [COA][PLANNING] <br />89. Indemnification — Per Redwood City Code Section 1.54, Applicant shall defend <br />(with counsel approved by City), indemnify, and hold harmless the City, its <br />agents, officers, and employees from and against any claim, action, or <br />proceeding (including without limitation any appeal or petition for review <br />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 <br />or failure to comply with applicable laws and regulations, and/or processing <br />methods ("Challenge"). City may (but is not obligated to) defend such Challenge <br />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, <br />liabilities, costs, and expenses (including, without limitation, staff time and in- <br />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 <br />of or related to any Challenge ("Costs"), whether incurred by Applicant, City, or <br />awarded to any third party, and shall pay to the City upon demand any Costs <br />incurred by the City. No modification of the project, any application, permit, <br />certification, condition, environmental determination, other approval, change in <br />applicable laws and regulations, or change in processing methods shall alter the <br />applicant's indemnity obligation. Per Government Code Section 66474.9, <br />Applicant's indemnification obligation with respect to any Challenge concerning <br />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 <br />Code Section 66499.37, unless such time period is extended for any reason. <br />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 <br />ATTORNEY] <br />END <br />ATTY/RESO.0041/CC RESO DENYING THE APPEAL FOR 353 MAIN STREET RESO NO. 15665 <br />REV: 05-14-18 PR MUFF NO. 603 <br />Page 29 of 29 <br />