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02/27/2012 <br /> ORIGINAL <br /> ORDINANCE NO. 2378 <br /> ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REDWOOD <br /> CITY ADDING A NEW ARTICLE IV TO CHAPTER 1 OF THE <br /> REDWOOD CITY CODE RELATING TO INDEMNIFICATION BY <br /> DEVELOPERS <br /> WHEREAS, the purpose of this ordinance is to clarify the responsibility of <br /> developers to mitigate the fiscal impact of processing applications; <br /> NOW, THEREFORE, THE COUNCIL OF THE CITY OF REDWOOD CITY DOES <br /> ORDAIN AS FOLLOWS: <br /> Section 1. A new CHAPTER 1 ARTICLE IV is hereby added to the Redwood <br /> City Municipal Code to read as follows: <br /> ARTICLE IV DEVELOPER INDEMNIFICATION <br /> 1.50 Purpose. <br /> A. The city presently requires developers and other applicants for permits to <br /> develop real property to pay fees to mitigate the fiscal impact of processing applications. <br /> B. The costs associated with defending a legal action brought by a third party <br /> challenging the city's approval of a permit or entitlement for development should be a <br /> cost burden of the real party-in-interest who is the applicant for such development and <br /> not the city. <br /> 1.51 Definitions. <br /> A. "Developer" means any applicant for a permit or entitlement for development. <br /> B. "DevelopmenY' means a land use permit or entitlement under the Redwood <br /> City Municipal Code or Zoning Code and shall include determination under the <br /> California Environmental Quality Act (CEQA), including but not limited to general plan, <br /> specific plan, precise plan or zoning modification or amendment, use permit, variance, <br /> zoning permit, architectural permit, planned development permit, planned community <br /> permit, modification to permit, sign permit, building permit, subdivision and parcel maps, <br /> condominium permits and all other discretionary permits processed by the City. <br /> 1.52 Indemnity required. <br /> Any developer who applies for a permit for development from the city shall, as a <br /> condition of such application and process, indemnify, defend, and hold harmless the <br /> city, its officers, employees and agents, from any and all claims and lawsuits from third <br /> ATTY/ORD.367/INDEMNITY ORDINANCE ORD. # 2378 <br /> REV:01/30/12 Page 1 of 2 FORMERLY MUFF # 305 <br />