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ATTY/RESO.0028/PC RESO APPROVING 1201 MAIN WITH CONDITIONS OF APPROVAL <br />REV: 04-18-23 VR <br />Page 33 of 34 <br /> <br />Other Agency Permits <br />97. Caltrain - If a portion of the proposed work is within the right-of-way of the Joint <br />Powers Board authority, the applicant shall contact the Joint Powers Board (Caltrain) <br />to obtain all necessary Encroachment Permits. [SDR][ENGINEERING] <br /> <br />General Requirements <br />98. Exterior Materials – The exterior materials, colors, textures, trim elements, <br />windows and roof pitch of the project shall be consistent throughout. [COA][PLANNING] <br />99. 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 />100. Hours of Construction – Construction activity is permitted between 7:00 a.m. and <br />8:00 p.m. Monday through Friday, except as permitted on weekends by the Building <br />Official. [SDR][BUILDING] <br />101. Indemnification – Per Redwood City Code Section 1.54, Applicant shall defend <br />(with counsel approved by City), indemnify, and hold harmless the City, its agents, <br />officers, and employees from and against any claim, action, or proceeding (including <br />without limitation any appeal or petition for review thereof) against the City or its <br />agents, officers or employees related to an approval of the Project, including without <br />limitation any related application, permit, certification, condition, environmental <br />determination, other approval, compliance or failure to comply with applicable laws <br />and regulations, and/or processing methods (“Challenge”). City may (but is not <br />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 <br />all losses, damages, injuries, liabilities, costs, and expenses (including, without <br />limitation, staff time and in-house attorney's fees on a fully-loaded basis, attorney’s <br />fees for outside legal counsel, expert witness fees, court costs, and other litigation <br />expenses) arising out of or related to any Challenge (“Costs”), whether incurred by <br />Applicant, City, or awarded to any third party, and shall pay to the City upon demand <br />any Costs incurred by the City. No modification of the project, any application, <br />permit, certification, condition, environmental determination, other approval, change <br />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 <br />(tentative, parcel, or final map application or approval) shall be limited to actions <br />brought within the time period provided for in Government Code Section 66499.37, <br />unless such time period is extended for any reason. The City shall promptly notify