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<br />ATTY/RESO.0096/PC RESO GRANTING APPROVAL OF ARCHITECTURAL PERMIT & TENTATIVE PARCEL - 2966 BAY RD - 891 SECOND
<br />AVE - 867 SECOND AVE EXHIBIT A
<br />REV: 12-02-2022 JB
<br />Page 8 of 8
<br />General Requirements
<br />45. Substantial Conformity - Applicant shall ensure that all improvements substantially conform to the
<br />project plans prepared by Bauen Capitol dated August 25, 2022 , and related information submitted
<br />by the Applicant, on file with Planning Services. [COA][PLANNING]
<br />46. Office Use – Per Section 17.3 of the Zoning Ordinance, offices accessory to the Research and
<br />Development use shall be less than 50 percent of the primary use. This information must be
<br />provided at Building Permit submittal or Tenant Improvement Building Permit Plans for review by
<br />the Planning Division. [COA][PLANNING]
<br />47. Exterior Materials – The exterior materials, colors, textures, trim elements, windows and roof pitch
<br />of the project shall be consistent throughout. [COA][PLANNING]
<br />48. Review of Modifications - All modifications to the approved plans shall be submitted to Planning
<br />for review and approval prior to the issuance of a Building Permit. Substantial modification of
<br />approved plans, as determined by the Zoning Administrator, may be subject to an amendment or a
<br />new Permit. [COA][PLANNING]
<br />49. 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 from
<br />and against any claim, action, or proceeding (including without limitation any appeal or petition for
<br />review thereof) against the City or its agents, officers or employees related to an approval of the
<br />Project, including without limitation any related application, permit, certification, condition,
<br />environmental determination, other approval, compliance or failure to comply with applicable laws
<br />and regulations, and/or processing methods (“Challenge”). City may (but is not obligated to) defend
<br />such Challenge as City, in its sole discretion, determines appropriate, all at applicant’s sole cost and
<br />expense. Applicant shall bear any and all losses, damages, injuries, liabilities, costs, and expenses
<br />(including, without limitation, staff time and in-house attorney's fees on a fully-loaded basis,
<br />attorney’s 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 Applicant, City,
<br />or awarded to any third party, and shall pay to the City upon demand any Costs incurred by the City.
<br />No modification of the project, any application, permit, certification, condition, environmental
<br />determination, other approval, change in applicable laws and regulations, or change in processing
<br />methods 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 subdivision
<br />(tentative, parcel, or final map application or approval) shall be limited to actions brought within
<br />the time period provided for in Government Code Section 66499.37, unless such time period is
<br />extended for any reason. The City shall promptly notify Applicant of any such claim, action or
<br />proceeding and shall cooperate fully in the defense. [COA][OFFICE OF THE CITY ATTORNEY]
<br />-end-
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