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<br /> <br />General Requirements <br />29. Substantial Conformity - Applicant shall ensure that all improvements substantially conform to the <br />project plans prepared by AEM dated 10/27/2021, and related information submitted by the <br />Applicant, on file with Planning Services. [COA][PLANNING] <br />30. Exterior Materials – The exterior materials, colors, textures, trim elements, windows and roof pitch <br />of the project shall be consistent throughout. [COA][PLANNING] <br />31. Review of Modifications - All modifications to the approved plans shall be submitted to Planning for <br />review and approval prior to the issuance of a Building Permit. Substantial modification of approved <br />plans, as determined by the Zoning Administrator, may be subject to an amendment or a new Permit. <br />[COA][PLANNING] <br />32. Hours of Construction – Construction activity is permitted between 7:00 a.m. and 8:00 p.m. Monday <br />through Friday, except as permitted on weekends by the Building Official. [SDR][BUILDING] <br />33. 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 and <br />against any claim, action, or proceeding (including without limitation any appeal or petition for review <br />thereof) against the City or its agents, officers or employees related to an approval of the Project, <br />including without limitation any related application, permit, certification, condition, environmental <br />determination, other approval, compliance or failure to comply with applicable laws and regulations, <br />and/or processing methods (“Challenge”). City may (but is not obligated to) defend such Challenge as <br />City, in its sole discretion, determines appropriate, all at applicant’s sole cost and expense. Applicant <br />shall bear any and 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 fees for outside <br />legal counsel, expert witness fees, court costs, and other litigation expenses) arising out of or related <br />to any Challenge (“Costs”), whether incurred by Applicant, City, or awarded to any third party, and <br />shall pay to the City upon demand any Costs incurred by the City. No modification of the project, any <br />application, permit, certification, condition, environmental determination, other approval, change in <br />applicable laws and regulations, or change in processing methods shall alter the applicant’s indemnity <br />obligation. Per Government Code Section 66474.9, Applicant’s indemnification obligation with <br />respect to any Challenge concerning a subdivision (tentative, parcel, or final map application or <br />approval) shall be limited to actions brought within the time period provided for in Government Code <br />Section 66499.37, unless such time period is extended for any reason. The City shall promptly notify <br />Applicant of any such claim, action or proceeding and shall cooperate fully in the defense. <br />[COA][OFFICE OF THE CITY ATTORNEY] <br />-end- <br />ATTY/RESO.0074/ PC APPROVING DOWNTOWN PLANNED COMMUNITY PERMIT FOR PROJECT AT 1100 EL CAMINO REAL <br />REV: 07-11-2023 JB <br /> <br />Page 23 of 23