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ATTY/RESO.0025/ PC APPROVING AP 2020-060
<br />REV: 03-31-2023 JB
<br />Page 17 of 18
<br />39. Grading – Grading shall be performed in accordance with the City’s Engineering
<br />Standards. Soil or other construction materials shall not be stockpiled in the public
<br />right-of-way. Submit cut/fill volumes (CY) for all soils to be imported to or exported
<br />from the site. [SDR][ENGINEERING]
<br /> 40. Monitoring - The Soils Engineer shall conduct continuous site inspections during
<br />trenching and backfill operations at the applicant’s expense. The Soils Engineer
<br />shall take compaction tests and submit the results to Engineering & Construction.
<br />[SDR][ENGINEERING] 41. Transportation Demand Management Program – A final Transportation Demand
<br />Management (TDM) program, describing the elements to be implemented, shall be
<br />reviewed and approved prior to certificate of building occupancy. The TDM program
<br />shall include an annual reporting requirement for the life of the project that details
<br />overnight parking utilization rates and resident use and awareness of the program.
<br />Annual reporting shall be made by January 31 of each year. [COA][ENGINEERING]
<br />Other Agency Permits 42. Caltrans - If a portion of the proposed work is within the State of California right-of-
<br />way (Woodside Road, El Camino Real), the applicant shall contact the California
<br />Department of Transportation (Caltrans) at (510) 286-4417 to obtain all necessary
<br />Encroachment Permits prior to Building permit issuance. [SDR][ENGINEERING]
<br />General Requirements 43. Indemnification – Per Redwood City Municipal Code Section 1.54, Applicant shall
<br />defend (with counsel approved by City), indemnify, and hold harmless the City, its
<br />agents, officers, and employees from and against any claim, action, or proceeding
<br />against the City or its agents, including without limitation any related application,
<br />permit, certification, condition, environmental determination, other approval,
<br />compliance or failure to comply with applicable laws and regulations, and/or
<br />processing methods (“Challenge”). If Applicant does not promptly defend any
<br />Challenge, City may (but is not obligated to) defend such Challenge as City, in its
<br />sole discretion, determines appropriate, all at applicant’s sole cost and expense.
<br />Applicant shall bear any and all losses, damages, injuries, liabilities, costs, and
<br />expenses (including, without limitation, staff time and in-house attorney's fees on a
<br />fully-loaded basis, attorney’s fees for outside legal counsel, expert witness fees,
<br />court costs, and other litigation expenses) arising out of or related to any Challenge
<br />(“Costs”), whether incurred by Developer, City, or awarded to any third party, and
<br />shall pay to the City upon demand any Costs incurred by the City. No modification
<br />of the project, any application, permit, certification, condition, environmental
<br />determination, other approval, change in applicable laws and regulations, or change
<br />in processing methods shall alter the applicant’s indemnity obligation. Per to
<br />Government Code Section 66474.9, Applicant’s indemnification obligation with
<br />respect to any claim, action or proceeding to attack, set aside, void, or annul an
<br />approval of City concerning a subdivision (tentative, parcel, or final map application
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