|
ATTY/RESO.0013/PC RESO 879 VISTA DR – EXHIBIT A
<br />REV: 03-05-24 VR
<br />Page 5 of 5
<br />28. Grading – Grading shall be performed in accordance with the City’s Engineering Standards. Soil
<br />or other construction materials shall not be stockpiled in the public right-of-way. Submit cut/fill
<br />volumes (CY) for all soils to be imported to or exported from the site. [SDR][ENGINEERING] 29. Monitoring - The Soils Engineer shall conduct continuous site inspections during trenching and
<br />backfill operations at the applicant’s expense. The Soils Engineer shall take compaction tests and
<br />submit the results to Engineering & Construction. [SDR][ENGINEERING]
<br />General Requirements 30. Substantial Conformity - Applicant shall ensure that all improvements substantially conform to
<br />the project plans prepared by MacLeod and Associates dated January 8, 2024, and related
<br />information submitted by the Applicant, on file with Planning Services. [COA][PLANNING] 31. 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
<br />from and against any claim, action, or proceeding (including without limitation any appeal or
<br />petition for review thereof) against the City or its agents, officers or employees related to an
<br />approval of the Project, including without limitation any related application, permit,
<br />certification, condition, environmental determination, other approval, compliance or failure to
<br />comply with applicable laws and regulations, and/or processing methods (“Challenge”). City may
<br />(but is not 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 all losses,
<br />damages, injuries, liabilities, costs, and expenses (including, without limitation, staff time and in-
<br />house attorney's fees on a fully-loaded basis, attorney’s fees for outside legal counsel, expert
<br />witness fees, court costs, and other litigation expenses) arising out of or related to any Challenge
<br />(“Costs”), whether incurred by Applicant, City, or awarded to any third party, and shall pay to
<br />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,
<br />change 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 (tentative,
<br />parcel, or final map application or approval) shall be limited to actions brought within the time
<br />period provided for in Government Code Section 66499.37, unless such time period is extended
<br />for any reason. The City shall promptly notify Applicant of any such claim, action or proceeding
<br />and shall cooperate fully in the defense. [COA][OFFICE OF THE CITY ATTORNEY]
<br />
<br />-end-
|