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ATTY/RESO.0022/PS RESO 77 BIRCH STREET – EXHIBIT A
<br />REV: 05-16-24 VR
<br />Page 10 of 10
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<br />53. Monitoring - The Soils Engineer shall conduct continuous site inspections during trenching
<br />and backfill operations at the applicant’s expense. The Soils Engineer shall take compaction
<br />tests and submit the results to Engineering & Construction. [SDR][ENGINEERING]
<br />General Requirements
<br />54. Exterior Materials – The exterior materials, colors, textures, trim elements, windows, and
<br />roof pitch of the project shall be consistent throughout and substantially conform to the
<br />colors and materials board, date received 2/7/2024, on file with Planning Services.
<br />[COA][PLANNING]
<br />55. Modifications - Modifications to the approved plans require Planning review and approval
<br />prior to building permit issuance. Minor project modifications required to meet building,
<br />fire, and safety codes at time of building permit plan check may be allowed, at the City’s
<br />discretion. Substantial modification of approved plans, as determined by the Zoning
<br />Administrator, may be subject to an amendment or a new Permit. [COA][PLANNING]
<br />56. Indemnification – Per Redwood City Code Section 1.54, Applicant shall defend (with
<br />counsel approved by City), indemnify, and hold harmless the City, its agents, officers, and
<br />employees from and against any claim, action, or proceeding (including without limitation
<br />any appeal or petition for review thereof) against the City or its agents, officers or
<br />employees related to an approval of the Project, including without limitation any related
<br />application, permit, certification, condition, environmental determination, other approval,
<br />compliance or failure to comply with applicable laws and regulations, and/or processing
<br />methods (“Challenge”). City may (but is not obligated to) defend such Challenge as City, in
<br />its 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 expenses
<br />(including, without limitation, staff time and in-house attorney's fees on a fully-loaded
<br />basis, attorney’s fees for outside legal counsel, expert witness fees, court costs, and other
<br />litigation expenses) arising out of or related to any Challenge (“Costs”), whether incurred
<br />by 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, permit,
<br />certification, condition, environmental determination, other approval, change in applicable
<br />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
<br />with respect to any Challenge concerning a subdivision (tentative, parcel, or final map
<br />application or approval) shall be limited to actions brought within the time period provided
<br />for in Government Code Section 66499.37, unless such time period is extended for any
<br />reason. The City shall promptly notify Applicant of any such claim, action or proceeding and
<br />shall cooperate fully in the defense. [COA] [OFFICE OF THE CITY ATTORNEY]
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