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<br /># GENERAL Conditions Compliance
<br />and/or approval of the Project. In doing so, Applicant shall defend (with counsel approved by City), indemnify, and hold
<br />harmless the City, its agents, officers, and employees from and against any claim, action, or proceeding (including without
<br />limitation any appeal or petition for review thereof) against the City or its agents, officers or employees related to an approval
<br />of the Project, including without limitation any related application, permit, certification, condition, environmental
<br />determination, other approval, 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 its sole discretion, determines
<br />appropriate, all at Applicant’s sole cost and expense. Applicant shall bear any and all losses, damages, injuries, liabilities, costs,
<br />and expenses (including, without limitation, staff time and in-house attorney's fees on a fully-loaded basis, attorney’s fees for
<br />outside legal counsel, expert 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 the City upon demand any Costs
<br />incurred by the City. 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 methods shall alter the
<br />Applicant’s indemnity obligation. Per Government Code Section 66474.9, Applicant’s indemnification obligation with respect
<br />to any Challenge concerning a subdivision (tentative, parcel, or final map application or approval) shall be limited to actions
<br />brought within the time period provided for in Government Code Section 66499.37, unless such time period is extended for
<br />any reason. The City shall promptly notify Applicant of any such claim, action or proceeding and shall cooperate fully in the
<br />defense. [Chapter 1 Section 1.54 of Municipal Code][SDR]
<br /># DEVELOPMENT FEE Conditions – Fees listed below are estimates. Rates in effect at building permit issuance will apply unless
<br />otherwise noted. See Master Fee Schedule for details.
<br />Compliance
<br />D1 Parks Impact Fee. Pay a Parks Impact Fee for the net new dwelling units and/or commercial square footage resulting from
<br />the project estimated at $197,364.60, unless any credit is granted by the City Council. [Section 18.258 of Municipal
<br />Code][Parks][SDR]
<br />Prior to Building Permit
<br />Issuance
<br />D2 School Impact Fee. Provide proof of payment of the School Impact Fee to the Sequoia Union High School District. Contact the
<br />Sequoia Union High School District for information regarding this fee at (650) 369-1411. [Link to School District Website][SDR]
<br />Prior to Building Permit
<br />Issuance
<br />D3 Sewer Capacity Fee. Pay sewer capacity fees for the net new dwelling units and/or commercial/industrial EDU resulting from
<br />the project estimated at $569,831. [Section 27.100 of Municipal Code] [Engineering][SDR]
<br />Prior to Building Permit
<br />Issuance
<br />D4 Transportation Impact Fee. Pay the Transportation Impact Fee for the net new trips resulting from the project, estimated at
<br />$143,854.28 .[Section 18.247 of Municipal Code][Engineering][SDR]
<br />Prior to Building Permit
<br />Issuance
<br />D5 Undergrounding Utilities In-Lieu Fee. In addition to the required undergrounding noted in E17, pay applicable in-lieu fee for
<br />utility undergrounding along St. Francis Street, estimated at $27,000, and identify these utilities on the building permit plans.
<br />This in-lieu fee applies to the two poles proposed to remain above ground along St. Francis between Madison Ave and the
<br />project site, as well as approximately 270 linear feet of overhead lines between the two poles and extending from these poles
<br />toward Jefferson Ave. [Section 18.242 of the Municipal Code][Engineering][SDR]
<br />Prior to Building Permit
<br />Issuance
<br />ATTY/RESO.0110/CC RESO APPROVING ARCHITECTUAL PERMIT (YMCA PROJECT) – EXHIBIT A
<br />REV: 11-06-25 VR
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