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ATTY/RESO.0114/CC RESO APPROVING MODIFICATION TO ELCO YARD PROJECT – EXHIBIT A
<br />REV: 11-19-25 VR
<br />Page 4 of 5
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<br />bedroom units, and one (1) three-bedroom unit to very low
<br />income households (as defined in Health & Safety Code Section
<br />50105) which shall in no event exceed 50 percent of area median
<br />income, adjusted for family size at an “affordable rent” including
<br />a reasonable utility allowance (as defined in Health & Safety Code
<br />Section 50053).
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<br />The Affordable Housing Agreement term shall be for a period of 55
<br />years from the date of final certificate of occupancy. The
<br />affordable housing agreement shall specify the number, type,
<br />location, size, and phasing of all affordable units, provisions for
<br />marketing, income certification and screening of potential renters
<br />of units including the financing of ongoing administrative and
<br />monitoring costs, consistent with the approved affordable housing
<br />plan. The affordable housing agreement shall specify the delivery of
<br />these units relative to the commercial development and to the
<br />market rate units, consistent with condition #4 (Affordable
<br />Housing).
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<br />109. Indemnification. Per Redwood City Code Section 1.54, Applicant shall
<br />indemnify, defend, and hold harmless the City, its officers, employees and
<br />agents, from any and all claims and lawsuits from third party(s) involving or
<br />related to the City’s consideration and/or approval of the Project. In doing so,
<br />Applicant shall defend (with counsel approved by City), indemnify, and hold
<br />harmless the City, its agents, officers, and employees from and against any
<br />claim, action, or proceeding (including without limitation any appeal or petition
<br />for review thereof) against the City or its agents, officers or employees related
<br />to an approval of the Project, including without limitation any related
<br />application, permit, certification, condition, environmental determination, other
<br />approval, compliance or failure to comply with applicable laws and regulations,
<br />and/or processing methods (“Challenge”). City may (but is not obligated to)
<br />defend such Challenge as City, in its sole discretion, determines appropriate,
<br />all at Applicant’s sole cost and expense. Applicant shall bear any and all
<br />losses, damages, injuries, liabilities, costs, and expenses (including, without
<br />limitation, staff time and in-house attorney's fees on a fully-loaded basis,
<br />attorney’s fees for outside legal counsel, expert witness fees, court costs, and
<br />other litigation expenses) arising out of or related to any Challenge (“Costs”),
<br />whether incurred by Applicant, City, or awarded to any third party, and shall
<br />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
<br />change in processing methods shall alter the Applicant’s indemnity obligation.
<br />Per Government Code Section 66474.9, Applicant’s indemnification obligation
<br />with respect to any Challenge concerning a subdivision (tentative, parcel, or
<br />final map application or approval) shall be limited to actions brought within the
<br />time period provided for in Government Code Section 66499.37, unless such
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