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ATTY/RESO.0080/PC RESO 590 VETERANS & 91 WINSLOW PROJECT – EXHIBIT A - COA
<br />REV: 11-14-24 JB
<br />Page 19 of 19
<br />93. Modifications - Modifications to the approved plans require Planning review and
<br />approval prior to building permit issuance. Minor project modifications required to meet
<br />building, fire, and safety codes at time of building permit plan check may be allowed, at
<br />the City’s discretion. Substantial modification of approved plans, as determined by the
<br />Zoning Administrator, may be subject to an amendment or a new Permit.
<br />[COA][PLANNING]
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<br />94. 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
<br />approval, compliance or failure to comply with applicable laws and regulations, and/or
<br />processing methods (“Challenge”). City may (but is not obligated to) defend such
<br />Challenge as City, in its sole discretion, determines appropriate, all at applicant’s sole cost
<br />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
<br />fully-loaded basis, attorney’s fees for outside legal counsel, expert witness fees, court
<br />costs, and 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 pay to the
<br />City upon demand any Costs incurred by the City. No modification of the project, any
<br />application, permit, certification, condition, environmental determination, other
<br />approval, change in applicable laws and regulations, or change in processing methods
<br />shall alter the applicant’s indemnity obligation. Per Government Code Section 66474.9,
<br />Applicant’s indemnification obligation with respect to any Challenge concerning a
<br />subdivision (tentative, parcel, or final map application or approval) shall be limited to
<br />actions brought within the time period provided for in Government Code Section
<br />66499.37, unless such time period is extended for any reason. The City shall promptly
<br />notify Applicant of any such claim, action or proceeding and shall cooperate fully in the
<br />defense. [COA] [OFFICE OF THE CITY ATTORNEY]
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