|
ATTY/RESO.0024/PC RESO 901 EL CAMINO
<br />REV: 04-11-25 VR
<br />Page 24 of 27
<br />118.Indemnification –Per Redwood City Code Section 1.54, the Applicant shall indemnify,
<br />defend, and hold harmless the City, its officers, employees and agents, from any and all
<br />claims and lawsuits from third party(s) involving or related to the City’s consideration
<br />and/or approval of the Project. In doing so, Applicant shall defend (with counsel approved
<br />by City), indemnify, and hold harmless the City, its agents, officers, and employees from
<br />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
<br />an approval of the Project, including without limitation any related application, permit,
<br />certification, condition, environmental determination, other approval, compliance or
<br />failure to comply with applicable laws and regulations, and/or processing methods
<br />(“Challenge”). City may (but is not obligated to) defend such Challenge as City, in its sole
<br />discretion, determines appropriate, all at Applicant’s sole cost and expense. Applicant shall
<br />bear any and all losses, damages, injuries, liabilities, costs, and expenses (including, without
<br />limitation, staff time and in-house attorney's fees on a fully-loaded basis, attorney’s fees
<br />for outside legal counsel, expert witness fees, court costs, and other litigation expenses)
<br />arising out of or related to any Challenge (“Costs”), whether incurred by Applicant, City, or
<br />awarded to any third party, and shall pay to the City upon demand any Costs incurred by
<br />the City. No modification of the Project, any application, permit, certification, condition,
<br />environmental determination, other approval, change in applicable laws and regulations,
<br />or change in processing methods shall alter the Applicant’s indemnity obligation. Per
<br />Government Code Section 66474.9, Applicant’s indemnification obligation with respect to
<br />any Challenge concerning a subdivision (tentative, parcel, or final map application or
<br />approval) shall be limited to actions brought within the time period provided for in
<br />Government Code Section 66499.37, unless such time period is extended for any reason.
<br />The City shall promptly notify Applicant of any such claim, action or proceeding and shall
<br />cooperate fully in the defense. [COA] [OFFICE OF THE CITY ATTORNEY]
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
|