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51. Pursuant to Section 66474.9(b) of the California Government Code, <br />Applicant shall defend, indemnify, and hold harmless the City, its agents, officers, <br />and employees from any claim, action, or proceeding against the City o its <br />agents, officers or employees, to attach, set aside, void, or annul an approval of <br />the City, including but not limited to the Planning Commission, and the City's and <br />Planning Commission's agents, officers or employees, concerning this <br />subdivision, brought within the time period provided for in Section 66499.37. <br />The City shall promptly notify Applicant of any such claim, action or proceeding <br />and Shall cooperate fully in the defense. <br />2. No building o zoning permit shall be issued, and no use shall be <br />established except in accordance with and subject to the terms and conditions <br />outlined above, and in no case shall such permit be issued or use established <br />prior to the final action on any appeals that may be filed within the appeal period. <br />Any appeal made in accordance with the provisions of Section 48.2, Ordinance <br />No. 113 (Zoning Ordinance), must be received by the City Clerk no later than <br />seven calendar days after the date of the official action. AS such, this Planned <br />Community Permit shall become effective on the eighth 1 " day following the <br />date of approval by the Planning Commission unless an appeal to Said decision <br />has been filed in accordance with the provisions stated above. <br />Section 4. This resolution is effective upon its adoption. <br />ATTY/F ESO.21 8! 201 MARSHAL P <br />REV-.12/29/11 <br />Page 8 of 9 <br />