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6.6.A. - Page 3 <br />ORDINANCE NO. <br />ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REDWOOD <br />CITY ADDING A NEW ARTICLE IV TO CHAPTER 1 OF THE <br />REDWOOD CITY CODE RELATING TO INDEMNIFICATION BY <br />DEVELOPERS <br />WHEREAS, the purpose of this ordinance is to clarify the responsibility of <br />developers to mitigate the fiscal impact of processing applications; <br />NOW, THEREFORE, THE COUNCIL OF THE CITY OF REDWOOD CITY DOES <br />ORDAIN AS FOLLOWS: <br />Section 1. A new CHAPTER 1 ARTICLE IV is hereby added to the Redwood <br />City Municipal Code to read as follows: <br />ARTICLE IV DEVELOPER INDEMNIFICATION <br />1.50 Purpose. <br />A. The city presently requires developers and other applicants for permits to <br />develop real property to pay fees to mitigate the fiscal impact of processing applications. <br />B. The costs associated with defending a legal action brought by a third party <br />challenging the city's approval of a permit or entitlement for development should be a <br />cost burden of the real party -in- interest who is the applicant for such development and <br />not the city. <br />1.51 Definitions. <br />A. "Developer" means any applicant for a permit or entitlement for development. <br />B. "Development" means a land use permit or entitlement under the Redwood <br />City Municipal Code or Zoning Code and shall include determination under the <br />California Environmental Quality Act (CEQA), including but not limited to general plan, <br />specific plan, precise plan or zoning modification or amendment, use permit, variance, <br />zoning permit, architectural permit, planned development permit, planned community <br />permit, modification to permit, sign permit, building permit, subdivision and parcel maps, <br />condominium permits and all other discretionary permits processed by the City. <br />1.52 Indemnity required. <br />Any developer who applies for a permit for development from the city shall, as a <br />condition of such application and process, indemnify, defend, and hold harmless the <br />city, its officers, employees and agents, from any and all claims and lawsuits from third <br />party(s) involving or related to the city's consideration and /or approval of the developer's <br />application for development. <br />ATTY /ORD.367 /INDEMNITY ORDINANCE <br />REV:01/30/12 Page 1 oft <br />