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8.A. - Page 240 <br />case may be, may extend this time once for an additional year upon <br />written request of the applicant. Every Planned Development Permit <br />project for which construction has started shall terminate five (5) years <br />from the date of granting if such construction has not been completed. <br />61 Applicant and each Individual property owner that makes up the joint <br />venture applicant shall defend, indemnify, and hold harmless the City, its <br />agents, officers, and employees from any claim, action, or proceeding <br />against the City or its agents, officers or employees, involving or related to <br />the City's consideration and/or approval of the Project, or any other aspect <br />of the Project or Project improvements. The City shall promptly notify <br />Applicant of any such claim, action or proceeding and shall cooperate fully <br />in the defense. In order to effectuate this condition, prior to issuance of <br />any permit for the Project applicant and each individual property owner <br />that makes up the joint venture shall execute an indemnity and <br />reimbursement agreement substantially in the form on file with Planning <br />Services. <br />62. No building or zoning permit shall be issued, and no use shall be <br />established except in accordance with and subject to the terms and <br />conditions outlined above, and in no case shall such permit be issued or <br />use established prior to the final action on any appeals that may be filed <br />within the appeal period. Any appeal made in accordance with the <br />provisions of Section 48.2 of the Zoning Ordinance, must be received by <br />the City Clerk no later than fifteen calendar days after the date of the <br />official action. As such, this Planned Development Permit shall become <br />effective on the 16th day following the date of approval by the Planning <br />Commission unless an appeal of said decision has been filed in <br />accordance with the provisions stated above. <br />63.A notice of these Conditions of Approval shall be recorded against all <br />properties within the Project area. <br />Section 5. This Resolution is effective upon its adoption. <br />ATTYMM.79411APPRDVING THE LAUREL WAY PD PERMIT <br />REV: 03-18-13 VR <br />Page 12 of 14 <br />