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Applicant shall be responsible for all fees associated with special stormwater
<br /> inspections during construction.
<br /> 46. Applicant shall arrange and pay for final inspection of installed
<br /> treatment measure by the City of Redwood City's Special Inspector within 45 days of
<br /> installation or project construction completion, whichever comes first.
<br /> 46. Prior to removing any public parking spaces from public use during
<br /> construction, the applicant shall apply for Parking Meter Construction Zone Hoods
<br /> per Municipal Code sections 20.175 through 20.183. Parking meter construction
<br /> zone hoods shall be issued upon payment of a deposit of ten dollars ($10.00) per
<br /> hood issued, refundable upon return of the hoods, and a nonrefundable fee of three
<br /> dollars ($3.00) per day per hood issued.
<br /> 48. Pursuant to Redwood City Municipal Code Section 1.54, Applicant
<br /> shall defend (with counsel approved by City), indemnify, and hold harmless the City,
<br /> its agents, officers, and employees from and against any claim, action, or proceeding
<br /> against the City or its agents, officers or employees, to attack, set aside, void, or
<br /> annul an approval of the Project, including without limitation any related application,
<br /> permit, certification, condition, environmental determination, other approval,
<br /> compliance or failure to comply with applicable laws and regulations, and/or
<br /> processing methods ("Challenge"). If applicant does not promptly defend any
<br /> Challenge, City may (but is not obligated to) defend such Challenge as City, in its
<br /> sole discretion, determines appropriate, all at applicant's sole cost and expense.
<br /> The applicant shall bear any and all losses, damages, injuries, liabilities, costs, and
<br /> 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,
<br /> court costs, and other litigation expenses) arising out of or related to any Challenge
<br /> ("Costs"), whether incurred by Developer, City, or awarded to any third party, and
<br /> shall pay to the City upon demand any Costs incurred by the City. No modification
<br /> of the project, any application, permit, certification, condition, environmental
<br /> determination, other approval, change in applicable laws and regulations, or change
<br /> in processing methods shall alter the applicant's indemnity obligation. Pursuant to
<br /> Government Code Section 66474.9, Applicant's indemnification obligation with
<br /> respect to any claim, action or proceeding to attack, set aside, void, or annul an
<br /> approval of City concerning a subdivision (tentative, parcel, or final map application
<br /> or 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
<br /> reason. The City shall promptly notify Applicant of any such claim, action or
<br /> proceeding and shall cooperate fully in the defense.
<br /> 49. 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 conditions
<br /> outlined above, and in no case shall such permit be issued or use established prior
<br /> to the final action on any appeals that may be filed within the appeal period. Any
<br /> appeal made in accordance with the provisions of Section 2.0.3 of the DTPP is to the
<br /> Planning Commission and must be received by the City Clerk no later than fifteen
<br /> calendar days after the date of the notice of official action. As such, this approval
<br /> ATTY/RES0,2964/PC RESO APPROVAL OF TENTATIVE PARCEL MAP(439 FULLER ST)
<br /> REV:03-13-14 VP
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