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ATTACHM E NT 1
<br /> 30. The applicant shall retain a Civil Engineer to prepare "as-built" or
<br /> "record" drawings, and the drawings shall be submitted in AutoCad format.
<br /> 31. Continuous site inspection shall be provided by a Soils Engineer at the
<br /> Developer's expense during trenching and backfill operations. The soils engineer
<br /> shall take compaction tests, and shall submit test results to the City Engineer.
<br /> 32. Failure to comply with any permit condition may result in a "Stop Work"
<br /> order or other penalty.
<br /> 33. The applicant shall provide for payment of all City inspection and plan
<br /> check charges associated with the installation of public and private improvements,
<br /> including, but not limited to, streets, sanitary sewers, water, storm drains and street
<br /> lights.
<br /> 34. The applicant shall post Performance and Labor& Materials Bonds for
<br /> all improvements to be dedicated to the City, in a manner approved by the City
<br /> Engineer.
<br /> 35. The project shall' comply with fire code requirement for access and
<br /> water supply and with the requirements for R-1 Hotels as required by the CA Fire
<br /> Code.
<br /> 36. The applicant shall submit a comprehensive landscape and irrigation
<br /> plan as part of building permit submittal package. The landscape plan shall include
<br /> details of all furniture (i.e. benches, light standards, trash receptacles, etc.), and
<br /> must be consistent with all provisions of the Peninsula Park Precise Plan.
<br /> 37. Applicant shall defend (with counsel approved by City), indemnify, and
<br /> hold harmless the City, its agents, officers, and employees from and against any
<br /> claim, action, or proceeding against the City or its agents, officers or employees, to
<br /> attack, set aside, void, or annul an approval of the Project, including without limitation
<br /> any related application, permit, certification, condition, environmental determination,
<br /> other approval, compliance or failure to comply with applicable laws and regulations,
<br /> and/or 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 sole
<br /> discretion, determines appropriate, all at applicant's sole cost and expense. The
<br /> 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, court
<br /> 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 shall
<br /> pay to the City upon demand any Costs incurred by the City. No modification of the
<br /> project, any application, permit, certification, condition, environmental determination,
<br /> other approval, change in applicable laws and regulations, or change in processing
<br /> methods shall alter the applicant's indemnity obligation. The City shall promptly notify
<br /> Applicant of any such claim, action or proceeding and shall cooperate fully in the
<br /> defense.
<br /> ATTY/RES0.2982/PC ONE MARINA HOTEL—650 BAIR ISLAND ROAD
<br /> REV:05-29-14 VR
<br /> Page 7 of 9
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