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9. Modifications to the project shall be processed pursuant to the project Development Agreement.
<br />II. INDEMNIFICATION
<br />10. The Applicant/Developer hereby agrees to defend, indemnify, and save harmless the City of San
<br />Leandro, its Council, boards, commissions, officers, employees and agents, from and against any
<br />and all claims, suits, actions, liability, loss, damage, expense, cost (including, without limitation,
<br />attorneys' fees, costs and fees of litigation) of every nature, kind or description, which may be
<br />brought by a third party against, or suffered or sustained by, the City of San Leandro, its Council,
<br />boards, commissions, officers, employees or agents to challenge or void the permit granted herein
<br />or any California Environmental Quality Act determinations related thereto.
<br />11. In the event that any person should bring an action to attack, set aside, void or annul the City's
<br />approval of this project, the Applicant/Developer shall defend, indemnify and hold harmless the
<br />City and/or its agents, officers and employees from any claim, action, or proceeding against the
<br />City and/or its agents, officers and employees with counsel selected by the Applicant/Developer
<br />(which shall be the same counsel used by Applicant/Developer) and reasonably approved by the
<br />City. Applicant's/Developer's obligation to defend, indemnify and hold harmless the City and/or
<br />its agents, officers and employees shall be subject to the City's compliance with Government Code
<br />Section 66474.9.
<br />12. Where any state, federal or case law allows City to exercise any discretion or take any act with
<br />respect to that law, City shall, in an expeditious and timely manner, at the earliest possible time,
<br />(a) exercise its discretion in such a way as to be consistent with, and carry out the terms of, this
<br />Agreement and (b) take such other actions as may be necessary to carry out in good faith the terms
<br />of this Agreement.
<br />13. City shall take all actions that are necessary or advisable to uphold the validity and enforceability of
<br />this Agreement. If this Agreement is adjudicated or determined to be invalid or unenforceable, City
<br />agrees, subject to all legal requirements, to consider modifications to this Agreement to render it
<br />valid and enforceable to the extent permitted by applicable law. Developer shall pay all of City's
<br />documented costs, including attorneys' fees and experts' costs, incurred to modify or defend this
<br />Agreement.
<br />III. ADDITIONAL PLAN SUBMITTALS
<br />Prior to Close of Sale on Single-Familv Parcel
<br />14. The Applicant/Developer shall submit a site visibility analysis for all public/private street and
<br />private street/drive alleyway intersection within the single-family residential element. Analysis
<br />shall be reviewed and approved by the City's Engineering and Transportation Department.
<br />15. In accordance with the requirements of the Development Agreement, Section 1.4.17 of the
<br />Disposition and Development Agreement, and Mitigation Measure HYDRO-7 of the MMRP, the
<br />Developer Project Elements must meet City engineering requirements related to flood plain and
<br />sea level rise, with such requirements and the site engineering plans subject to approval of the
<br />City Engineering and Transportation Director. In accordance with Mitigation Measure HYDRO-7,
<br />Recommended Conditions of Approval June 21, 2022
<br />PLN22-0008, PLN21-0020 & PLN21-0021 Page 2 of 39
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