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PC Resolution No. 2024-XXX November 7, 2024
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<br />PLN23-0031 Attachment 1 - Page 4 of 15 440 Peralta Avenue
<br />8. Access to Conditions of Approval. These Conditions of Approval shall be made
<br />available and accessible to all property owners and occupants on the property.
<br />9. Successors in Interest. These conditions of approval shall run with the land and
<br />the Applicant/Owner shall be responsible for ensuring that any heirs, executors,
<br />administrators, and successors in interest who assumes responsibility for this
<br />approval are informed of its terms and conditions.
<br />10. Permits Required. The Applicant/Owner shall obtain any and all permits required,
<br />including but not limited to grading permits, building permits, fire permits, and
<br />encroachment permits for any work in the right-of-way.
<br />11. Fees. Prior to permit issuance, any and all outstanding Planning, Engineering or
<br />Building deposit fees or balances shall be paid in full.
<br />Indemnification
<br />12. The Applicant/Owner hereby agrees to defend, indemnify, and hold harmless the
<br />City of San Leandro, its Council, boards, commissions, officers, employees and
<br />agents, from and against any and all claims, suits, actions, liability, loss, damage,
<br />expense, cost (including, without limitation, attorneys’ fees, costs and fees of
<br />litigation) of every nature, kind or description, which may be brought by a third party
<br />against, or suffered or sustained by, the City of San Leandro, its Council, boards,
<br />commissions, officers, employees or agents to challenge or void the permit granted
<br />herein or any California Environmental Quality Act determinations related thereto.
<br />13. In the event that any person should bring an action to attack, set aside, void or annul
<br />the City’s approval of this Project, the Applicant/Owner shall defend, indemnify and
<br />hold harmless the City and/or its agents, officers and employees from any claim,
<br />action, or proceeding against the City and/or its agents, officers and employees with
<br />counsel selected by the Applicant/Owner (which shall be the same counsel used by
<br />Applicant/Owner) and reasonably approved by the City. Applicant/Owner’s obligation
<br />to defend, indemnify and hold harmless the City and/or its agents, officers and
<br />employees shall be subject to the City’s compliance with Government Code Section
<br />66474.9.
<br />Additional Submittals
<br />14. Applicable Permits. The Applicant/Owner shall obtain any and all required permits,
<br />including but not limited to grading permits, building permits, fire permits,
<br />encroachment permits for any work in the right-of-way, final map for subdivision, and
<br />permits from all applicable utility agencies.
<br />15. Annotated Conditions of Approval. Prior to submitting for building permits and
<br />prior permit issuance, the Applicant/Owner shall provide the Planning Division a
<br />copy of these Conditions of Approval, with responses (annotations) to each condition
<br />detailing how each condition has been complied with or will be complied with. Each
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