11D - 2ND READ ORD - BOWERY - Laserfiche WebLink

Home Browse Search

Second Reading for AA No. 2020-01 (Warner Redhill Mixed -Use Development) September 1, 2020 Page 2 project has been conditioned to record an Avigation Easement and to indemnify the City for all potential future legal actions and liabilities associated with the overrule action. Following the City Council meeting, additional questions were raised pertaining to the details of the indemnification to be provided by the Applicant. In response to these questions, staff has prepared an Indemnification Agreement to provide clarity and scope of indemnification. A copy of the Indemnification Agreement executed by the applicant and property owner is attached (Exhibit 2) for the City Council to review and approve. The Agreement's main components include: • The Applicant will indemnify and hold the City harmless from any and all claims including property damage, personal injury and/or lawsuits brought against the City related to or associated with the City overruling the ALUC's Determination of Inconsistency for the Project. • The Applicant will pay for the defense of any and all Claims brought against City and that the Developer shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. • The Agreement shall be recorded against the property and shall run with the land to the benefit of the City. Submitted by: Minh Thai, Executive Director/Planning and Building Agency Exhibits: 1. Ordinance for Amendment Application No. 2020-01 2. Indemnification Agreement 11 D-2