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Resolution No. 2025-28
<br />Page 3 of 9
<br />existing surrounding properties in the neighborhood and with
<br />SD-84 development standards.
<br />4. The design and improvements of the proposed project will not cause
<br />substantial environmental damage or substantially and avoidably
<br />injuries to fish or wildlife of their habitat.
<br />The design and improvements of the Project do not cause
<br />substantial environmental damage or substantially and
<br />avoidably injure fish and wildlife or their habitat and were
<br />evaluated as part of the plan check process in 2018. In
<br />addition, the Project is located in an urbanized area, and there
<br />are no known fish or wildlife populations existing on the Project
<br />site. Therefore, the proposed condominium subdivision will
<br />not cause any substantial environmental damage or
<br />substantially and avoidably injure fish and wildlife or their
<br />habitat.
<br />5. The design or improvements of the proposed project will not cause
<br />serious public health problems.
<br />The design or improvements of the Project do not cause
<br />serious health problems and were evaluated as part of the
<br />plan check process in 2018. The condominium subdivision will
<br />not have any detrimental effects upon the general public. The
<br />property includes all the necessary utilities and infrastructure
<br />improvements as required by the SAMC and SMA.
<br />6. The design or improvements of the proposed project will not conflict
<br />with easements necessary for public access through or use, of
<br />property within the proposed project.
<br />The design and improvements of the Project do not conflict
<br />with easements necessary for public access or use of the
<br />property within the proposed Project. In addition, Covenants,
<br />Conditions, and Restrictions will ensure reciprocal access
<br />rights and maintenance agreements between properties.
<br />Section 2. The Applicant shall indemnify, protect, defend and hold the City
<br />and/or any of its officials, officers, employees, agents, departments, agencies,
<br />authorized volunteers, and instrumentalities thereof, harmless from any and all claims,
<br />demands, lawsuits, writs of mandamus, and other and proceedings (whether legal,
<br />equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute
<br />resolution procedures (including, but not limited to arbitrations, mediations, and such
<br />other procedures), judgments, orders, and decisions (collectively “Actions”), brought
<br />against the City and/or any of its officials, officers, employees, agents, departments,
<br />agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set
<br />aside, void, or annul, any action of, or any permit or approval issued by the City and/or
<br />any of its officials, officers, employees, agents, departments,
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