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<br />Resolution No. 2025-XX <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 <br />cause substantial environmental damage or substantially and <br />avoidably 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 <br />there are no known fish or wildlife populations existing on the <br />Project site. Therefore, the proposed condominium <br />subdivision will not cause any substantial environmental <br />damage or substantially and avoidably injure fish and wildlife <br />or their 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 <br />will not have any detrimental effects upon the general public. <br />The property includes all the necessary utilities and <br />infrastructure improvements as required by the SAMC and <br />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 <br />claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether <br />legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative <br />dispute resolution procedures (including, but not limited to arbitrations, media tions, <br />and such other procedures), judgments, orders, and decisions (collectively “Actions”), <br />brought against the City and/or any of its officials, officers, employees, agents, <br />departments, agencies, and instrumentalities thereof, that challenge, attack, o r seek <br />to modify, set aside, void, or annul, any action of, or any permit or approval issued by <br />the City and/or any of its officials, officers, employees, agents, departments, <br />