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i <br /> i <br /> : .;�• ' � ' r : COMMUNITY DEVELOPMENT DEPARTMENT <br /> SAN ,,tJOAQUIN SITE APPROVAL <br /> 16 <br /> _ _. . . FILE NUMBER . <br /> IF IF I <br /> 1U <br /> r14 1 <br /> T #E ' ' �I C}PE TY � # '� Y_ <br /> RLE P� . ATIO <br /> l <br /> 1, the Owner/ApplicantfAgent agrees to indemnify, defend (with counsel reasonably approved by County) , and hold <br /> harmless the County and its officers, officials, employees , agents; boards and commissions (collectively "County" ) as <br /> follows : <br /> 1 . INDEMNITY : IF <br /> A. From and against any and all claims , demands , actions , proceedings, lawsuits , losses , damages , <br /> judgments and/or liabilities arising out of, related to , or in connection with the application and applied for project or to <br /> attack , set aside, void , or annul , in whole or in part, an approval of the applied for project by the County , the adoption of <br /> environmental review documents related to the applied for project, and any related development approvals or project <br /> conditions for the applied for project ( hereinafter "Claim") , <br /> B . For any and all costs and expenses incurred by the County on account of any Claim , except where such <br /> indemnification is prohibited by law, including but not limited to damages , costs , expenses , attorney' s fees , or expert <br /> witness costs that may be asserted by any person or entity , private attorney general fees claimed by or awarded to any <br /> party against the County , and the County's costs incurred in preparing an administrative record which are not paid by the <br /> petitioner . <br /> C . Except as to the County' s sole negligence or willful misconduct. <br /> 2 . DEFENSE : <br /> A. The County may participate or direct the defense of any Claim . The County's actions in defense of any <br /> claim shall not relieve me of any obligation to indemnify , defend, and hold harmless the County . <br /> B . In the event of a disagreement between County and me regarding defense of any Claim , the County shall <br /> have the authority to control the litigation and make litigation decisions , including , but not limited to , the manner in which <br /> the defense is conducted . <br /> C . If the County reasonably determines that having common counsel presents such counsel with a conflict of <br /> interest , or if I fail to promptly assume the defense of any Claim or to promptly employ counsel reasonably satisfactory to <br /> the County , then County may utilize the Office of the County Counsel or employ separate outside counsel to represent or <br /> defend the County , and I shall pay the reasonable attorneys ' fees and costs of such counsel . <br /> I , further , certify under penalty of perjury that I am ( check one ) : <br /> Legal property owner ( owner includes partner , trustee, trustor , or corporate officer ) of the property( s ) involved in this <br /> application , or <br /> (l Legal agent ( attach proof of the owner' s consent to the application of the properties involved in this application ) and <br /> have been authorized to file on their behalf, and that the foregoing application statements are true and correct . <br /> ' r Date : 's # <br /> Prin7Name : ,ArP;n ignatur*, <br /> Print Name . Signature , Date <br /> Print Name Signature & Date <br /> Print Name - Signature . Date <br /> Print Name Signature Date <br /> fag e 6 or <br /> Jpdated 1 / / 2512019 <br />