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4 we <br /> .JN <br /> COMMUNITY DEVELOPMENT DEPARTMENT <br /> 3 -COU QTY- LOT LIME ADJUSTMENT <br /> wp <br /> 'f: . rie. s , F }IS M res . <br /> FILE NUMBER : <br /> ACTlC �Z ► TINGATU� <br /> - <br /> 10 <br /> J09I L ' ' Q R f, :THE= Pl O R`A`Y �R . AN AUTHORIZED AG 11T MAY ��L AN At�I��,�G�,C�'�C�N <br /> I , the Owner/Applicant/Agent 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: <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 <br /> claim shall not relieve me of any obligation to indemnify, defend , and hold harmless the County. any <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 /> ❑ 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 /> Print Name : David Smith Signature : Datero - <br /> Print Name : Irene SmithI1111111111 11 Signature : <br /> Date : <br /> Print Name : Date :Signature : � <br /> Print Name : Signature : Date : <br /> Print Name : Signature : Date : <br /> Page 3 of 3 <br /> Updated 09/01 /2020 <br />