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SAN JOAQUINCOMMUNITY DEVELOPMENT DEPARTMENT <br /> - COUNTY _ ___ VARIANCE <br /> FILE NUMBER : <br /> F:::: AUTHORIZATION SIGNATURES <br /> ONLY THE OWNER OF THE PROPERTY OR AN AUTHORIZED AGENT MAY FILE AN APPLICATION <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 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 /> ❑ <br /> E 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 : Signature ; Date : <br /> Print Name : Signature : Date : <br /> Print Name : Signature : Date : <br /> Print Name : Signature : Date : <br /> Print Name : Signature : Date : <br /> Page 4of4 <br /> Updated 09 / 15 / 2020 <br />