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SAN 'J DAQ lJ IN GOMlul{JluITY DEE-1-OPMENT DEPARTMENT
<br /> C OH N I Y MOUNTAIN HOUSE
<br /> PLAN AND DEVELOPMENT TITLE
<br /> APPLICATIONIAMENOMENT
<br /> F-ll_r:NUMBER;
<br /> 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 /> 9. 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 file 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 Cotmty 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.
<br /> EF NSE-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 fall to promptly assume the defense of any Claim or to promptly employ counsel reasonably satisfactory to
<br /> the County, then County may utilize fife 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, fr(lstce,trustor, or corporate officer)of the property(s) involved in this
<br /> application,or
<br /> FQ] Legal agent(altach 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.
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