Title
Approve the release of Indemnification Bond for Stormwater, Grading, and Erosion Control in the amount of $1,000,000, Bond No. SUR0043485, related to said improvements in accordance with Combined Development Permit No. PLN030204 Condition of Approval No. 235 and Indemnification Agreement terms.
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors approve the release of Indemnification Bond for Stormwater, Grading, and Erosion Control in the amount of $1,000,000, Bond No. SUR0043485, related to said improvements in accordance with Combined Development Permit No. PLN030204 Condition of Approval No. 235 and Indemnification Agreement terms.
SUMMARY:
The recommended action will release Developer Indemnification Bond No. SUR0043485 for Stormwater, Grading, and Erosion Control in the amount of $1,000,000, in accordance with Combined Development Permit No. PLN030204 Condition of Approval No. 235 and Indemnification Agreement terms.
DISCUSSION:
The East Garrison Specific Plan Project Combined Development Permit No. PLN030204 Condition of Approval No. 235, states, in part, the following:
The applicant agrees as a condition and in consideration of the approval of this discretionary development permit that it will defend, indemnify and hold harmless the County of Monterey or its agents, officers and employees from any claim, action or proceeding against the County or its agents, officers or employees in connection with any erosion, flooding, stormwater runoff, grading or discharge as a result of the project. The indemnification shall include the cost of independent outside counsel if engaged by the County to defend any such action. The property owner will reimburse the County for any and all court costs, fines, penalties or attorney's fees, to the extent allowed by law, which the County may be required to by a court to pay as a result of such action. County may, at its sole discretion, participate in the defense of such action, but such partici...
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