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Exhibit "A" <br /> Recommended Conditions of Approval <br /> Appeal of P11-0664 <br /> 3642 Carlsbad Way <br /> 1. The fencing shall conform substantially to the elevation and site plans, <br /> marked Exhibit B, dated "Received August 18, 2011," on file at the <br /> Planning Division. Minor changes to the plans may be allowed subject <br /> to the approval of the Zoning Administrator if found to be in substantial <br /> conformance to the approved exhibits. <br /> 2. To the extent permitted by law, the project applicant shall defend (with <br /> counsel reasonably acceptable to the City), indemnify and hold <br /> harmless the City, its City Council, its officers, boards, commissions, <br /> employees and agents from and against any claim (including claims for <br /> attorneys fees), action, or proceeding brought by a third party against <br /> the indemnified parties and the applicant to attack, set aside, or void <br /> the approval of the project or any permit authorized hereby for the <br /> project, including (without limitation) reimbursing the City its attorneys <br /> fees and costs incurred in defense of the litigation. The City may, in its <br /> sole discretion, elect to defend any such action with attorneys of its <br /> choice. <br /> 3. All appropriate City permits for the existing fencing shall be obtained <br /> within 30-days of this approval. <br />