Common use of CEQA Compliance Clause in Contracts

CEQA Compliance. County could be either lead agency or responsible agency under CEQA, depending on final project. Nothing in this Agreement shall be interpreted as limiting or prohibiting County’s obligations or discretion as a responsible or lead agency under CEQA to (a) comment on or consider any environmental documentation prepared by lead agency for the Project or (b) make any findings required by CEQA, including, if necessary, adopting or refusing to adopt a statement of overriding considerations. In the event that the environmental documentation prepared by a lead agency, which could either be County or another governmental agency, identifies any alternatives to the Project or mitigation measures that are within the jurisdiction of County as a responsible or lead agency to implement, County may consider such alternatives and mitigation measures and adopt all or some of the alternatives or mitigation measures prior to executing the Ground Lease. Any alternatives or mitigation measures adopted by County shall be incorporated into the Ground Lease. If Developer rejects the inclusion of such adopted alternatives or mitigation measures in the Ground Lease, County or Developer shall be entitled to terminate this Agreement. Prior to execution of the Ground Lease by the County, the making of any findings required by CEQA, the determination of whether a statement of overriding considerations should or should not be adopted, whether alternatives or mitigation measures identified in the environmental documentation prepared by the lead agency should be incorporated into the Ground Lease, or whether a notice of determination pursuant to Public Resources Code Section 21152 should be filed shall be made by the County of San Diego, Director, Department of Public Works, with appeal rights to the San Diego County Board of Supervisors. Developer shall defend and indemnify the County, its agents, officers and employees (collectively "County Parties") from any claim, action, liability or proceeding against the County Parties to attack, set aside, void or annul the Developer’s Project or any of the proceedings, acts or determinations taken, done or made as a result of County's processing and for approval of the Project. Developer’s obligation to defend and indemnify under this Agreement shall apply to any lawsuit or challenge against the County Parties alleging failure to comply with the California Environmental Quality Act (“CEQA”) or compliance with the requirements of any other federal, state, or local laws, including but not limited to general plan and zoning requirements. Developer’s obligations under this Agreement to defend and indemnify the County Parties shall include, but not be limited to, payment of all court costs and attorneys' fees, costs of any judgments or awards against the County, and for any settlement costs, which arise out of County's processing and for approval of the Project.