Vallco Legal Fee Misinformation
The legal fees from the Vallco SB 35 lawsuit were paid for by the developer. My opponents make up claims after getting our important former City Attorney removed, costing us the ability to defend the city properly, forcing us to be stuck with the massive SB 35 project, along with over $444,000 in legal fees.
The legal fee reimbursement agreement for attorney fees for the Vallco SB 35 lawsuit is in the 180 day approval letter for the project. I am pretty surprised a personal injury attorney (candidate Fruen) could not read the actual document, or maybe due to lack of experience, did not know where to look, however, the city had already negotiated an agreement that the developer would pay the legal fees. As a detail-oriented public servant, I am aware that this clause exists and have seen multiple reimbursements paid already, as was agreed upon. The lies need to stop.
Vallco Indemnification Clause from
180-Day ATTACHMENT C
STANDARD PROJECT REQUIREMENTS AND
PROJECT IMPLEMENTATION REQUIREMENTS, Dated September 21, 2018
39. INDEMNIFICATION
Except as otherwise prohibited by law, the Applicant shall indemnify, defend with legal counsel approved by the City, and hold harmless the City, its City Council, and its officers, employees and agents (collectively, the "indemnified parties") from and against
any claim, action, or proceeding brought by a third party against one or more of the indemnified parties or against the Applicant, to attack, set aside, or void the City's approval of this project or any permit or approval authorized hereby for the project,
including (without limitation) reimbursing the City for its actual attorneys' fees and costs incurred in the defense of any claim or litigation.
The Applicant agrees to accept the City's tender of defense of any claim or lawsuit related to this project or City's approval of said project.
Furthermore, Applicant shall pay City's attorneys' fees and costs within 30 days following receipt of invoices from City.
Such attorneys' fees and costs shall include amounts paid to counsel not otherwise employed as City staff and shall include City Attorney time and overhead costs and other City staff overhead costs and any costs directly related to the litigation reasonably incurred by City.
Source: https://records.cupertino.org/WebLink/DocView.aspx?id=701352&dbid=0&repo=CityofCupertino&cr=1
See page 11.
