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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />G. Memoransum of Understanding: All provisions of the Memorandum of <br />Understanding entered into by and between the City and County on or about June <br />27, 1995 shall be met in order to accomplish the safe operation of the helistops. <br />H. Indemnification: By application to the City for approval of the helistops pursuant <br />to Public Utilities Code Section 21661.5, and by its proceeding with the operation <br />of helistops pursuant to all applicable laws, rules and regulations, including the <br />Comprehensive Plan and this Resolution, the County shall agree to defend, <br />indemnify and hold the City and its officials, officers, employees and agents free and <br />harmless from and against any and all claims, demands, causes of action, costs, <br />expenses, liability, loss, damage or injury, in law or equity, to property or <br />persons, including wrongful death, in any manner arising out of or incident to the <br />construction or operation of the helistops at the Arrowhead Regional Medical <br />Center, including without limitation the payment of all consequential damages <br />and attorneys fees and other related costs and expenses. <br />3. Plan A <br />— �pproval. Pursuant to Public Utilities Code Section 21661.5, the City Council <br />approves the plan for construction of the helistops at the Medical Center with the following <br />conditions: <br />A. The helistops must be constructed and operated according to all applicable federal <br />and state laws, rules and regulations, including, but not limited to, Federal Aviation <br />Administration Heliport Dego, Advisory Circular, 150/5390-2A, January 20, 1994 <br />and Title 2 1, California Code of Regulations, Sections 3 525 et seq., Airports and <br />Heliports, April 20, 1997. <br />B. The Planning Commission is designated as the agency responsible for the <br />implementation of this Comprehensive Plan. Plans for any proposed development <br />within four thousand feet (4,000') of the boundaries of the Medical Center shall be <br />reviewed by the Planning Commission for consistency with this Comprehensive <br />Plan. No structure shall be erected and no object placed or allowed to grow, either <br />on the site of the Medical Center or the surrounding properties, which would <br />protrude into the imaginary flight surfaces as established by FAR Part 77. The <br />Planning Commission's decision shall be final and conclusive unless a written appeal <br />is filed with the City Council within ten (10) calendar days. The City Council's <br />decision shall be final. <br />C. The helicopter pilots must use the "Fly Neighborly" noise mitigation techniques <br />when it is consistent with safe pilot conduct. <br />D. Exterior illumination and parking lights causing skyward glare that may endanger <br />helicopter operations shall be prohibited. <br />E. The helistops must be constructed and operated in strict compliance with the FAA <br />airspace approvals for each of the helistops. <br />RVPLJB\DRD�42888 <br />3 <br />