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Section 8. Indemnification. The Applicant agrees to indemnify, hold harmless, <br />and defend the City of Santa Ana, its officials, officers, agents, and employees <br />("Indemnitees"), from any and all liability, claims, actions or proceedings that may be <br />brought against Indemnitees concerning this project or approval of the project, including <br />without limitation any CEQA review or approval, or any of the proceedings, acts or <br />determinations taken, done or made prior to the decision, or to determine the <br />reasonableness, legality or validity of any condition attached thereto. The Applicant's <br />indemnification is intended to include, but not be limited to, damages, fees and/or costs <br />awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including <br />without limitation attorneys' fees and other costs, liabilities and expenses incurred by <br />Indemnitees in connection with such proceeding. <br />Section 9. Ordinances. This Resolution shall not be effective unless and until <br />Ordinance No. NS -2955 (AA No. 2018-06 and ZOA No. 2018-03) becomes effective. If <br />said ordinance is for any reason held to be invalid or unconstitutional by the decision of <br />any court of competent jurisdiction, or otherwise does not go into effect for any reason, <br />then this resolution shall be null and void and have no further force and effect. <br />Section 10. Judicial Review. These decisions rendered by the City Council of <br />the City of Santa Ana are final and are subject to judicial review pursuant to California <br />Code of Civil Procedure section 1094.6. The Planning and Building Agency shall give <br />direct notice to the Applicant of the City Council's decisions and these findings. <br />Section 11. Location of Documents and Custodian of Records. The documents <br />and materials that constitute the record of proceedings on which the CEQA Findings in <br />Exhibit A of this Resolution have been based are located at 20 Civic Center Plaza, <br />Santa Ana. The custodian for these records is the Santa Ana Clerk of the Council. This <br />information is provided in compliance with Public Resources Code section 21081.6. <br />Section 12. Notice of Determination. The City Council hereby directs staff to <br />file a Notice of Determination with the County of Orange within five (5) working days of <br />final Project approval. <br />ADOPTED this 18th day of September, 2018. <br />Resolution No. 2018-075 <br />Page 8 of 12 <br />