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equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute
<br />resolution procedures (including, but not limited to arbitrations, mediations, and such other
<br />procedures), judgments, orders, and decisions (collectively "Actions"), brought against the
<br />City and/or any of its officials, officers, employees, agents, departments, agencies, and
<br />instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul,
<br />any action of, or any permit or approval issued by the City and/or any of its officials,
<br />officers, employees, agents, departments, agencies, and instrumentalities thereof
<br />(including actions approved by the voters of the City) for or concerning the Project,
<br />whether such Actions are brought under the Ralph M. Brown Act, California Environmental
<br />Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil
<br />Procedure sections 1085 or 1094.5, or any other federal, state or local constitution,
<br />statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent
<br />jurisdiction. It is expressly agreed that the City shall have the right to approve, which
<br />approval will not be unreasonably withheld, the legal counsel providing the City's defense,
<br />and that Developer shall reimburse the City for any costs and expenses directly and
<br />necessarily incurred by the City in the course of the defense. City shall promptly notify the
<br />Developer of any Action brought and City shall cooperate with Developer in the defense of
<br />the Action.
<br />Section 7. SEVERABILITY. If any section, subsection, sentence, clause,
<br />phrase or portion of this ordinance for any reason held to be invalid or unconstitutional
<br />by the decision of any court of competent jurisdiction, such decision shall not affect the
<br />validity of the remaining portions of this ordinance. The City Council of the City of Santa
<br />Ana hereby declares that it would have adopted this ordinance and each section,
<br />subsection, sentence, clause phrase or portion thereof irrespective of the fact that any
<br />one or more sections, subsections, sentences, clauses, phrases, or portions be
<br />declared invalid or unconstitutional.
<br />Section 8. CITY COUNCIL ACTION. The City Council hereby takes the
<br />following action:
<br />The City Council approves Development Agreement No. 2018-01, attached
<br />hereto and incorporated herein as Exhibit B, as follows:
<br />A. The Development Agreement shall not take effect unless and until
<br />Environmental Impact Report No. 2018-01 is certified by the City
<br />Council, and General Plan Amendment No. 2018-06 and Amendment
<br />Application No. 2018-10, are each approved by the City Council.
<br />Section 9. PUBLICATION. The Clerk of the Council shall certify to the
<br />adoption of this ordinance and cause the same to be published in the manner
<br />prescribed by law.
<br />Ordinance No. 2019-xx
<br />Page 6 of 7
<br />75E-124
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