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the Project promotes elements of a Gateway by developing the site
<br />with a building with attractive architectural features, projecting a
<br />positive image for the City of Santa Ana.
<br />C. The proposed General Plan Amendment will not adversely affect the public
<br />health, safety, and welfare in that the General Plan Amendment will not result in
<br />incompatible land uses on adjacent properties, inconsistencies with any General
<br />Plan goals or policies, or adverse impacts to the environment.
<br />SECTION 6. INDEMNIFICATION. The Applicant shall indemnify, protect, defend
<br />and hold the City and/or any of its officials, officers, employees, agents, departments,
<br />agencies, authorized volunteers, and instrumentalities thereof, harmless from any and
<br />all claims, demands, lawsuits, writs of mandamus, and other and proceedings
<br />(whether legal, equitable, declaratory, administrative or adjudicatory in nature), and
<br />alternative dispute resolution procedures (including, but not limited to arbitrations,
<br />mediations, and such other procedures), judgments, orders, and decisions
<br />(collectively "Actions"), brought against the City and/or any of its officials, officers,
<br />employees, agents, departments, agencies, and instrumentalities thereof, that
<br />challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any
<br />permit or approval issued by the City and/or any of its officials, officers, employees,
<br />agents, departments, agencies, and instrumentalities thereof (including actions
<br />approved by the voters of the City) for or concerning the Project, whether such
<br />Actions are brought under the Ralph M. Brown Act, California Environmental Quality
<br />Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure
<br />sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law,
<br />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
<br />defense, and that Applicant shall reimburse the City for any costs and expenses
<br />directly and necessarily incurred by the City in the course of the defense. City shall
<br />promptly notify the Applicant of any Action brought and City shall cooperate with
<br />Applicant in the defense of the Action.
<br />SECTION 7. CITY COUNCIL ACTION: The City Council hereby takes the
<br />following action:
<br />The City Council approves General Plan Amendment No. 2018-06 as set forth in
<br />Exhibit A, attached hereto and incorporated herein by reference, subject to
<br />compliance with the Mitigation Monitoring and Reporting Program, and upon
<br />satisfaction of the conditions set forth below:
<br />A. Subject to compliance with the Mitigation Monitoring and Reporting
<br />Program, the Land Use Element map and text shall be amended to read as
<br />set forth in Exhibit A, attached hereto and incorporated herein by reference.
<br />B. The General Plan Amendment shall not take effect unless and until
<br />Environmental Impact Report No. 2018-01 is certified and Amendment
<br />Application No. 2018-10 is approved by the City Council, and the
<br />associated Development Agreement No. 2018-01 is approved by the City
<br />Council and executed by all parties thereto.
<br />75E-186
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