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(5) Insuring that the public benefits derived from expenditures of public
<br />funds for improvements and beautification of streets and public facilities
<br />shall be protected by exercise of reasonable controls over the character
<br />and design of private buildings, structures and open spaces.
<br />The multi -family residential development will utilize existing
<br />water, sewer, and drainage infrastructure and will not result in the
<br />expansion of infrastructure. In addition, the Project will not result
<br />in the expansion of new or altered police or fire facilities. The
<br />Project will be subject to utility user tax, property taxes based on
<br />the valuation of the new construction and management company
<br />business taxes. The building facades and new landscaping are
<br />designed to deter graffiti, existing sidewalks will be removed and
<br />replaced with new sidewalks that are constructed to City
<br />standards, new street lights will be installed and the City's
<br />Building Security Ordinance will be implemented which includes
<br />security and crime preventing measures to help reduce City
<br />expenditures on public services and maintenance. In addition,
<br />the residential development will be subject to all required
<br />development impact fees.
<br />SECTION 6. INDEMNIFICATION. The Applicant shall indemnify, protect, defend and
<br />hold the City and/or any of its officials, officers, employees, agents, departments,
<br />agencies, authorized volunteers, and instrumentalities thereof, harmless from any
<br />and 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 notlimited 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. SEVERABILITY. If any section, subsection, sentence, clause, phrase or
<br />portion of this ordinance for any reason held to be invalid or unconstitutional by the
<br />decision of any court of competent jurisdiction, such decision shall not affect the validity
<br />75E-208
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