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5. Directs City staff to cause a Notice of Determination to be filed and posted
<br />with the County of Orange Registrar-Recorder/County Clerk and the State
<br />Clearinghouse within five (5) working days of the City Council's final Project
<br />approval.
<br />Section 2. INDEMNIFICATION. The Applicant has agreed to and shall indemnify,
<br />protect, defend and hold the City and/or any of its officials, officers, employees, agents,
<br />departments, agencies, authorized volunteers, and instrumentalities thereof, harmless
<br />from any and all claims, demands, lawsuits, writs of mandamus, and other 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 (collectively
<br />"Actions"), brought against the City and/or any of its officials, officers, employees,
<br />agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or
<br />seek to modify, set aside, void, or annul, any action of, or any permit or approval issued
<br />by the City and/or any of its officials, officers, employees, agents, departments,
<br />agencies, and instrumentalities thereof (including actions approved by the voters of the
<br />City) for or concerning the Project, whether such Actions are brought under the Ralph
<br />M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the
<br />Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other
<br />federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or
<br />any decision of a court of competent jurisdiction. It is expressly agreed that the City
<br />shall have the right to approve, which approval will not be unreasonably withheld, the
<br />legal counsel providing the City's defense, and that Applicant shall reimburse the City
<br />for any costs and expenses directly and necessarily incurred by the City in the course of
<br />the defense. City shall promptly notify the Applicant of any Action brought and City shall
<br />cooperate with Applicant in the defense of the Action.
<br />Section 3. EXECUTION OF RESOLUTION. The Mayor shall sign this Resolution and
<br />the Clerk of the Council shall attest and certify to the adoption thereof.
<br />ADOPTED this _ day of 2019.
<br />APPROVED AS TO FORM:
<br />Sonia R. Carvalho
<br />City Attorney
<br />Lisa Storck
<br />Assistant City Attorney
<br />Miguel A. Pulido
<br />Mayor
<br />75E-36
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