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Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections <br />1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, <br />charter, rule, regulation, or any decision of a court of competent jurisdiction. It is <br />expressly agreed that the City shall have the right to approve, which approval will not be <br />unreasonably withheld, the legal counsel providing the City's defense, and that <br />Developer shall reimburse the City for any costs and expenses directly and necessarily <br />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 <br />of the Action. <br />SECTION 5. CITY COUNCIL ACTION. The City Council approves <br />Development Agreement No. 2018-02, attached hereto and incorporated herein as <br />Exhibit B, and which shall not take effect unless and until the 2019 Addendum and the <br />MainPlace Specific Plan are approved by the City Council. <br />SECTION 6. 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 />ADOPTED this 4th day of June, 2019. <br />AYES: Councilmembers: <br />NOES: Councilmembers: <br />ABSTAIN: Councilmembers: <br />NOT PRESENT: Councilmembers: <br />APPROVED AS TO FORM: <br />Sonia R. Carvalho, City Attorney <br />By: &' <br />Lisa Storck, Assistant City Attorney <br />Miguel A. Pulido <br />Mayor <br />55394.00053\32005772.1 <br />11 B-8 <br />