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payment of Fish and Game Department filing fees in conjunction with this project is at
<br />the discretion of the State of California Department of Fish and Wildlife.
<br />Section 5. The MND and Mitigation Monitoring and Reporting Program, and any
<br />other documents and materials that constitute the record of proceedings upon which
<br />these findings have been based are on file and available for public review at Santa Ana
<br />City Hall, Planning and Building Agency, M20, 20 Civic Center Plaza, Santa Ana,
<br />California 92802. The custodian of these records is Norma Mitre, Acting City Clerk for
<br />the City.
<br />Section 6. The Applicant shall indemnify, protect, defend and hold the City
<br />and/or any of its officials, officers, employees, agents, departments, agencies,
<br />authorized volunteers, and instrumentalities thereof, harmless from any and all claims,
<br />demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether
<br />legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative
<br />dispute resolution procedures (including, but not limited to arbitrations, mediations, and
<br />such other procedures), judgments, orders, and decisions (collectively "Actions"),
<br />brought against the City and/or any of its officials, officers, employees, agents,
<br />departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to
<br />modify, set aside, void, or annul, any action of, or any permit or approval issued by the
<br />City and/or any of its officials, officers, employees, agents, departments, agencies, and
<br />instrumentalities thereof (including actions approved by the voters of the City) for or
<br />concerning the project, whether such Actions are brought under the Ralph M. Brown
<br />Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision
<br />Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or
<br />local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a
<br />court of competent jurisdiction. It is expressly agreed that the City shall have the right to
<br />approve, which approval will not be unreasonably withheld, the legal counsel providing
<br />the City's defense, and that Applicant shall reimburse the City for any costs and
<br />expenses directly and necessarily incurred by the City in the course of the defense.
<br />City shall promptly notify the Applicant of any Action brought and City shall cooperate
<br />with Applicant in the defense of the Action.
<br />Section 7. This decision rendered by the City Council of the City of Santa Ana
<br />is final and is subject to judicial review pursuant to California Code of Civil Procedure
<br />section 1094.6. The Planning and Building Agency shall give direct notice to the
<br />Applicant of the City Council's decisions and these findings.
<br />ADOPTED this 4th day of June. 2019.
<br />Resolution No. 2019-043
<br />Page 3 of 6
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