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<br />Resolution No. 2019-xx
<br />Page 6 of 9
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<br />equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute
<br />resolution procedures (including, but not limited to arbitrations, mediations, and such other
<br />procedures), judgments, orders, and decisions (collectively “Actions”), brought against the
<br />City and/or any of its officials, officers, employees, agents, departments, agencies, and
<br />instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul,
<br />any action of, or any permit or approval issued by the City and/or any of its officials,
<br />officers, employees, agents, departments, agencies, and instrumentalities thereof
<br />(including actions approved by the voters of the City) for or concerning the Project,
<br />whether such Actions are brought under the Ralph M. Brown Act, California Environmental
<br />Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil
<br />Procedure sections 1085 or 1094.5, or any other federal, state or local constitution,
<br />statute, law, 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 defense,
<br />and that Developer shall reimburse the City for any costs and expenses directly and
<br />necessarily 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 of
<br />the Action.
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<br /> SECTION 6 . PLANNING COMMISSION ACTION. The Planning
<br />Commission hereby takes the following action:
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<br />1. The Planning Commission hereby recommends that the City Council approve
<br />Development Agreement No. 2018-01, attached hereto and incorporated herein
<br />as Exhibit B, as follows:
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<br />A. The Development Agreement shall not take effect unless and until
<br />Environmental Impact Report No. 2018-01 is certified by the City
<br />Council, and General Plan Amendment No. 2018-06 and Amendment
<br />Application No. 2018-10, are each approved by the City Council.
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<br />SECTION 7. EXECUTION OF RESOLUTION. The Chairperson shall sign this
<br />Resolution and the Planning Commission Recording Secretary shall attest and certify to
<br />the adoption thereof.
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<br />2-126
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