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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 />
<br />SECTION 5. INDEMNIFICATION. The Applicant shall indemnify, protect,
<br />defend and hold the City and/or any of its officials, officers, employees, agents,
<br />departments, agencies, authorized volunteers, and instrumentalities thereof,
<br />harmless from any and all claims, demands, lawsuits, writs of mandamus, and other
<br />and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory
<br />in nature), and alternative dispute resolution procedures (including, but not limited to
<br />arbitrations, mediations, and such other procedures), judgments, orders, and
<br />decisions (collectively “Actions”), brought against the City and/or any of its officials,
<br />officers, employees, agents, departments, agencies, and instrumentalities thereof,
<br />that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or
<br />any permit or approval issued by the City and/or any of its officials, officers,
<br />employees, agents, departments, agencies, and instrumentalities thereof (including
<br />actions approved by the voters of the City) for or concerning the project, whether
<br />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
<br />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
<br />providing the City’s defense, and that Applicant shall reimburse the City for any costs
<br />and expenses directly and necessarily incurred by the City in the course of the
<br />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 />
<br />SECTION 6 . PLANNING COMMISSION ACTIONS: The Planning Commission
<br />hereby takes the following actions:
<br />
<br />1. The Planning Commission hereby recommends that the City Council adopt an
<br />Ordinance approving Amendment Application No. 2018-10 as follows:
<br />
<br />A. Subject to compliance with the Mitigation Monitoring and Reporting
<br />Program, the property at 2525 North Main Street shall be amended to
<br />Specific Development No. 93 and Specific Development No. 93 plan shall
<br />be adopted as set forth in Exhibit A and Exhibit B, attached hereto and
<br />incorporated herein by reference.
<br />
<br />B. The Amendment Application shall not take effect unless and until
<br />Environmental Impact Report No. 2018-01 and General Plan Amendment
<br />No. 2018-06, are each certified and approved by the City Council, and the
<br />associated Development Agreement No. 2018-01 is approved by the City
<br />Council and executed by all parties thereto.
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<br />2-214
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