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55394.00053\32005777.1
<br />C. The proposed Specific Plan will not adversely affect the public health,
<br />safety, and welfare in that the Specific Plan will not result in incompatible
<br />land uses on adjacent properties, inconsistencies with any General Plan
<br />goals or policies, or adverse impacts to the environment.
<br />SECTION 3. EFFECTIVENESS. The Specific Plan shall not be effective unless
<br />and until the following is adopted and become effective: Resolution No. 2019-xx (2019
<br />Addendum). If the approvals and the Specific Plan are for any reason held to be invalid
<br />or unconstitutional by the decision of any court of competent jurisdiction, or otherwise
<br />does not go into effect for any reason, then the Specific Plan shall be null and void and
<br />have no further force and effect.
<br />SECTION 4. INDEMNIFICATION. The Developer 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, harmless
<br />from any and all claims, demands, lawsuits, writs of mandamus, and other and
<br />proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in
<br />nature), and alternative dispute resolution procedures (including, but not limited to
<br />arbitrations, mediations, and such other procedures), judgments, orders, and decisions
<br />(collectively “Actions”), brought against the City and/or any of its officials, officers,
<br />employees, agents, departments, agencies, and instrumentalities thereof, that
<br />challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any
<br />permit or approval issued by the City and/or any of its officials, officers, employees,
<br />agents, departments, agencies, and instrumentalities thereof (including actions
<br />approved by the voters of the City) for or concerning the Project, whether such Actions
<br />are brought under the Ralph M. Brown Act, California Environmental Quality Act, the
<br />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 hereby approves the
<br />MainPlace Mall Specific Plan, attached hereto and incorporated herein as Exhibit B,
<br />and which shall not take effect unless and until the 2019 Addendum is certified by the
<br />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.
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