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Resolution No. 2019-xx
<br />Page 4 of 10
<br />Reporting Program (“MMRP”). The Planning Commission further recommends that the
<br />City Council find that there is no substantial evidence in the administrative record
<br />supporting a fair argument that the Project may result in significant environmental
<br />impacts. On these bases, the Planning Commission recommends that the City Council
<br />adopt and approve the IS/MND and MMRP. Any project approvals issued by the
<br />Planning Commission in this Resolution shall not become effective unless and until the
<br />City Council adopts and approves the IS/MND.
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<br />Section 3. Conditional Use Permit No. 2019-12 shall not be effective unless
<br />and until the City Council reviews and approves Amendment Application No. 2019-02
<br />and the Mitigated Negative Declaration, Environmental Review No. 2017-140. If said
<br />approvals are held to be invalid or unconstitutional by the decision of any court of
<br />competent jurisdiction, or otherwise denied, then this conditional use permit shall be null
<br />and void and have no further force and effect.
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<br />Section 4. 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, and other and proceedings (whether legal,
<br />equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute
<br />resolution procedures (including, but not limited to arbitrations, mediations, and such
<br />other procedures), judgments, orders, and decisions (collectively “Actions”), brought
<br />against the City and/or any of its officials, officers, employees, agents, departments,
<br />agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set
<br />aside, void, or annul, any action of, or any permit or approval issued by the City and/or
<br />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.
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