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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 />ADOPTED this 20th day of August, 2019. <br />APPROVED AS TO FORM: <br />Sonia R. Carvalho, City Attorney <br />By:l/�J�i �! <br />Lisa Storck <br />Assistant City Attorney <br />AYES: Councilmembers <br />NOES: Councilmembers <br />ABSTAIN: Councilmembers <br />NOT PRESENT: Councilmembers <br />'Ward 4 Representative Vacant <br />Penaloza, Pulido, Sarmiento, Solorio (4) <br />Igesias (1) <br />None (0) <br />Villegas (1) <br />Ordinance No. NS-2971 <br />Page 3 of 5 <br />