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required utilities and public services. As a result, Categorical Exemption, Environmental F <br />Review No. 2019-69 will be filed for this project. t <br />Section 3. 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. <br />Section 4. The Planning Commission of the City of Santa Ana after conducting <br />the public hearing hereby approves Conditional Use Permit No. 2019-30, as conditioned <br />in Exhibit A, attached hereto and incorporated herein for the project located at 301 <br />North Tustin Avenue. This decision is based upon the evidence submitted at the <br />abovesaid hearing, which includes, but is not limited to: the Request for Planning <br />Commission Action dated September 9, 2019, and exhibits attached thereto; and the <br />public testimony, written and oral, all of which are incorporated herein by this reference. <br />Resolution No. 2019-35 <br />Page 4 of 9 <br />