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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 5. This decision rendered by the City Council of the City of Santa Ana <br /> is final and is subject to judicial review pursuant to California Code of Civil Procedure <br /> section 1094.6. The Planning and Building Agency shall give direct notice to the <br /> Applicant of the City Council's decisions and these findings. <br /> ADOPTED this 1st day of October, 2019. <br /> i.: <br /> u is <br /> Ma, ' ' <br /> APPROVED AS TO FORM: <br /> Sonia R. Carvalho, City Attorney <br /> By: :-, <br /> Lisa Storck <br /> Assistant City Attorney <br /> AYES: Councilmembers Iglesias, Penaloza, Pulido, Sarmiento, Solorio <br /> Villegas (6) <br /> NOES: Councilmembers None (0) <br /> ABSTAIN: Councilmembers None (0) <br /> NOT PRESENT: Councilmembers None (0) <br /> *Ward 4 Representative Vacant <br /> Resolution No. 2019-089 <br /> Page 4 of 6 <br />