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public health, safety, and welfare in that the General Plan Amendment
<br />will not result in incompatible land uses on adjacent properties,
<br />inconsistencies with any General Plan goals or policies, or adverse
<br />impacts to the environment.
<br />SECTION 6. INDEMNIFICATION. The Applicant 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
<br />be unreasonably withheld, the legal counsel providing the City's defense, and that
<br />Applicant 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 />Applicant of any Action brought and City shall cooperate with Applicant in the defense
<br />of the Action.
<br />SECTION 7. CITY COUNCIL ACTION: The City Council hereby takes
<br />the following action:
<br />1. The City Council approves General Plan Amendment No. 2018-06 as set
<br />forth in Exhibit A, attached hereto and incorporated herein by reference,
<br />subject to compliance with the Mitigation Monitoring and Reporting
<br />Program, and upon satisfaction of the conditions set forth below:
<br />A. Subject to compliance with the Mitigation Monitoring and
<br />Reporting Program, the Land Use Element map and text shall be
<br />amended to read as set forth in Exhibit A, attached hereto and
<br />incorporated herein by reference.
<br />B. The General Plan Amendment shall not take effect unless and until
<br />Environmental Impact Report No. 2018-01 is certified and
<br />Amendment Application No. 2018-10 is approved by the City
<br />Resolution No. 2019-108
<br />Page 8 of 11
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