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security and crime preventing measures to help reduce City
<br />expenditures on public services and maintenance. In addition,
<br />the residential development will be subject to all required
<br />development impact fees.
<br />SECTION 6. INDEMNIFICATION. The Applicant shall indemnify, protect, defend and
<br />hold the City and/or any of its officials, officers, employees, agents, departments,
<br />agencies, authorized volunteers, and instrumentalities thereof, harmless from any
<br />and all claims, demands, lawsuits, writs of mandamus, and other and proceedings
<br />(whether legal, equitable, declaratory, administrative or adjudicatory in nature), and
<br />alternative dispute resolution procedures (including, but not limited to arbitrations,
<br />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
<br />Actions are brought under the Ralph M. Brown Act, California Environmental Quality
<br />Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure
<br />sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law,
<br />ordinance, charter, rule, regulation, or any decision of a court of competent
<br />jurisdiction. It is expressly agreed that the City shall have the right to approve, which
<br />approval will not be unreasonably withheld, the legal counsel providing the City's
<br />defense, and that Applicant shall reimburse the City for any costs and expenses
<br />directly and necessarily incurred by the City in the course of the defense. City shall
<br />promptly notify the Applicant of any Action brought and City shall cooperate with
<br />Applicant in the defense of the Action.
<br />SECTION 7. If any section, subsection, sentence, clause, phrase or portion of this
<br />ordinance for any reason held to be invalid or unconstitutional by the decision of any
<br />court of competent jurisdiction, such decision shall not affect the validity of the
<br />remaining portions of this ordinance. The City Council of the City of Santa Ana hereby
<br />declares that it would have adopted this ordinance and each section, subsection,
<br />sentence, clause phrase or portion thereof irrespective of the fact that any one or more
<br />sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
<br />unconstitutional.
<br />SECTION 8. CITY COUNCIL ACTIONS: The City Council hereby takes the
<br />following actions:
<br />1. The City Council hereby adopts an Ordinance approving Amendment Application
<br />No. 2018-10 as follows:
<br />A. Subject to compliance with the Mitigation Monitoring and Reporting
<br />Ordinance No. NS-2980
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