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Section 5. The City Council hereby approves and adopts the 2019 Addendum,
<br />attached hereto and incorporated herein as Exhibit B.
<br />Section 6. 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
<br />claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether
<br />legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative
<br />dispute resolution procedures (including, but not limited to arbitrations, mediations,
<br />and such other procedures), judgments, orders, and decisions (collectively “Actions”),
<br />brought against the City and/or any of its officials, officers, employees, agents,
<br />departments, agencies, and instrumentalities thereof, that challenge, attack, or seek
<br />to modify, set aside, void, or annul, any action of, or any permit or approval issued by
<br />the City and/or any of its officials, officers, employees, agents, departments,
<br />agencies, and instrumentalities thereof (including actions approved by the voters of
<br />the City) for or concerning the project, whether such Actions are brought under the
<br />Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning
<br />Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or
<br />any other federal, state or local constitution, statute, law, ordinance, charter, rule,
<br />regulation, or any decision of a court of competent jurisdiction. It is expressly agreed
<br />that the City shall have the right to approve, which approval will not be unreasonably
<br />withheld, the legal counsel providing the City’s defense, and that Applicant shall
<br />reimburse the City for any costs and expenses directly and necessarily incurred by
<br />the City in the course of the defense. City shall promptly notify the Applicant of any
<br />Action brought and City shall cooperate with Applicant in the defense of the Action.
<br />
<br />Section 7. The City Council directs staff to prepare, execute and file a CEQA
<br />Notice of Determination with the Orange County Clerk’s Office within five (5) working
<br />days of City Council approval of the First American Mixed-Use Development Project.
<br />Section 8. The 2010 EIR and the 2019 Addendum, and any other documents
<br />and materials that constitute the record of proceedings upon which these findings have
<br />been based are on file, are incorporated herein by reference and are available for public
<br />review at Santa Ana City Hall, Planning and Building Agency, M20, 20 Civic Center
<br />Plaza, Santa Ana, California 92701. The custodian of these records is Daisy Gomez,
<br />City Clerk for the City.
<br />Section 9. This resolution shall take effect immediately upon its adoption by the
<br />City Council, and the City Clerk shall attest to and certify the vote adopting this
<br />resolution.
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