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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 />Section 7. 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 day of 2020. <br />APPROVED AS TO FORM: <br />Sonia R. Carvalho, City Attorney <br />Lisa Storck <br />Assistant City Attorney <br />AYES: Councilmembers <br />NOES: Councilmembers <br />ABSTAIN: Councilmembers <br />NOT PRESENT: Councilmembers <br />Miguel A. Pulido <br />Mayor <br />75A-39 <br />