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LS 8.18.20
<br />4. Directs City staff to cause a Notice of Determination to be filed and posted
<br />with the County of Orange Registrar-Recorder/County Clerk and the State
<br />Clearinghouse within five (5) working days of the City Council's final Project
<br />approval.
<br />Section 2. INDEMNIFICATION. The Applicant has agreed to and shall
<br />indemnify, protect, defend and hold the City and/or any of its officials, officers,
<br />employees, agents, departments, agencies, authorized volunteers, and instrumentalities
<br />thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and
<br />other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory
<br />in 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 be
<br />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 Applicant
<br />of any Action brought and City shall cooperate with Applicant in the defense of the
<br />Action.
<br />Section 3. EXECUTION OF RESOLUTION. The Mayor shall sign this
<br />Resolution and the Clerk of the Council shall attest and certify to the adoption thereof.
<br />ADOPTED this 18th day of August. 2020.
<br />MZ,pfw. Puliklo
<br />or
<br />APPROVED AS TO FORM:
<br />Sonia R. Carvalho
<br />City Attorney
<br />By. / /=. —
<br />Lisa Storck
<br />Assistant City Attorney
<br />Resolution No. 2020-065
<br />Page 7 of 8
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