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EXHIBIT 2 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana Planning Division 20 Civic Center Plaza (M-20) P.O. Box 1988 Santa Ana, California 92702 FREE RECQRDING GOVERNMENT CODE § 27383 DEFENSE AND INDEMNIFICATION AGREEMENT "Phis Defense and Indemnification Agreement ("Agreement") is made and entered into this day of August 2020, by and between , ("Property Owner") and Arrimus Capital Investments, LLC ("Applicant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). Property Owner and Applicant, and their heirs and assigns, shall be collectively referred to as "Developer" herein. City and Developer are sometimes collectively referred to in this Agreement as the "Parties" and individually as a "Party". RECITALS A. The Developer has submitted formal applications to the City for the approval of a mixed -use development project, to be located at 2300, 2310 and 2320 S. Red Hill Avenue, Santa Ana, as more particularly described in the legal description set forth in Exhibit "A" attached hereto and incorporated herein ("Property" or "Project"). B. California Public Utilities Code (PUC) Section 21676(b) requires the City of Santa Ana to refer projects requiring a general plan amendment or a zone change to the Orange County Airport Land Use Commission (AL0C) for consistency with the 2008 John Wayne Airport (JWA) Environs Land Use Plan (AELUP). C, The ALUC is charged with the adoption of an AELUP, establishing guidelines for compatible development in the vicinity of an airport within the jurisdiction of the County of Orange. POC Section 21670(a) sets forth the fundamental purpose of the ALUC as: (1) "... to promote the overall goals and objectives of the California airport noise standards adopted pursuant to Section 21669 and to prevent the creation of new noise and safety problems" and (2) "... to protect public health, safety, and welfare by ensuring the orderly expansion of airports and the adoption of land use measures that minimize the public's exposure to excessive noise and safety hazards within areas around public airports to the extent that these areas are not already devoted to incompatible uses". D. On May 21, 2020, the ALUC found the proposed Project to be inconsistent with 11 D-26 M,.,M,..m'm