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On August 6, 2020, the City gave public notice of a City Council public hearing
<br />for consideration of overruling ALUC's determination on the proposed Project by
<br />advertising in the Orange County Register, a newspaper of general circulation, by
<br />mailing to owners of property and residents within 500 feet of the Project, and
<br />posting a notice on site.
<br />On August 18, 2020, after a duly noticed public hearing at which all members of the
<br />public were afforded the opportunity to provide their comments and testimony, the
<br />City approved the zone change and general plan amendment, overruled the ALIJC's
<br />determination of inconsistency of the Proposed Project, and certified the
<br />environmental impact report for the Project. All correspondence received by the City
<br />from the ALUC, the City of Tustin, and the State of California, Department of
<br />Transportation - Division of Aeronautics, have all been included in the public record.
<br />K. In order to move forward with the processing of the Project, and to specifically
<br />indemnify the City for any property or personal injury damages or claims related
<br />to or associated with the City's action to over -rule the ALUC's Finding of
<br />Inconsistency, the Parties desire to enter into this Defense and Indemnification
<br />Agreement. Property Owner and Applicant, and their successors and assigns,
<br />shall be jointly and severally responsible for all obligations of the Developer
<br />pursuant to the terms of this Agreement.
<br />NOW THEREFORE, in consideration of the mutual and respective promises, and
<br />subject to the terms and conditions hereinafter set forth, the Parties agree as follows:
<br />I. Incorporation of Recitals. The Parties incorporate each of the Recitals in this
<br />Agreement as if fully set forth herein.
<br />2. Indemnification and Defense. Developer shall indemnify, protect, defend and
<br />hold the City and/or any of its officials, officers, employees, agents, departments, agencies, and
<br />instrumentalities thereof (together with the City, collectively, the "City parties"), harmless from
<br />any and all claims including property damage and personal injury claims, demands, lawsuits,
<br />writs of mandamus, other proceedings (whether legal, equitable, declaratory, administrative or
<br />aqjudieatory in nature), and alternative dispute resolution procedures (including, but not limited
<br />to arbitrations, mediations, and such other procedures), judgments, orders, and decisions, and any
<br />clairn or award of costs, attorneys' fees, and/or expert witness tees incurred in the pursuit of any
<br />of the foregoing (collectively "Claims"), brought against the City Parties, related to, arising Out
<br />of and/or associated with the City action overruling the ALUC's Determination of Inconsistency
<br />for the Project. Developer obligations under this section are subject to the following:
<br />11 D-28
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