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EXHIBIT 3 <br />RECORDING REQUESTED BY <br />AND WHEN RECORDED MAIL TO: <br />City of Santa Ana <br />Planning Division <br />20 Civic Center Plaza (M-20) <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />FREE RECORDING <br />GOVERNMENT CODE § 27383 <br />DEFENSE AND INDEMNIFICATION AGREEMENT <br />"Phis Defense and Indemnification Agreement ("Agreement") is made and entered into <br />this day of August 2020, by and between , ("Property Owner") and <br />Arrimus Capital Investments, LLC ("Applicant"), and the City of Santa Ana, a charter city and <br />municipal corporation organized and existing under the Constitution and laws of the State of <br />California ("City"). Property Owner and Applicant, and their heirs and assigns, shall be <br />collectively referred to as "Developer" herein. City and Developer are sometimes collectively <br />referred to in this Agreement as the "Parties" and individually as a "Party". <br />RECITALS <br />A. The Developer has submitted formal applications to the City for the approval of a <br />mixed -use development project, to be located at 2300, 2310 and 2320 S. Red Hill <br />Avenue, Santa Ana, as more particularly described in the legal description set forth in <br />Exhibit "A" attached hereto and incorporated herein ("Property" or "Project"). <br />B. California Public Utilities Code (PUC) Section 21676(b) requires the City of Santa <br />Ana to refer projects requiring a general plan amendment or a zone change to the <br />Orange County Airport Land Use Commission (AL0Q for consistency with the <br />2008 John Wayne Airport (JWA) Environs Land Use Plan (AELUP). <br />CThe ALUC is charged with the adoption of an AELUP, establishing guidelines for <br />compatible development in the vicinity of an airport within the jurisdiction of the <br />County of Orange. PLiC Section 21670(a) sets forth the fundamental purpose of <br />the ALUC as: (1) "... to promote the overall goals and objectives of the California <br />airport noise standards adopted pursuant to Section 21669 and to prevent the <br />creation of new noise and safety problems" and (2) "... to protect public health, <br />safety, and welfare by ensuring the orderly expansion of airports and the adoption <br />of land use measures that minimize the public's exposure to excessive noise <br />and safety hazards within areas around public airports to the extent that these <br />areas are not already devoted to incompatible uses". <br />D. On May 21, 2020, the ALUC found the proposed Project to be inconsistent with <br />60A-41 <br />