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LS 8.18.20
<br />SECTION 6. INDEMNIFICATION. A. General Indemnification. The Applicant
<br />shall indemnify, protect, defend and hold the City and/or any of its officials, officers,
<br />employees, agents, departments, agencies, authorized volunteers, and
<br />instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of
<br />mandamus, and other and proceedings (whether legal, equitable, declaratory,
<br />administrative or adjudicatory in nature), and alternative dispute resolution procedures
<br />(including, but not limited to arbitrations, mediations, and such other procedures),
<br />judgments, orders, and decisions (collectively "Actions"), brought against the City
<br />and/or any of its officials, officers, employees, agents, departments, agencies, and
<br />instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or
<br />annul, any action of, or any permit or approval issued by the City and/or any of its
<br />officials, officers, employees, agents, departments, agencies, and instrumentalities
<br />thereof (including actions approved by the voters of the City) for or concerning the
<br />project, whether such Actions are brought under the Ralph M. Brown Act, California
<br />Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act,
<br />Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local
<br />constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court
<br />of competent jurisdiction. It is expressly agreed that the City shall have the right to
<br />approve, which approval will not be unreasonably withheld, the legal counsel providing
<br />the City's defense, and that Applicant shall reimburse the City for any costs and
<br />expenses directly and necessarily incurred by the City in the course of the defense.
<br />City shall promptly notify the Applicant of any Action brought and City shall cooperate
<br />with Applicant in the defense of the Action
<br />B. Further Indemnification. Within five (5) days of receipt of a referendum
<br />petition by the City, Applicant shall deposit Fifty Thousand Dollars
<br />($50,000) ("Referendum Deposit") with the City. City may use the funds to
<br />pay any and all costs associated with said referendum measure. If at any
<br />time the Referendum Deposit account has Five Thousand Dollars ($5,000)
<br />or less remaining, Applicant shall, within three (3) days of receiving notice
<br />from the City, deposit with the City additional funds as requested by the
<br />City to cover all costs and expenses associated with processing the
<br />referendum and holding the related election. Following certification of the
<br />election results, any funds remaining in the Referendum Deposit account
<br />shall be returned to the Applicant.
<br />SECTION 7. If any section, subsection, sentence, clause, phrase or portion of
<br />this ordinance for any reason held to be invalid or unconstitutional by the decision of
<br />any court of competent jurisdiction, such decision shall not affect the validity of the
<br />remaining portions of this ordinance. The City Council of the City of Santa Ana hereby
<br />declares that it would have adopted this ordinance and each section, subsection,
<br />sentence, clause phrase or portion thereof irrespective of the fact that any one or more
<br />sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
<br />unconstitutional.
<br />Ordinance No. NS-2995
<br />Page 7 of 9
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