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lawsuits, writs of mandamus, and other and proceedings (whether legal, equitable,
<br />declaratory, administrative or adjudicatory in nature), and alternative dispute resolution
<br />procedures (including, but not limited to arbitrations, mediations, and such other
<br />procedures), judgments, orders, and decisions (collectively "Actions"), brought against
<br />the City and/or any of its officials, officers, employees, agents, departments, agencies,
<br />and 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 officials,
<br />officers, employees, agents, departments, agencies, and instrumentalities thereof
<br />(including actions approved by the voters of the City) for or concerning the project,
<br />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, Code
<br />of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution,
<br />statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent
<br />jurisdiction. It is expressly agreed that the City shall have the right to approve, which
<br />approval will not be unreasonably withheld, the legal counsel providing the City's defense,
<br />and that applicant shall reimburse the City for any costs and expenses directly and
<br />necessarily incurred by the City in the course of the defense. City shall promptly notify
<br />the applicant of any Action brought and City shall cooperate with applicant in the defense
<br />of the Action.
<br />Section 5. Severability. If any provision of this Resolution or the application of
<br />any such provision to any person or circumstance is held invalid, such invalidity shall not
<br />affect other provisions or applications of this Resolution that can be given effect without
<br />the invalid provision or application, and to this end the provisions of this Resolution are
<br />severable. The City Council declares that the City Council would have adopted this
<br />Resolution irrespective of the invalidity of any particular portion of this Resolution.
<br />Section 6. This Resolution shall take effect immediately upon its adoption by
<br />the City Council, and the Clerk of Council shall attest to and certify the vote adopting this
<br />Resolution.
<br />ADOPTED this 17th day of November. 2020.
<br />APPROVED AS TO FORM:
<br />Sonia R. Carvalho
<br />City
<br />M
<br />Ndkruel A. Pulido
<br />Mayor
<br />Resolution No. 2020-090
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