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agencies, and instrumentalities thereof (including actions approved by the voters of <br />the City) for or concerning the project, whether such Actions are brought under the <br />Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning <br />Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or <br />any other federal, state or local constitution, statute, law, ordinance, charter, rule, <br />regulation, or any decision of a court of competent jurisdiction. It is expressly agreed <br />that the City shall have the right to approve, which approval will not be unreasonably <br />withheld, the legal counsel providing the City's defense, and that Applicant shall <br />reimburse the City for any costs and expenses directly and necessarily incurred by <br />the City in the course of the defense. City shall promptly notify the Applicant of any <br />Action brought and City shall cooperate with Applicant in the defense of the Action. <br />SECTION 7. The City Council directs staff to prepare, execute and file a CEQA <br />Notice of Determination with the Orange County Clerk's Office within five working days <br />of the City Council approval of Amendment Application No. 2020 for the 4m and <br />Mortimer Mixed -Use Development Project. <br />SECTION 8. The 2010 EIR and the 2020 EIR Addendum, and any other <br />documents and materials that constitute the record of proceedings upon which these <br />findings have been based are on file, are incorporated herein by reference and are <br />available for public review at Santa Ana City Hall, Planning and Building Agency, M20, <br />20 Civic Center Plaza, Santa Ana, California 92701. The custodian of these records is <br />Daisy Gomez, City Clerk for the City. <br />SECTION 9. This resolution shall take effect immediately upon its adoption by <br />the City Council, and the Clerk of the Council shall attest to and certify the vote adopting <br />this resolution. <br />ADOPTED this 1st day of December, 2020. <br />APPROVED AS TO FORM: <br />Sonia R. Carvalho <br />City Attorney <br />Lisa E. Storck <br />Assistant City Attorney <br />Resolution No. 2020-094 <br />Page 5 of 6 <br />