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mutually beneficial and supportive business clusters within the
<br />community. The construction of this project will contribute toward
<br />an economically balanced community by providing housing and
<br />commercial retail opportunities (e.g., restaurant, retail sales, etc.)
<br />for different demographics in an area rich with employment
<br />opportunities, commercial development, and market -rate
<br />housing. In addition, a fiscal and economic impact analysis
<br />estimates that the proposed development will result net positive
<br />fiscal impacts to the City, the Business Improvement District, and
<br />over 800 new temporary or permanent jobs. Specifically, the
<br />analysis estimates $5.4 million net new General Fund revenues
<br />associated with the project over a 25-year period. The mixed -use
<br />development will utilize existing water, sewer, and drainage
<br />infrastructure and will not result in the expansion of infrastructure.
<br />In addition, the Project will not result in the need for expansion of
<br />new or altered police or fire facilities.
<br />SECTION 6. INDEMNIFICATION.
<br />A. General Indemnification. The Applicant shall indemnify, protect, defend and
<br />hold the City and/or any of its officials, officers, employees, agents, departments,
<br />agencies, authorized volunteers, and instrumentalities thereof, harmless from any
<br />and all claims, demands, lawsuits, writs of mandamus, and other and proceedings
<br />(whether legal, equitable, declaratory, administrative or adjudicatory in nature), and
<br />alternative dispute resolution procedures (including, but not limited to arbitrations,
<br />mediations, and such other procedures), judgments, orders, and decisions
<br />(collectively "Actions"), brought against the City and/or any of its officials, officers,
<br />employees, agents, departments, agencies, and instrumentalities thereof, that
<br />challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any
<br />permit or approval issued by the City and/or any of its officials, officers, employees,
<br />agents, departments, agencies, and instrumentalities thereof (including actions
<br />approved by the voters of the City) for or concerning the project, whether such
<br />Actions are brought under the Ralph M. Brown Act, California Environmental Quality
<br />Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure
<br />sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law,
<br />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
<br />defense, and that Applicant shall reimburse the City for any costs and expenses
<br />directly and necessarily incurred by the City in the course of the defense. City shall
<br />promptly notify the Applicant of any Action brought and City shall cooperate with
<br />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 ($50,000)
<br />("Referendum Deposit") with the City. City may use the funds to pay any and all costs
<br />associated with said referendum measure. If at any time the Referendum Deposit
<br />account has Five Thousand Dollars ($5,000) or less remaining, Applicant shall, within
<br />Ordinance No. NS-XXXX
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