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The project is consistent with Economic Development Element
<br />Goal 2 maintains and enhances the diversity of the City's
<br />economic base. Policy 2.3 encourages the development of
<br />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
<br />and hold the City and/or any of its officials, officers, employees, agents,
<br />departments, agencies, authorized volunteers, and instrumentalities
<br />thereof, harmless from any and all claims, demands, lawsuits, writs of
<br />mandamus, and other and proceedings (whether legal, equitable,
<br />declaratory, administrative or adjudicatory in nature), and alternative
<br />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,
<br />officers, employees, agents, departments, agencies, and instrumentalities
<br />thereof, that challenge, attack, or seek to modify, set aside, void, or annul,
<br />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
<br />instrumentalities thereof (including actions approved by the voters of the
<br />City) for or concerning the project, whether such Actions are brought under
<br />the Ralph M. Brown Act, California Environmental Quality Act, the Planning
<br />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,
<br />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
<br />right to approve, which approval will not be unreasonably withheld, the
<br />legal counsel providing the City's defense, and that Applicant shall
<br />reimburse the City for any costs and expenses directly and necessarily
<br />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
<br />in the defense of the Action.
<br />Ordinance No. NS-2999
<br />Page 7 of 9
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