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any of its officials, officers, employees, agents, departments, agencies, and <br />instrumentalities thereof (including actions approved by the voters of the City) for or <br />concerning the project, whether such Actions are brought under the Ralph M. Brown Act, <br />California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map <br />Act, 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 of <br />competent jurisdiction. It is expressly agreed that the City shall have the right to approve <br />the legal counsel providing the City's defense, and that Applicant shall reimburse the City <br />for any costs and expenses directly and necessarily incurred by the City in the course of <br />the defense. City shall promptly notify the Applicant of any Action brought and City shall <br />cooperate with Applicant in the defense of the Action. <br />Section 4. The Planning Commission of the City of Santa Ana, after conducting <br />the public hearing, hereby approves Density Bonus Agreement No. 2022-01 as <br />conditioned for the construction of an affordable 48-unit rental residential community for <br />the project located at 1411 North Broadway, as conditioned in Exhibit A, attached hereto <br />and incorporated herein. This decision is based upon the evidence submitted at the <br />above -referenced hearing, which includes, but is not limited to: the Request for Planning <br />Commission Action dated May 9, 2022, and exhibits attached thereto; and the public <br />testimony, written and oral, all of which are incorporated herein by this reference. <br />ADOPTED this 9th day of May, 2022 by the following vote: <br />AYES: Commissioners: ALDERETE, CALDERON, MORRISSEY, RAMOS, <br />WOO (5) <br />NOES: Commissioners: <br />ABSENT:, Commissioners: MCLOUGHLIN, PHAM (2) <br />ABSTENTIONS: Commissioners: <br />Thomas Morrissey <br />Chairperson <br />APPROVED AS TO FORM: <br />Sonia R. Carvalho, City Attorney <br />By: <br />Ryan O, odje <br />Assistan City Attorney <br />Resolution No. 2022-14 <br />Page 6 of 12 <br />