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and residents. The facility is proposed in the least obtrusive
<br />location to fill a gap in services coverage.
<br />Section 2. The Applicant shall indemnify, protect, defend and hold the City
<br />and/or any of its officials, officers, employees, agents , departments, agencies,
<br />authorized volunteers , and instrumentalities thereof, harmless from any and all claims,
<br />demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether
<br />legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative
<br />dispute resolution procedures (including , but not limited to arbitrations, mediations , and
<br />such other procedures), judgments, orders, and decisions (collectively "Actions"),
<br />brought against the City and/or any of its officials, officers , employees, agents ,
<br />departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to
<br />modify, set aside, void , or annul, any action of, or any permit or approval issued by the
<br />City and/or 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
<br />Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision
<br />Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or
<br />local constitution , statute, law, ordinance , charter, rule , regulation , or any decision of a
<br />court of competent jurisdiction. It is expressly agreed that the City shall have the right to
<br />approve , which approval will not be unreasonably withheld, the legal counsel providing
<br />the City's defense, and that Applicant shall reimburse the City for any costs and
<br />expenses directly and necessarily incurred by the City in the course of the defen se .
<br />City shall promptly notify the Applicant of any Action brought and City shall cooperate
<br />with Applicant in the defense of the Action .
<br />Section 3. The Planning Commission of the City of Santa Ana after conducting
<br />the public he aring , hereby approves Variance No . 2020-04 , as conditioned in Exhibit A ,
<br />attached hereto and incorporated herein . This decision is based upon the evidence
<br />submitted at the above said hearing , which includes, but is not limited to: the Request
<br />for Planning Commission Action dated December 14, 2020 , and exhibits attached
<br />thereto ; and the public testimony, all of which are incorporated herein by this reference.
<br />AYES:
<br />NOES:
<br />ABSENT :
<br />ADOPTED this 14th day of December, 2020 by the following vote:
<br />Commissioners : CALDERON , MCLOUGHLIN, MORRISSEY , NGUYEN (4)
<br />Commissioners :
<br />Commissioners: CONTRERAS-LEO , GARCIA (2)
<br />ABSTENTIONS : Commissioners :
<br />~e4=
<br />Markcloughlin
<br />Chairperson
<br />Res olution No. 2 02 0-40
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