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against the City and/or any of its officials, officers, employees, agents, departments,
<br />agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set
<br />aside, void, or annul, any action of, or any permit or approval issued by the City and/or
<br />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 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 the
<br />City in the course of the defense. City shall promptly notify the Applicant of any Action
<br />brought and City shall cooperate with Applicant in the defense of the Action.
<br />Section 4. The City Council of the City of Santa Ana, after conducting the public
<br />hearing, hereby approves Density Bonus Agreement No. 2022-03 as conditioned in
<br />Exhibit A attached hereto and incorporated as though fully set forth herein. This decision
<br />is based upon the evidence submitted at the above said hearing, which includes, but is not
<br />limited to: the Request for Planning Commission Action dated September 26, 2022, and
<br />exhibits attached thereto; the Request for City Council Action dated December 6, 2022,
<br />and exhibits attached thereto; and the public testimony, written and oral, all of which are
<br />incorporated herein by this reference.
<br />Section 5. This resolution shall take effect immediately upon its adoption by the
<br />City Council, and the City Clerk shall attest to and certify the vote adopting this
<br />resolution.
<br />ADOPTED this 6t' day of December, 2022.
<br />Vicente Sarmiento
<br />Mayor
<br />APPROVED AS TO FORM:
<br />Sonia R. Carvalho, City Attorney
<br />By:
<br />Jo n M. Funk
<br />Chief Assistant City Attorney
<br />Resolution No. 2022-091
<br />Page 7 of 12
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