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Resolution No. 2023-15
<br />Page 4 of 9
<br />Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or
<br />any of its officials, officers, employees, agents, departments, agencies, authorized
<br />volunteers, and instrumentalities thereof, harmless from any and all claims, demands,
<br />lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable,
<br />declaratory, administrative or adjudicatory in nature), and alternative dispute resolution
<br />procedures (including, but not limited to arbitrations, mediations, and such other procedures),
<br />judgments, orders, and decisions (collectively “Actions”), brought against the City and/or any
<br />of its officials, officers, employees, agents, departments, agencies, and instrumentalities
<br />thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or
<br />any permit or approval issued by the City and/or any of its officials, officers, employees,
<br />agents, departments, agencies, and instrumentalities thereof (including actions approved by
<br />the voters of the City) for or concerning the project, whether such Actions are brought under
<br />the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law,
<br />the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other
<br />federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any
<br />decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the
<br />right to 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 City
<br />in the course of the defense. City shall promptly notify the Applicant of any Action brought
<br />and City shall cooperate with Applicant in the defense of the Action.
<br />Section 4. The Planning Commission of the City of Santa Ana, after conducting a
<br />public hearing, hereby approves Conditional Use Permit No. 2023-14, as conditioned in
<br />Exhibit A, attached hereto and incorporated herein, for the sale of alcoholic beverages for on-
<br />premises consumption at Fat of the Land located at 700 North Main Street, Unit A. This
<br />decision is based upon the evidence submitted at the above-referenced hearing, including
<br />but not limited to: The Request for Planning Commission Action dated July 10, 2023, and
<br />exhibits attached thereto; and the public testimony, written and oral, all of which are
<br />incorporated herein by this reference.
<br />ADOPTED this 10th day of July 2023 by the following vote:
<br />AYES: Commissioners: Carl Benninger, Manuel J. Escamilla, Christopher Leo,
<br />Jennifer Oliva, Bao Pham, Alan Woo (6)
<br />NOES: Commissioners:
<br />ABSENT: Commissioners: Isuri Ramos (1)
<br />ABSTENTIONS: Commissioners:
<br />____________________
<br />Bao Pham
<br />Chairperson
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