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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,
<br />equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute
<br />resolution procedures (including, but not limited to arbitrations, mediations, and such
<br />other procedures), judgments, orders, and decisions (collectively "Actions"), brought
<br />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 Act,
<br />California Environmental Quality Act, the Planning and Zoning Law, Code of Civil
<br />Procedure 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 of competent
<br />jurisdiction. It is expressly agreed that the City shall have the right to approve the legal
<br />counsel providing the City's defense, and that Applicant shall reimburse the City for any
<br />costs and expenses directly and necessarily incurred by the City in the course of the
<br />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 City Council of the City of Santa Ana hereby upholds the
<br />determination of the Planning Commission and denies modification to CUP No. 2019-41,
<br />denies CUP No. 2023-03, and denies APPL No. 2023-06.
<br />ADOPTED this 3rd day of October 2023 by the following vote.
<br />NOES: Councilmembers:
<br />ABSENT: Councilmembers:
<br />ABSTENTIONS: Councilmembers:
<br />APPROVED AS TO FORM:
<br />Sonia R. Carvalho, City Attorney
<br />am
<br />Jose Montoya
<br />Assistant City Attorney
<br />Valerie Amezcua
<br />Mayor
<br />Resolution No. 2023-XXX
<br />Page 6 of 7
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