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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. 2023-01 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 August 28, 2023, and <br />exhibits attached thereto; the Request for City Council Action dated October 17, 2023, and <br />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 day of <br />APPROVED AS TO FORM: <br />Sonia R. Carvalho <br />City Attorney <br />IN <br />Jose Montoya <br />Assistant City Attorney <br />111111►101040 <br />Valerie Amezcua <br />Mayor <br />Resolution No. 2023-XX <br />Page 7 of 13 <br />