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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, the Subdivision Map <br />Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local <br />constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of <br />competent jurisdiction. It is expressly agreed that the City shall have the right to approve <br />the legal counsel providing the City's defense, and that Applicant shall reimburse the City <br />for any costs and expenses directly and necessarily incurred by the City in the course of <br />the 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 Planning Commission of the City of Santa Ana, after conducting the <br />public 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 is <br />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 exhibits <br />attached thereto; and the public testimony, written and oral, all of which are incorporated <br />herein by this reference. <br />ADOPTED this 28t" day of August 2023, by the following vote: <br />AYES: Commissioners: <br />NOES: Commissioners: <br />ABSENT: Commissioners: <br />ABSTENTIONS: Commissioners: <br />Bao Pham <br />Chairperson <br />APPROVED AS TO FORM: <br />Sonia R. Carvalho, City Attorney <br />By: Il° <br />John Funk <br />Chief Assistant City Attorney <br />Resolution No. 2023-XXX <br />Page 7 of 12 <br />