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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 hereby approves Density <br />Bonus Agreement No. 2024-02, as contained in Exhibit A, attached hereto and <br />incorporated as though fully set forth herein, based on the findings contained in Section 1. <br />This decision is based upon the evidence submitted at the above said hearing, which <br />includes, but is not limited to: the Request for Planning Commission Action dated <br />December 9, 2024, and exhibits attached thereto; the Request for City Council Action <br />dated May 6, 2025, and exhibits attached thereto; and the public testimony, written and <br />oral, all of which are 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 , 2025. <br />Valerie Amezcua <br />Mayor <br />APPROVED AS TO FORM: <br />Sonia R. Carvalho, City Attorney <br />I <br />BY :� <br />Melissa M. Crosthwaite <br />Senior Assistant City Attorney <br />AYES: Councilmembers <br />NOES: Councilmembers <br />ABSTAIN: Councilmembers <br />NOT PRESENT: Councilmembers <br />Resolution No. 2025-XXX <br />Page 4 of 5 <br />