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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 hereby approves Density <br /> Bonus Agreement No. 2024-02 as contained in Exhibit A attached hereto and incorporated <br /> as though fully set forth herein, based on the findings contained in Section 1. 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 December 9, 2024, and <br /> exhibits attached thereto; the Request for City Council Action dated May 6, 2025, 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 <br /> the City Council, and the City Clerk shall attest to and certify the vote adopting this <br /> resolution. <br /> ADOPTED this 6th day of May, 2025. <br /> Val Hie A ezcua <br /> or <br /> APPROVED AS TO FORM: <br /> Sonia R. Carvalho, City Attorney <br /> By: <br /> Melissa M. Crosthwaite <br /> Senior Assistant City Attorney <br /> Resolution No. 2025-013 <br /> Page 4 of 87 <br />