|
Section 6. Pursuant to Government Code Section 66020, the Applicant may
<br /> protest the imposition of fees, dedications, reservations, or other exactions imposed
<br /> on this development Project by taking the necessary steps and following the
<br /> procedures established by sections 66020 through 66022 of the California
<br /> Government Code.
<br /> Section 7. The Applicant shall indemnify, protect, defend and hold the City
<br /> and/or any of its officials, officers, employees, agents, departments, agencies,
<br /> authorized volunteers, and instrumentalities thereof, harmless from any and all claims,
<br /> demands, lawsuits, writs of mandamus, and other and proceedings (whether legal,
<br /> equitable, declaratory, administrative or adjudicatory in nature), and alternative
<br /> dispute resolution procedures (including, but not limited to arbitrations, mediations,
<br /> and such other procedures), judgments, orders, and decisions (collectively "Actions"),
<br /> brought against the City and/or any of its officials, officers, employees, agents,
<br /> departments, agencies, and instrumentalities thereof, that challenge, attack, or seek
<br /> to modify, set aside, void, or annul, any action of, or any permit or approval issued by
<br /> the City and/or any of its officials, officers, employees, agents, departments, agencies,
<br /> and instrumentalities thereof (including actions approved by the voters of the City) for
<br /> or concerning the Project, whether such Actions are brought under the Ralph M.
<br /> Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the
<br /> Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other
<br /> federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or
<br /> any decision of a court of competent jurisdiction. It is expressly agreed that the City
<br /> shall have the right to approve the legal counsel providing the City's defense, and that
<br /> Applicant shall reimburse the City for any costs and expenses directly and necessarily
<br /> incurred by the City in the course of the defense. City shall promptly notify the
<br /> Applicant of any Action brought and City shall cooperate with Applicant in the defense
<br /> of the Action.
<br /> Section 8. If any section, subsection, sentence, clause, phrase, or portion of
<br /> this Ordinance is for any reason held to be invalid or unconstitutional by the decision
<br /> of any court of competent jurisdiction, such decision shall not affect the validity of the
<br /> remaining portions of this Ordinance. The City Council of the City of Santa Ana hereby
<br /> declares that it would have adopted this Ordinance and each section, subsection,
<br /> sentence, clause, phrase, or portion thereof irrespective of the fact that any one or
<br /> more sections, subsections, sentences, clauses, phrases, or portions be declared
<br /> invalid or unconstitutional.
<br /> Section 9. This Ordinance shall be effective thirty days after its adoption
<br /> provided the conditions precedent set forth above have been satisfied. The City Clerk
<br /> shall certify the adoption of this Ordinance and shall cause the same to be posted as
<br /> required by law. Pursuant to Government Code Section 65868.5, within 10 days
<br /> following the entering into of the Development Agreement, as evidenced by full
<br /> execution thereof, the City Clerk shall record with the Orange County Recorder a copy
<br /> of the Development Agreement.
<br /> Ordinance No. NS-3086
<br /> Page 7 of 23
<br />
|