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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 to
<br />modify, set aside, void, or annul, any action of, or any permit or approval issued by the
<br />City and/or 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, which approval will not be unreasonably withheld, the legal counsel providing
<br />the City's defense, and that Applicant shall reimburse the City for any costs and
<br />expenses directly and necessarily Incurred by the City in the course of the defense.
<br />City shall promptly notify the Applicant of any Action brought and City shall cooperate
<br />with Applicant in the defense of the Action.
<br />Section 5. The City Council of the City of Santa Ana, after conducting the public
<br />hearing, hereby approves Variance No. 2017-10 as conditioned in "Exhibit A" attached
<br />hereto and incorporated as though fully set forth herein. This decision is based upon the
<br />evidence submitted at the above said hearing, which includes, but is not limited to: the
<br />Request for Planning Commission Action dated May 13, 2019, and exhibits attached
<br />thereto; and the Request for City Council Action dated June 4, 2019, and exhibits attached
<br />thereto; and the public testimony, written and oral, all of which are incorporated herein by
<br />this reference.
<br />ADOPTED this _ day of , 2019.
<br />APPROVED AS TO FORM:
<br />Sonia R. Carvalho, City Attorney
<br />By:
<br />Lisa Storck
<br />Assistant City Attorney
<br />Miguel A. Pulido
<br />Mayor
<br />Resolution No. 2019-xx
<br />Page 6 of 8
<br />75H-51
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