2 -EIR18-01; DA18-01; GPA18-10_2525 N MAIN

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LEGAL 5. Indemnity. The Applicant shall defend, indemnify, and hold harmless the City of Santa Ana, its agents, officers, or employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void or annul an approval of the City, its legislative body, advisory agencies or administrative officers the subject application. The City will promptly notify the Applicant of any such claim, action or proceeding against the City and the Applicant will either undertake defense of the matter and pay the City’s associated legal costs, or will advance funds to pay for defense of the matter by the City. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the Applicant’s consent, but should it do so, the City shall waive the indemnification herein, except the City’s decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. 6. Approval Time Period. The approval of the entitlements herein shall be valid for a time period consistent with the Development Agreement. IMPACT FEES 7. Project Development Impact Fees. The following Development Impact Fees shall be charged to the Project. These fee amounts are estimated and will be subject to change based on the fee rate applicable at the time of issuance of the Building Permit. Fee Residential Commercial Sewer Storm Drain Street Traffic Residential Development Fees Estimated Total 8. City Invoices. All invoices the Applicant has received from the City shall be paid to a zero balance by Temporary Certificate of Occupancy for the first phase of the project. PROJECT DESIGN AND OPERATIONS 9. The approved project is a multi-family apartment rental project. Any proposal in the future to convert the rental units to condominium ownership, the Owner shall comply with the requirements for a condominium project in accordance with local and state zoning and subdivision requirements. 10. Unit Mix: Increase number of family units to a minimum of XX percent (XX) of the proposed units to contain 2 & 3 bedrooms. 11. Onsite Property Manager. The Project shall include the provision to have 24-hour on-site Property Management services and personnel. Up-to-date 24-hour contact information for the on- site personnel shall be provided to the following City Agencies on an ongoing basis: (a) Police Department (b) Fire Department 2-156