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<br />SEIR No. 2018-15 and associated Mitigation Monitoring and Reporting Program will be
<br />enforced and apply to the proposed project.
<br />Section 4. The Applicant shall indemnify, protect, defend and hold the City
<br />and/or any of its officials, officers, employees, agents, departments, agencies, authorized
<br />volunteers, and instrumentalities thereof, harmless from any and all claims, demands,
<br />lawsuits, writs of mandamus, and other and proceedings (whether legal, equitable,
<br />declaratory, administrative or adjudicatory in nature), and alternative dispute resolution
<br />procedures (including, but not limited to arbitrations, mediations, and such other
<br />procedures), judgments, orders, and decisions (collectively "Actions"), brought against
<br />the City and/or any of its officials, officers, employees, agents, departments, agencies,
<br />and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or
<br />annul, any action of, or any permit or approval issued by the City and/or any of its officials,
<br />officers, employees, agents, departments, agencies, and instrumentalities thereof
<br />(including actions approved by the voters of the City) for or concerning the Project,
<br />whether such Actions are brought under the Ralph M. Brown Act, California
<br />Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code
<br />of Civil Procedure Sections 1085 or 1094.5, or any other federal, state or local
<br />constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of
<br />competent jurisdiction. It is expressly agreed that the City shall have the right to approve
<br />the legal counsel providing the City's defense, and that Applicant shall reimburse the City
<br />for any costs and expenses directly and necessarily incurred by the City in the course of
<br />the defense. City shall promptly notify the Applicant of any Action brought and City shall
<br />cooperate with Applicant in the defense of the Action.
<br />Section 5. The City Council of the City of Santa Ana hereby denies Appeal
<br />Application No. 2020-03 and Appeal Application No. 2020-04, thereby upholding the
<br />Planning Commission's approval of Site Plan Review No. 2020-04 as conditioned. This
<br />decision is based upon the evidence submitted at the above -said hearing, which includes,
<br />but is not limited to: the Request for City Council Action dated January 19, 2021, and
<br />exhibits attached thereto, and the public testimony, written and oral, all of which are
<br />incorporated herein by this reference.
<br />ADOPTED this day of
<br />APPROVED AS TO FORM:
<br />Sonia R. Carvalho
<br />City Attorney
<br />By: �W, 7g, -f.4,
<br />John M. Funk
<br />Sr. Assistant City Attorney
<br />, 2021.
<br />Vicente Sarmiento
<br />Mayor
<br />Resolution No. 2021-XXX
<br />Page 11 of 12
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