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Section 3. The City Council hereby overturns the determination of the Planning
<br />Commission and approves Conditional Use Permit Nos. 2019-41-MOD-1 and 2023-03,
<br />and denies Appeal Application No. 2023-06.
<br />Section 4. The Applicant shall indemnify, protect, defend and hold the City and/or
<br />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, referendum, and other proceedings (whether legal,
<br />equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute
<br />resolution procedures (including, but not limited to arbitrations, mediations, and such
<br />other procedures), judgments, orders, and decisions (collectively "Actions"), brought
<br />against the City and/or any of its officials, officers, employees, agents, departments,
<br />agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set
<br />aside, void, or annul, any action of, or any permit or approval issued by the City and/or
<br />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 Act,
<br />California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map
<br />Act, Code 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 after conducting the public
<br />hearing hereby approves Conditional Use Permit No. 2019-41-MOD-1 and Conditional
<br />Use Permit No. 2023-03, as conditioned in Exhibit A, attached hereto and incorporated
<br />herein, for the project located at 2230 North Tustin Avenue. This decision is based upon
<br />the evidence submitted at the above said hearing, which includes, but is not limited to:
<br />the Request for City Council Action dated October 3, 2023, and exhibits attached thereto;
<br />and the public testimony, written and oral, all of which are incorporated herein by this
<br />reference.
<br />[Signatures on the following page]
<br />Resolution No. 2023-XXX
<br />Page 8 of 15
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