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55394.00062\42643158.1
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<br />Ordinance No. NS-____
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<br />other procedures), judgments, order s, 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 ac tion 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 t he City) for or
<br />concerning the P roject, wheth er such Actions are brought under the Ralph M. Brown
<br />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, statut e, 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 Applican t in the defense
<br />of the Action.
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<br />Section 9. 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 of
<br />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 more
<br />sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
<br />unconstitutional.
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<br />Section 10. 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.
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<br />ADOPTED this 17th day of September, 2024.
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<br /> _______________________
<br /> Valerie Amezcua
<br /> Mayor
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<br />City Council 22 – 249 9/17/2024
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