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<br />Resolution No. 2024-XXX
<br />Page 5 of 8
<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, a gencies, and
<br />instrumentalities thereof (including actions approved by the voters of t he City) for or
<br />concerning the P roject, whether such Actions are brought under the Ralph M. Brown
<br />Act, California Environmental Quality Act, the Planning and Zoning Law, t he
<br />Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other
<br />federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or
<br />any decision of a court of competent jurisdiction. It is expressly agreed th at 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 promp tly 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 8. If any section, subsection, sentence, clause, phrase, or portion of
<br />this Resolution 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 Resolution. The Planning Commission of the City of Santa
<br />Ana hereby declares that it would have adopted this Resolution and each section,
<br />subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that any
<br />one or more sections, subsections, sentences, clauses, phrases, or portions be
<br />declared invalid or unconstitutional.
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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 />APPROVED AS TO FORM:
<br />Sonia R. Carvalho, City Attorney
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<br />By:________________________
<br />Laura A. Rossini
<br />Chief Assistant City Attorney
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<br />AYES: Councilmembers:
<br />NOES: Councilmembers:
<br />ABSTAIN: Councilmembers:
<br />NOT PRESENT: Councilmembers:
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<br />City Council 22 – 294 9/17/2024
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