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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
<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, statute, 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 Applicant in the defense
<br />of the Action.
<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.
<br />ADOPTED this 1 st day of October, 2024.
<br />Valerie Amezcua
<br />Mayor
<br />APPROVED AS TO FORM:
<br />Sonia R. Carvalho, City Attorney
<br />By: iOw o-
<br />Laura A. Rossini
<br />Chief Assistant City Attorney
<br />AYES:
<br />Councilmembers:
<br />NOES:
<br />Councilmembers:
<br />ABSTAIN:
<br />Councilmembers:
<br />NOT PRESENT:
<br />Councilmembers:
<br />Resolution No. 2024-XXX
<br />Page 5 of 8
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