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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 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 4. The City Council of the City of Santa Ana, at its regular meeting,
<br /> hereby approves Density Bonus Agreement No.2025-02 as contained in Exhibit A, attached
<br /> hereto and incorporated as though fully set forth herein. This decision is based upon the
<br /> evidence submitted at the above said hearing„ which includes, but is not limited to: the
<br /> Request for Planning Commission Action dated April 28, 2024, and exhibits attached
<br /> thereto; the Request for City Council Action dated June 3, 2025, and exhibits attached
<br /> thereto; and the public testimony, written and oral, all of which are incorporated herein by
<br /> this reference.
<br /> Section 5. This resolution shall take effect immediately upon its adoption by the
<br /> City Council, and the City Clerk shall attest to and certify the vote adopting this resolution.
<br /> ADOPTED this 3rd day of June, 2025.
<br /> tdr Amezcua
<br /> APPROVED AS TO FORM:
<br /> Sonia R. Carvalho, i y A ey
<br /> By:
<br /> Melissa M. Crosthwaite
<br /> Senior Assistant City Attorney
<br /> Resolution No. 2025-020
<br /> Page 4 of 5
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