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annul, any action of, or any permit or approval issued by the City and/or any of its officials, <br />officers, employees, agents, departments, agencies, and instrumentalities thereof <br />(including actions approved by the voters of the City) for or concerning the Project, <br />whether such Actions are brought under the Ralph M. Brown Act, California <br />Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code <br />of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, <br />statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent <br />jurisdiction. It is expressly agreed that the City shall have the right to approve the legal <br />counsel providing the City's defense, and that Applicant shall reimburse the City for any <br />costs and expenses directly and necessarily incurred by the City in the course of the <br />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 8. If any section, subsection, sentence, clause, phrase, or portion of this <br />Ordinance is for any reason held to be invalid or unconstitutional by the decision of any <br />court of competent jurisdiction, such decision shall not affect the validity of the remaining <br />portions of this Ordinance. The City Council of the City of Santa Ana hereby declares that <br />it would have adopted this Ordinance and each section, subsection, sentence, clause, <br />phrase, or portion thereof irrespective of the fact that any one or more sections, <br />subsections, sentences, clauses, phrases, or portions be declared invalid or <br />unconstitutional. <br />ADOPTED this day of , 2025. <br />APPROVED AS TO FORM: <br />Sonia R. Carvalho, City Attorney <br />By: <br />-44 <br />Melissa M. Crosthwaite <br />Senior Assistant City Attorney <br />AYES: <br />NOES: <br />ABSENT: <br />ABSTENTIONS <br />Councilmembers: <br />Councilmembers: <br />Councilmembers: <br />Councilmembers: <br />Valerie Amezcua <br />Mayor <br />Ordinance No. NS-XXX <br />Page 7 of 8 <br />