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procedures), judgments, orders, and decisions (collectively "Actions"), brought against
<br />the City and/or any of its officials, officers, employees, agents, departments, agencies,
<br />and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or
<br />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 />Section 9. 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 following
<br />the entering into of the Development Agreement, as evidenced by full execution thereof,
<br />the City Clerk shall record with the Orange County Recorder a copy of the Development
<br />Agreement.
<br />ADOPTED this day of 12025.
<br />Valerie Amezcua
<br />Mayor
<br />Ordinance No. NS-XXX
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