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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 />Resolution 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 Resolution. The City Council of the City of Santa Ana hereby declares that
<br />it would have adopted this Resolution 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
<br />APPROVED AS TO FORM:
<br />Sonia R. Carvalho, City Attorney
<br />By:
<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 />day of 12025.
<br />Valerie Amezcua
<br />Mayor
<br />Resolution No. 2025-XXX
<br />Page 5of11
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