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Santa Ana City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. The City Clerk is the
<br /> custodian of records for the record of proceedings.
<br /> Section 6. Pursuant to Government Code Section 66020, the Applicant may
<br /> protest the imposition of fees, dedications, reservations, or other exactions imposed on
<br /> this development project by taking the necessary steps and following the procedures
<br /> established by sections 66020 through 66022 of the California Government Code.
<br /> Section 7. The Applicant shall indemnify, protect, defend and hold the City
<br /> and/or any of its officials, officers, employees, agents, departments, agencies,
<br /> authorized volunteers, and instrumentalities thereof, harmless from any and all claims,
<br /> demands, lawsuits, writs of mandamus, and other and proceedings (whether legal,
<br /> equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute
<br /> resolution procedures (including, but not limited to arbitrations, mediations, and such
<br /> 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 Subdivision
<br /> Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or
<br /> local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a
<br /> court of competent jurisdiction. It is expressly agreed that the City shall have the right to
<br /> approve the legal counsel providing the City's defense, and that Applicant shall
<br /> reimburse the City for any costs and expenses directly and necessarily incurred by the
<br /> City in the course of the defense. City shall promptly notify the Applicant of any Action
<br /> brought and City shall cooperate with Applicant in the defense 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 City Council of the City of Santa Ana hereby
<br /> declares that it would have adopted this Resolution and each section, subsection,
<br /> sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more
<br /> sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
<br /> unconstitutional.
<br /> Section 9. This Resolution shall take effect immediately upon its adoption by
<br /> the City Council and the Clerk of the Council shall attest to and certify the vote adopting
<br /> this Resolution.
<br /> Resolution No. 2025-042
<br /> Page 5 of 20
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