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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 /> Valerie Amezcua <br /> Mayor <br /> APPROVED AS TO FORM: <br /> Sonia R. Carvalho, City Attorney <br /> a-a-- <br /> By: <br /> Melissa M. Crosthwaite <br /> Senior Assistant City Attorney <br /> AYES: Councilmembers: <br /> NOES: Councilmembers: <br /> ABSENT: Councilmembers: <br /> ABSTENTIONS: Councilmembers: <br /> Ordinance No. NS-XXX <br /> Page 7 of 8 <br />