HomeMy WebLinkAbout16 - Approving the MacArthur Court Development Agreement and Affordable Housing Implementation Plan (PA2025-0090) - AmendedNovember 18, 2025
Item No. 16
10. To the fullest extent permitted by law, Applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any and all claims, demands, obligations,
damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities,
costs and expenses (including without limitation, attorney's fees, disbursements and
court costs) of every kind and nature whatsoever which may arise from or in any manner
relate (directly or indirectly) to City's approval of MacArthur Court Project including,
but not limited to, the Affordable Housing Implementation Plan (PA2025-0090).
(For the avoidance of doubt, this indemnity obligation does not extend to any Claims to
attack, set aside, void or annul the City's General Plan, any element thereof, or zoning
where Applicant is not a party to the litigation as a named defendant or real party in
interest in a direct challenge to the Project. In no event shall this be construed as
obligating the City to defend against or take other action that is related in any way, directly
or indirectly. to a challenae. lawsuit. or other Ieaal action to attack. set aside. void or
annul the City's General Plan, any element thereof, or zoning.) This indemnification shall
include, but not be limited to, damages awarded against the City, if any, costs of suit,
attorneys' fees, and other expenses incurred in connection with such claim, action,
causes of action, suit or proceeding whether incurred by Applicant, City, and/or the
parties initiating or bringing such proceeding. The Applicant shall indemnify the City for
all of City's costs, attorneys' fees, and damages which City incurs in enforcing the
indemnification provisions set forth in this condition. The Applicant shall pay to the City
upon demand any amount owed to the City pursuant to the indemnification requirements
prescribed in this condition.