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development will include public art and convey a sense of place and
<br />contribute to the urban image for the City along a street corridor that
<br />includes regional, local and cultural landmarks. The development will
<br />be in scale with the buildings along Main Street to the north and west of
<br />the site. In addition, the Urban Design Element of the General Plan
<br />identifies the site as a Gateway; the Project promotes elements of a
<br />Gateway by developing the site with a building with attractive
<br />architectural features, projecting a positive image for the City of Santa
<br />Ana.
<br />C. The proposed Development Agreement will not adversely affect the public
<br />health, safety, and welfare in that the Development Agreement will not result in
<br />incompatible land uses on adjacent properties, inconsistencies with any General
<br />Plan goals or policies, or adverse impacts to the environment.
<br />Section 4. The Development Agreement, a true and correct copy of which is
<br />attached hereto as Exhibit A and incorporated herein by this reference, is hereby
<br />recommended for City Council approval.
<br />Section 5. The Development Agreement shall not be effective unless and until
<br />Resolution No. 2019- (Environmental Impact Report No. 2018-01),
<br />Resolution No. 2019- (General Plan Amendment No. 2018-06) and
<br />Ordinance No. NS- (Amendment Application No. 2018-10) are adopted and
<br />become effective. If said resolution and Development Agreement are for any reason
<br />held to be invalid or unconstitutional by the decision of any court of competent
<br />jurisdiction, or otherwise does not go into effect for any reason, then the Development
<br />Agreement shall be null and void and have no further force and effect.
<br />Section 6. INDEMNIFICATION. The Developer shall indemnify, protect, defend
<br />and hold the City and/or any of its officials, officers, employees, agents, departments,
<br />agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all
<br />claims, 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 other
<br />procedures), judgments, orders, and decisions (collectively "Actions"), brought against the
<br />City and/or any of its officials, officers, employees, agents, departments, agencies, and
<br />instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul,
<br />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 Environmental
<br />Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil
<br />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 />Ordinance NS-XXXX
<br />Page 8 of 10
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