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jurisdiction. It is expressly agreed that the City shall have the right to approve, which <br />approval will not be unreasonably withheld, the legal counsel providing the City's defense, <br />and that Developer shall reimburse the City for any costs and expenses directly and <br />necessarily incurred by the City in the course of the defense. City shall promptly notify the <br />Developer of any Action brought and City shall cooperate with Developer in the defense of <br />the Action. <br />Section 7. SEVERABILITY. If any section, subsection, sentence, clause, <br />phrase or portion of this ordinance for any reason held to be invalid or unconstitutional <br />by the decision of any court of competent jurisdiction, such decision shall not affect the <br />validity of the remaining portions of this ordinance. The City Council of the City of Santa <br />Ana hereby declares that it would have adopted this ordinance and each section, <br />subsection, sentence, clause phrase or portion thereof irrespective of the fact that any <br />one or more sections, subsections, sentences, clauses, phrases, or portions be <br />declared invalid or unconstitutional. <br />Section 8. CITY COUNCIL ACTION. The City Council hereby takes the <br />following action: <br />1. The City Council approves Development Agreement No. 2018-01, attached <br />hereto and incorporated herein as Exhibit A, as follows: <br />A. The Development Agreement shall not take effect unless and until <br />Environmental Impact Report No. 2018-01 is certified by the City <br />Council, and General Plan Amendment No. 2018-06 and Amendment <br />Application No. 2018-10 are each approved by the City Council. <br />Section 9. EXECUTION OF ORDINANCE. The Mayor shall sign this Ordinance <br />and the Clerk of the Council shall attest and certify to the adoption thereof. <br />ADOPTED this day of 2019. <br />Miguel A. Pulido <br />Mayor <br />Ordinance NS-XXXX <br />Page 9 of 10 <br />