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F. The City Council has held a noticed public hearing on this Ordinance and <br />has considered all testimony presented thereto. <br />G. Additionally, an addendum to the Mitigated Negative Declaration and <br />Mitigation Monitoring Program, Environmental Review No. 2011 -46, has been approved <br />and certified by this Council by resolution simultaneously with the introduction of this <br />ordinance. <br />K The proposed project will not adversely affect the General Plan, as is <br />expressly set forth in the Request for Council Action dated April 21, 2015, together with <br />all supporting documents, including but not limited to, proposed resolutions, which are <br />incorporated herein by this reference, <br />I. The applicant agrees to indemnify, hold harmless, and defend the City of <br />Santa Ana, its officials, officers, agents, and employees, from any and all liability, <br />claims, actions or proceedings that may be brought arising out of its approval of this <br />project, and any approvals associated with the project, including, without limitation, any <br />environmental review or approval, except to the extent caused by the negligence of the <br />City of Santa Ana. <br />Section 2. The Amended Development Agreement, a true and correct copy of <br />which is attached hereto as Exhibit "A" and incorporated herein by reference, is hereby <br />approved, and the City Manager and Clerk of the Council are authorized to execute it on <br />behalf of the City with such non - substantive changes as may be authorized by the City <br />Manager and City Attorney, The Clerk of the Council is hereby authorized and directed to <br />cause this Development Agreement to be recorded with the County Recorder's Office, <br />Section 3. This ordinance shall not be effective unless and until Resolution No. <br />2015- is adopted and becomes effective. If said resolution is for any reason held <br />to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or <br />otherwise does not go into effect for any reason, then this ordinance shall be null and void <br />and have no further force and effect. <br />Section 4. 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 />Ordinance No. NS -XXX <br />Page 2 of 3 <br />75A -102 <br />