75A - PH - DEV AGMT 200 FIRST AMERICAN WAY

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Development Plan (SD -43), as well as all applicable parking, landscaping and architectural provisions governing the project. D. The applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the negligence of the City of Santa Ana. Section 2. The City Council has reviewed and considered the information contained in the addendum to the mitigated negative declaration and mitigation monitoring program, Environmental Review No. 2011 -46, prepared with respect to this Project. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act ( "CEQA ") and the State CEQA Guidelines, the addendum to the mitigated negative declaration and mitigation monitoring program adequately addresses the expected environmental impacts of this Project. On the basis of this review, the City Council again finds that there is no evidence from which it can be fairly argued that the Project will have a significant adverse effect on the environment. The City Council hereby certifies and approves the addendum to the mitigated negative declaration and mitigation monitoring program and directs that any necessary Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Section 3, The City Council of the City of Santa Ana after conducting the public hearing hereby_ app roves: A. Site Plan Review No. 2015 -02 as conditioned in Exhibit "A" attached hereto and incorporated herein; and, B. The addendum to the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2011 -46, attached as Exhibit "B" hereto and incorporated herein. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Council Action dated April 21, 2015, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Section 4. This Resolution shall not be effective unless and until Ordinance No. becomes effective. If said ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise does not go into effect for any reason, then this resolution shall be null and void and have no further force and effect. Resolution No. 2015 -xxx Page 2 of 4 75A -108