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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. Mitigated Negative Declaration and Mitigation Monitoring Program, <br />Environmental Review No. 2011-46, have been approved and certified by this Council <br />by resolution simultaneously with the introduction of this ordinance. <br />H. The proposed project will not adversely affect the General Plan, as is <br />expressly set forth in the Request for Council Action dated March 5, 2012, together with <br />all supporting documents, including but not limited to, proposed resolutions, which are <br />incorporated herein by this reference. <br />Section 2. The Amended Development Agreement, a true and correct copy of <br />which is attached hereto as Exhibit 1, is hereby approved, and the City Manager and Clerk <br />of the Council are authorized to execute it on behalf of the City with such non -substantive <br />changes as may be authorized by the City Manager and City Attorney. The Clerk of the <br />Council is hereby authorized and directed to cause this Development Agreement to be <br />recorded with the County Recorder's Office. <br />Section 3. This ordinance shall not be effective unless and until Resolution No. <br />2012-013 is adopted and becomes effective. If said resolution is for any reason held to be <br />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 />ADOPTED this 16th day of April 2012. <br />Ordinance No. NS -2831 <br />Page 2 of 3 <br />