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LU Policy 5.7: Anticipate that the intensity of new
<br />development will not exceed available infrastructure
<br />capacity.
<br />Land Use (LU) Element Goal 6: Reduce residential
<br />overcrowding to promote public health and safety.
<br />k. Urban Design (UD) Element Goal 1: Improve the physical
<br />appearance of the City through development of districts that
<br />project a sense of place, positive community image, and
<br />quality environment.
<br />UD Policy 1.1: New development and redevelopment must
<br />have the highest quality design, materials, finishes and
<br />construction.
<br />C. The proposed Development Agreement will not adversely affect the public
<br />health, safety, and welfare in that the Development Agreement will not
<br />result in incompatible land uses on adjacent properties, inconsistencies
<br />with any General Plan goals or policies, or adverse impacts to the
<br />environment.
<br />SECTION 3. EFFECTIVENESS. The Development Agreement shall not be
<br />effective unless and until the following are adopted and become effective: Resolution
<br />No. 2019-040 (2019 Addendum) and Ordinance No. NS-2966 (MainPlace Specific
<br />Plan). If these approvals and Development Agreement are 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 the Development Agreement shall
<br />be null and void and have no further force and effect.
<br />SECTION 4. INDEMNIFICATION. The Developer shall indemnify, protect,
<br />defend and hold the City and/or any of its officials, officers, employees, agents,
<br />departments, agencies, authorized volunteers, and instrumentalities thereof, harmless
<br />from any and all claims, demands, lawsuits, writs of mandamus, and other and
<br />proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in
<br />nature), and alternative dispute resolution procedures (including, but not limited to
<br />arbitrations, mediations, and such other procedures), judgments, orders, and decisions
<br />(collectively "Actions"), brought against the City and/or any of its officials, officers,
<br />employees, agents, departments, agencies, and instrumentalities thereof, that
<br />challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any
<br />permit or approval issued by the City and/or any of its officials, officers, employees,
<br />agents, departments, agencies, and instrumentalities thereof (including actions
<br />approved by the voters of the City) for or concerning the Project, whether such Actions
<br />are brought under the Ralph M. Brown Act, California Environmental Quality Act, the
<br />Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections
<br />1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance,
<br />charter, rule, regulation, or any decision of a court of competent jurisdiction. It is
<br />expressly agreed that the City shall have the right to approve, which approval will not be
<br />unreasonably withheld, the legal counsel providing the City's defense, and that
<br />Ordinance No. NS-2967
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