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<br /> <br /> <br /> <br /> <br /> this Amended Development Agreement have been found to be fair, just and reasonable, <br /> and the City has concluded that the pursuit of the Project will serve the interests of the <br /> City. <br /> <br /> F. The City Council has held a noticed public hearing on this Ordinance and <br /> has considered all testimony presented thereto. <br /> <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 /> <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 /> <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 /> <br /> Section 3. This ordinance shall not be effective unless and until Resolution No. <br /> 2012- 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 /> <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 /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> Ordinance No. NS-XXX <br /> Page 2 of 3 <br /> <br /> <br /> 11 A-6 <br />