2011 - 2020 (NS-2813 - NS-3000)
2016 (NS-2889 - NS-2907)
5/18/2016 1:58:40 PM
4/20/2016 10:17:09 AM
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F. Entering into this Second Amended and Restated Development <br />Agreement would provide the City with benefits that are of regional significance, relate <br />to existing deficiencies in public facilities, require the Developer to contribute a greater <br />percentage of benefits than would otherwise be required, and represent benefits which <br />would not otherwise be required as part of the development process. <br />G. The Project and the use that the Developer proposes in connection with <br />the property have been extensively reviewed and considered by the City, and such <br />proposed development and use have been found to accommodate the City's <br />recommendations and suggestions in order to protect the public's interest to enhance <br />the desirability of such proposed development and use. The terms and conditions of <br />this Second Amended and Restated Development Agreement have been found to be <br />fair, just and reasonable, and the City has concluded that the pursuit of the Project will <br />serve the interests of the City. <br />H. The Planning Commission has, following a duly noticed public hearing, on <br />July 13, 2015, recommended approval of a second amendment to the Development <br />Agreement. <br />I. The City Council has held a noticed public hearing on this Ordinance and <br />has considered all testimony presented thereto. <br />J. Additionally, Final Environmental Impact Report No. 2013 -01 and <br />Mitigation Monitoring Program have been approved and certified by this Council by <br />resolution simultaneously with the introduction of this 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 March 15, 2016, together <br />with all supporting documents and exhibits, which are incorporated herein by this <br />reference. <br />L. The Developer 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 Second Amended and Restated Development Agreement, a true <br />and correct copy of which is attached hereto as Exhibit "A" and incorporated herein by <br />reference, is hereby approved, and the City Manager and Clerk of the Council are <br />authorized to execute it on behalf of the City with such non - substantive changes as may <br />be authorized by the City Manager and City Attorney. The Clerk of the Council is hereby <br />authorized and directed to cause this Second Amended and Restated Development <br />Agreement to be recorded with the County Recorder's Office. <br />Ordinance No. NS -2895 <br />Page 2 of 4 <br />
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