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5 .4 <br /> <br />the appropriate authorities of the city and Developer and its <br />successors and assigns. <br /> <br />23. Effective Date. <br /> The Effective Date of this Development Agreement shall he <br />the date that the City Council ordinance adopting this Development <br />Agreement becomes effective, which date shall be thirty (30) days <br />after the City Council meeting at which such ordinance is adopted. <br />Notwithstanding the foregoing, the Effective Date shall be delayed <br />past the foregoing if by such date, Developer has not acquired fee <br />title to the Property or presented City with proof of consent to <br />recordation of this Agreement against all the Property by the fee <br />owner(s) thereof. <br /> <br />24. Rules of construation~ section Headings. <br /> The singular includes the plural and the masculine gender <br />includes the feminine. Section headings used in this Development <br />Agreement are for convenience of reference only and shall not <br />constitute a part of this Development Agreement for any other <br />purpose or affect the construction of this Development Agreement. <br /> <br />25. Time of the Essence. <br /> Time is of the essence regarding each provision of this <br />Development Agreement of which time is an element. <br /> <br />2~. Counterparts. <br /> This Development Agreement has been executed in one or <br />more counterparts each of which has been deemed an original, but <br />all of which constitute one and the same instrument. <br /> <br />[Signature Page Follows] <br /> <br />11 <br /> <br /> <br />