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<br />b. 1 dwelling unit per acre on Lot 1 of Vesting Tentative <br />Tract Map No. 16565. <br /> <br />2. Amend Section 5 of the Development Agreement to limit development in <br />Phase II to be consistent with the Specific Development, as amended, <br />but retain the concept that the City and Developer shall meet in good <br />faith to consider construction of a residential, for-sale, high-rise tower as <br />part of this Project <br /> <br />3. Amend the Vesting Tentative Tract Map to comply with the revised <br />Specific Development and Development Agreement. <br /> <br />4. Amend the Site Plan and Site Plan Review to comply with the revised <br />Specific Development and Development Agreement. <br /> <br />5. Amend the Final EIR, including the Project Description, consistent with <br />the revised Specific Development and Development Agreement. <br /> <br />6. Delete Section 5.1.2 of the Development Agreement related to <br />development of Commercial component tied to Development of hold <br />back units. <br /> <br />SECTION 2: The Development Agreement, a true and correct copy of which is <br />attached hereto as Exhibit 1, is hereby approved, and the City Manager and Clerk of the <br />Council are authorized to execute it on behalf of the City. The Clerk of the City is hereby <br />authorized and directed to cause this Development Agreement to be recorded with the <br />County Recorder's Office. In case of any dispute between the terms or effect of Tentative <br />Tract Map No. 2004-06 and the terms or effect of the Development Agreement, the <br />Development Agreement shall prevail. <br /> <br />SECTION 3: This ordinance shall not be effective unless and until Ordinance <br />No. NS-2676, Resolution No. 2005-016 and Resolution No. 2005-017 become effective. If <br />said ordinance and resolutions are for any reason held to be invalid or unconstitutional by <br />the decision of any court of competent jurisdiction, or otherwise do not go into effect for <br />any reason, then this ordinance shall be null and void and have no further force and <br />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 anyone or more sections, <br />subsections, sentences, clauses, phrases, or portions be declared invalid or <br />unconstitutional. <br /> <br />Ordinance No. NS-2677 <br />Page 2 of 3 <br /> <br />11 0-2 <br />