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G. The proposed project will not adversely affect the General Plan, as is <br />expressly set forth in the Request for Council Action dated May 4, 2009, together with <br />all supporting documents, including but not limited to proposed resolutions, which are <br />incorporated herein by this reference. <br />SECTION 2: The Amendment to Development Agreement, a true and correct <br />copy of which is attached hereto as Exhibit 1, is hereby approved, and the City Manager <br />and Clerk of the Council are authorized to execute it on behalf of the City with such <br />nonsubstantive changes as may be authorized by the City Manager and City Attorney. <br />The Clerk of the City is hereby authorized and directed to cause this Development <br />Agreement to be recorded with the County Recorder's Office. In case of any dispute <br />between the terms or effect of Tentative Tract Map No. 2008-04 and the terms or effect of <br />the Development Agreement, the Development Agreement shall prevail. <br />SECTION 3: This ordinance shall not be effective unless and until Ordinance <br />No. NS-2782 and Resolution No. 2009-022 are adopted and become effective. If said <br />ordinance and resolution are for any reason held to be invalid or unconstitutional by the <br />decision of any court of competent jurisdiction, or otherwise do not go into effect for any <br />reason, then this ordinance shall be null and void and have no further force and effect. <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 />ADOPTED this day of , 2009. <br />Miguel A. Pulido <br />Mayor <br />Ordinance No. NS- <br />Page 2 <br />11 B-2 <br />