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SECTION 2: The Amendment to 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 of <br />the Council are authorized to execute it on behalf of the City with such nonsubstantive <br />changes as may be authorized by the City Manager and City Attorney. The Clerk of the City is <br />hereby 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. 2008-04 and the terms or effect of the Development Agreement, the <br />Development Agreement shall prevail. <br />SECTION 3: This ordinance shall not be effective unless and until Ordinance No. NS- <br />2782 and Resolution No. 2009-022 are adopted and become effective. If said ordinance and <br />resolution are for any reason held to be invalid or unconstitutional by the decision of any court <br />of competent jurisdiction, or otherwise do not go into effect for any reason, then this ordinance <br />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 court of <br />competent jurisdiction, such decision shall not affect the validity of the remaining portions of <br />this ordinance. The City Council of the City of Santa Ana hereby declares that it would have <br />adopted this ordinance and each section, subsection, sentence, clause, phrase or portion <br />thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, <br />phrases, or portions be declared invalid or unconstitutional. <br />ADOPTED this <br />18th day of May , 2009. <br />APPROVED AS TO FORM: <br />Joseph W. Fletcher, City Attorney <br />By: <br />B jam' Kauf <br />C ief A sistant Ci y Attorney <br />AYES: Councilmembers Alvarez, Benavides, Bustamante, Martinez, <br />Pulido Sarmiento, Tinaiero (7) <br />NOES: Councilmembers None (0) <br />ABSTAIN: Councilmembers None (0) <br />NOT PRESENT: Councilmembers None (0) <br />Ordinance NS-2783 <br />Page 2 of 11 <br />