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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. <br />SECTION 3: This ordinance shall not be effective unless and until Resolution No. <br />2009 -XXX is adopted and become effective. If said resolution is for any reason held to be <br />invalid or unconstitutional by the decision of any court of competent jurisdiction, or <br />otherwise do not go into effect for any reason, then this ordinance shall be null and void <br />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 />Ordinance No. NS- <br />Page 2 <br />Miguel A. Pulido <br />Mayor <br />11B-14 <br />