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Section 2. The Amendment to Development Agreement, a true and correct copy <br />of which is attached hereto as Exhibit 1, is hereby approved, and the City Manager and <br />Clerk of the Council are authorized to execute it on behalf of the City with such non - <br />substantive changes as may be authorized by the City Manager and City Attorney. The <br />Clerk of the Council 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 />2013 -055 is adopted and becomes 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 does 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 18th day of November, 2013. <br />APPROVED AS TO FORM: <br />Sonia R. Carvalho, City Attorney <br />By: X ´┐Żor <br />r sisn 0. Hodge <br />tant City Attorney <br />AYES: Councilmembers: Amezcua, Benavides, Martinez, Pulido, Reyna, <br />Sarmiento, Tinajero (7) <br />NOES: Councilmembers: None (0) <br />Ordinance No. NS -2850 <br />Page 2 of 3 <br />