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H. The proposed project will not adversely affect the General Plan, as <br />amended by General Plan Amendment No. 2015 -03, as is expressly set forth in the <br />Request for Council Action dated February 2, 2016, together with all supporting <br />documents, including but not limited to, proposed resolutions, which are incorporated <br />herein by this reference. <br />Section 2. The Development Agreement, a true and correct copy of which is <br />attached hereto as Exhibit A and incorporated herein by this reference, is hereby <br />approved, and the City Manager and Clerk of the Council are authorized to execute it on <br />behalf of the City with such non - substantive changes as may be authorized by the City <br />Manager and City Attorney. The Clerk of the Council is hereby authorized and directed to <br />cause this Development 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 />2015 -012 (FEIR No. 2015 -01; GPA No. 2015 -03; and, VTTM No. 2015 -03) and Ordinance <br />No. NS -2892 (AA No. 2014 -04) are adopted and become effective. If said resolution and <br />ordinance are for any reason held to be invalid or unconstitutional by the decision of any <br />court of competent jurisdiction, or otherwise does not go into effect for any reason, then <br />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 16" day of February, 201 <br />APPROVED AS TO FORM: <br />Sonia R. Carvalho <br />City Attorney <br />By:ry <br />Lisa 'Storck <br />Assistant City Attorney <br />Ordinance No. NS -2893 <br />Page 2 of 4 <br />