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<br />SECTION 2: The Development Agreement, a true and correct copy of which is <br />attached hereto as Exhibit 1, is hereby approved, and the City Manager and Clerk of the <br />Council are authorized to execute it on behalf of the City. The Clerk of the City is hereby <br />authorized and directed to cause this Development Agreement to be recorded with the <br />County Recorder's Office. <br /> <br />SECTION 3: This ordinance shall not be effective unless and until all the following <br />ordinances and resolutions become effective: Resolution No. 2007-026 (Environmental <br />Impact Report); Resolution No. 2007-027 - General Plan Amendment; Ordinance NS- <br />2739 (Zoning Ordinance Amendment No. 2007-01); Ordinance NS-2740 (Amendment <br />Application No. 2007-01); Resolution No. 2007-028 (Site Plan Review No. 2007-01 and <br />Tentative Tract Map No. 2007-01 (County Map NO. 17069)). If any of said ordinances <br />or resolutions are for any reason held to be invalid or unconstitutional by the decision of <br />any court of competent jurisdiction, or otherwise do not go into effect for any reason, then <br />this ordinance shall be null and void and have no further force and effect. <br /> <br />SECTION 4: In case of any dispute between the terms or effect of the <br />entitlements set forth in section 3, above, and the terms or effect of the Development <br />Agreement, it is the Council's intent that, to the extent permitted by law, the term or effect <br />that is more protective of the public shall prevail. <br /> <br />SECTION 5: 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 anyone or more sections, <br />subsections, sentences, clauses, phrases, or portions be declared invalid or <br />unconstitutional. <br /> <br />ADOPTED this <br /> <br />day of <br /> <br />,2007 <br /> <br />Miguel A. Pulido <br />Mayor <br /> <br />APPROVED AS TO FORM: <br /> <br />Ordinance No. NS- <br />Page 2 <br /> <br />11A-97 <br /> <br />