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Report (EIR) in conjunction with this Project and adopted a mitigation monitoring plan, <br /> written findings and a statement of overriding considerations and the Council adopts this <br /> ordinance based upon said EIR, plan, findings and statement of overriding <br /> considerations. <br /> SECTION 2: The Amendment is hereby approved, and the City Manager and <br /> Clerk of the Council are authorized to execute it on behalf of the City. The Clerk of the <br /> City is hereby authorized and directed to cause this Development Agreement to be <br /> recorded with the County Recorder's Office. <br /> SECTION 3: 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 , 2010 <br /> Miguel A. Pulido <br /> Mayor <br /> <br /> APPROVED AS TO FORM: <br /> Joseph W. Fletcher, City Attorney <br /> <br /> AYES: Councilmembers <br /> NOES: Councilmembers <br /> <br /> ABSTAIN: Councilmembers <br /> NOT PRESENT: Councilmembers <br /> Ordinance No. NS- <br /> Page 2 <br /> 75A-4 <br /> <br />