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Section 2. <br />The City Council hereby approves the First Amendment in substantially the form <br />Exhibit A <br />attached hereto as , with such changes therein as shall be approved by the officers of the City <br />executing the same. The Mayor is hereby authorized and directed to execute, on behalf of the City, the <br />First Amendment between the City and the Developer, and the City Clerk is hereby authorized and <br />directed to attest to the First Amendment and to affix the seal of the City thereto. <br />Section 3. <br /> The officers, agents, attorneys, and employees of the City are hereby authorized <br />and directed to execute all documents and take such necessary steps as they deem necessary and advisable <br />in order to carry out and perform the purpose of this Ordinance and the intent of the First Amendment, <br />including but not limited to the use of eminent domain to acquire those interests necessary to implement <br />the Redevelopment Agreement and the First Amendment. <br />Section 4. <br /> The sections of this Ordinance shall be severable. If any section of this <br />Ordinance is found by a court of competent jurisdiction to be invalid, the remaining sections shall remain <br />valid, unless the court finds that: (a) the valid sections are so essential to and inseparably connected with <br />and dependent upon the void section that it cannot be presumed that the City Council has or would have <br />enacted the valid sections without the void ones; and (b) the valid sections, standing alone, are incomplete <br />and are incapable of being executed in accordance with the legislative intent. <br />Section 5. <br /> This Ordinance shall be in full force and effect from and after the date of its <br />passage and approval as provided by law, however, if the Developer has not executed the First <br />Amendment within 30 days after such date, all rights conferred by this Ordinance on the Developer shall <br />terminate. <br />PASSED <br /> this ___ day of __________, 2010. <br />_______________________________________ <br />Mayor <br />ATTEST: <br />__________________________________ <br />City Clerk <br />CERTIFIED TO BE CORRECT AS TO FORM: <br />__________________________________ <br />City Attorney <br />-2- <br /> <br />