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3. The Planning Department is directed to begin work on a rezone of the subject site as <br /> described herein. <br /> 4. The amendment approved in Section(1) above apply only to the upland, dry portion of <br /> the combined site. <br /> 5. Exhibit A is hereby made part of this approval and incorporated herein my reference. <br /> Section 2. Validity: <br /> If any section, subsection,paragraph, sentence clause or phrase set forth in this Ordinance <br /> or its application to any person or situation be declared unconstitutional or invalid for any <br /> reason, such decision shall not affect the validity of the remaining portions of this <br /> Ordinance or its application to any other person or situation. The City Council of the <br /> City of Everett hereby declares that it would have adopted this Ordinance and each <br /> section, subsection, sentence, clause,phrase or portion thereof irrespective of the fact that <br /> any one or more sections, subsections, sentences, clauses, phrases or portions be declared <br /> invalid or unconstitutional. <br /> Section 3. Purpose: <br /> It is expressly the purpose of this Ordinance to provide for and promote the health, safety <br /> and welfare of the general public and not to create or otherwise establish or designate any <br /> particular class or group of persons who will or should be especially protected or <br /> benefited by the terms of this Ordinance. Nothing contained in this Ordinance is intended <br /> nor shall be construed to create or form the basis of any liability on the part of the City, or <br /> its officers, employees or agents, for any injury or damage resulting from any action or <br /> inaction on the part of the City, its officers, employees or agents. <br /> Section 4. Pending Actions: <br /> The enactment of this Ordinance shall not affect any enforcement matter, case, <br /> proceeding, appeal or other matter currently pending in any court, or before the City, or in <br /> any may modify and create obligation, right or liability, civil or criminal, which may be in <br /> existence on the effective date of this Ordinance. <br /> 5 <br />