O1502
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(CCS)
ORDINANCE NO. 1502
(City Council Series)
A ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA
APPROVING THE DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF SANTA MONICA AND
THE SANTA MONICA COMMUNITY COLLEGE DISTRICT.
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. The Development Agreement attached hereto and
incorporated by reference between the City of Santa Monica, a
municipal corporation, and the Santa Monica Community College
District is hereby approved.
SECTION 2. Each and every term and condition of the
Development Agreement approved in section 1 of this ordinance
shall be and is made a part of the Santa Monica Municipal Code
and any appendices thereto. The city Council of the city of San-
ta Monica finds that the public necessity, public convenience,
and general welfare require that any provision of the Santa Moni-
ca Municipal Code or appendices thereto inconsistent with the
provisions of this Development Agreement, to the extent of such
inconsistencies and no further, is hereby repealed or modified to
that extent necessary to Dake fully effective the provisions of
this Development Agreement.
SECTION 3. Any provision of the Santa Monica Municipal Code
or appendices thereto inconsistent with the provisions of this
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Ordinance, to the extent of such inconsistencies and no ~urther,
are hereby repealed or modified ~o ~hat extent necessary ~o af-
fect the provisions of this Ordinance.
SECTION 4. If any section, subsection, sentence, clause, or
phrase of this Ordinance is for any reason held to be invalid or
unconsti tutional by a decision of any court of any competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The ci ty council hereby
declares that it would have passed this Ordinance, and each and
every section, subsection, sentence, clause, or phrase not de-
clared invalid or unconstitutional without regard to whether any
portion of the Ordinance would be subsequently declared invalid
or unconstitutional.
SECTION 5. The Mayor shall aiqn and the city Clerk shall
attest to the passage of this Ordinance. The City Clerk shall
cause the same to be published once in the official newspaper
within 15 days after its adoption. This Ordinance shall become
effective after 30 days from its adoption.
APPROVED AS TO FORN:
~ ~. \..--~- -
ROBERT M. HYERS - '- U
City Attorney
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DEVBLOPKENT AGREEMENT
THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into
this ____ day of , 1989, between the SANTA
MONICA COMMUNITY COLLEGE DISTRICT and the BOARD OF TRUSTEES OF
THE SANTA MONICA COMMUNITY COLLEGE DISTRICT (hereinafter referred
to as the "District" and the "Board of Trustees," respectively),
and the CITY OF SANTA MONICA, a municipal corporation organized
and existing pursuant to the laws of the State of california and
the Charter of the city of Santa Monica ("city"), with reference
to the following facts:
A. On May 17, 1988, the City and the District entered into
Contract Number 5100 (ees) regarding: (i) the establishment of a
preferential parking zone around Santa Monica College
(f'Collegen); (ii) the lease by the city of certain structures at
the santa Monica Airport to the District for use as addi tional
classroom facilities; (iii) the construction of two parking
structures by the District on the College campus; and (iv) the
provision by the City of temporary parking lots and a shuttle
service for use by College employees, students, and College
visitors. On June 14, 1988, a preferential parking zone was
established around the College by the City pursuant to ordinance
Number 1444 (CeS). On July 1, 1988, the City leased the
additional classroom facilities at the Airport to the District
pursuant to Contract Number 5201 (CCS) ("Leasen). On or about
~ July 1, 1988, the city commenced the shuttle service from the
temporary parking lots. This Agreement is entered into regarding
the construction of the two parking structures on the College
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campus to mitigate certain environmental impacts created by the
establishment of the preferential parking zone.
B. Pursuant to California Government Code Sections 65865
et seq. and santa Monica Municipal Code sections 9800 et seq.,
the city is authorized to enter into binding development
agreements with persons having legal or equitable interests in
real property for the development of such property.
C. District is the legal owner of certain real property
("PropertyU) located in the City of Santa Monica, California, as
more particularly described in Exhibit A, which is attached
hereto and incorporated herein by this reference.
D. District as the developer has requested that City enter
into this Development Agreement (UAgreementll) regarding the
construction of two parking structures on the Property. District
has paid all necessary costs and fees associated with the city's
processing of this Agreement. City has complied with all
procedures required by Santa Monica Municipal Code Sections 9800
et seq. regarding the processing of this Agreement.
E. The City has caused to be prepared a comprehensive
Environmental Impact Report which analyzes in detail the
environmental effects of all aspects of the proposed development
of the Property. The City considered the Environmental Impact
Report in conjunction with the approval of this Agreement. The
Environmental Impact Report was prepared, processed, reviewed,
and approved in conformity with California Public Resources Code
Sections 21000 et seq. and the City of Santa Monica Guidelines
for Implementation of the California Environmental Quality Act,
adopted by Resolution Number 6694 (CCS).
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F. The city Council of the city has found that this
Agreement is consistent with the General Plan Of the city of
Santa Monica and any applicable specific plans of the city of
Santa Monica.
NOW, THEREFORE, in consideration for the covenants and
conditions hereinafter set forth, the parties hereto do hereby
agree as follows:
1. DEFINITIONS. For purposes of this Agreement, the
following terms and phrases shall be interpreted as hereinafter
defined, unless the context clearly indicates a contrary intent
of the parties:
Building Height: shall be as set forth in Section 3, and
shall be defined as the vertical distance measured from the
average level of highest and lowest point of that portion of the
lot covered by the building to the highest point of the roof
excluding parapets, stairways, ventilating fans or similar
equipment required to operate and maintain the building.
Subterranean parking areas located below the average ground level
shall also be excluded from building height.
city: the City of Santa Monica, a municipal corporation,
organized and conducting business pursuant to the laws of the
State of California and the Charter of the City of Santa Monica.
city Manager: the city Manager of the city.
District: Santa Monica Community College District,
developer of the Project.
Floor Area: shall be consistent with and governed by the
Zoning Ordinance.
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General Plan: the comprehensive, long-term general plan
for the physical development of the City of Santa Monica pursuant
to California Government Code Sections 65300 et. seq.
LUCE: the Land Use and Circulation Element of the General
Plan of the City.
Planning Commission: the Planning Commission of the City.
proj ect: the proposed development of the Property as is
more particularly described in section 3 of this Agreement and in
the Project site Plan.
Proiect Plans: those certain Project Plans dated June 19,
1989 (including renderings) prepared by Conrad Associates (as the
same may be amended from time to time in accordance with the
terms of this Agreement) which are attached hereto as Exhibit B
and incorporated herein by this reference and which set forth the
basic guidelines and scope for the development of the Project.
Parkinq Structures: the two parking structures to be
constructed on the Property. as more particularly described in
Section 3 of this Agreement and in Exhibit B.
Property: the real property on which the Project will be
developed and which is more particularly described in Exhibit A.
Zoning Administrator: the Zoning Administrator of the
City.
2. DESCRrPTrON OF THE PROPERTY. The Property described in
Exhibit A consisting of two (2) lots commonly known as nparking
Lot 4" and nparking Lot 8," respectively.
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3. DESCRIPTION OF PROJECT.
A. TwO Parking structures. The Project includes all
aspects of the proposed development of the Property with two (2)
Parking structures which are more particularly described herein
and in Exhibit B, including the following components:
1. The "Lot 4 Parking structure" shall be
constructed on Parking Lot 4. It shall contain approximately
182,000 square feet of Floor Area and provide approximately 402
full size and 292 compact non-tandem parking spaces. The Parking
structure shall not exceed four levels and a Building Height of
40 feet. One level shall be at grade and the three others shall
be above grade. The structure shall utilize the existing exit on
16th street as a right turn only.
2. The "Lot 8 Parking structure" shall be
constructed on the College Softball Field. It shall contain
approximately 238,000 square feet of Floor Area and provide
approximately 485 full size and 359 compact non-tandem parking
spaces. The parking Structure shall not exceed five levels with
one level of subterranean parking, one level of at grade parking,
and four levels of above-grade parking. The Parking structure
shall not exceed a Building Height of 38 feet. The structure
shall have one entrance and exit from 17th street at pico
Boulevard. The structure shall have no exit onto 16th street.
The structure shall be set back a minimum of one
hundred twenty-four (124) feet from 16th street curbline.
3. The total Floor Area of the Project shall not
exceed 420,000 square feet.
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B.
Landscapinq.
Landscaping shall be as set forth in
Exhibit B.
C. Vehicular and Pedestrian Access and Circulation.
Standard size parking spaces shall be at least 8.5 feet wide by
18 feet. Compact parking spaces shall be at least 7.5 feet wide
by 15 feet. The Parking structures shall have ingress and egress
from several locations on the Property as shown on Exhibit B.
4. APPROVED USES. By the execution of this Agreement, the
City specifically approves the use of the Property for
College-related parking.
5. TrXING OF CONSTRUCTION.
A. Not less than 30 days prior to the District's
commencement of construction of the parking structures, District
shall submit all construction plans to the city for review to
confirm that the construction plans comply with this Agreement.
City shall review such construction plans and shall notify
District that such plans do or do not comply with this Agreement
within fourteen (14) days of receipt of such construction plans.
B. District shall simultaneously bid the construction of
the two Parking structures, and shall complete construction of
both of the Parking structures and of the improvements in
accordance with the following deadlines:
~i) District to Obtain Office of state
Architect (OAS) Approval
(ii) District to Award Bid
(ii1) District to Commence Construction
November 21, 1989
January 8, 1990
February 15, 1990
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(iv) District to Complete Construction
April 15, 1991
District must commence construction of both Parking structures on
or before February 15, 1990, and, subject to extension of
deadlines as set forth below, complete construction of such
Parking structures and all on-site and off-site improvements
required in connection therewith within '~ourteen (14) months
after commencement of such construction. If District fails to
commence and complete construction within such period, City may
terminate this Agreement, in addition to such other remedies as
are set forth in Contract No. 5100 (CCS).
C. Extension of Deadlines. The failure of the District or
the City to meet the performance deadlines set forth above shall
not be an event of default if the District or City is prevented
from doing so by reason of events or circumstances beyond the
control of either the City or the District. In this regard, the
parties acknowledge that obtaining OSA approval as set forth in
item (i) of paragraph A above is an event beyond the control of
either party. In the event that either the City or the District
is delayed in complying with any of the deadlines set forth
above, the deadlines so delayed shall be extended for a period of
not more than sixty (60) days. If the City or the District is
prevented from complying with any of the deadlines set forth
above for a periOd of more than sixty (60) days, the parties
shall attempt, within an additional thirty (30) days, to agree to
new deadlines. If, at the end of such additional thirty (30) day
period, the parties cannot agree on new deadlines, such failure
to agree shall terminate the City'S obligations under this
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Agreement and shall be an event of default under the Lease;
provided, however, that the College's failure to obtain OSA
approval shall not terminate this Agreement or be considered an
event of default under the Lease until the expiration of an
additional thirty (30) day period. Both parties shall be
reasonable in their attempt to negotiate any new deadlines.
D. District shall be required to comply with all
requirements of the Office of the state Architect (nOSA") and to
obtain DSA approval of the Project prior to commencement of
construction. In the event of a conflict between requirements of
the City and of OSA, DSA requirements shall prevail.
6. PROJECT MITIGATION MEASURES. To comply with applicable
provisions of the General Plan and to mitigate specific burdens
upon the community resulting from construction of the Parking
structures, District agrees to provide the following project
mitigation measures:
A. Physical Mitiqations.
(1) Pavement treatments shall be applied to each
Parking Structure to mitigate noise effects as follows: Pavement
to be hand trowel finished with magnesium trowel. Finish shall
be in rotary pattern to obtain sweated swirl finish. Finish
shall be subject to architect's approval. Medium broom finish at
right angles to flow of traffic shall be acceptable alternate.
(2) Exterior lighting of each Parking structure shall
be shielded and directed away from surrounding residential uses.
(3) Openings on each level of the Parking structures
shall be designed to eliminate direct exterior penetration of
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headlights of vehicles within the structures. No opening shall
be allowed on the west wall of either Parking structure on the
second and third levels.
(4) Materials used for the roofs and exterior facades
of each parking structure shall be of a non-reflective nature.
(5) District shall pay city one-fourth (1/4) of the
cost of acquisition and installation of traffic signal
improvements at the intersection of pico Boulevard and 16th
street and for the left turn signal at the extension of 17th
street at pico Boulevard as may be required by the City if in
City's sole discretion it determines such signal improvements are
needed.
(6) Signage at the Sixteenth street exit of Lot 4
shall indicate right-turns only.
(7) The District shall reimburse the Ci ty for the
cost of installing a raised center median divider along Sixteenth
street adjacent to the Lot Four Parking structure exit that will
physically prevent left turn exiting onto sixteenth street.
B. Air guality Durinq Construction. Equipment engines
shall be kept in proper tune to reduce exhaust emissions. Such
equipment shall not be operated during first or second stage smog
alerts. During excavation. the si te shall be watered at least
twice daily to prevent excessive dust, and watering shall be
increased during periods that wind speeds exceed 15 miles per
hour. Mud and dirt shall be removed from the surrounding streets
and publicly used sidewalks on a daily basis.
c. Vehicle Alarm Plan. Prior to issuance of a certificate
of Occupancy for either structure, District shall submit a
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vehicle alarm plan for review and approval of the City Manager
which shall address measures the District shall take to mitigate
noise from vehicle alarms within both Parking structures.
D. Water conservation.
(1) Automatic sprinklers shall be set to water
landscaping during evening and early morning hours only so as to
reduce excessive water requirements due to water loss by
evaporation.
(2) To the extent feasible, landscaping shall
consist of drought-resistant plants and the landscaping plans
shall be subj ect to the approval of the Department of General
Services as to the water conservation features of such
landscaping.
E. impacts
Construction.
on
Traffic
and
Neiqhborhood
Durinq
(1) Vehicles hauling dirt or other construction
debris from the site shall cover any open load with a tarpaulin
or other secure covering to minimize dust emissions. District
shall maintain a staging area on the property for use by
construction firms and vehicles and shall design traffic patterns
for construction vehicles, both on-site and Off-site, in order to
minimize the impact of construction activities on adjacent
streets. Prior to the commencement of construction bidding,
District shall prepare a construction period mitigation plan
which shall implement the items specified in this Paragraph and
which shall address construction hours, noise mitigation, and the
location of construction staging areas and District shall submit
such construction period mitigation plan to the Department of
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General Services for review and approval. In addition, District
shall cooperate with the City's Department of General Services in
order to develop other mutually acceptable means for minimizing
project impacts.
~ (2) District shall prepare a construction vehicle
circulation and daily use plan that specifies the proposed
construction routes, hours, and dates, and indicates the manner
by which the college will reasonably seek to minimize noise,
vehicle, and related impacts caused by construction activities.
Said plan shall identify one or more designated individuals who
will be responsible for coordinating and moni toring the
construction vehicle circulation use plan and who will also be
available during normal office hours to respond to neighborhood
resident complaints regarding construction vehicles. District
shall mail a copy of said plan to all current property owners and
tenants residing within a 100 foot radius of the college campus
boundaries. A copy of the construction vehicle plan shall also
be published at least once in a local daily newspaper.
F. Enerqy conservation. Each Parking Structure in the
Project shall comply with all provisions of Title 24 of the
California Administrative Code relating to energy conservation.
G. Accessibility. The Project's handicap accessibility
requirements shall be as determined by the Office of the state
Architect's Access Compliance Department.
7. GENERAL SERVICES REQUIREMENTS. District shall comply
with all requirements of the City's Department of General
Services as enumerated in Exhibit C. Nothing in this Agreement
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is intended to exempt the Project from compliance with current or
future requirements of the Department of General Services to
which the District would otherwise be subject, and which are
applicable to other improvements within the City on the date any
such future requirement is placed into effect in the City.
8. CHANGES TO THE PROJECT NOT REQUIRING AMENDMENT OF
DEVELOPHENT AGREEKENT. If District desires to make any of the
following changes to the Project, District shall do so in
accordance with the provisions of this Section. If District
desires to make any other changes to the project, an amendment of
this Agreement shall be required.
A. Upon approval of the Zoning Administrator, District
may, without amending this Agreement, (i) increase the Floor Area
of either Parking Structure above the respective Floor Areas set
forth in section 3 above, by an amount not greater than 15,000
square feet for either structure, provided that the total Floor
Area of the Project shall not exceed 440,000 square feet; (ii)
relocate the driveway accesses to the Project by not more than 5
feet if approved by the City's Department of General Services:
(iii) relocate the exterior walls of any building by a distance
of not more than 4 feet; however, in no case may the 16th street
setback be reduced as a result of such relocation.
B. District shall file an application to the Zoning
Administrator on a form approved by the Zoning Administrator
which shall require District to specify the specific changes
being requested and to attach plans describing such changes.
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c. The fee for any such application shall be equal to the
fee then established by resolution for development review permit
applications.
D. The Zoning Administrator may approve or conditionally
approve the application if he or she finds that the changes
appl ied for will not adversely affect the compatibility of the
Project with the surrounding neighborhood and are harmonious with
the overall scheme of development of the project.
E. A statement of official action shall be issued by the
Zoning Administrator promptly following his or her decision
stating the decision and findings in support thereof.
9 . EFFECT 01' AGREEMENT ON LAND USE REGULATIONS.
A. The City's zoning codes, ordinances, rules,
regulations, and official policies governing permitted uses,
density, design, improvement, and standards and specifications
for the Property shall be those codes, ordinances, rules,
regulations, and official policies of the City governing
permitted uses, density, design, improvement, and standards and
specifications generally applicable to the development of real
property, as defined in the Zoning Ordinance, in force at the
time of the execution of this Agreement, except as modified or as
otherwise provided herein (as so mOdified, the "Existing
Regulations"); provided, however, that:
(1) District shall be subj ect to all increases in
city-imposed application and processing fees and charges with
respect to subsequent applications for development and
construction within the property, so long as such fees and
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charges are of general application and not imposed solely wi th
respect to the Property.
(2) Nothing herein shall prevent City, in subsequent
actions applicable to the Property, (a) from applying new rules,
regulations, and policies which do not confl ict wi,th Existing
Regulations, or (b) from denying or conditionally approving any
subsequent development project application relating to the
Property on the basis of such new rules, regulations, and
policies.
(3) In the event of fire or other casualty,
requiring reconstruction of more than fifty percent (50%) of any
building previously constructed hereunder, nothing herein shall
prevent city from applying to such reconstruction all
requirements of City's Building Code and other construction-
related standards and specifications then in effect.
B. As applied to this Agreement and the Project, any
provisions of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Agreement, to
the extent of such inconsistencies and not further, are hereby
modified to that extent necessary to effect the provisions of
this Agreement.
C. The design features, signage, and landscaping plan for
the Project will be reviewed and approved, or conditionally
approved, by city's Architectural Review Board (IIARBII) in
accordance with design review procedures in effect under Existing
Regulations. Except for design features, signage t and
landscaping, such review shall not include any other aspect of
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the Project which has been specifically approved by this
Agreement such as siting, building mass, or density.
D. City and District acknowledge that the provisions of
this Agreement are intended to implement the intent of the
parties that District have the right to develop the ~roject, and
that City has the right to control development of the Property,
pursuant to specified and known standards and rules which will
remain the same during the term of this Agreement. This
Agreement shall not be deemed to interdict any right of the City
or the District, as governmental entities, to act in accordance
with their powers, duties, and obligations.
E . City shall not be entitled to impose any mitigation
measures or fees in lieu thereof for impacts caused by
development of the proj ect other than as set forth in this
Agreement and such fees as are normally charged or imposed in
connection with the construction of projects of similar size,
such as water and sewer connection fees, plan check and building
permit fees, and other similar fees.
10. CERTIFICATES OF OCCUPANCY. Upon completion of either
Parking structure constructed under this Agreement and Contract
No. 5100 (CCS), Existing Regulations, and other applicable
agreements between City and District, the District shall be
responsible for obtaining from DSA a Certificate of Occupancy
therefor.
11. ENFORCEMENT; PERIODIC REVIEW OF COMPLIANCE WITH
AGREEMENT. This Agreement is enforceable by any party to it
notwi thstanding a change in any applicable general or specific
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plan, zoning, subdivision, or building regulations adopted by the
City which alter or amend the Existing Regulations.
The city shall review this Agreement at least once during
every twelve (12) month period from the date this Agreement was
executed. During each periodic review by the city, District
shall be required to demonstrate good faith compliance with the
terms of this Agreement.
12. DEFAULT. District or City shall be in default under
this Agreement upon the happening of one or more of the following
events or conditions ("Event of Default"):
A. District defaults ("District DefaultsU):
(1) District shall fail to pay City any amount due
under this Agreement as and when due.
(2) District shall fail to perform or comply in good
faith with any of the other agreements, terms, covenants, or
conditions of this Agreement on District's part to be performed
or complied with, and such nonperformance or noncompliance shall
continue for a period of thirty (30) days after written notice
from City, or, if such performance cannot reasonably be completed
within such thirty (30) day period, District shall not in good
faith have commenced such performance within such thirty (3D) day
period or shall not diligently and continuously proceed therewith
to completion: provided, however, that in no event shall such
cure period be extended beyond one hundred twenty (120) days from
the date of such notice.
(3) A material warranty, representation, or written
statement made or furnished by District to the City is false or
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proves to have been false in any material respect when it was
made.
(4) A finding and determination by the city council
of the City made upon the basis of substantial evidence following
a periodic review under Section 11 or otherwise of District's
good faith compliance with the terms of this Agreement that
District has not complied in good faith with the terms or
conditions of this Agreement.
(5) An express repudiation, refusal, or renunciation
of this Agreement by District, if the same is in writing and
signed by the District.
B. city default (!lCity Default"):
(1) city shall fail to comply in good faith with the
requirements hereof regarding the permitted development standards
and uses specified herein and such failure shall continue for a
period of thirty (30) days after written notice from District,
or, if such failure cannot reasonably be remedied by city within
such thirty (30) day period, city shall not in good faith have
commenced to cure such failure within such thirty (30) day period
or shall not diligently and continuously proceed therewith to
completion; provided, however, that in no event shall such cure
period be extended beyond one hundred twenty (120) days from the
date of such notice.
(2) city shall expressly repudiate, refuse, or
renounce this Agreement in writing_
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13. PROCEDURE UPON DEFAULT.
A. Upon the occurrence of a District Default, city may
terminate this Agreement upon written notice to District or, in
the case of a District Default under subsection 12A(4) hereof,
City may modify or terminate this Agreement pursuant to
procedures set forth in the Existing Regulations.
B. Upon the occurrence of a city Default, District may
terminate this Agreement upon written notice to city.
C. All remedies at law or in equity, including specific
performance, which are not otherwise provided for in this
Agreement or in the city's regulations governing development
agreements, are available to the parties to pursue if an Event of
Default occurs hereunder.
D. If this Agreement is terminated on account of an Event
of Default, the rights, duties, and obligations of the parties
hereunder shall cease as of the date of such termination. If
city is the terminating party, then any and all benefits,
including money received by the City, shall be retained by City.
Notwithstanding any other provision of this Agreement to the
contrary, District's and city's obligations to payor perform
obligations incurred or accrued prior to the date of any
termination of this Agreement shall survive any such termination
and shall be enforceable after such termination.
14 . NOTICE OF TERMINATION. Upon termination of this
Agreement, the parties hereto shall execute an appropriate notice
of termination suitable for recording in the Official Records of
Los Angeles County.
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15. DURATION OF AGREEHEN"l'. This Agreement shall expire
twenty-five (25) years from execution hereof. After expiration
or full satisfaction the parties shall execute an appropriate
certificate of termination which shall be recorded in the
Official Records of Los Angeles County.
16. SUPERSEDURE BY SUBSEQUENT LAWS. If any agency other
than City passes any law or regulation ("Law") after the date of
this Agreement which prevents or precludes compliance with one or
more provisions of this Agreement, then the parties shall meet
and confer in good faith to determine the feasibility of
modifying or suspending one or more provisions of this Agreement
to comply with such new Law based on the effect such modification
or suspension would have on the purposes and intent of this
Agreement. In addition, District shall have the right to
challenge the new Law preventing compliance with the terms of
this Agreement, and, in the event such challenge is successful,
this Agreement shall remain unmodified and in full force and
effect.
17. REMEDIES CUMULATIVE. Any right or remedy of either
party in this Agreement and any other right or remedy that that
party may have at law or equity upon the other's breach of any
covenant, agreement, term, provision, or condition in this
Agreement shall be distinct, separate, and cumulative rights or
remedies and no one of them, whether exercised by that party or
not, shall be deemed to be in exclusion of any other. Each party
may, in its discretion, exercise any and all thereof, at once or
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in succession, at such time or times as the party considers
appropriate.
Any notice, demand, request, consent,
18.
NOTICES.
approval, or communication which either party is required to or
may give to the other hereunder shall be in writing and shall be
delivered or addressed to the other at the address below set
forth or to such other address as either party may from time to
time direct by written notice given in the manner herein
prescribed, and such notice or communication shall be deemed to
have been given or made when communicated by personal delivery or
by independent courier service or by facsimile, or if by mail, on
the second business day after the deposit thereof in the united
states mail, postage prepaid, registered or certified, addressed
as hereinafter provided.
All notices, demands, requests,
consents, approvals, or communications from District to City
shall be addressed to city at:
with copies to:
City of Santa Monica
1685 Main street
Santa Monica, California 90401
Attention: City Manager
City Attorney
1685 Main Street, Third Floor
Santa Monica, California 90401
Attention: City Attorney
And to,
Director of Community and Economic
Development
City of Santa Monica
1685 Main street
Santa Monica, California 90401
Attention: Director
And to,
Director of Planning
City of Santa Monica
1685 Main street
Santa Monica, California 90401
Attention: Director
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All notices, demands, requests, consents, approvals, or
communications from City to District shall be addressed to
District at:
Santa Monica Community college District
Office of the Superintendent
and President
1900 pi co Boulevard
Santa Monica, California 90405
Attention: Superintendent and
President, URGENT
with copies to:
Business Services
Santa Monica College
1900 pico Boulevard
Santa Monica, California 90405
Attention: Deputy Superintendent
19. INDEMNIFICATION.
A. city shall have no liability of any kind whatsoever
for, in connection with, or as a result of the Project, or any
portion of the Property, or the condition thereof or the
ownership or operation thereof, or any act or occurrence that
occurs thereat or in connection therewith, at any time during the
term of this Agreement, whether for any damage or injury to any
persons whatsoever or to any property of District or of any other
person for any reason whatsoever, including, without limitation,
those occasioned by or arising from:
1. The demolition of existing buildings, if any, or
the construction, operation, or maintenance of the Project or any
improvements upon any portion of the Property, or the condition
of any portion of the Property.
2. Any conduct, act, or omission of city, its agents
or employees except for any claim against City for any injury or
damage to District or any other person which was caused by the
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negligence or reckless or willful misconduct of City or any of
its agents or employees, to the extent not covered by insurance.
B. District agrees to indemnify, defend, and hold
harmless, city, its City Council boards and commissions,
officers, agents, and employees from and against:
(1) Any and all actions, causes of action,
obligations, losses, liabilities, damages, injuries,
claims, and demands of any kind whatsoever that may result
from any claim, assertion, or imposi tion against ci ty by
any person of any liability or claim therefor for any
matter or of any kind as to which city is to have no
liability as provided in subsection (a) of this Section, as
well as all costs and expenses including, without
limitation, attorneys' fees, relating thereto regardless of
the merit or outcome thereof:
(2) Any and all penalties, fines and prosecutions,
suits for abatement of any public or private nuisance and
the imposition against City of any liens, as well as any
costs or expenses (including, without limitation,
attorneys' fees) related to any such claims, penalties,
fines, prosecutions, suits and impositions, regardless of
the merit or outcome thereof:
which occur during or relate to the term of this Agreement, and
which arise out of District's operation, business, or any other
acts or omissions of District with respect to any portion of the
Property, or out of any use or occupancy of any portion of the
Property by District or any other person during the term of this
Agreement, or out of any condition of any portion of the Property
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during the term of this Agreement, or out of any default by
District in the performance or observance of any obligation on
District's part to be performed under this Agreement or out of
any failure by District to comply with any legal requirements or
applicable agreements or covenants with respect ~o any use,
occupancy or condition on, of, or about any portion of the
Property; provided, however, that City, its city council, boards
and commissions, officers, agents, and employees shall not be
entitled to indemnification for damage caused to such indemnified
party by reason of such indemnified party's own negligence or
willful act or willful omission.
20. NO ORAL MODIFICATION. No statement, action, or
agreement hereafter made shall be effective to change, amend,
waive, modify, discharge, terminate or effect an abandonment of
this Agreement in whole or in part unless such statement, action,
or agreement is in writing and signed by the party against whom
such change, amendment, waiver, modification, discharge,
termination, or abandonment is sought to be enforced.
21. SEVERABILITY; INVALIDITY OP PARTICULAR PROVISIONS. If
any term or provision of this Agreement or the application
thereof to any person or circumstances shall, to any extent, be
invalid or unenforceable, the remainder of this Agreement, or the
application of such term or provision to persons or circumstances
other than those to which it is held invalid or unenforceable,
shall not be affected thereby, and each other term and provision
of this Agreement shall be valid and enforced to the fullest
extent permitted by law.
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22. ATTORNEY'S FEES. In case suit shall be brought
because of breach or alleged breach of any covenant or condition
herein contained on the part of District or City to be kept or
performed, the prevailing party shall be entitled to reasonable
attorneys' fees in addition to court costs and any and all other
costs recoverable in said action. Such attorney's fees shall be
deemed to have accrued on the commencement of such action and
shall be paid whether or not such action is prosecuted to
judgment. In any case where this Agreement provides that either
party is entitled to recover its attorney's fees from the other,
the recovering party shall be entitled to recover an amount equal
to the fair market value of services provided by attorneys who
are employed by the recovering party as well as any attorneys'
fees actually paid by the recovering party to third parties.
23. EXBrBITS. All exhibits attached hereto and/or
referred to in this Agreement are incorporated herein as though
set forth in full.
24. CONSTRDCTrON. The parties agree that each party and
its counsel have reviewed and revised this Agreement and that any
rule of construction to the effect that ambiguities are to be
resolved against the drafting party shall not apply in the
interpretation of this Agreement or any amendments or exhibits
thereto.
25. COUNTERPARTS. This Agreement may be executed in
several counterparts, each of which shall be deemed an original,
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and such counterparts shall consti tute but one and the same
instrument.
26.
RECORDING OF AGREEMENT.
The parties hereto shall
cause this Agreement to be recorded in the Official Records of
the County of Los Angeles. The cost, if any, of recording this
Agreement shall be borne by District.
IN WITNESS WHEREOF, the parties hereto have duly executed
this Agreement as of the day and year first above written.
CITY OF SANTA MONICA,
a municipal corporation
By
JOHN JALILI
City Manager
APPROVED AS TO FORM:
ROBERT M. MYERS
City Attorney
SANTA MONICA COMMUNITY COLLEGE
DISTRICT
By
LMCDA172/hpw
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EXHIBIT A
PROPERTY DESCRIPTION
Parking structure IIAII shall be located on property commonly known
as Santa Monica College parking lot #4, more particularly
described as follows:
All that real property in the City of Santa Monica in
the County of Los Angeles, State of California, as shown
in tract no. 12543, lots 1, 2, 15 and 16 of Block 44 of
East Santa Monica, in said city, county and state, as
per map recorded in Book 17, page 95.
Parking structure "BII shall be located on property commonly known
as Santa Monica College softball field, more particularly
described as follows:
All that real property in the City of Santa Monica, in
the County of Los Angeles, State of California, as shown
in tract no. 12543, lots 3, 4, 13 and 14 of Block 44 of
East Santa Monica, in said city, county and state, as
per map recorded in Book 17, pages 95 through 98.
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EXHIBIT B
PROJECT DESCRIPTION AND
LANDSCAPING REQUIREMENTS
The Santa Monica Community College District has proposed the
development of the following two parking structures:
One of the parking structures will be located on Lot 4 of the
college campus. (See attached site plan exhibit). Lot 4
presently contains a surface parking lot that will be removed to
allow construction of a four story parking structure that will:
a. Utilize the existing Lot 4 exit on 16th street as a right turn
only exit, and the College will pursue with the City
signalizing the intersection of 16th street and pico
Boulevard. The College will also pursue with the City, the
establishment of a westbound left hand turn signal at the
intersection of 17th street and Pico Boulevard.
b. Include the establishment of a new right turn only exit on
pico Boulevard. Include the establishment of a new entrance
on pico Boulevard.
c. Accommodate approximately 694 cars.
d. Be connected to the existing parking structure.
The other parking structure will be located on Lot 8 of the
college campus. (See attached site plan exhibit). Lot 8
presently contains the College softball field and is located
behind the Business Building. The structure will:
a. Have a single entrance/exit from 17th street at Pico
Boulevard and will contain no entrance/exit on sixteenth.
b. Have at least a 124 foot setback from the street ourbline
along sixteenth street.
c. Accommodate approximately 844 cars and will include one level
of below grade parking.
The Santa Monica Community College District shall comply with the
following landscaping requirements:
1. Prior to commencement of construction bidding for either or
both structures, the College shall submit ten (10) full size sets
of landscaping drawings to the city's Architectural Review Board
for review and approval.
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2. Landscaping materials and treatments shall comply with the
provisions of the City's adopted Water Conservation Ordinance
Number 1447.
3. Landscaping materials and treatments shall comply with the
landscaping provisions of SMMC Sections 9041.8 and 9041.10 and
9041.11.
4. The College shall provide diligent effort where possible to
preserve and/or relocate any mature trees that will need to be
removed from either or both Lots 4 and 8 in order to permit
project construction.
Attachments: Lot 4 and Lot 8 Site Plans
dr492ex2
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GENERAL SERVICES REQUIREMENTS
EXHIBIT C
1. An .asement ahall ~e vranted ~o the city for all handicapped
acce.. ramp. which encroach beyond tile limit of 'the public
right of way. Thi. include. an .a.ement at the
northwesterly corn.r of the ~rop.rty and ....m.nt. on either
.ide of both northerly driveway. on the Lot . Parking
Structure. .
2. A hydrology report shall be prepared that at ainimum .hall
address exi.ting .treet capacity and indicate the potential
for flooding of tho.e portion. of the atructure which are
below grade. ~h. report .hall al.o addre.. the change in
runoff from the .ite, indicate the point. at which thia
runoff will be discharged, and identify any chang.. to the
existing flow conditions. If indicated by the hydrology
study, a detention basin may be required on aite.
3. Complete .et of civil plana ahall b aubmitted d.signating
all off-aite improvements. Based upon a previous inspection
conducted by the General Services Department, the aidewalk
on Pico Boulevard between 16th Street and the eastern edqe
cf the Lot 4 Parking Structure will require removal and
replacement. Other off-.ite improvement. may be required .s
. result of clamage during construction.
4. All runoff from parking area. ahall be collected and routed
through an oil-water .eparator or other treatment proce..
to be approved by the city, which will reduce the
pollutant. washing from the aite into the .torm drain.
5. Completed ~rad1n9 plan. ahall be aubm1tted and ahall lnclu~e
an ero.1on control plan.
,
amxx
v
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Adopted and approved this 14th day of November, 1989.
P~l~
I hereby certify that the foregoing Ordinance No. 1502 (CCS)
was duly and regularly introduced at a meeting of the City
council on the 7th day of November 1989; that the said Ordinance
was thereafter duly adopted at a meeting of the City council on
the 14th day of November 1989 by the following council vote:
Ayes: Councilmembers:
Abdo, Katz, Reed, Mayor Zane
Noes: Councilmernbers:
Genser, Jennings
Abstain: counci1members:
Finkel
Absent: councilmernbers:
None
ATTEST:
/2. '\'./ /1 \
7yl>t~~
AS'i>T ci ~ Clerk
~
.
PROOF OF PUBLICATION
(2015.5 C.C. Pol
STATE OF CALIFORNIA,
County of Los Angeles,
I am a Citizen of the United States and a
resident of the County aforesaid: I am over
the age of eighteen years, and not a party to
or Interested in the above-entitled matter. I
am the prmcipal clerk of the printer of the
THE OUTLOOK
.4.....~..................1.........................
a newspaper of general CIrculation, printed
. DAILY EXCEPT SUNDAY
and published ..................................
in the City of .....~~~.~!~~............
County of Los Angeles, and which
newspaper has been adjudged a newspaper
of general circulation by the Superior Court
of the County of Los Angeles, State of
California, under the date of..~~:.~~ l~.~..,
314319. .
Case Number ................1 that the notice,
of which the annexed is a printed copy (set
in type not smaller than nonparei I). has
been published In each regular and entire
Issue of said newspaper and not In any
supplement thereof on the following dates,
to-WIt.
Vecember 22
....................................................
all In the year 19..~?.
I certify (or declare) under penalty of
pequry that the foregoing is true and
correct.
Dated at.... .~~~ .~~~.~~...................
California, this..... ~.~. .day of. .p.~~.~, 19~~...
.......~. .....~.......
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Free copies oft Is bl.nk form mey be ucurR from'
CALIFORNIA NEWSPAPER SERVICE
BUREAU, INC.
Legal Advertising Clearmg House
POBox 31
Los Angeles, CA 90053 . Telephone 625-2541
Plene request GENERAL Proof of PublicatIon
when arder'nCl th,s farm
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This space is for the County Clerk's Filing Stamp
Proof of Publication of
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1f4n O11DJNANCl:OF"ftm
ItTt'f COUNCIL OF TIll!: CITY OF
~ MONICA APPROVING
llJQVBLOPMMT AGREE-
MENT~, BkrwISUJ, -bull CITY OF
SANTA IlOJIICA AND 'i'ID: SANTA
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PROOF OF PUBLICATION
(2015.5 C.C. Pol
STATE OF CALIFORNIA,
County of Los Angeles,
I am a citizen of the United States and a
resident of the County aforesaid; I am aver
the age of eighteen years, and not a party to
or Interested in the above-entitled matter. I
am the principal clerk of the printer of the
THE OUTLOOK
..............................................4.....
a newspaper of general circulation, printed
and published .J).~.I.I..X.J;-K~f.~.~J1~J?AX.
in the City of .~~.tf:rh.~1gnn:;^............
County of Los Angeles, and which
newspaper has been adjudged a newspaper
of general circulation by the Superior Court
of the County of Los Angeles, State of
California, underthe date of.!~~~.~~ 19 .~~.,
Case Number ..;l.H.:n.~.....; that the notice,
of which the annexed is a printed copy (set
in type not smaller than nonpareil), has
been published in each regular and entire
issue of saId newspaper and not in any
supplement thereof on the following dates,
to-wit.
December 22
..................-.................................
~) all in the year 19.~t.
I certify (or declare) under penalty of
perlury that the foregoing is true and
correct.
Dated at... ~~~T.1. !'.9.~.If.~............ .....
22 Dec.
California, this......... .day of ........, 19.~?.
...... .......:-:::- ....~......
Signature
Fr.. caDI" elf till' bl.".. farm m.y b, "cur" 'rom
CALIFORNIA NEWSPAPER SERVICE
BUREAU, INC.
Legal AdvertIsing Clearing House
POBox 3 t
Los Angeles CA 90053 Telephone 625.254 t
PIUU r.t1uUf GE NE II: AI. Proof 01 pulllicallan
whe" I)rd-trt"1I tI'HS form
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ThIS space is for the County Clerk's Filing Stamp
Proof of Publication of
............. II.......................... ......... ... ......... .... I............. ... ........
............................I...~.................................
- '~ ~ . JlO 1J.ti8
COI'QC'fIJI!{-m PUBLIC ~
~ D~"'~ ~ 21,
ORDINANCE NO. _ (ees). en--
titled: --'d' .oaDUU.NCI!: OF "\"Iui;
CITY ~COt1NCIL OF THE CITY OF
SANTA,. MONICA APPROVING
THE DEVRLOPMENT AGREE-
MENT BL-tw~ THE crry OF
SANTA MONICA AND "nm SANTA
^~~~~
~Ve: - Coaacilmembers:
Abdo, Kati,'Kee('1Iij01'rae""-~~
._~ CouDcl=imemben: GeD-
. ~. bers: FiDtel
~ l'--.ilmMnllers: Noae
Pub. Dee 11r1l8ll