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CA:RMM:jld748/hpcal/pc
City Council Meeting 9-29=92
Santa Monica, California
ORDINANCE NUMBER 1647 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA, CALIFORNIA, APPROVING
CERTAIN LEASE AGREEMENTS
WHEREAS, the Redevelopment Agency of the City of Santa
Monica (the "Agencytl) owns a certain site (the "Redevelopment
Agency site") within its Downtown Redevelopment Project which it
currently leases to the City of Santa Monica (the IICity") for use
as a public parking facility (the "Existing Lease"); and
WHEREAS, the Agency proposes to amend and restate the
Existing Lease, or, alternatively, to lease the site to the City
for use as a public facility for a term not to exceed 35 years
pursuant to a new lease agreement (the "Redevelopment Lease");
and
WHEREAS, the Parking Authority of the City of Santa Monica
(the "Authorityll) owns certain sites located in the City of Santa
Monica (the "Parking Authority Sites") and proposes to lease the
Parking Authority sites to the City for use as public parking
facilities for a term not to exceed 35 years pursuant to a
separate lease agreement (the "Parking Leaself); and
WHEREAS, Article 9, Chapter 5, Part 1, Division 2, Title 5
(commencing with Section 54240) of the California Government Code
requires that prior to entering into the amended and restated
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'Existing Lease or the Redevelopment Lease and the Parking Lease
(collectively, the "Leases"), the city must approve the act of
entering into a formal lease agreement with the Agency and the
Authority, respectively, by ordinance which shall be subject to
the provisions for referendum applicable to the City,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES ORDAIN AS FOLLOWS:
SECTION 1. This Council hereby approves (1) the act of
entering into a formal lease agreement (including an amendment
and restatement of the Existing Lease) with the Agency, provided
that the amount of annual base rent payable by the City
thereunder shall not exceed $1,194,100, and (2) the act of
entering into a formal lease agreement with the Authority,
provided that the amount of annual base rental payable by the
City thereunder shall not exceed $1,181,200.
SECTION 2. Any provision of the Santa Monica Municipal
Code or appendices thereto inconsistent with the provisions of
this Ordinance, to the extent of such inconsistencies and no
further, are hereby repealed or modified to that extent necessary
to affect the provisions of this Ordinance.
SECTION 3. If any section, subsection, sentence, clause,
or phrase of this Ordinance is for any reason held to be invalid
or unconstitutional 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 city council hereby
declares that it would have passed this Ordinance, and each and
every section, subsection, sentence, clause, or phrase not
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,declared invalid or unconstitutional without regard to whether
any portion of the Ordinance would be subsequently declared
invalid or unconstitutional.
SECTION 4. The Mayor shall sign 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 FORM:
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JOS~ LAW'RE:CE
Acting Clty Attorney
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Adopted and approved this 29th day of September, 1992.
I hereby certify that the foregoing Ordinance No. 1647(CCS)
was duly and regularly introduced at a meeting of the city
council on the 22nd day of September 1992; that the said
ordinance was thereafter duly adopted at a meeting of the city
council on the 29th day of september 1992 by the following
council vote:
Ayes: Councilmembers: Abdo, Genser, Katz, Olsen,
Vazquez, Zane
Noes: Councilmembers: None
Abstain: Councilmembers: None
Absent: Councilmembers: Holbrook
ATTEST:
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