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O1788 tit e CA:f:\atty\muni\laws\mhs\arbo city council Meeting 2-14-95 Santa Monica, California ORDINANCE NUMBER 1788 (CCS) (City council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING THE DEVELOPMENT AGREEMENT AMENDMENT BETWEEN ARBORETUM DEVELOPMENT PARTNERS, L.P., A CALIFORNIA LIMITED PARTNERSHIP AND THE CITY OF SANTA MONICA THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1 . The Development Agreement Amendment attached hereto as Exhibit "An and incorporated herein by reference between Arboretum Development Partners, L.P., a California Limited partnership, and the city of Santa Monica, a municipal corporation, is hereby approved. SECTION 2 . Each and every term and condition of the Development Agreement Amendment 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 Santa Monica finds that public necessity, public convenience, and general welfare require that any provision of the Santa Monica 1 e e Municipal Code or appendices thereto inconsistent with the provisions of this Development Agreement, to the extent of such inconsistencies and no further, be repealed or modified to that extent necessary to make fully effective the provisions of this Development Agreement Amendment. SECTION 3. 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inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.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 city Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. 2 e e SECTION 5. 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 be effective 30 days from its adoption. APPROVED AS TO FORM: 3 e e e~1 ~. ~ Mayor State of Cahforma ) County of Los Angeles ) ss CIty of Santa MOllica ) I, Beth Sanchez, ASSIStant CIty Clerk of the CIty of Santa MOllica, do hereby cenIfy that the foregoIng Ordmance No 1788 (CCS) had Its frrst readmg on February 7, 1995 and had Its second readIng on February 14. 1995 and was passed by the follOWIng vote Ayes CouncIlmembers Ebner, Greenberg, Holbrook. Rosenstem, Abdo, O'Connor Noes CouncIlmembers Genser Abstam CouncIlmembers None Absent CouncIlmembers None ATTEST ~~ F;' {/ CIty Clerk