O1816
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CA:f:\atty\muni\laws\mhs\nme
city Council Meeting 9-26-95
Santa Monica, California
ORDINANCE NUMBER 1816 (CCS)
(City council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA APPROVING THE FOURTH
AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN
TENET HEALTHCARE CORPORATION, A NEVADA
CORPORATION, AND THE CITY OF SANTA MONICA
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1.
The Fourth Amendment to Development Agreement
attached hereto as Exhibit "A" and incorporated herein by reference
between Tenet Healthcare Corporation, a Nevada Corporation, and the
City of Santa Monica, a municipal corporation, is hereby approved.
SECTION 2. Each and every term and condition of the Fourth
Amendment to 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.
SECTION 3. The City Council of the City of Santa Monica finds
that the Fourth Amendment to Development Agreement is consistent
with the General Plan.
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SECTION 4. 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are hereby repealed or modified to that extent necessary to effect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 5. 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 Counci I 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.
SECTION 6. 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 off icial newspaper
within 15 days after its adoption. This Ordinance shall be
effective 30 days from its adoption.
APPROVED AS TO FORM:
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EXHIBIT A
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Recording requested by
and when recorded mail to:
CONTRACT NO.
(CCS)
Richard A. Lawrence, Esq.
Lawrence & Harding, P.C.
1250 Sixth Street; Suite 300
Santa Monica. California 90401
FOURTH AMENDMENT
to
DEVELOPMENT AGREEMENT
between
TENET BEALTHCARE CORPORATION,
a Nevada corporation,
and
THE CITY OF SANTA MONICA, CALIFORNIA,
a municipal corporation
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FOURTH AMENDMENT TO, DEVELOPMENT AGREEMENT
THIS FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT ( "Fourth
Amendmentll) is entered into as of this day of ,
1995, by and between TENET HEALTHCARE CORPORATION, a Nevada
corporation, formerly known as National Medical Enterprises, Inc.
("Tenet"), and the CITY OF SANTA MONICA, a municipal corporation
organ1zed 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:
BI~I~ALS
A. On or about April 16, 1982, the City and Colorado Place
Associates t a Ca11fornia general partnership ("First Prior OWner") I
entered into a development agreement ("Development Agreement")
pursuant to Cal1fornia Government Code Sections 65864, et seq., and
Santa Mon1ca Municipal Code Sections 9800, ~ seq., setting forth
the terms and conditions for development of certain real property
located at 2700 Colorado Avenue in the City of Santa Monica,
Cal1fornia (I1Subject Property"). The Development Agreement was
recorded on April 21, J.982, as Instrument No. 82 -413 680 in the
Off1ce of the County Recorder of Los Angeles County, California.
The Subject Property is more particularly described in Exhibit, "A"
attached to th1S Fourth Amendment.
B. The Development Agreement has been amended by the
followlng documents:
B(l) Covenant and Agreement dated August 30, 1984,
be~ween the Clty, on the one part, and Campeau/Sedgwick Properties,
a ge:lera2.. partnership organ1zed under the laws of the State of
2all:~~~la, Campeau Corporatlon Californ1a, a Ca~ifornia
corpo~a~lcn, and Grant Sedgwlck, an lndlvldual, on the other part
( " Coven an t and Agreement II ) ;
B (2) Flrst Amendment to Development Agreement dated
Feb~uary 20, 1987, between the Clty, on the one part, and 2600
Co:orado ASSOclates, a Callfornla llmlted partnership, and Campeau
Corpo~a~lon Callfornia, a Californ1a corporatlon (collectl~ely, the
"Second Prior Owners"), the successorS-ln-1.nterest of the First
P~lO~ Owner, on the other part, as recorded on February 26, 1987,
as Instru~ent No 87-287297 1.n the Off1ce of the County Recorder of
Los Angeles County ("First Amendment");
B()} Second Amendment to Development Agreement dated
Aprll 8, 1987, between the Clty and Tenet, as successor-in-1nterest
to the Flrst Prlor Owner and Second Prlor Owners, as recorded on
Aprll 16, 1987, as Instrument No. 87-592069 in the office of the
County Recorder of Los Angeles County ("Second Amendment") i
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B (4) Th~rd Amendment to Development Agreement dated as
of August 8, 1988, between the City and Tenet (IIThird Amendmentn).
The Development Agreement, as amended by the Covenant and
Agreement, First Amendment, Second Amendment and Third Amendment,
~s hereinafter referred to as the "Amended Development Agreement".
C. Pursuant to the terms and conditions of the Amended
Development Agreement, tne City approved a plan for development on
the Subject Property which included( in part, the following
elements:
e(l) Fifteen hundred (1,500) square feet of space to be
constructed and improved by Tenet in accordance with the provisions
of the Amended Development Agreement and thereafter leased to the
City to use for public meetings and other public recreational and
c~vic activ~ties ("Community Space") .
C (2) Open space area ( II Open Space II ) and park area
( tl Park 11_) __ on the Subj ect Property.
D. The C~ty and Tenet mutually agree that ~t ~s necessary to
a~end the Amended Development Agreement to (1) substitute payment
by Tenet to the C~ty of a Parks & Recreation Fee, as provided in
Paragraph 1 of this Fourth Amendment, in l~eu of providing the
Commu~~ty Space on-site at the Subject Property, and (2) clar~fy
~ncons~stencies ~n the Amended Development Agreement and ~n permits
and approvals lssued pursuant to the Amended Develop~ent Agreement
rega~dlng the s~ze, location and configuratlon of the Park and the
Open Space.
E The C~ty has compl~ed w~th all procedures required by
Call::o:::-::.:.a Government Code Sect~ons 65864, et seq., and Santa
W2~~ca V~n2c~pal Code Sections 9800, et seq., regarding the
p:::-ccesslng of the Appl).cat~on to Amend the Amended Development
AgreeMen<: Th~s Fourth Amendment shall take effect upon the
e:rectlve da~e of the ord~nance adopted by the City approv~ng thlS
F8J:::-=~ Arrendment ("Effective Date")
:: ThlS Fourth Amendment ~s 1ntended to implement and
sat.~s:y the applicable prov1sions of that certa~n Settlement
Agreemen~ and Mutual Release dated as of May 3, 1995, between the
Clty and Tenet.
NOW THEREFORE, the C~ty and Tenet hereby agree as follows:
AgR~!MgH.I
1. Payment of Parks and Recreation Fee to the City.
1 (a} Within five (5) days following the Effective Date,
Tenet shall pay the sum of Seven Hundred Twenty-F~ve Thousand
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Dollars ($725,000) to the City ("Parks and Recreation Peen). The
City shall use and expend the Parks and Recreation Fee for park
acqul.sitl.on benefiting the Pico Neighborhood and the Mid-Citl.es
Neighborhood.
1 (b) For purposes of this Paragraph 1, the following
definitl.ons shall apply:
1(b) (i) "Pico Neighborhood" means that portion
of the City of Santa Monica bounded by L~ncoln Boulevard on the
west, Centl.nela Avenue on the east, Santa Monica Boulevard (west of
20th Street) and Colorado Avenue (east of 20th Street) on the north
and Pl.CO Boulevard on the south.
1 (b) (ii) "Mid-Cities Neighborhood" means that
portion of the City of Santa Monica bounded by Lincoln Boulevard on
the west, Centinela Avenue on the east, Santa Monica Boulevard
(west of 20th Street) and Colorado Avenue (east of 20th Street) on
the south, and Washl.ngton Avenue on the north.
2. Community Space. payment of the Parks and Recreation Fee
shall be ln full satisfaction of any and all obligations of Tenet
or any successor under the Amended Development Agreement to operate
and malntaln the Community Space on the SubJect property.
Paragraph 7 of the Amended Development Agreement and any other
provislons of the Amended Development Agreement related to the
Ccmmunlty Space are hereby deleted in their entlrety. Tenet and
any successor shall have the right to util~ze the space previously
deslgnated as the Community Space for one or both of the following
pu~poses' (a) off~ce and commercial related uses; and (b) ch~ld
day care center use
j . Desiqnation of Park and Open Space. Notwithstanding any
des~~lFtl8n of the square footage, size, locatlon or configuratlon
0: Pa~< and Open Space or any map or drawl.ng depl.ct~ng or
des~g~atl~g such elements in the Amended Development Agreement or
ar.y eX~lDl~ thereto, the Clty and Tenet mutually agree that:
3(a) The Park and the Open Space WhlCh ~s in existence
on June 6, 1995, shall constitute the entire obllgation of Tenet
t;.nder the Amended Development Agreement to provlde "parkll or "Open
Space"
3(b) The Park cons~sts of approximately 7,~94 square
::eet, as shown on the map attached on Exhlblt liB" to this Fourth
Ar'"'Lendment ("Park and Open Space Map II ) . The Park shall not be
reduced In size or reconfl.gured by Tenet. The Open Space consists
of approxlmately 4,224 square feet, as shown on the Park and Open
Space Map. The Open Space shall not be reduced 1n size, but may be
reconflgured by Tenet wlth the prlor written approval of the City'S
Zon~ng Admlnistrator and the Cl.ty's Director of Communlty &
Cultural Servlces.
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3(c) The Park and Open Space Map supersedes any other
drawing or map of the Park or the Open Space conta~ned in, or
attached to, the Amended Development Agreement, including, without
lim~tat~on, Exhibit lIau to the Fl.rst Amendment.
4. Status of Development Aqreement. Except as amended by
this Fourth Amendment, the Amended Development Agreement shall
remain in full force and effect in accordance with its terms and
cond~tions. Notwl.thstandl.ng the foregol.ng, in the event of any
inconsistency between this Fourth Amendment and the Amended
Development Agreement, the applicable provisl.ons of this Fourth
Amendment shall govern.
5. Recordinq. The parties hereto shall cause the Third
Amendment and thl.s Fourth Amendment to be recorded in the Offl.cl.al
Records of the County of Los Angeles. The cost, l.f any, of
recording this Fourth Amendment shall be borne by Tenet.
6. Exhibits. All exhibl.ts attached hereto and/or referred
to 1.n this Fourth Amendment are incorporated herel.D as though set
fo::-th 1.n full.
IN WITNESS WHEREOF, the partl.es hereto have duly executed this
Fou~t~ Amendment as of the day and year first written above.
nCITyn
CITY OF SANTA MONICA
By:
JOHN JALILI
C~_ty Manager
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A??ROV~D AS TO FORM:
V~~~SHA JONES MOUTRIE
Cl.ty A:.torney
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"TENET II
TENET HEALTHCARE CORPORATION I
a Nevada corporation
By:
Print Name:
Its:
SAAMDG27 736
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EXHIBIT trAil
LEGAL DESCRIPTION
PARCEL A:
.
A portion of lot 1, in Block 200 of Santa Honica, in the City
of Santa Monica, as per map recorded in Book 39, Page 45 et
seq., of Miscellaneous Records, in the office of the County
Recorder of sald County, described as follows:
Beginning at the most Norterly corner of the land described in
deed to John Byers recorded in Book 1630, Page 83, Officlal
Records, in the office of the County Recorder of said County,
sald most Northerly corner belng in the Southeaster 1y line of
Colorado Avenue, distant thereon North 450 37' East 280 feet
from the most ~'lesterly corner of Parcel 16 as shown on map
designated Exhibit "C" filed in connection with Case No.
B-25296. Superior Court of said County; thence along said
~ Color-ado Avenue, North 450 37 I East 159.20 feet, more or less
to the most Northerly corner of said Lot Ii thence
Southeasterly along the Northeasterly line of said Lot 1, 150
feet, thence Southwesterly parallel wlth the Southeasterly line
of sa~d Colorado Avenue a distance of 159.20 feet more or less
to the most Easterly corner of said land by Byers North 440 231
West 150 feet to the pOInt of begInnIng.
S:<C:::?T FROL'l all mineral, oil, petroleum and other hydrocarbon
substances, in, on, within and under that portion of saId lands
1:; Ing more than 500 feet belcw the sur face of sald lands and
eve=y part thereof, but wlthout rlght of entry, as reserved by
Ir'Jlng Bernsteln and Mildred Bernstein, husband and wlfe, in
~eed recorded March 29, 1963 as Instrument No. 1547.
Pt.,?C~L B:
A per t J.on of Lot 2, in Block 200 of Santa Non ica, in the Ci ty
of Santa Monica, as per map recorded in Book 39, Page 4S et
seq., 0 f Miscellaneous Record s, in the off ice of the County
Reco:der of saId County, descrIbed as follows:
BegInn1ng at the most Westerly corner of Lot 2, said corner
being 1n the Southeasterly line of Colorado Avenue, 80 feet
W lde; thence along said Southeaster 1y line Nor th 4S 0 37' 00"
East 340.00 feet to the most Northerly corner of sald Lot 2;
::'~.ence Southeasterly and along the Northeasterly line of saId
Lot 2 150.00 feet; thence Southwesterly parallel with said
Southeasterly line of Colorado Avenue 340.00 feet to the
Southwesterly line of sald Lot 2i thence North\vesterly along
sald Southwesterly line of sald Lot 2, 150.00 feet to the point
of beg1nnlng.
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EXCEPT FRO~~ all mineral, oil, petroleum ana ot~e::: hidrocar::c:1
s~bstances~ in, on, within and under that portion of said lanes
lying more than 500 feet below the surface of said lands a!:c
everv ~art the~eof, but without right of entry, as rese~ved by
Irv i"i1g . Berns te in ana Mllored Berns teln, husband and wIfe, 1.n
deed recorded March 29, 1963 as Instrument No. 1547.
PARCEL C:
.
A portlon of Lot 3, in Block 200 of Santa Monlca, In the C:ty
of Santa Monlca, as p~r map recorded 1n Book 39, pag e 45 et
seq., of Miscellaneous Records of the County Recorder of said
County, described as follows:
Beg inning at the most Wester 1y corner of Lot 3, said corner
beIng in the Southeasterly line of Colorado Avenue, 80 feet
WIde; thence along saId Southeasterly line North 45037' 00"
East 310.00 feet more or less to the Southwesterly Ilne of the
~ortheaster1y 30 feet of sald Lot 3; the~ce Southeasterly alo~g
sal.e Soutbwesterly line 150.00 feet; thence Southwesterly and
par all-e 1 with sa~d Southeaster 1y line of COlorado Avenue, a
c.ls~ance of 310.00 f,=et to the Southwesterly line of sale Lot
.); t::.ence Nor thwester ly along sa 1d Southwesterly line of sald
La: 2, 150.00 feet to the pOlnt of beglnnlng.
Z:<C:::?T THEREFROH that portIon of said Lot lY1ng wi thln Stewart
S:=eet as prov1ded for in flnal order of condemnatlon 1n favor
c: the C~ty of Santa Monlca, a munlclpal corporatlon, said
o::::e= t.e::..ng =lled Octo.:Jer 3, 1975 and recorded OctoDer 7, 1975
as :~s:r~~ent No. 3451.
;, :S~ :::XCEPT F?C:-l all mlner aI, oil, petroleum and other
~:::::::::::::a::~o:1 substances, 1n, on, Wlt~ll::' and under t~at portion
c.: sal C la:1ds 111ng more than 500 feet be 10'."" the su: ::ace 0 f.
~~:~ ~anos and every part thereof, but without rlght of entry,
as rese::-ved by Irvlng Bernstein and M1lored Bernsteln, husband
Co"":: wIfe, In deed recorced March 29, 1963 as Instrument No.
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P;'?:::::S D:
La': 1 of Tract No. 25003, In the Ci ty of Santa Honlca, as per
i2.D recorded In Book 816, Pages 79 and 80 of ~1aps I in the
C:::~e of the County Recorder of saId County.
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Mayor
State of CalIfornia )
County of Los Angeles ) 58
CIty of Santa MOnIca )
I, Mana M Stewart, CIty Clerk of the CIty of Santa MOnIca, do hereby certIfy that the foregomg
OrdInance No 1816 (CCS) had Its fIrst readmg on September 12_ 1995 and had Its second
readmg on Se!ltembef 26_ 1995 and was passed by the folloWIng vote
Ayes
Council members
Abdo, Ebner, Greenberg, Holbrook, O'Connor, Rosenstem
Noes
CouncIl members
Genser
Abstalll
CouncIl members
None
Absent
CouncIl members
None
ATTEST
'----~~ ~
CIty Clerk -
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PROOF OF PUt'CATION
(2015.5 C.C.P')
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-entltled matter. I
am the principal clerk of the printer of the
....................................................
THE OUTLOOK
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a newspaper of general circulation, printed
and published .:Q~.I.ftX.f;~~t:.IT.~JlIH?AX.
in the City of .aM.TA.MQffJ(:;A............
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 ofJ~!'!.. .~~ 19 .~~.,
Case Number.. ~H.~J~.....i 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'
oct 13
....~...,.................~.........................
all In the year 19..~~.
I certify (or declare) under penalty of
penury that the foregoing Is true and
carred.
Dated at . ..~~~.1'~.~'.9.~l~!~\..... .... ~"""
Call MIa. this. .U..... .day of ..q~~.., 19 ~.t.
...... .. . ~Jl~........
flrll COlli.. of t"I.~I.~1I form m.y 1M IICUr" from:
CALIFORNIA NEWSPAPER SERVICE
BUREAU, INC.
Legal Advertising Clearing House
POBox 31
Los Angeles, CA 90053 Telephone 625-2541
Pl.... reQue" GEMER"''- Proof of publiutioll
wilen order1"' '".s torm
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This space is for the County CI.rk's Filing Stamp
Proof of Publication of
........~.........I...I............I.....I................
.................~...~...........................
EO lo.sl
CIty of Santa MOlUCa
Ord11l~ Number 1816 (CCS)
(City Council Senea)
AN ORDINANCE OF nil!; CITY COUNCIL OF THE CITY OF
SANTA MONICA AP'PaOVlNG 'fIlE 'PO\lllm AMENDMENt'
TO DEVELOPMENT AGREEMENT BETWEEN TENET
HEALmCARE CORPORATIONf A NEVADA CORPORATION,
AND THE CrrY OP BANTA MONICA
The follOWIng IS a summBry of Ordinance Number 1816 (CCS) prepared by t
Office of the City Attorney
OrdlnllJlCe Number 1816 (CCS) approves, and finds eonSlBtent With the CIty's Of;
era! Plan, the Fourth Amendment to Development Agreement between the CIty
Santa ManICS and Tenet Healthcare Corporation (formerly NatIOnal Med1cal Enb
prlses) With regard to the project at 2700 Colorado Avenue, Santa MOnica T
Amendment pI'OVl.des that Tenet Healthcare Corporation will. eatl8fy Its obhgatlOn
proVIde commUnIty IlplICe by paying to the CIty the sum of $725,000 (the uParb a
Recreation FeeN) The City will use these funds for park acquisition benefitting t
PIco and Mld-Clty Neighborhoods The Amendment also provldes that Tenet Heall
care Corporation has met its obhgatlon to pl'OVlde park and open space by provuh
7,194 squll1"e feet of park space and 4,224. BqUIU'e feet of open space
Ordmance Number 1816 (CCS) WIlS adopted on September 26, 1995, and sit
become effective 30 days from Its adoption
I, Mana M StewlU"t, City Clerk. do hereby certify that Ordmance Number 18
(eCS) had Its fll'St reading on September 12, 1995, and had Its second readmg
September 26, 1995, and was passed by the follo'il'lng vote
Ayes Council members Ahdo, Ebner, Greenberg, Holbrook, O'Qmnor,
Roeensteln.
Noes CoUDell membera Gensel'
Abstain CounCll members
Absent CoullCII members
/SIMARIA M STEWART
City Clerk
The full text of the above OrdInance 18 avallable upon request from the offICe of t
City Clerk, located at 1685 Malll Street. Room 102, Santa Monica. Phone {31
458-8211
Pub October 13. 1995