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O1830 e e CA:f:\atty\muni\laws\mhs\mthob city Council Meeting 11-14-95 santa Monica, California ORDINANCE NUMBER 1830 (CCS) (city Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING THE FIRST AMENDMENT TO AND RESTATEMENT OF DEVELOPMENT AGREEMENT BETWEEN MAGUIRE THOMAS PARTNERS DEVELOPMENT, 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 First Amendment to and Restatement of Development Agreement attached hereto as Exhibit nAn and incorporated herein by reference between Maguire Thomas Partners Development, 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 First Amendment to and Restatement of 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 Santa Monica finds that public necessity, public convenience, and general welfare require that any provision of the Santa Monica Municipal Code or appendices thereto 1 e e 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with the provisions of this Development Agreement, to the extent of such inconsistencies and no further, be repealed or modified to that extent necessary to make fully effecti ve the provisions of this Development Agreement Amendment.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inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.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 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 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 this ordinance, or a summary thereof 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: ~/J }wit fLu MARSHA ~~ES MODTRIE City Attot-ney 3 e e M~ Mayor State of CalIforma ) County of Los Angeles ) ss City of Santa MOllica ) I, Mana M Stewart, CIty Clerk of the CIty of Santa l\.1omca, do hereby certIfy that the foregomg Ordmance No 1830 (CCS) had Its first readmg on November 7. 1995 and had Its second readmg on November 14, 1995 and was passed by the followmg vote Ayes CouncIl members Abdo, Ebner, Greenberg, Holbrook, O'Connor, Rosenstem Noes CouncIl members Genser Abstam CouncIl members None Absent CouncIl members None ATTEST \.... \i~d~ 6Qn~~~ - I CIty Clerk , PROOF OF PUB&A TION (1015.5 C.C.P.l 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 maHer I am the principal clerk of the printer of the ,....6......................_....................... THE OUTLOOK .~. ~.~~~~~;;.;; .~; '~~~~~~I ~i;~~.I~tl~~: '~~i~;~ and published .J).~\J..X. ~~J~t:.~ .~~'H?hX. in the City of .M~:rA.M9JiJC^............ 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 Californla,underthedateofJ~',~? 19 .~!., Case Number ..~11.:nJ!.....; 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: NOV 21 ._........,....'..._........~.,.............~.~..... all in the year 19..~A I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at... ~~~.Th. F-.'.9.~.I~~..... ... ~ ~ ~~.. ... . 21 d f NOV 19 95 . this.......... .ay 0'1./.... ..... "" Signai';':.' f.1-.(l rf=" .........., The Oudool{ 1920 Colorado Ave I This space is for fh!oUnlY Clerk's Filing Slamp Proof of PubBcatlon of .....~~..A~~....~...'...4......,.......................... .......,..........~.I.........,........................... <if EO 11-162 CIty of Santa Mom<::a Ordmance Number 1830 fC'CS) (City Council Benesl AN ORDINANCE OF THE CITY COUNCIL OF THE CI1Y OF SANTA MONICA APPROVING THE FJRST AMENDMENT TO AND RESTATEMENT OF DEVELOPMENT AGREEMENT BETWEEN MAGUlRE THOMAS PARTNERS DEVEWPl\fENT, A CALIFORNIA LIMITED PARTNERSHIP, AND THE CITY OF SANTA MONICA The followmg III a summary of Ordmance Number 1830 eces) prepared by tl:!.!. Offi<:e Qf the CIty Atwrney Ordmance Number 1830 WCS) approves the Flrst Amendment to and Restatement of the Development Agreement between MaguIre Thomas Partners Devel<lJlment and. the CIty of Santa MotuCll., whIch reqUire the developer to Qbtam a buIldmg permIt by; December 31, 1999, and a certificate of ocr.up!ln~'Y by December 31, 2001, clarify 1:l!r- ' tam sectIons of the Agreement to reflect current condItions, and add other requlre-' menta Ordmance Number 1830 eees) was adopted on November 14, 1995, and shall. become effectIve 30 days from Its adoptIon 1. Mana M Stewart, CIty Clerk, do hereby certify that OrdInance Number 1830, (CCSl had Its first reading on November 7 1995, and had Its second reading on. November 14, 1995, and was passed by the followmg vote . Ayes CounCIl members Abdo, Ebner, Greenberg, Holbrook, O'Connor. ' Rosenstem Noes CounCIl members Censer AbstaIn CounCIl members Absent CounCIl members ...' , ' . I~~ . !,tl ....t.... I'SIMARIA M STEWART CIty Clerk , The full text of the above OrdInIlDCe 15 aVailable upon request from the office of the' CIty Clerk, located at 1685 MaID Street, Room 102, Santa MonIca phone (3101~ 458-8211 Pub November 21. 1995 :-.~I - -. --............