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O1728 CA:BAR:atty\muni\laws\kilbane.ord City Council Meeting 2-22-94 Santa Monica, California ORDINANCE NUMBER 1728 (city Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING THE DEVELOPMENT AGREEMENT BETWEEN JOHN B. KILBANE & ASSOCIATES, INC. AND MYRON L. NATHAN AND LORRAINE NATHAN AND THE CITY OF SANTA MONICA THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. The Development Agreement attached hereto as Exhibit "A" and incorporated herein by reference between John B. Kilbane & Associates, Inc. and Myron L. Nathan and Lorraine Nathan, (collectively, "Owner") on the one hand, and the City of Santa Monica, a municipal corporation, on the other hand, 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 Santa Monica finds that public necessity, public convenience, and 1 general welfare require that any provision of the Santa Monica 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with the provisions of this Development Agreement, to the extent of such inconsistencies and no further, be repealed or modified to that extent necessary to make fully effective the provisions of this Development Agreement. SECTION 3. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provision of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to give full force and effect to the provision of this Ordinance.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 competent jurisdiction, such decision shall not render invalid 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 this Ordinance would be subsequently declared invalid or unconstitutional. 2 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 become effective 30 days from its adoption. APPROVED AS TO FORM: 3 Adopted and approved this 22nd day of February, 1994. ~, t<Ji ). M r I hereby certify that the foregoing Ordinance No. 1728 (CCS) was duly and regularly introduced and adopted at a meeting of the City Council on the 22nd day of February, 1994 by the following Council vote: Ayes: Councilmembers: Abdo, Greenberg, Holbrook, Rosenstein, Vazquez Noes: Councilmembers: Genser, Olsen Abstain: Councilmembers: None Absent: Councilmembers: None ATTEST: /" (;:::. .f'~) /) / )/ , /" J"// //7 'I ~;;'7 ,1' 1:.;'. ;[.(,l.l it>I./t~--. "------" ...,~ '-~ - <; 7~--J ,/ .' C~ty Clerk