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City Council Meeting 11-25-97 Santa Monica, Cal~forn~a
ORDINANCE NUMBER 1841 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA
APPROVING THE DEVELOPMENT AGREEMENT AMENDMENT BETWEEN
THE CITY OF SANTA MONICA AND TRANSACTION FINANCIAL
CORPORATION, A CALIFORNIA CORPORATION, THREE GOAST
LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP,
STEVEN H SWERE, FREDERICK A FUCHS, AND BARBARA M FUCHS
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN A5
FOLLOWS
SECTION 1 The Development Agreement Amendment attached hereto as Exhibit
"1"and mcorpora#ed herein by reference between the Caty of Santa Monica, a municipal
corporatton, and Transaction Financial Corporation, a California corporation, Three Coast
Lrmited Partnership, a Delaware I~m~ted partnership, Steven H Swire, Frederick A Fuchs,
and Barbara M Fuchs is hereby approved
SECTION 2 Each and every term and condition of the Development Agreement
Amendment approved ~n Section '! of #his Ordinance shall be and vs 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 pravESion of the San#a Monica Mun~apa[ Code or appendices thereto
inconsistent with the provisions of this Development Agreement, to the extent of such
ineonsistencaes and no further, be repealed or modified to that extent necessary to make
fully effective the provisions of this Development Agreemenk Amendment
SECTION 3 Any provision of the Santa Monica Mun~c~pal 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inconsistencies and no further, are hereby repealed or modified to that extent necessary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 mvalEd or unconstitutional by a decision of any court
of any competent lunsdiction, 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 mvaiEd or unconstitutional
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
MARSHA JO S MOUTRIE
City Attorney
2
~~"~ /~ -
Robert Holbrook, Mayor Pro Tem
State of California )
County of Los Angeles) ss
City of Santa Monica }
I, Mama M Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Ordinance No 1891 (CCS) had its first reading on November i 1. 1997, and had tts
second reading on November 25, X997 and was passed by the following vote
Ayes Council members
Naes Council members
Abstain Council members
Absent Council members
Ebner, Feinstein, Genser, Greenberg, Holbrook,
Rosenstein
None
None
O'Connor
ATTEST
~_.
Maria M Stewart, City Clerk
EXHIBIT 1
RECORDptG REWESTED BY
AND YYNEN RECORDED MA1l TO:
Kenneth L. Katcher
LAWRENCE 8 HARDING
X250 Sixth Street, Suite 3~
Santa Monica, CA 90401
Above This Line For Recorder's Uae
AMENDMENT NUMBER THREE
TO DEVELOPMENT AGREEMENT
THIS AMENDMENT NtA'SSER THItEE TO DEVELOPMBNT AGRESMfiNT ( "Third
Amendment") is entered into ae of this day of 1997
(°Effective Date"), by and between THE CITY OF SANTA MONICA, a municipal
corporation organized and existing pursuant to the laws of the State of
California and the Charter of the City of Santa Monica ("City"), and
TRANSACTION FINANCIAL CORPORATION, a California corporation, THREE COAST
LIMITED PARTNERSHIP, a Delaware limited partnership, STEVEN H. SWIRE,
FREDERICK A. FUCHS and BARBARA M. FUCHS, (collectively "ADP") with reference
to the following facts:
A. ADP is the owner of that certain real property ("Undeveloped
Property") located in the City of Santa Monica,. State of California, which
is more particularly described in srhib;t "A" to thin Third Amendment.
Exhibit A is hereby incorporated by reference herein.
B. The City and a prior owner of the Undeveloped Property
entered into a Development Agreement dated as of December 16, 1987
("Original Development Agreement"), relating to certain real property
including the Undeveloped Property, pursuant to California Government Code
Sections 65864, et aea.,.and Santa Monica Municipal Code Sections 9800, gt
geg. (now known as Chapter 9.48). The Original Development Agreement was
recorded on December 17, 1987, in the Official Records of the Los Angeles
County Recorder's Office as Instrument 67-1996737.
C. The Original Development Agreement has been amended,
modified or clarified by the following documents:
(1) Memorandum of Clarification dated as of December 16,
1987 ("First Memorandum");
(2) Second Memorandum of Clarification dated as of
December 16, 1987 ("Second Memorandum");
(3) Amendment Number One to Development Agreement dated as
of December 28, 1988 ("First Amendment"), which wan recorded on January 5,
1989, is the Official Records of the Los Angeles County Recorder's Office.as
Instrument Number 89-15234; and
(4} Amendment Number Two to Development Agreement dated as
of March 16, 1995 ("Second Amendment"), which was recorded on April 11,
1995, in the Official Records of the Los Angeles County Recorder's Office as
Instrument Number 95-504419. (The Original Development Agreement, as
clarified by the First Memorandum and the Second Memorandum and as amended,
and modified by the First Amendment and Aecond Amendment, is hereinafter
sometimes referred to as the "Development Agreement.")
D. An application has been submitted to the City's Department
of Planning- and Community Development for review- and approval of a
Multifamily Residential Housing project and certain ground floor commercial
uses on the Undeveloped Property in accordance with the Development
agreement .
E. The purpose of this Third Amendment is to provide that the
limitation in the Development Agreement on the maximum number of floors
which may be developed on the- Undeveloped Property applies only to
commercial development and not to Multifamily Residential Housing
d~vel~pnen*_ ~r ~?~ove-grade r eking; prcvid~d those ~t~tct~+ran c4~ly with
the applicable limits on Building Height, Building volume Envelope, ~`loor
Area, and Floor Area Ratio. This Third Amendment does not is any way alter
the Building Height, Building Volume Envelope, Floor Area or Floor Area
Ratio limits established in the Development Agreement.
F. Santa Monica Number Seven Associates, L.P., a Delaware
limited partnership ("SMNSA^), is the owner of certain real property ("SMNSA
Property") which is located near the Undeveloped Property. The SMNSA
Property was developed pursuant to the Original Development Agreement.
G. A copy of this Third Amendment has been submitted to SMNSA
in accordance with the procedure eet forth is the Development Agreement for
amendments. This Third Amendment does not require the written consent of
SMNSA.
NOW, THEREFORE, the parties hereto do hereby agree that the
Development Agreement shall be further amended in the following respects:
1. The number of allowable stories in above-grade parking
garages and in Multifamily Residential Housing projects which have no
commercial uses above the ground floor shall not be limited; provided,
however, .that the structures otherwise comply- with 'all other property
development standards in the Development Agreement including, without
limitation, Building Height, Building Volume Envelope, Site Coverage, Floor
Area,.and Floor Area Ratio limitations.
2. The capitalized terms that are used in this Third Amendment
that are specifically defined in this Third Amendment shall be defined as
set forth in this Third Amendment. Capitalized terms that are not defined
in this Third. Amendment shall be defined in the same manner as they were
defined in the Development Agreement. Terms used in this Third Amendment
which are not defined herein or in the Development Agreement, but are
defined in the City's Zoning Ordinance on the date hereof shall have the
meanings given those terms in such version of the Zoniag Ordinance.
3. Except as amended by this Third Amendment, the Development
Agreement shall remain in full force and effect in accordance with its terms
and conditions. Notwithstanding the foregoing, in the event of any
inconsistency between this Third Amendment and the Development Agreement,
the applicable provisions of this Third Amendment shall govern as to the
Undeveloped Property, but the applicable provisions of the Development.
Agreement without regard to this Second Amendment shall govern as to the
remainder of the site covered by the Development Agreement.
-2-
- 4. The parties hereto shall cause this Third Amendment to be
recorded in -the Official Records of the Los Angeles County Recorder s
Office. The coat, if any, of recording this Third Amendment shall be born
by. ADP.
IN WITNESS WHEREOF, the parties hereto have duly executed this
agreement as of the date and year first written above.
CITY OF SANTA MONICA,
a municipal corporation
By:
John Jalili
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
Marsha Jones Moutrie
City Attorney
TRANSACTION FYNANCIAL
CORPORATION
A California corporation
By:
Robert Bisno
Its: Chief Executive Officer
THREE COAST LIMITED PARTNERSHIP
A Delaware limited pastnerahip
By: GREECE, INC.
Its: General Partner
By:
William W. Hammerstein
its: President
STEPHEN H. SWIRE
FREDERICK A. FUCHS
71da2a31.tet
BARBARA M. FUCHS
-3-
EXHIBIT a
Portal A:
Lot 4 of Tcaa No. 49694, la the Ctty of Santa Monies, County of Los Angeles, State of
Califoava, as shown on map recorded in Eook 1175, pages 37 to 40, inclusive, of Maps,
in the office Of the County Raorder of said County
Except Therefrom: that portion thereof which lies Southwesterly of a line which is parallel
with the Southwesterly floe of I.ot 6 of said Tract No. 49ti4t and Iles distant Noah 45
degrees IS minutes 00 seconds East 208.19 feet along the Northwesterly Ilnc a of Lora 6
cad 4 from the most Westctly coma of said Lot 6.
Said land is shown as Parcel A on Waiver of Patt:el Map No. WPM96-01, tt:corded under
Certificate of Compliance, recorded Apri14, 1997 as lnserttmeru No. 97.512250, Ofi'iclal
Records.
Panel B:
Lot 5 of Tract No. 49694, in rite City of Santa Monica, County of Los Angeles, State of
California, as shown on map recorded is Book t t75, Pages 37 to 40, inelustve, of Maps,
in the office of the County Recorder of said Couary
Percept Therefrom; that portion thereof whieb Iles Southweaterty of a line which is parallel
with the Southwesterly line of La 6 of said Tract No. 49694 end lies distant North 45
degrees IS mftartes t10 seconds East 208.19 feet along the Northwesterly Iioe s of Lots 6
and 4 of said Tract x9694, froth the most Westerly corner of said Lot 6.
Said land is shown as parcel B on Waiver of Parcel Map No. WPM96-01, recorded under
Cerdficnte of Compllattce, recorded April 4, 1997 as lnstruratatt No. 97-512250, Official
Records.
PARCEL C:
T1mae Patinas of Lots 2 and 3 of Tract No. 49694, is the City of Salsa Monica, County of
Los Angeles, State of California, as shown on map morded in Book 1175, Pages 37 to 40
iaeltuive of Maps, in the office of the County Records of said County, described as
follows:
Beginning at a point in the Nortiteastecly lint of said Lot 1 tttstant South 44° 43' S0" East
thereon 179.63 feet float the Northwesterly tettaimu the:zof; theaee along a line, which is
parallal with that certain course shown as having a beating and leegth of North 45° 15' 00'
East 206.24 feet In the Northwesterly Iiru of said Lot 1, South 45° 15' 00" West 206.12
feet thence along a line, which is parallel with that certaip coarse shown as havhtg a
CLTA I'nlh~dauy ttepoet Pone IRn~. 1-IA!)
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310 458 1959 P.03/03
bearing and length of North 44° 45' 00" Wcst 310.45 feet In the Southwesterly Iine of said
Lot 1, Notch 44° 45' OD" West J0.46 feet; theoce alortE s line which Is parallel with that
certain course shown es having a bearing and length of Notch 45° 15' 00" Fast 280.43 feet
in the Northwesterly line of said Lot 2, South 45° 1S' 00" West 188.27 feet to a line ahieh
is parallel with the Southwesterly line of said Lot 2 and which passes tluottgh a point in the
Southeasterly line of said Lot 2 distant Northeasterly thettton 149.04 feet from the roost
Southerly corner of said Lot 2, said point being the TRUE POINT OF BEGINNENO for
this description; thence along said last mcntlotted parallel llae, South 44.43' 00" Jsst
85.28 feet to a point therein which lies South 44° 4S' 00' Fast thereon 85.28 feet front said
Northwesterly terminus of a straight Jine; thence along a line which is para!!e! with the
Northwesterly tlne of geld Lot 3, South 45° 15' 00" west 36.00 feet; thence along a line
which is parslle! with the Southwesterly Jitte of said Lot 3, Stttah 44° 45' 00" East 190.47
felt to a polio in a curve concave Southeasterly and having a radius of 905.00 feet in the
Southeasterly line of said Lot 3; tt>tttCe Southwesterly along said curve through a tzasral
angle of 3 ° 36' 22" an arc distance of 56.96 feet to a point !a a curve concave
Southeasterly and having a radius of 11,703.40 feet in the Sotttheatedy Iitm of said Lot 3:
thence Southwesterly atastg said last tttenrioneti curve through a central angle of 00. 17'
09" en arc distance of 58.39 feet to the most Southerly corner of said Lot 3; thence along
the Southwesterly line of said Lot 3, North 44° 45' 00" West 232.00 foci to the
Southeasterly corner of said Lot 2, thence North 44. 4S' 00" West atottg the Southwesteriy
Utte of Lot 2, 233.34 feet the the most Westerly corner of said last taetniotted lot: thence
along the Northwesterly line of said Lot 2, North 45° 1S' 00" Fast 149.04 feet to a point,
said point bean NoNt 44 degrees 45 minutes 00 seconds West (rota tIte Thu point of
Heginniog;thettce South 44 degrees 45 minutes 00 seconds East 199.94 feet.the the True
Point of &gitwing.
Said land !s shown as Pattxl E on Certificate of compliance Lot Line AdJuata-em No.
97LOT003, City of Santa Monica, rewrded Tune I9, I997 as Ittsttument No. 97-916044,
Official Records.
1?xcept from a portion of said lnnd all oil, gas and mfnerais rights below a depth oP 500 feet
but without right of entry, as excepted in the deed from Barker Maaufactttring Compngy
mcorded February 11, 1986 as Itstrument No. 86-182160, Official Records.
CL7A Plelirtifcapy Repert Porto tAw. 1-1.95)
~~ 48
.,
TOTF~ P.03