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O2248CA: f\atty\ m u n i\ I aws\ L a n t a n a E a st DAA m e n d 0 rd 2 d City Council Meeting 2-26-08 Santa Monica, California 2248 ORDINANCE NUMBER (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, A MUNICIPAL CORPORATION, AND MAGUIRE PROPERTIES-3030 OLYMPIC, LLC, A DELAWARE LIMITED LIABILITY COMPANY FOR LANTANA EAST THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The Development Agreement Amendment attached hereto as Exhibit 1 and incorporated herein by reference between the City of Santa Monica, a municipal corporation, and Maguire Properties -3030 Olympic, LLC, a Delaware limited liability company for Lantana East 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 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with the provisions of this Development Agreement, to the extent of such inconsistencies and no further, be repealed or 1 modified to that extent necessary to make fully effective the provisions of this Development Agreement.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inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.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. 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 z 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 JOIVE: City Attorney r' i^ ' f ~l ~,~ 7 MOk'1TRIE i Approved and adopted this 26th day of February, 2008. State of California ) County of Los Angeles) ss. City of Santa Monica ) Katz, I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 2248 (CCS) had its introduction on February 12, 2008, and was adopted at the Santa Monica City Council meeting held on February 26th, 2008, by the following vote: Ayes: Council members: Genser, Holbrook, McKeown, O'Connor, Shriver Mayor Pro Tem Bloom, Mayor Katz Noes: Council members: None Abstain: Council members: None Absent: Council members: None A summary of Ordinance No. 2248 (CCS) was duly published pursuant to California Government Code Section 40806. ATTEST: -~~ t ~- Maria M. Stewart, City Clerk