SR-6-C (71)
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CA:RMM:moxbon2/hpc/pc SEP 2 9 1992
city council Meeting 9-29-92 Santa Monica, California
STAFF REPORT
TO: Mayor and City council
FROM: city Attorney
SUBJECT: Ordinance Pertaining to Approval of Leases
Necessary for Bond Financings
At its meeting on September 22, 1992, the city council
introduced for first reading an ordinance pertaining to approval
of leases necessary for bond financings. The ordinance ~s now
presented to the City Council for adoption.
RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be adopted.
PREPARED BY: Joseph Lawrence, Acting City Attorney
Linda A. Moxon, Deputy city Attorney
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CA:RMM:jld748/hpcal/pc
city council Meeting 9-29=92 Santa Monl.ca, California
ORDINANCE NUMBER 1647{CCS)
(City council Series)
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AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA, CALIFORNIA, APPROVING
CERTAIN LEASE AGREEMENTS
WHEREAS, the Redevelopment Agency of the city of Santa
Monl.ca (the II Agency") owns a certa1.n site (the "Redevelopment
Agency Site" ) within its Downtown Redevelopment Project which lt
currently leases to the City of Santa Monica (the "City") for use
as a public parking facllity (the "Existl.ng Lease"); and
WHEREAS, the Agency proposes to amend and restate the
EX1.sting Lease, or, alternatively, to lease the Site to the City
for use as a public facility for a term not to exceed 35 years
pursuant to a new lease agreement (the "Redevelopment Lease");
and
WHEREAS, the Parking Authority of the Clty of Santa Monica
(the "Authority") owns certain sltes located l.n the c~ty of Santa
Monica (the "Parking Authority Sites") and proposes to lease the
Parking Authority sites to the Cl.ty for use as publ1.c parking
facilities for a term not to exceed 35 years pursuant to a
separate lease agreement (the "Park1.ng Lease") ; and
WHEREAS, Article 9, Chapter 5, Part 1, Div1.sion 2, Title 5
(commenclng with section 54240) of the California Government Code
requires that prl.or to entering into the amended and restated
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EXlsting Lease or the Redevelopment Lease and the Parking Lease
(collectively, the "Leases") , the City must approve the act of
entering into a formal lease agreement with the Agency and the
Authority, respectively, by ordinance which shall be subject to
the provisions for referendum applicable to the City,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
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MONICA DOES ORDAIN AS FOLLOWS:
SECTION 1. This council hereby approves (1) the act of
entering into a formal lease agreement (including an amendment
and restatement of the Existing Lease) \-11 th the Agency, provlded
that the amount of annual base rent payable by the city
thereunder shall not exceed $1,194,100, and (2) the act of
entering into a formal lease agreement with the Authority,
provided that the amount of annual base rental payable by the
City thereunder shall not exceed $1,181,200.
SECTION 2. Any provis~on of the Santa Monica Municipal
Code or appendices thereto 1nconsistent with the provisions of
this Ordinance, to the extent of such inconsistencies and no
further, are hereby repealed or mod1fied to that extent necessary
to affect the provisions of th1s Ordinance.
SECTION 3. If any section, subsection, sentence, clause,
or phrase of this Ordinance 1.5 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
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declared invalid or unconstitutional ','1'1 thout regard to whether
any portion of the Ordinance would be subsequently declared
invalid or unconstitutional.
SECTION 4. The Mayor shall sign and the City Clerk shall
attest to the passage of this Ordinance. The city Clerk shall
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cause the same to be published once ~n the newspaper
within 15 days after its adoption. Thl.s Ordinance shall become
effective after 30 days from its adoption.
APPROVED AS TO FORM:
ROBERT M. MYERS
City Attorney
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Adopted and approved th~s 29th day of september, 1992.
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I hereby certify that the foregoing Ordinance No. 1647(CCS)
was duly and regularly introduced at a meeting of the city
Council on the 22nd day of September 1992 : that the said
Ordinance was thereafter duly adopted at a meeting of the city
Council on the 29th day of September 1992 by the following
Council vote:
Ayes: Councilmembers: Abdo, Genser, Katz, Olsen,
Vazquez, Zane
Noes: Councilmembers: None
Abstain: Councilmembers: None
Absent: Councilmernbers: Holbrook
ATTEST:
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~ City Clerk
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