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SR-8-C (64) 8C CA:f:atty\muni\strpts\mhs\mthob city council Meeting 11-14-95 Santa Monica, California NOV fit 1995 TO: Mayor and City Council FROM: City Attorney SUBJECT: 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 INTRODUCTION At its meeting on November 14, 1995, the City council introduced for first reading an ordinance approving the First Amendment to and Restatement of Development Agreement between Maguire Thomas Partners Development and the City of Santa Monica. The ordinance is now presented to the City Council for adoption. RECOMMENDATION It is respectfully recommended that the accompanying ordinance be adopted. PREPARED BY: Marsha Jones Moutrie, City Attorney Mary Strobel, Deputy city Attorney 8C NOV '" 1995 j- 4 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 "An 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 -~ . 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with the provisions of this Development Agreement, to the extent of such inconsistencies and no further, be repealed or modified to that extent necessary to make fully effective the provisions of this Development Agreement Amendment.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 ~. 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 S1l1nm~ry 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...&JLj~V--ft }U.iU f'~LA- MARSHA JO~ES MOUTRIE city Attorney 3 -~ /J~ Mayor State of CalIforma ) County of Los Angeles ) S5 CIty of Santa MOllIca ) I, Mana M Stewart. CIty Clerk of the CIty of Santa MOllIca, 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, Rosenstelll Noes Councll members Genser Abstam CounCIl members None Absent CounCIl members None ATTEST \.....- \ 1 ~ ~~ CIty Crerk ~