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CA:f:atty\muni~strpts\bar\munipool.2d G~~~~~~~-G~~fl~~~sy~8C'~C~S
City Council Meeting Z-12-99 Santa Monica, California
TO: Mayar and City Couneil
FROM: City Attorney
SUBJECT: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA APPROVING AMENDMENT NUMBER ONE TO THE DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF SANTA MONICA, A MUNICIPAL
CORPORATI~N, AND THE SANTA MONICA COMMUNITY COLLEGE
DISTRICT AND THE BOARD OF TRUSTEES OF THE SANTA MONICA
COMMLINITY COLLEGE DISTRIGT
INTRODUCTION
At its meeting on December 15, 1998, the City Council introduced
for first reading an r~rdinance of the City Council of the City of
Santa Monica approving Amendment Number One to the Deve].opmen't
Agreement between the City of Santa Manica, A Municipal
Corparation, and the Santa Monica Community College District and
the Baard of Trusteas of the Santa Monica Community College.
District. The ordinance is now presented to the City Council fox
adoptian.
RECOMMENDATION
It is respectfully recommended that the accampanying ordinance be
adopted.
PREPARED BY: Marsha Jones Moutrie~ City Attorney
Barry A. Rosenbaum, Senior Land Use Attorney
~
JAN 1 2 1999
CA:f:\atty\muni\laws~bar~smcc
City Council Meeting 1-12-99 Santa Monica, Califarnia
~RDINANCE NUMBER 1932 (CCS)
(City Counci~ Series}
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
APPROVING AMENDMENT NUMBER ONE T~ THE DEVELOPMENT AGREEMENT
BETWEEN THE CITY ~F SANTA MONICA, A MUNICIPAL CORPORATION,
AND THE SANTA MONICA COMMUNITY COLLEGE DISTRICT AN~ THE BDARD
OF TRUSTEES OF THE SANTA MONICA COMMUNITY COLLEGE DISTRICT
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
S£CTION 1. Amendment Number One to the Development Agreement
attached hereto as Exhibit "1" and incorparated herein lay reference
betwe~n the City of Santa Monica, a municipal corporation, and
the Santa Monica Community College District and the Board af
Trustees of the Santa Monica Community Col~ege D~.strict, is hereby
approved.
SECTION 2. Each and every term and condition of Amendment
Number One to the Development Agreement approved in Section 1 af
this Ordinance shall be and ~s made a part af the Santa Monica
Municipal Code and any append~ces 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 provzsions of Amendment Number One ta the Deve~apment
1
Agreement, to the extent of such inconsistencies and no further, be
repealed or modified to that extent neCessary to make fully
effective the provisidns of Amendment Number One to the Development
Agreement.
SECTI~N 3. Any provis~on of the 5anta Monica Municipal Code
or appendices thereto, inconsistent with the provisions af this
Ordinance, to the extent of such inconsistencies and no further,
are hereby repealed or modzfied to that extent necessary ta effect
the provisions af this Ordinance.
SECTION 4. If any sect~on, subsectian, sentence, clause~ or
phrase of this ordinance is far any r~ason held to be invalid or
uncanstitutional by a decision of any court of any competent
~urisdiction, such decis~on shall not affect the validity of the
xema~n~ng portians of this Ordinance. The ~ity Council hereby
declares that it would have passed this Ordinance, and each and
every sectlon, subsection, sentence~ clause, or phrase not declared
invalid or unconstitutional without regard to whether any portion
of the Ordinance would be subsequently d~c~ared inva~id ar
unconstitutional.
SECTI~N 5. The Mayor shall sign and the City Clerk shall
attest to the passaqe of this Ordinance. The City Clerk shall
cause the same to be published once in the offic~al newspaper
2
~
within 15 days after its adoptian. This Ordinance shall be
effective 30 days from its adopti~n.
APPROVED AS TO FORM:
/ ~~ ,
:',~~
:,
M~R HA JONE'S MOUTRIE
Cit Attorney
F:,ATTY~MUNT~LAWS~$ARRY~SMCC
3
State of Californta )
Count~- of Los Angeles ) ss
Giri~ af Santa Monica )
.
,
~~I t1 ~'`~~~~.
O' Cannor. MaS~ or
I. 'Vlana M~te~~-art. Cih~~ Clerk of the Crti~ of Santa ~1~Ionica, do hereb~~ certifi' that the foregoin~
Ordinance No 1932 {CCS) had ~ts first reading on December 15, 1998, and v~~as adopted on
Januar~- 12. 1999 b~~ the fol~ow~ng vote
Aves Council members Feinstefn. Genser. Holbroak, McKeo~m. O'Connar
l~oes Council members None
Abstain Council members None
?~bsent Council members Rasenste~n
ATTEST
~
_ ~ ~~xR~..9 cR.t~
Mar~a M Stewart. Crtv Cle~k
EXHIBIT 1
RECQRDING REQUESTED BY
AIv'D WHEN RECORI3ED MAIL TO
CITY OF SAIvTA i~~ONTCA
1685 Ma~n Street, Room 212
Santa Monica, CA 90401
Attentifln Planning Directar
Space Above Line For Recarders Use
\To Record~ng Fee Required
Governmen# Code Seet~on 27383
AMEI`'DMEIvT 1~'UMBER ONE TO
DE4rELOPMENT AGREEMENT
Th~s Amendment :vumber One to De~elopment A~reement ("First Amendment"), dated
for reference purposes January ~, 1999 ~s entered into by and between the CITY 4F SANTA
h~IQ~IICA, a mun~ci~al corpocation (here~nafter "C~ty") and the SANTA M~NICA
COl~~'iL~VITY COLLEGE DISTRICT and THE BOARD OF TRUSTEES OF SAl~TA
MO]~ICA CO~~'IL'~TITY COLLEGE DISTRICT (here~nafter referred to as the "Djstrict" and
the "Board of Trustees" respect«~ely), and ~s made v~~sth reference ta the following
REcrTaLs
A City and D~str~ct and Board of Trustees entered ~nto a Develo~ment Agreement dated
November 14, 1989 {"Or~gmal DeveIapment Agreement")
B The Or~g~nal De~elopment Agreement affects that certaun real property descnbed ~n
Exh~b~t "A," Nos 1 and 2, attached hereto
C Pursuant to the terms and condrtians of the Origmal Develvpment Agreement, the City
approved a pfan for the deveiapment of two (2} parksng structures now cornmflnly known as
"Parkin~ Structure A'~ and "Parkmg Structure C"
D Prior to the exeeut~on of the Or~gznal Development Agreement by the Crty, the City
Counc~l of the Cit~~ of Santa I~Ton~ca ("City Council") (1) duly adopted Ord~nance No 1502
(CCS) on November 14, 1989, approving the Origlnal Development Agreement, (2) authonzed
the City l~~anager to execute the Or~ginal Developtnent Agreement on behalf of ihe City, and (3)
certified the ortginal final Env~ranmental Impact Report on the Project
E Pursuant to t~e terms and canditions of the 4rig~nal Development Agreement, Parking
Structure A and Parkmg Structure C were de~eloped
F The part~es des~re to amend the Ort~inal Development Agreement to authonze the
replacement and relocation of the ~~un~c~pal Ppal currenti_y iocated an the campus of Santa
~Zonica College ("SMC"} in Santa l~ionica {"ll3un~c~pa~ Poo( Fac~Iity") ~iore specificaliy. the
parnes desire to amend Paragraph 2 relat~ng to the descnpt~on of the Property, Paragraph 3
relat~ng to the descrfption ofthe pro~ect, Paragraph 4 relating ta apgroved uses, Paragraph 5
relattn~ to the timmg of construction of the pro~ect, Para~raph 6 relat~ng to pro~ect m~tigat~on
2
measures, Paragraph 7 relatin~ to General Services Requirements, Paragraph 9 relating to effect
of agreement on land use regulations, Paragraph 1 S refating to notices, Exhib1t A relating to the
site legal descript~on, Exhib~t B relating ta landscap~ng requirernents; and Exhtb~t C relatmg to
public works requ~rements and to add Exhibit D relat~ng to pra~ect srte plans, access and
csrcula~~on plans and ele~ation plans, Exhiblt E relat~ng to project mitigation measures, Exhibit F
relatzn~ to Mumc~pal Pooi Facil~t~~ standard conditions, and E~cYiibit G wh~ch constitutes the
On~tnal Development Agreement without exh~b~ts
G The :Vlunicipal Pool Facil~tv wzll be develaped in the desi~nated open space set back for
Parking 5tructure C and tn Park~ng Lot 8 This First Arnendment relates only to that
development and does not otheru°ise change the ph~ sicaf development of Parking Structure A and
Parkin~ Structure C already approved by the City and consirueted by the Distnct
H Parking Lat 8 currently provides 96 surface level parking spaces This parking lot is
lacated on the s~te of former Parking Struct~re B Parking Structure B cons~sted of four levels
above-grade and conta~ned 374 parking spaces 7h~s park~n~ structure incurred significant
structural damage due ta the I~orthrid~e Earthquake and was subsequentiy demolished The City
supports the construction of a replacement parking structure on the SMC camgus wrthin the next
five }~ears wh~ch wauld contain a mimmum of 374 spaces The actual replacement park~ng
structure would be s~b~ect to City d~scretionary review and approval after a camplete
en~rronmental analysis has been conducted ~n accordance w~th the California Envzronmental
3
Qual~ty Act (Californ~a Public Resources Code Sect~on 2104D et seq ("CEQA") and City
standards
A Draft Environmental Impact Repart was prepared by Chnstopher A Jase~h &
Assoc~ates for the Crty w~th respect ta the amendments to the Developrnent Agreemeni contained
in th~s First Amendment and c~rculated for public comment, ail tn compliance with the Califorrua
Envlronmental Qualit_y Act (the "DEIR''} Commerns on the DEIR were received from members
of the publ~c and a final Em~ronmental Impact Report was prepared and dufy considered by the
5ar~ta Monica Planning CommFSSion in connection wzth its review af this F~rst Amenciment The
Cit~~ Council s~milarlv re~iewed and cons~dered the informat~on conta~ned in the final
En^ironmental Impact Report prior ta approv~ng th~s First Amen~ment
J The City has camplie~ w~th all procedures required by California Go4~ernment Code
Section 6586~ et se~c and Santa I~sonica l~•~unicspal Code Sect~ons 9 48 Ol0 et seq regarciing the
processing of this First Amendment, ~nclud~ng Santa ATomca Muntcipal Code Section 9 48 170
~~°hich authorizes amendment, m whole or in part, af existing de~elopment agreements, by, among
other things, completing the following
1 The Plamm~g Comrnission held a duly-noticed publ~c hearing on the F~rst
:~mendment on November 1 S, 1998 and made ~ts wntten recom~nendations to the City Counc~l in
accordance v~~ith Santa ll~fornca Municipal Cade Sectian 9 4$ 130
4
2 The Crty Council held a duly-noticed publ~c heanng on the First Amendment
Followmg complet~on of the publ~c heanng and cons~derat~on of the recommendat-on of the
Plannin~ Commiss~on, the C~ty Council adopted an ordinance approving the First Amendment and
authoriz~ng the Crty ~lanager to execute this A~reement
K tinless atherwzse provided, all terms used here~n shall have the same mean~n~ as in the
Or~ginal Development Agreement
L The pro~•~sior~s af th~s F~rst Amendment are cons~stent wrth the City's General Plan far
several reasons, ~nclud~ng, w~thout limitation, the following
(1) Land Use Elemern Ob~ective 1 1[improve the qual~ty of life for all residents by
providing a balance of land uses] encourages mak~ng Santa Manica a more child-friendly
environment by pro~iding recreat~onal facilities The I1~unicipal Pool Facilit_y prav~des both a
competition pool and a laree recreational pool to accommodate the communrty's ~dentified
aquatic needs
(2} Th~ Draft Open Space Element Polic}~ ? 2 encourages the expans~on of open space
through the shared use of certa~n fac-lities and Palicy 2~ encourages the improvement of school
s~tes as pubi~c open space T'he Municipal Paol Facilit_y expands and ~mproves upon the C-ty's
ex~stin~ pubi~c pool facilities by creat~n~ a new aquatic center on the SMC campus
S
ItiOVi', THEREFORE. ~n cans~deration of the covenants and conditions hereznafter set
forth, and for other good and valuable considerat~on, the receipt and suffic~ency af which are
hereby acknow~edged, the ~arties hereto ~fo hereby agr~e t~at the Ong~nal Development
Agreement shaIl be amended in the following respects, such amendrnents to be applicable as of the
Effective Date
1 Paragraph 2(Descnpt~on of Property} is hereby amended in fi~ll to read as follows
The Property described in Ex~ibit A consist~n~ of two (2} ~ots
commonly known as "Park~ng Structure A" and "Parking Structure
C" and the approximatelv 57,350 square faot parcel on the west
s~de of Santa'~~onica Colie~e upon which the Municipal Poal
Facil~tS~ w~ll be deveioped, bounded by Parkmg Structure A to the
nort~. the access road and Parking Structure C to the east, the
Facil~t~~ Ser~ices Department and athlet~c field to the south, and l6~'
Street to the wesi
2 Para~raph 3(Descnption of the Pro~ect). Subparagraph A af the Or~ginal Development
~~reement ~s herebv amended in full ta read as follows
A 7'v~~o Park~n~ Structt~res The Pro~ect tncludes all aspects of the proposed
deveiopment of the Propert_y u~~ith two (2} Parking Structures which are more
6
part~cularly descr~bed herein and zn E~ubit B, including the folivwing companents
1 Fark~ng Structure A, on the South side of Pico Boulevard between 16'~
Street and 17'h Street, contalning appro~mately 182,000 square feet of Fl~or Area
and pro~iding approx~mately 402 full size and 292 campact non-tandem park~ng
spaces The Parking Structure shail not exceed four leve~s and a Bu~lding Height
of 40 feet One level shall be at grade and the three athers shall be above grade
The structure shall utihze the exist~ng exrt on 16"' Street as a right tum only
2 Park~ng Structure C shall be constructed on the College Softball Fieid ~t shall
cantain approx~matejy 238,400 square feet ofFloor Area and prov~de approximately 485
full size and ~ 59 cotnpact non-tandem park~ng spaces The Parking Structure 5hall not
exceed five ~evels w~th one level of subterranean park~ng, one levei of at grade parktng,
and four levels of abo~e-~rade parking The Parking Structure shall not exceed a Building
Height of 38 feet This height limit shall not preclude t~e snstaliat~on of solar panels to
attain susta~nable goals for the municipal pool The Structure sha~l ha~e one entrance and
exit from 17'h Street at Pico Boule~~ard The structure shall have no ex~t onto 1 b~` Street
~ The Total Floor Area of the Parking Structures ciescnbed an Paragraphs 1 and 2
shall nat exceed 420,00 square feet
7
3 The follov4Ting Paragraph 3[Description of Pra~ect), Subpara~raph D~s hereby added
to the Or~g~nal Development
D Mumc~pal Pool Facil~ty
1 Pr~nctpal Components of Nfunicinal PaQ1 Facihtv The Mun~c~pai Poo~ Fac~l~ty shall be
constructed in the open space area that fronts 16`~ Street on the site of the former Parktng
Structure B, currently referred ta as Parkcn~ Lot S_ and on the site of the landscape area
located a~~acent to Parking Structure C and the 16'" Street curbl~ne Construct~on oft~e
pro~ect ~.~~ill consist of a 50 meter (164 feet} b_y 75 feet compet~tion ~ool, an approximately
96 feet b~~ 7~ feet ~nstructional and recreat~onal pool, an approxirnatel_y t,50~ square foot
pool equipment building, an approximatel~° 2,200 square foot pool storage and equipment
bu~ldin~ and an approx~matel}' 7,~OD square faot aquatic buildin~, wh~ch includes the
follow~ng uses pool locker rooms, lifeguard, poo! supervtsors, and registratjon offices, a
first aid room, a r•~ew~ng deck and stafflocker room, an ~nstr-.ict~onal/traimng room, and a
coach/campet~tor team office
2
Exh~brt D shows the location of the
mun~c~pa] pool and all related pool ~mprovernents In general terms, the competition pool
~~~ill be lacated to the west of Parktng Structure C on the southern part of the s~te The
~nstruct~onal and recreat~onal pool w~~l be located to the south of Parkzng Structure A on
the northern part of the s~te The aquat~c bu~ld~ng w~ll be located betwee~ the competit~on
and instructional and recreat~onal paols The paal storage and equipment areas w~ll be
S
placed in two separate locations on the pra~ect s~te as follows at the northeast corner of
the site, immediatel~ adjacent to Parking Str~cture A and to the south of the campetrt~on
pool near the southwest corner of Parl:ing Structure C The poai storage and equipment
areas w~ll consist of enclosed areas ~ounded hy fences, not to exceed 12 feet m he-ght
above existing ~rade and measureti at a cantinuum at every po~nt along the wall
3 Maximum Hei~ht of Munic~pa] Pooi Impro~~ements The max~mum he~ght of the
aquatic bu~lding wilI be 28 feet above avera~e natural grade ("Average Natural Grade"
shalI have the meaning set forth ~n Sa~ta l~•ion~ca Munic~pal Code Sect~on 9 44 02 030 3 50
which is ~n effect on the Effective Date of th~s First Amendment) The height of the pool
storage and equ~pment areas will not exceed I2 feet above average natural grac~e
A sound ~vati, not to exceed 18 feet in height abave exist~ng grade and measured at a
contmuum at e~~ery point along the wall, w~li be constructed around the s~te, extend~ng
from the northwest corner of the site, ad~acent to the ~roposed pedestnan entrance area,
along the western site baundary between the instructional and recreattonal pool. ac~uatic
bu~ld~ng and the street
4 Approval of Schemat~c Dra«,~ings The City hereby approves Schemat~c
Drawings prepared by K~llefer Flammang Purtill Architects, dated 1~Tovember 11,
1998, which delineate the new :~4un~c~pa1 Pool Fac~lrty to be constructed,
includine, w~ithout i~mitatEOn, those prmcipal components of wh~ch are set forth in
9
Paragraph 3, Subparagraph D The Schematic Drawings shall also ~nclude,
~~ithout limitatior-, a landsca~e plan for the Munic~pal Pool Facil~t~~ The City and
the District shall maintarn a co~nplete copy af the Schematic Drawings stamped
"Approved" by the City The Schemat-c Draw~ngs shall be a half-size set Furt~er
detaiied plans for the Mun~cipal Pool Facility, includ~ng, withaut limitation,
structural plans and workin~ drawings shall be developed by the City subsequent
to the Effective Date based upon the Schematic DrawinES Minor modificat~o~s ta
the Schemat~c Drau~mgs ma~• be made by the City upon wntten admin~strative
appro~~al of the Planning Direetor without the necessity af amendmg this First
Amendment A sign~ficant c~ange ~r~ the approved concept shall only be
undertaken after amendment of this First Amendment
S~~Z~nicipal Pool Fac~lrtv Access, Parkin~, C~rculat~on an~ Setbacks Access
and Circulatian far the NTunicipal pool facility shall be ~n accor~ance with the
descriptian ~irh~ch ~s attached as Exh~bit D 1 and the plar~s which are attached as
ExhibFt D 2 to th~s First Amendment The park~n~ for the I~4unicipal Pool Facil~ty
shall be allowed by perm~t in e~ther Parkmg Structure A or Park~ng Str~cture C, to
be accessed ~~a the campus entrance at P~co Boule~~ard The prec~se locations for
pool parkmg shall be estabt~shed by a 3oint Operating Agreement ta be entered
into betv~~een the Gty and the D~str~ct subsequent to the effective date of this First
la
Amendment Pool users w~th pernuts shall be allowed to park free of charge both
during weekdays and vn weekends
I~ add~tion to the ten han~icapped spaces current~y provided m Parkmg Structure
C, the D~stnct shall prov~de another four ground level handicapped spaces
These handicapped spaees shall be located in Parking Structure C along the
western face of the structure and shall be ava~lable during alI hours that the
Mun~cipa! Paol Facility ~s open The Distr~ct shall also designate a minimum of 24
add~tional spaces wh~ch will be ava~lable to pool users dunnQ peak hours (3 30-
5 30 p m on weekdaYs and Saturdays) The 24 pool spaces w~II be located jn
either Parksn~ Structure A or Parking 5tructure C The prec~se locations shall be
establ~shed by the 3oint Operating Agreement to be entered inta between the City
and the District
4 Para~raph 4(Approved I;ses) is hereby amended in full to read as foilows
By the e~ecution af th~s Agreement, the City specificall_y appro~~es the use of
Park~ng Stn.icture A and Parkmg Structure C for Callege-related park~ng and for
aquat~c-related parkin~
The Joint 4perating Agreement to be entered into between the City and the
District will ad~ress the }oint use and aperation of the Municipal Pool Fac~lrty by
11
the C~ty and the D~stnct Said agreement shall be consistent w~th the terms of this
F~rst Amendment and w~ll address hours of operation, staffing requirements,
permtt parking requ~rements, matntenance, and other poo~ operat~on fiinctions
5 The following Paragraph 5(T~ming af Construction), Subparagraph E is hereby added
to the Development Agreement
E The Cin~ shall use ~ts best ei~orts to commence construct~on of the ~4un~cipal Pool
FaciIltti• «-ithin tvvelve rnonths of the execution of this agreement, and to complete
construction within twelve months of the commencement of construction However,
nath~ng in this First Amendment sha11 be construed to require the City to proceed with the
construction of the Mun~cipal Pool ~acility and the failure to the City to proceed w~th
constr~actian of the Mun~cipal Pool Facilrty shall not g~~e nse to any hab~lity, claim for
dama~es ar cause of action a~a~nst the City
6 The introd~ct~on to Paragraph 6{Pro~ect Mitigation Measures) of the ~riginal
De~~eiopment Agreement is hereby~ amended ~n full to read as follows
To compl~~ with appl~cable provisions of the Genera! Pian and to mrt~gate specific
burdens upon the community resulting from construction of the Parking Structures
and the Mun~c~pai Pool Fac~l~ty, D~strict agrees to undertake the miti~ation
measures in Subparagraphs (A} through (G) of t~~s Paragraph relative to the
12
Parkin~ Structures and the City and the D~stnct agree to undertake the rnitigation
measures ~n Subparagraph (H} relative to the Me~nicipal Pool Facilitv
7 The follow~ng Paragraph 6{Project Mitigat~on A'leasures), Subparagraph H is hereby
added to the Development Agreernent
H To m~tigate specific ~mpacts resulting from the ~e~elopmern of the Municipa~ Pool
Facil~t~.r, the Crty and the D~strict agree to perf'orm the project mrt~gat~on measures
rtemized zn Exhib~t E attached hereto, in accordance with the timetable set forth in Exhibit
E~.vh~ch is mcarporated here~n by reference
8 Para~raph 7{General Services Requirements) shall be amenc~ed to refer to the
Environmental and Pub~ic ~T~'orks Department rather than the Department of General Sexvices
9 Paragraph 9(Effect of Agreement on Land Use Regulations), Subparagraph D of the
On~inai Development Agreement is hereby amended in full to read as follaws
City and Distr~ct acknowiedge that the provis~ans of th~s Agreement are ~ntended
to ~mplement the intent of the parties that District has the right to develop the two
parking stnactures spec~fied ~n this agreement, Park~ng 5tructure A and Parkmg
Structure C The C~ty has the right to control development of these structures
pursuant to specified and know~n standards and rules as delineated in this
13
Agreement The C~ty shall have the r~ght to develop the Murucipal Pool Fac~l~ty
pursuant to the terms af this Agreement T~vs Agreetnent shall not be deemed to
restrict an_Y r~ght af the City or the District, as governmental entrties, ta act in
accordance urith their powers, duties, and obli~at~ons
The 1~~4unicipal Pool Fac~lity will be constructed, -n part, on the site of Parkin~ Lot
8 which currentl_y provides 96 surface level parkin~ spaces Th~s parkzng lot is
~ocated on the s~te of former Park~ng Structure B Parkm~ Structure B consisted
of four ievels above-~rade and cantained 374 park~ng spaces This park~ng
structure mcurred si~nificant structural damage due to the Northrzdge Earthquake
and was subsequently demolished The C~ty supports the construct~an of a
replacement parkmg structure on the College campus wjth~n the next fi~e years
which would conta~n a minimum of 374 spaces The actual replacement parking
structure vi.~ould be sub~ect to C~tp~ discretionarv rev~ew and approva] after a
complete en~•ironmental analysis has been conducted in accordance wrth the
Californ~a Em~ironmental Qual~ty Act (Califarnia Publ~c Resaurces Code Section
21000 et se~c ("CEQA"} and C~ty standards
10 Paragraph 18 (Notices} af the ~rig~nal Development Agreement is hereby amended to
delete the Cit~~ addresses ta which not~ces. demands, requests, consents, appro~als, or
cammunications from the District to the City are ta be sent and to add the followrng City
addresses
14
Crty of Santa Moruca
1685 Main Street, Room 209
5anta Moruca, Califarrua 90441
Attn C~ty Manager
With copies to Santa 1Vlonica City Attorney's Office
1685 Ma~n Street, Third Floor
Santa Monica, Califorrua 90401
Attn C~ty Attorney
And to, Cammun~ty & Cultural Sernces
1685 Main Street, Room 210
Santa Mon~ca, Cal~farnia 944~1
~ttn D~rector
And to. Plannin~ R Commun~ty De~elopment
1685 sVla~n Street, Room 212
Santa Monica, Californ~a 90401
Attn D~rectar
11 Exhib~t A of the On~inal Development Agreement is hereby amended ta add the legal
descript~on of the propert_y upon which the MunECipal Pool Fac~iity wzil be located T~e amended
Exhibit A is attached hereto and incarparated herein by reference
12 Extiibtt B of the Ong~nal Development A~reement ~s hereby amended to add
landscap~ng, build~ng design and ARB requ~rements relatin~ ta the ~'Iunicipal Pool Fac~lit}~ The
amended Exhibit B is attached hereta and incorporated herein by reference
13 Exhibit C of the Original Development A~reement ~s hereby amended to add
En~~~ronmental and Public V4'orks h4anagement reyuirements related to the Munic~pai Pool
Facil~t~~ The amended Exh~bit C is attached hereto a~d incorparated herein by reference
]S
14 A new Exhibjt D is hereby added to the ar~ginal Develapment Agreement wh~ch
constrtutes the pro~ect stte plans, access and circulatian plans, and elevatton plans far the
Munic~pal Paol Facil~t_y
15 A ne~~ Exhibit E~s hereby added to the ~riginal Development Agreement which
establishes the m~Efgat~on measures reyuued for the M~n~apal Pool Facilrty as established by the
EIR undertaken for th~s pro~ect
16 A ne~~~ Exh~bit F is hereby ac~ded to the Onginal Development Agreement which
estabi~shes the R~lunicipal Pool Fac~iity standard cond~tions
17 The Ong~nal Development Agreement, w-thout exhjbits, is attached to th~s First
Amendment as Exhib~t G for reference purpose onfy
1 S Except as amended b~~ th~s First Amendme~t, the Onginal De~e~opment Agreement
shall rema~n in full force and effect ~n accordance with ~ts terms and conditions Notwrthstanding
the faregoing, in the e~~ent of any inconsistency between this First Amendment and the 4rig~nal
Development Agreement, the applicable provisions af th~s Ftrst Amendment shall govern
19 The obligations of this First Amendment ~mposed on the parties hereunder shall be
effecti~~e as of the date upon which the Ordmance approving this First Amendmenc becomes
16
effective ("Effect~ve Date"} The part~es sha11 execute this Fjrst Amendment within ten (i0)
wor~zn~ days of the Effective Date
20 The part~es hereto shall cause this First Amendment to be recorded in ~he Officia]
Records of the County of Los Angeles
I~T tiT~'ITNESS 1~~'HEREOF, the part~es hereto have duly executed #his Agreement as aft~e
dav and vear first above written
CITY QF SAI~'TA MO1~~ICA
By
John Jal~l~
City Manager
Attest
~1ar~a Stewart
Citv Clerk
Approved as to ~orm
Marsha Jones Moutr~e
City Attorne~~
i7
SANTA MOIVICA COMMUNITY
C~LLEGE DISTRICT
BOARD QF TRUSTEES OF
SANTA MONICA COMMUNITY
C~LLEGE DISTRICT
By
Thomas J Donner
V'~ce Pres~dent of Bus~ness
u~d Administration
F ~~TTY1.~'IU~IICONTRAGTIBAR1.,11L':``IPOOL V~'PD
18
AMENDED EXHIBIT A
PROPERTY DESCRIPTION
1 Parking Structure "A" shafl be located on property commonly known as Santa
Mon~ca College park~ng lot #4, more particularly described as fiollows
All that real property in tt~e City of Santa Monica in the County of Los
Angeles, State of California, as show~ cn tract no 12543, lots 1, 2, 15 and
1fi af Block 44 af East Santa Man~ca, in sa~d c~ty, county and state, as per
map recorded m Book 17, page 9~
2 Parking Structure "C" shall be ~ocat~d an property commonly known as Santa
Monica College soft~ali field, more particularly described as follows
All that real property in the City of Santa Monica, in the County of ~os
Angeles, State of California, as shown m tract no 12~43, lots 3, 4, 13 and
14 of Biock 4~ of East Santa Monica, in said city, county and state, as per
map recorded in Book 17, pages 95 thro~gh 98
3 The Mtan~c~pal Poo~ Facility shall be iocated on pro~erty commonly icnown as Santa
MonECa Coflege Parking Lot 8 and on the s~te of the landscape area located
ad~acent to parkmg Structure C ar~d 124 feet from the 16`h Street curbl~ne, more
particularly descrG~ed as follows
All that rea! property m the City of San#a Monrca in the County of Los
Angeles, State of Gahforn~a, as st~own m tract no 12543, lots 3, 4 and 5 of
Block 44 of East Santa Monica, in said city, county and state, as per map
recorded in Book 17, page 9~
f lppolsharelopspacelm~nipoollExhibitA wpd
I
AMENDED EXHEBIT B
PROJECT DESCRIPTION,
LANDSCAPING, AND ARCHITECTURAL REVIEW BOARD REQUfREMENTS
Pro~ect Description
The 5anta Monica Community College District has praposed the de~elopme~t of the
following two parking structures
Parking Structure A wrll be located as shown on the attached site plan exhEbit Thrs site
contamed a surface parking iot that was remoWed to aClow construction of a#aur stvry
parking structure that wil]
a Uti[ize the existing exit on 16`h Street as a ngh# turn only exit, and the College wifl
pursue with the City signalizing the fntersection of 16t" Street and Pico Bouie~ard
The College will also pursue witf~ the City, the establishment of a westbound left
hand turn signal at the Entersection of 17`h Street and Pico Boule~ard
b Include the establishment of a new right turn only exit on Prco Boule~ard Include
the establishment of a new entrance on Pico Boulevard
c Accommodate approximately 694 cars
d Be connected to t~e exisfing parking structure
Parking Structure C will be iacated as shown on the attached s~te plan exhibi# This s~te
contained the co[lege softball field and Es loca#ed beh~nd the Bus~ness Bu~ldFng T~e
structure will
a Have a sEngle entrancelexit from ~ 7`" Str~et at Pico Boulevard and wdl contain no
en#ranCelexit pn 'f 6'h Street
b Accommodate approximately 844 cars and wiEl include one levef of below grade
parking
(All of the abo~e ha~e been completed as part of the ori~inal DeveEopment Agreemant)
T~e Municipal Pool Fac~l~ty wrll be constructed cn the open space area that fronts 16t`'
Street on tF~e site of the farmer ParkEng Strucf~re B, c~rrently referred to as Starface
Parkrng Lot 8, and on #he si~e of the [andscape area located adjacent to Parkmg Struct~re
C and the 16th Street curblir~e
1
Landscapinq Req~irements
The Santa Monaca Community College District and City of Santa Manica shall comply with
thefollowing IandscapEng requ~rementsforall cievelopmentauthorized bythis Develapment
Agreement
Prior to commencement of cflnstruct~on bidding for eitt~er or both paricing struc#ures
or the Municipa! Pool, ten {10) full size sets of landscap~ng draw~ngs to the C~ty's
Arc#~itectural Re~iew Board for rev~ew and approval
2 Landscaping materials, treatments, and irrigation shali complywith MunECipal Code
Part 9 04 10 04 and the City's adopted Water Co~servation Ordinance
3 The College shall prov~de diligent effort where possible to preserve andlor relocate
any mature trees that wilf need #o be remo~ed to permEt pariung sfructure
canstruct~on
Architectural Review Board Requirements
The Santa Mon~ca Community College Distric# and the City of Santa Monica shalf comply
wit#~ the Architectural Review t-equirements pursuant to Santa Monica MunicipaE Code
Chapter 9.32, and as referenced in Exhibit F, Standard Condit~ons
Prior ta commencement of bidding for the Municipai Pool, ten (10} fulf size sets of desrgn
drawmgs shall be submitted to the C~ty Pfannmg Div~sion for A~chitectural Review Board
review and appro~al The Architectural Review Board shall carefully revEew all building
textures, colors, materiais, surface and pa~mg treatment, signage, I~ghtang, and trash
enc4osures
f IppcflsharelopspacelmunipoollExh~bitB wpd
2
AMENDED EXHIBIT C
Environmental and Public Works Manageme~t Requirements
The foliowing En~ironmental and Publ~c Works Management requirements applyto Parking
Structures A aRd C
An easement shall be granted to th~ C~ty fo~ al1 handicapped access ramps wh~ch
encroach beyond the fimit ofithe public right of way This inc[~des an easement at
the narthwesteriy corn~r of the property and easements on either side af both
northerly driveways af Parkmg Str~c#ure A
2 A hydrology report s~all be prepared that at minim~m shall address ex~sting street
capacity and indicate the potentEal for f~ooding of those port~ons of the structure
whic~ are below grade The report shall also address the change ~n runoff from tt~e
sitE, ~ndECate the points at which this runoff wil~ be discharged, ar~d identi#y any
changes to the existing fiow conditions If ~ndicated by the F~ydrokogy study, a
detention basin may be required on site
3 Complete set of civil plans shali be subm~tted designat~ng all off-site improvements
Based upan a previous inspect~on conducted by the Environmental and Public
Works Management Department, the sidewalk ort Pico Boule~ard between 16`h
Street and the eastern edge of Park[ng Structure A w~ll requEre remo~al and
replacement ~ther off-site improWements may be required as a result of damage
cEuring construction
4 All runoff from parking areas shall be collec#ed and rou#ed through an oil-water
separator or other treatment process to be approved by #he C~ty, wh~ch w~lf reduce
tl~e pollutants washmg frvm the site into the storm dra~n
5 Completed gradi~g plans shall be submEtted and shall include an erosion control
plan
All of the aba~e have been completed as part of the original Development Agreement
The followmg Environmenta[ and PublEC Works Management requirements appky to
construction af the Municipal Pool Facility
& Before rssuarrce of a bu~ld~ng perm~t, the Crty shaf~ approve a storage system forthe
on-site detention runofFor an alternate BESt Management Practice {BMP) as defined
En the Urban Runoff Mitigation Plan To the extent poss~ble, the detained
stormwater w~ll be distributed to lanclscaped areas, with any remainder e~er~tualiy
released into #he ex~stmg City storm drair~ connecf~ons All deta~ned runoff, released
~nto the City's facilitfes, will be released after passage of fhe system's peak flow
Th~s storage system or alternate BMP shall be implemented prior to Certificate vf
Occupa~cy
7 Before issuance of a b~Eiding permit, plans for a stormwater filtermg system shall
be submitted sub~ect ta the approval of #he C~ty's Environmentaf ar~d Pubfic Works
Managemen# Department ("EPWM") Tl~is stormwater filtermg system shafl be
installed for large pa~ed areas to reduce runoff con#amEnated by veh~cle oif and
debris from entering the storm dra~n system
8 Durtr~g constr~cfion and occupancy dTain inlets at or ad~acen# to the s~te shall be
constructed with oil, debr~s, and s~lt traps to reduce the le~el of pollutants such as
oil, debr-s, and silt m stormwater runoff Those traps shail be cleaned af debns
annuaily or mare frequently
9 The Pro~ect shall com~ly with the reqwrements af a Nat~onal Pofiution D~scharge
Elimmat~on System (NPDES) permit for storm wa#er discharge and with guidance
and pol~cies of the Regional Water Quality Control Board, EPA, and locaf agenc~es
~0 The Pra~ect shall be bu~lt m conformance with the City's Urban Runoff Poilution
Ordinance in effect on the Effective Date of the Development Agreement
1'f Add~tiona! sidewalks, curbs, gutters, pa~ing and dri~eways which need replacing or
removal as a result of damage caused during construction of the Pro~ect shall be
reconstructed to the satisfaction of EPWM as soon as practicable, and ~n any event
prior to certrfcate of occupancy
12 Prior to certificate of occupancy water flow cafculations shall be prepared to
evaluate fhe capac~ty of existing water mams at the locations for hook-ups to tf~e
pra~ect Existing wafer mams which directly senrice the pro~ect shalf be upgraded
if the water flow calculatEOns ind~cate that the hook-u~ pants fior the pro~ect will
cause such mains ta rece~~e grea#er derr~ar~ds than can be accommodated
13 Prior to ce~trficate of occupancy storm water flow calc~iativns s~all be prepared to
evafuate the capacity of existmg storm water dra~n #ines at the ivcations for hoak-
ups from the pro~ect Existing storm water dram Itnes which d~rectly senrice the
pro~ect shall be ~pgraded if the storm water flow calculations ind[cate tF~at tf~e hook-
up pomts forthe protect will cause such dra~n lines to receive greaterdemands ti~an
can be accommadated
~4 Southern Cafifornia Edison Company and the Southern California Gas Company
shall be consulted regafdmg any feasibl~ energy conservation measures tha# could
be mcorporated mto the Pro~ect
15 Efficient irrigation systems sha[1 b~ mstalled to m~nimize runoffand evaporafion ~nd
to maximize the proportio~ af water avai[able for plants in landscaped areas
~
16 Drought-tolerant, low-water-consuming plant varietres shail bE used to reduce
irr~gatian water consumption
17 Photo-voltaic systems to generate electricity shall be destgned and constructed if
deemed feasible and cost-effecti~e by tFte City
f lppolsharelamended exhibitc wpd
3
EXHIBIT D
Santa Monica Mur.~cipal Pooi
D.9 Access a~d Circulation Qescription
D.2 Access Diagram
D.3 Site Plan
D.4 Building Elevations
EXHIBIT D 1
MUNICiPAL PDOL ACCESS AND CIRCULATIQN
1. Vehicle Access and Parking
The only vehicle access from outsic~e the colfege campus to the nEw Santa Monica
Municipal Pool on the Santa Mon~ca Coll~ge s~te w~ll be via the Santa Mor~ica
College entrance on Pico Bauie~ard and 17th Street Th~s is one of several
entrances to the college, but directly serves Parking Structure A, Parking Structure
C and the Pool entrance
Vehicles w~il enter from PECO Boulevard ar~d, once on the campus grounds, w~ll
proceed west, and enter ertf~er Parkmg Structure A, whrch rs immedratery to the
west of the mam entra~ce, or turn south past tl~e Pool drop-off zorte, in front of tI~E
pubf~c pool entrance, to Parkmg Structure C Parking Structure C w~fi ha~e fo~r
har~dFCapped spaces located at the structure's ground le~el west corner ad~acent to
the entrance to the garage Poal parking shafl be permftted as specifred in amended
Paragraph 3 D 5 of the F~rst Amendment
Vehicles exRt Parkmg S#ructure A via the ex~stEng 16th Stree# egress anc! right turn
on~y exit, or via the Pico Baule~ard exit VehECles ex~t Parking Structure C ~ja the
two-way exit at the north side of the parkin~ struc#ure, which feads to the Entema~
circulation dri~e, exiting on Pico Boulevard at the po~nt of entry
There will be no add~tional access to or from 1fi`h Street other than the exrsting righ#
#urn only egress from Park~ng Structure A
2. Pedes#rian Access and Circulation
Pedestr~ans may access the Mur~~crpal Pool from a number of pedestrran access
pomts on #he Sar~ta Manica College campus However, it is en~isioned that
~edestrians from the ~mmec~iat~ residentiaf neighborhoods w~ll walk along 16'~` Street
and enter the site from the pedestrian walkway at 16'h Street which proceeds past
Parkmg Sfrucfure A, around the per~meter of the poo( srte, and enter fhe pool facili~y
from the controlled public entry point at ti~e cent~r of the site's easterr~ boundary
This pedestnan entrance wifl be the main entrance po~n# to the poof and wilf be
controlled at all times the pool is open Pedestr~aRS walkmg from their cars parketf
in either Parking Structure A or C wiil ~se this entry Th~s entrance wfll be serv~d by
an eleva~or to take har~d~capped users from the ground Jeve~ #o the v~ewrng deck
7
The entrance fs at grade, and does na# require a handicapped access ramp
H~~dicapped users wEll ~ark at the faur hand~capped spaces at the north edge of
Park~ng Structure C, fram which #hey w~~l ~e able to exit dirpctly out of the bu~ldmg
ta a paol pathway, proceeding to the mam entrance
There will be a secondary entrance at #he south side of the pool, ~ust west of
Pa~king Str~cture C, closer to the exist~ng locker rooms, for coklege users only This
access will also be controlled by co{lege staff when ~t ~s open, but wili oniy be open
durang the hours wh~ch the College uses the pool
3. Bus Stops
The primary bus stop that serves the pool will be the Pico Boule~ard ~us stop ~ust
pa~t of 18`h Street Tpa~ buses far swrm mee#s and events w~ll make advance
arrangements to park at one of the Santa Monica CQllege surFace parkmg lots, and
wrll discharge passengers at t~te Santa Monica C~Ilege P~co Bouie~ard frontage
As part of the Sar~ta Mon~ca Coilege Masterplan, the College propases to coRStruct an
addition to the eastern sect~on of the ex~sting Parkrng Structure C, a~er the area af the
exist~ng Municfpal Pool si#e, #hat would include addit~onal spaces as well as a r~ew primary
entrance and exit at the eastern ~nd of the struc#ure If th~s expans~on shoul~ occur, the
number of vehicles usmg the er~#rance and ex~t at the western end of the structure will be
red~ced, although i# wiil remain a two way access as a secondary entrance, and wEll
prov~de access between Parking Structures A and C
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EXHIBIT E
PROJEGT MITEGATION MEASURES
TRAFFIC, ACCESS AN~ PARKING
in ^rder to accommodate the net park~ng mcrease due to ~ncreased usage, the
college shafl des~gnate a min~mum af 24 spaces which will b~ ava~lable to pool
users dunng peak hours (3 30-5 30 p m on weskdays and Sat~rdays} The 24
spaces shall be facated ~n e~ther Parking Struc#ure A or C The precise loca#~on
shall be cfetermi~ed in the Joir~t Operating Agreement en~ered into between the C~ty
and the D~strict
2 To discourage weekend pool users from parking on nearby residential streets, the
City shall er~courage weekend users to park in SMC off-street parking facilities
through informational programs (bulletin board notices, mailer inserts, etc }
3 The n~nety-six parking spaces currentiy located on Park~ng Lot 8 wh~ch will be lost
due to the construct~on o~the Mun~cipal Pooi facility shall be replaced Unt~l Oc#ober
31, 1999, these replacement spaces will be lacated at either the C~ty's beach or
a~rport lots The specifc requ~rements governmg tF~e use of the beach or airport lots,
~ncludmg par~Cmg locafion and schedule, shafl be established m the JoEnt Operatmg
Agreement After October 31, 1999, the replacement spaces shall be pro~ided on
the College campus
4 Information concernmg appro~riate bus routes sha~l be prov~ded to swim team bus
drivers in advance of any swim meets B~s routes shall a~oid residential streets to
access the site To minimize drop-off/p~ck-up activity afong 16'h Street, team buses
shall be required to drop-offlpECk-up swim meet participants along the Pico
Boule~ard frontage of the College
5 To m~nimize the potential for weekend swim meet participants to park on
neighboring residential streets, access and parkmg mformation shall be ~ncluded m
al! swim meet materials to dErect participants to the proper park~ng location
G Arrangements sha~l be made with SMC to permit park~ng of weekend swim meet
team buses ~n SMC surface parkir~g kots
7 ]f swim meets are proposed which will take place on a weekday wh~ie SMC rs in
session, a parking management plan sF~all be prepared prior to the event to ensure
that suff~cient off-street park~ng is a~ailaE~le for meet particapants
AIR QUALITYICONSTRUCTION
8 Contractors shall use water or other effect~ve dust control m~asures to reduce
fugiti~e dust em~ssions
9 Frequent sEte clean-up near the access driveway shall be performed to prevent
track-out of dirt that could be pul~erEZed by passing cars
10 Dunng constructEVn the maximum practical destance buffers ~etween semi-
statianary on-site equipmenf such as generators, cor~pressors, etc and the nearest
pollution-sensitive uses at homes across 16`h Street ar~d ~nstructianal class rooms
shal! be maintaEned
11 Construction related soil dis#urbanc~ activities shall beterminated durmg Santa Ana
wind canditfons, or use continuous watering fo~ dust abatement
NOISE
12 A no~se barrier of na more than 18 feet ~n heigh, measured from existir~g grade shall
be constructed to break af! I~nes-of-sight between the pro~ect site and residences to
the west In add~tion to extend~ng along the western boundary of the site, the
~arri~r shall be located alang fhe southern boundary The pedestrian entrance shall
be designed with either a baffie (overlapped} pane! or constructed to wrap around
the narthern edge of the stde until no [ine-af-sight relat~onship remains to any
residence west of 'E 6t" Street
13 No swim instr~ct~onal activit~es mvai~mg the use of atten~ion-getting dev~ces s~ch
as wh~stles, b~l4-horr~s, shout3fig, etc shall acc~r before 7 a m on weekdays or 8
a m on Saturday vr Sunday
14 Gates shall remain closed on swim meet days unt~l S a m to deter ~arly arnval or
practice
15 No amplified so~nd or music shall be used before 9 a m ar a#ter 7 p m unless use
of such equipment car~ ~e demonstrated to be inaudible at #he cfosest residences
f lppolsharelopspacelmunipoollExhibitE wpd
~
EXHIBIT F
MUNICiPA~ POOL STANDARD CONDITIONS
Plans
1 Th~s appro~al is far those plans dated No~ember 11, 1998 a copy of which shall be
maintained m the fles of tF~e City Planning Division Pro~ect development shall be
consisten~ with such plans, except as oth~rwise specified in these conditions of
approval
Architec#ural Review Baard
2 Priorto consideration ofthe proJectbytheArchitectural Re~iew Board, the appl~cant
shall reviewdisabled access requ~rementswith the Bui~d~ng and Safety Di~ision and
make any necessary changes in the pro~ect design to acf~ieve campliance with such
requirements The Architectura[ Review Board, m its re~rew, shall pay part~cuEar
attention to the aesthetic, landscaping, and setback impacts of any ramps or other
features necessitated by accessibility requirements
3 Priar to subm~ttaf of landscape pfans for Arch~tectural Review Board approvaE, the
ap~lrcant shall contact the Department of Enviror~mental ar~d Public Works
Management regardmg ur~an runoff plans and calculations
4 Construction perEOd signage shall be sub~ect to the approval of the Architectural
Re~~ew Board
5 Plans forfinal design, landscaping, screen~ng, trash enclosures, and signage shaEl
be sub~ect to revEew and approval by the Architectural Rev~ew Board
6 The Archrtectural Review Board, ~n i#s review, scaie and art~culation of design
eiements, exter~or colors, textures and mater~a~s, window treatment, glazing, and
landsca~~ng
7 Landscap~ng p~ans shall comply w~th Subchapter 5B ~Lanciscaping Standards} of
the zoning ordmance including use of water-conserving ~andscaping materials,
fandscape maintenance and other standards contamed rn the Subchapter
8 Refuse areas, storage areas and mechan~cal ec{uipment shall be screened in
accordance with SMMC Section 9 04 1Q 02 13~-9 04 10 02 150 Refuse areas
shall be of a s~ze adequate to meet on-site need, including recycling The
Archi#ectura! Review Board in its revtew shall pay part~cular attention to the
screen~ng af such areas and equipmer~t
9 Before submitting fhe Pro~ect to the Arch~tectural Re~iew Board ("ARB°), the
landscapir~g plar~ shal! be prepared, includ~ng a street tree plan, by a IECensed
California landscape areh~tect Piants called for m the approved landsca~e plan that
subsequently die shall be replace~ on a one-for-one basis
Canstructian
10 Unless otf~erwise appro~ed by the Qepartment of Envfronmer~tal and Public Wo~ks
Management, all s~dewalics shall be kept clear and passa~le d~ring the grading ancf
construction phase of the pro~ect
11 Sidewafks, curbs, gutters, pavmg and driveways wh~ch need replacing or removal
as a result of the pra~ect as determmed by the Departmen~ vf Env~ronmental and
Public Works Management shall be reca~structed to the satisfaction of the De-
partment af Env~ronmental and Public Works Management Appro~al for this work
shali be obtained from the Depa~tment of Enuiranmental and P~~Itc Works
Management priar #o ~ss~ance of the building permits
12 Vehicles hauling dirt or other construction debris from the site shal! cover ar~y open
load wifh a tarpaul~n or other secure covering to minim~ze dust em~ssior~s
13 5treet trees shall be mamtained, relacated or provided as required in a manner
consistent with the City's Tree Code (Ord 1242 CCS), ~er the speafications of the
Community and Cultural Serv~ces Div~s~on and the Department of En~fronmental
and Public Wor~CS Management No street tree shall be removed without the
appro~al of the Community and Cultural Setvices Di~is~on
~4 All tree transplanta#ion during the course of the Pro~ect shal! be perFormed by a
qual~fi~d arborist, landscape architect, or tree expert, to the City's satisfaction
Trees that are to be reused on-site st~ali be boxed ~n appropriately-s~zed conta~ners
and temporardy relocatec! to protect them from physical in~ury
15 A construct~on period rnitigation plar~ sha~l be prepared by the applican# for approval
by the Department af Enviranmental and Putalrc Works Management praor ta is-
suar~ce of a buifdmg permit The approved mitigation plan shall be posted on the
construction site for #he duration of the pra~ect cons~ruction and shall f~e produced
upon request As applicable, this plan shali 1) Specify th~ names, addresses,
telephone numbers and business license numbers of al} contraetors and
subcontractors as weEl as the developer and architect, 2} Descr~be how demol~tion
of any existing structures is to be accomplished, 3} Indicate where any cranes are
to be located for erectior~lconstruction, 4) Describe how much of the public street,
a[leyway, or sidewalic is pro~osed to be used m con~unction with construction, ~)
Set forth the extent and nature of any pile-dri~ing operations, 6} Describe the length
and number of any tiebacks which must extend under the property of other persons,
2
7) Spec~fy the nature and extent of any dewatering and its effect on any ad~acent
buildings, 8) Describe anticipated contruct~on-related truck rou#es, number af truck
trips, hours of hauling and parkmg ioeation, 9} Speeify the nature and extent of any
F~elicopter hauling, 10) State whether any canstruction activity beyond normally
permitted hours is proposed, 11) Descnbe any proposed construction no~se
mitigation measures, 12) Describe const~uction-per~ocf security measures including
any #encing, hghting, and security personnel, 13)Provide a dramage plan, 14)
Pro~ide a construction-penoci parking plan which shall minimize use of public
s#reets far parkmg, 15~ Lrst a designated on-site construction manager
16 A sign shall be posted on ~he pro~erty in a manner consist~nt with the public
hearing sEgn requirementswhich shalf identifythe ac~dress and phone numberofthe
owner and/ar applicant for#he purposes af responding to questions a~d complaints
during the cons#ruction period Said sign shall also ~ndicate the hours of permissible
construct~an work
17 The applicant shall ~nsure any grafitti on the site ~s promptly removed #hrough
com~l~ance with the City's grafitti removal program
18 A copy of these conditions shall be pos#ed in an easily vis~bfe and accessible
Eocation at all times during construction at the pro~ect site The pages shall be
fammated or otherwise protected ~o ensure durabil~ty of t#~e copy.
19 The Crty Engineerand all afFected agencies shall a~pro~e any construction detours,
construction work requ~ring encroachment Ento p~bfic r~ghts-of-way, or any otf~er
street use activ~ty (e g, haul routes) during construction
24 The ha~alr~rg of d~rt ar~d demol~t~or~ mater~al arrd the de~~very of constr~ct~on materia!
shall be prohEbited during the aftemoon peak traffic period City streets affected by
the Pro~ect construction, shall be cleaned as necessary
21 Constr~ction sha~l be scheduled ancf expe~ited to cause the least amount of
disrupfion and mterference #o the ad~acent ~~hicular and pedestrian traffic flow
22 !f human remains of Native American or~g~ns are encourttered dunng the Pro~ect
development, cQnstruc#ion shall be immed~ateEy suspended, and the County
Coroner's office and the Nati~e American Heritage Commission shall be contacted
to determ~ne necessary procedures for protection and preservat~on of remai~s,
mclud~ng reburial at the Crty's expense
23 In the ever~t ti~at cuttural/archaeological resources are e~countered on the pro~ect
site during the course of Pro~ect construction, all earthmo~~ng acti~ity in the area of
the r~source shaf! cease until the f ndings are examined, their significance assessed
by the Director of Plannmg, the State H~s#or~c PreservatEOn Off~ce is consulted and
recommendations are made far any ap~ropriate pracedures #o ei~her further
in~est~gate or m~tEgate impacts to those c~ltural resources which ~a~e been
encountered, mcluding the City's payment of exca~atmg costs
24 In the event that fassils are encountered during fhe Pro~ect excavat~on, ali
earthmoving activity in the area of ampact shaf~ cease unt~l the De~eloper retains the
ser~~ces of a qualified pafeontologist, who shall examine the findings, assess t~eEr
s~gnificance, and ofFer recommendations for any further ~nvestigation or mitigation
measures
25 General contractors shall mamtain equipment engines m proper tune ancf ~perate
construction equi~me~t so as to minimEZe exhaust em~ss~ons at afl times during the
Projeet develapment Such equ~pmen# shall not be Qperated during first or second
stage smog alerts
26 During construction, trucks and vehicles in loading ar unloadEr~g queu~s should be
ke~t with their eng~nes off, when not in use, to reduce vehicle emissions
Constructran activ~ties shall be phasec~ and scheduled to avaid em~ssions peaks,
and discontinued during first- and second-s#age smog alerts Exca~at~on sha~l be
d~scor~tmued during periods of high winds
27 Generaf contractars s#~all use reasonable and ~ypical watercng techn~ques during
Pro~ect deveEopment to reduce fugit~~e dust ~missions All unpaved demolit~on and
construction areas sha11 be wetted at least twice a day during excavation and
construction, and temporary dust co~ers shall be used to red~ce dust ~m~ssions and
meet SCAQMD Rule 403
28 Cansfruction and demalitioR act~v~t~es shall take place only durEng the ho~rs and at
the le~els specified for Noise Zone ill (Institutional} in Santa Monica M~nic~pal Code
Chapter 4 12 {"No~s~ Ordinance")
29 Except as appro~ed by the Plannmg Director, the pro~ect contractor si~all schedule
construction activities to a~oid the sirrrultaneous operation of equ~pment such as air
compressors, backhoes, concrete pumps, vibrators, or breakers, truck cra~es,
dozers, generators, Eaaders, pa~ers, pneumatic tools, water pumps, power hand
saws, sho~els, and trucks, so as to m~n~mize noise levels resufting from opera#ing
several pieces af high noise level-em~tting equipment
30 Constructian eq~~pment shall ba f~tted with state-of-the-art noise shielding and
muffling de~~ces to reduce no~se levels ta the maximum extent feasible durmg
construction
31 Every reasonable effort will be made to create the greatest pract~cable distance
between no~se sources and se~srtave receptors during construction operations
4
Environmental Mitigatio~
32 Ultra-law flow plumbir~g ~ixtures are required on all new d~velopment and
remodelmg where ~lumbmg ~s to be adcfed (Maximum 1 6 gallon #o~le#s and 1 0
gal~on urinals and law flow shower head )
33 To mit~gate solid wast~ impacts, priorto iss~ar~ce of a Certificate of Occupancy, the
appl~cant s~al] submit a recycfEng plan to the Department of Ertv~ronmental a~d
Publ~c Works Management for i~s appro~al The recyeling plan shall incl~de 1) list
of materials such as white paper, computer paper, meta[ cans, and glass to be
recycled, 2) location of recyling b~ns, 3) clesignated recycling coordinator, 4} nature
and extent of internal and external p~ck-~p service, 5} pick-up scF~edule, fi} plan to
inform tenants/ occupants of service
34 To mitigate storm water and surface runoff ~rom the pro~ect site, an Urban Runoff
Mitigatian Plan may be required by the Department of Environmental and Publ~c
Warks Management (EPWM} pursuant to Mun~cipal Code Chapter 7 10 Appficant
s~all contact EPWM to determcne applicabie requirements, which include the
followmg
o Non-stormwater runoff, sedrment and construction waste from the
constructEOn site and parking areas is prohibited from lea~ing the s~te,
o An s~diments or materfals which are tracked off-site must be removed the
same day they are tracked off-site,
o Excavated soil must be located an the site and soil piles should be covered
and otherwise protected so tF~at sediments da not go ~nto the stree~ or
ad~o~ning properties,
o Wash~ng of construct~on or oth~r vehEcles shail be allowec~ ad~acent to a
construction site No runoff from washing vehicles an a cons#ruction s~te
shall be allowed to leave the site,
o Drainage controls may ~e rec~uired depend~ng on the extent of grading and
topography of t#~e site
o New developmer~t is required to reduce pro~ected runoff polf~tivn by at least
twertty percent through incorparation of design eEements or prmc~ples, such
as mcreasrng perm~ab~e surfaces, divertmg or catching r~noff via swales,
berms, and the like, orientation of drain gutters towards permeable areas,
modification af grades, use of reten~ion structures and ather methads
Misceilaneous Conditions
35 The building address shall be painted on ~he roof of the build~ng and shal! measure
four feet by eGght feet (32 square feet)
36 The operation shall at aEl times be cortducted in a manner not detr~mental to
surrounding propertEes or r~s~dents by reason of lights, noise, activ~ties, parking or
oth~r actiorts
37 Street andlor alley f ighting shall be pro~ided on publ~c r~ghts-af-way ad~acent to the
pro~ect if and as needed per the specificat~ans and with the approval of the
Department of Environmer~fa! and Public Warks Management
38 F~nal ap~roWal of any mechanical equipment Enstallation will requrre a noise test ~r~
complEance with SMMC SectEOn 4 12 040 Equipment for#he test shall be provided
by the owner or contractor and the test shaN be conducted by the owner vr
contractor A capy of the no~se test results on mechan~cal equipment shall be
suhm~tted to the Commun~ty Noise Officer for rev~ew to ensure that nojse levels da
not exceed maximum al~owable le~els for the appl~cable noise zone
39 Final ~uilding plans submitted for appro~al of a bu~iding permit shafl mclude on the
plans a list of all permanent mechanical equipment ~a be placed outdoars and all
pe~manent mechan~cal equ~pment to be pkaced s~doors which may be heard
outdoars
Morntorir~g of Condit~ons
40 Pursuant to the requirements of Publ~c Resources Code Section 2~081 6, the City
Planning Division will coordmate a mon~toring and report~n~ program regarding any
required changes to #he pro~ect made in can~unct~on with pro~ect approval and any
cond~t~or~s of approval, incEudmg those conditions tntended to mittgate or avoid
significant effects on the en~ironment This program shall include, but is not iEmited
to, ensurmg that the Planning D~visivn itself and other City d~v~sions and
departments such as the Building Di~is~on, the Environmental and Public Works
Management Department, the Fire Depa~#ment, the Pol~ce Departmen#, the
Resource Management Department and the Finance Departmen# are aware af
proJect requirements which m~st be satisfied priorto ~ssuance of a Build~ng PermEt,
Cert~ficat~ of Occupancy, or other perm~t, and that other respons~ble agenaes are
also informed of conditions rela#ing to their responstbilities Pro~ect owner shall
demonstrate compliance with conditaans of approva~ m a written report submitted to
the PEanning Drrector and Buildi~g Officer prior to issuance of a B~ildmg Permit or
Certificate of ~ccupancy, and, as applicable, proWide periodic reports regarding
compl~ance w~th such conditions
6
EXHtBIT G
Original De~elopment Agreemer~t
[without exhibits)
C'~~ ~~ra ~;-~ ~" ~ ~(s ~
~~~
, ~;-~~ fi~~~c~t ~~ ys~'
~ ~~ DEVELAPl~LENT AGREEMENT ~`-j
THIS DEVELOFMENT AGREEMENT ;"Agreement"; is entered into
, 1989, between the SANTA
this ,~~~~day of _h~l~i~l~-~~~~i '.,
MONICA COMMLNITY COLLEGE ~3STRICT and the BOARD OF TRUSTEES ~F
THE SANTA MONICA COI~IUNITY COLLEGE flISTRICT (hereinafter referred
to a~ the "Distr~ct" and the "Board of T~ustees," respectively),
and the C~TY OF SANTA MONICA, a municipal corporation organ~.zed
and existing purs~ant to the laws of the State of Califarnia and
the Charter of the City of Santa Monica ("Ci~y"), with reference
ta the ~vllawing fa~ts:
A. On May 17, 1988, the City and the District entered into
Contract Number 51^0 (CCS) regardinq: (i) the establishment of a
preferentia~ parking zone around Santa Monica ColZege
("College"); (ii) the Zease by the City of eertain structures at
the Santa Monica Airport to the District for use as additional
classroam facilit~es: (i~.i} the construction of two parking
structures by the Dzstrict on the College campus; and (iv) the
provision by the City of temporary parking lots and a shuttle
service for use by Colleqe employees, students, a~nd College
visitors. on June 14, 1988, a preferential parking aone was
established around the Colleqe by the City pursuant to ardinance
Nuinber 1444 (CCS). On July ~, 1988, the City leasBd the
additional classraom facilities at the Airpart to the District
pursuant to contract Number 5201 (CCS) ("Lease"), on or about
3uly 1, 3968, the City commeneed the shuttle service from the
temporary parkinq lots. This Agreement is entered into regardinq
the construction of the two parking structures on the Coileqe
- 1 -
ca~pus tc mlt~gate ~e~*a~:~ er.viro~~er,~al ~Tpacts created hy the
establishment of the p_eferenv~al parking zone.
3. Pursuant ~c ~a~~~~rnia G~vern~ent Code 5ections 65865
et seq. and Santa Mon~ca ~unz~~pal C~de Sections 9800 et seq.,
4he C~~y is au~hcr~zed ~o er.~er into binding development
agreements with persons hav3r.g ~ega~ ~r equitable ~nteres~s ~n
real property for t~e development of such ~raperty.
C. Distrzct is the legai owner of certain rea~ property
("Property") Zocated Zn the City of Santa Manica, Cal~fornia, as
a~ore ~articularly described in Exhibit A, which is attached
hereta and incorporated herein by t~is reference.
D. District as the deve~oper has requested that City enter
into this Develapment Agreement ("Agreement") reqardinq the
constructian of two parking structures an the Property. District
has paid all necessar.y costs and €ees associated with ~he City's
processinq af this Agreement. e~ty has comp~ied with alI
procedures required by Santa Manica Municipal Code Seetians 9840
et seq, regardinq the processing di this Agreement.
E, The City has caused to be prepared a comprshensive
£nviranmental Impact Report which a~~a~ya~s in de ail the
environmental effects of al~ aspects of th~ proposed deve~opment
of the Proparty. The City considered the Environmental Impact
Report in conjunction with the approval of this Agreement. The
Enviranmental Impact Repart was prepared, processed, reviewed,
and approved in conformity with ~'alifornia Public Resources Code
Sections 22000 et seq. and the City of Santa I~onica Guidelf.nes
for Implementatian of the Californa.a Envirortmental Quality Act,
adopted hy Resolution N~nber 669~ (CC5).
- ~ -
F. The Caty Cvunc~l ~~ ~he ~~~y r.as faund that th±s
Agreement is cons~stent wi~h the Ger.era? P~an of t~e City af
Santa Monica and any app~i~a~le spec~fic ~lans of the C~ty of
Santa Monica.
NOW, THEREFORE, ~n ~~ns~de~at~on far the covenants and
conditions here~nafter set farth, the parties hereto do hereby
agree as follows:
~ DEFINIT~ONQ For purpcses af th~s Aqreament, the
folZowing terms and phrases shall be anterpreted as hereinafter
defined, unless the context cl~arly indicates a contrary ~ntent
of the parties:
Buildinq Height: shall be as set forth in Section 3, and
shall be defined as the vertical distance measured from the
average ~evel af highest and Iowest point of that portion of the
1ot covered by the building to the h~ghest point af the roof
excluding parapets, stairways, ventilating fan~ or similar
equipment required to operate and maintain the bui~d~nq.
Subterranean parking areas located balow the average ground l~val
shall also be excluded from building heaght,
city: the City of Santa Monica, a mun~cipa~ corporation,
orqanized and conductinq business pursuant to the laws af the
State at Ca~ifQrn~a ar~d the Charter af the City of Santa Monica.
City Manaqer: the City Manaqer of the City.
District: Santa Monica Community Co~leqe District!
developer of the Project.
Floor Area: shall be cansistent with and governed by the
Zoning Ordinance.
,
~enera~ FIa^: t~e ~~:^p~ere~:s~~~e, lcnq-te~ geraera; p~ar
far ~he physical 3e~elop:~ent ~~ t!~e C~~y of Santa Monaca pursuan:.
to Callfornla Goverr:~ent Code Sec~~or.s 6~300 et. seq.
LL'C~: the Land ','se a;.~ C~rc~,~lation ~'lement of the Generai
P~an of the ~.~ty.
Planninq Co~nr.~zssion: the ~lann~r.~ Co~zssxon of the City.
Pro~ect: the Froposed develop:~ent of the Property as is
more partzcularly described zn Section 3 cf this Agr~ement and in
the Pro~ect Site Plan.
Project Plans: those certain Pro~ect Plans dated June 19,
1989 (incl~ding renderings) prepare3 by Conrad Associates (as the
same may be amended from tir~e to time in accordance with the
terms of this Agreement) which are attached hereto as Exhibit B
and incorporated herein by th~s reference and which set forth the
basic guidelines and scope far the develop~ent of the Project.
Parkinq Structures: the two parking structures to be
const~ructed on the Praperty, as mare particularly described in
Section 3 af this Agreement and in Exhibit B.
Property: the real property on whzch the Project will be
developed and whieh is more partict~larl~ described in Exhibit A.
Zoninq Administrator: the Zaning Administrator of the
City.
2. DESCRIBTxON OF THE PR~PERTY. The Property described in
Exhibit A consisting af two ( 2) lots comiaonly ]c~own as "Parking
Lat 4" u.id "Parkir~g Lat 8," respectively.
- 4 -
3. ~$SCRIPTION OF PROJECT.
A. 'I~ao Parkinq 5tructures. The Pro;ect includes a11
aspects of the proposed 3eveiopr~ent of the Proper~y with twa (2}
Parkzng Struct~res wnich are :~ore particularly dascribed herein
and in Exhibit 8, includ~ng ~he fol~cwing components:
1. The "Lo~ 4 Parkinq 5tructure" sha11 be
constructed on Parking ~ot 4. I~ shall contain appraxlmately
182,000 square feet af Fioor Area and provide approximately 40~
full size and 242 compact non-tandem parkinq spaces. The Park~ng
Structure shall nat exceed faur levels and a Huildir-g Height af
40 feet. One leve2 shall be at giade and the three others shall
be above qrade. The structure shalZ ut~l~ze the existing exit on
16th Street as a right turn on~y.
2. The "Lot 8 Parking Structure" shall be
constructed on the Calleqe Softball Field. It shall contain
approximateiy 238,000 square feet of Floor Area and provide
approximate~y 485 full s~.ze and 359 compact non-tandem parking
spaces. The Parking Strueture shall not exceed five ievels with
one level of subterranean parking, one level of at qrade parking,
and faur ~evel~ of above-qrade parking. The Parkinq Structure
shall not ~xcead a Buildinq Height of 38 feet. The Stre~cture
sha~l hav~ one antrance and exit from 17th Street at Fica
Baulevard. The Stru~ture shall have no exit onta ~6th Street.
The 5tructure shall be set back a minimum of one
he~ndred twenty-faur (i24) feet from 16th Street curbtine.
3. The total Floor Area of the Project shall not
exceed 420,a00 square feet.
C _
B. Landscap~nq. Landscaping sha?1 ~e as set for~: ~n
Exhibit B.
C. Veh~cular and Pedestiian Ac4ess and Circulation.
Standard size parking spaces shall be at least 8.5 feet wide by
I8 feet. Compact parking spaces sha~~ be at least 7.5 feet wide
by 15 feet. The Parking Structures sha~l have ~ngress and egress
from se~eral ~ocations on ~he Property as shown on Exh~bit B.
~. APPROVED II8E8. By the execution of this Agreement, the
City specifically approves the use of the Property far
Cal~.ege-related parkinq.
5. TI1~INa OF COHBTRIICTI~N.
A. Not less than 30 days prior to the District's
commencement of construction of the Parkinq Structures, District
shall submit all construction plans to the City €or review to
confirm that the cQnstructzon plans comp~y with this Agreement.
City shall review such constructifln plans and shall notify
Distr~ct that such plans do or do not camply with this Agreement
within faurteen (14) days of recezpt of such e~nstruction p~ans.
B. District shall simultaneo~sly bid the cnnstructi~n of
the two P~rkinq Structures, and shall complete construction of
both ot tha Farkinq Structures and of the improvements in
accardanca w~th the following deadlines:
(i) District to Obtain Office af State
Architect (OAS) Approval
(ii) Diatrict to Award Bid
(iii) District to Commence Construction
~
November 21, 1989
January 8, 1990
February 15, Z990
- 5 -
,
(~v) Distr~ct tv Cor,:plete Cc:~st:uct~~n Apri~ ~5, ~99~
flzstrict must commence ccns~r:~c~ic^ o~ both Park~ng Structures on
or before February 15, ~990, ar.~~ su~~ect to extension o`
deadlines as se~ forth ~elo~X, ~~:.^.p~ete corstrtiction oi swc:,
Parkxng Structures and a~l an-site and of~~site improvements
requared in cannect~an therewith w,Lhin ~purteen ;~4) ~onths
after commencement of such construc~ion. If District fails 40
commence and complete construct~on within such per~od, City may
terminate this Agreement, in addition to such other remedies as
are set forth in Contract No. 5I00 (CCS).
C. Extension af Deadlines. The failure of the District ar
~he City to meet the perfo~mance deadlines set forth abave shal~
not be an event of default ~.f the Distri~t or City is prevented
from doing sa by reasor~ of events ar circumstances beyand the
contral of either the City or the District. In this regard~ the
parties acknowl~dge that abtazninq OSA approval as set farth ~n
item (i) af paragraph A above is an event beyond the contral of
either party. In the event that either the City or the D~strict
is delayed in comp~ying with any of the deadlines set forth
above, the deadlinea so de~ayed sha11 be extended for a period ~f
not more than sixty (60) days. If the City or the Qistrict is
prevented trom complying with any af the deadlines set farth
above fc; a period of more than sixty (6~} days, the parties
shall attempt, within an additional thirty (30) days, to agree to
neW dead~.ines. If, at the end of such additional thirty (30y day
period, the partiee cannot agree on new deadlines, such failure
to aqree shal~ terminate the City's ab~iqations under this
Agree~en~ a:,u s~a~~ be ar, z•1~er~ a~ defau~~ under the ;rease,
provided, however, t::at t:e C~llege's fa{~ure to obtal.n ~SA
apprcvai s~:ai? not `.er:~.~~a~e ~::~s ngree:-~en~ vr be considered an
event a~ defa~l:. ~azder =:e ~ease un~ii the expiration of an
add~tional th~rty (3~j 3ay periou. Both parties sha11 be
reasonable ~n thelr at~empt ~~ neqot~ate any new dead~ines.
D. District shall be required to comply w~th all
raquirements of the Off~ce o~ the State Architect ("OSA") and to
obtain OSA approval af the P~o~ect prior to cor~mencement of
construction. In the event of a conflict between requirements of
the City and of OSA, OSA requirements shal~ prevail.
6. PROJECT HITIGATION MEASIIREH. To camp~y with applicable
provisions of the General Plan and t~ mitigate specific burdens
upan the caminunity resulting from construction of the Parking
Structures, Distrxct aqrees to provide the fo~lowinq project
mitigat~on measures:
A. phygical Hitiqat~ons.
(1) Pavement treatments shall be applied to each
Parkinq Structure to mitigate nozst ~ffects as fQllaws: Pavement
to be hand trowel finished with magnes~um trowel. Finish shall
be in rotary pattern to obtain sweated swirl finish. Finish
shall be subject to architect's appraval. Medium braom finish at
right angles ta flow of traffic shall he acceptable alternate.
(2) Exterior lightinq of each Parking Structure shal~
be shielded and directed away from surroundinq residentia~ uses.
(3y openings on each level of the Parking Structures
shall be designed to eliminate direct exterior penetration of
_ a _
headlights of vehicles °~ith~n ttie Structtires. ~o ogening shall
be allowed on the west wa~l of either Park~ng Structure an the
second and third levels.
(4) Materials used for the roofs and exterior facades
of each Parkzng Structure shal; be of a non-reflect~ve nature.
(5) District shal~ pay City one-faurth (1/4) of the
cost of acquisition and znsta~Iatian of traffic siqnal
improvements at the intersectzfln of Pico Soulevard and Z6th
Street and for the left turn signal at the extension of 17th
Street at Pico Bo~levard as may be required by the City af in
City's sale discretion it determines such signal improvements are
needed.
(6) Siqnage at the Sixteenth Street exit of Lot 4
shall indicate riqht-turns only.
{7) The District sha11 reimburse the City for the
cost of installing a raised center median divider a~onq Sixteenth
5treet adjacent to the Lat Four Parking Structure exit that will
physically prevent left turn ex~ting onto Sixteenth Street.
H. air Qualitp Duriaq Construction. Equipment enqines
shall be kept in proper tune to reduce exhaust emissivns. Such
equipment shall not be operated during first or second staqe smoq
alerts. During axcavation, the site shall be watered at ~east
twice daily to prevent excessive dust, and watering shall be
increased durinq periods that wind speeds exceed 15 miles per
hour. Mud ~nd dirt shall be removed from the surreundinq streets
and publicly uaed sidewalks on a daily basis.
C. v~bial• 7-].arm Plan. Prior to issuance of a Certificate
af occupancy for either Structure, District sha11 submit a
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veh~cle aiar.n plan ~ar rev~ew a^d approva~ o~ ~he City Manager
wh~ch shali address ~eas~res the D~str~ct s^a~l take to mitigate
noise from vehzcle alarms w~~h~~ ~ot~ Parky~g Structures.
D. Water Conservation.
(1} Autamatl4 sprir,x~ers shal~ be set to water
~andscaping during even~ng an3 eariy ~orning hours only so as to
reduce ~XCSSSiV@ water requ~rer~nts due to water l~ss by
evaporation.
(2) To the extent feasible, landscaping shall
consist of drought-resistant plants and the landscaping plans
shaZl be subject to the approval of the Department of General
Services as to the water conservation features of such
landscaping.
$. rmpact~ oa Trattic nnd Neiqhborhood Durinq
construction.
(1~ vehicles hauling dirt or other construction
debris from the site shall cover any open load with a tarpaulin
or other secure covering to minim~ze dust emissions, Distrzct
shall main~ain a staging area on the Property for use by
construction firms and vehicles and s::all dssi;n ~raffi: patterns
for construction vehicles, both an-site and aff-site, in order to
n~inimize ths impact of construction activities on adjacent
streeta. Prior to the com~encement of canstruction biddinq,
District shall prepare z~ construction periad mitiqatian plan
which shall implement the items specified in this Paraqraph and
which shall address constructian hours, naise mitiqation, and the
location of construction staginq areas and Distric~ shall submit
such construction period mitiqation plan ta the Department of
- 1n ~
General 5ervices for review and appraval. In addition, o~strict
shall coaperate Wi~h the City's Depar4~en~ of General Services in
order to de~elop o4her ~utualyy ac~eptab~e means for minimazing
Pro]ect impacts.
(2) District shall prepare a canstr-uctxon vehicle
circulation and 3aily u~e p~an t~at specifies the pro~ased
constructzon routes, haurs, and dates, and ~ndicates the manner
by which the college wili reasanably seek to ~in~mize naise,
vehicle, and related impacts caused by construction activities.
~ Said plan shall ~dentzfy one or mare designated individuals who
will be responsibZe for coardinating and monitoring the
construct~on vehicle circulation use plan and ~ha will also be
available durinq norma~ offic~ hours to respand to neighborhood
resident camplaints regarding construction vehicles. District
sha11 mail a copy of said plan to all curr~nt pxoperty owners and
tenants residing within a l00 foot radius af the callege campus
boundaries. A copy of the construction vehic~e plan shall alsa
be published at least once in a~ocal daily newspaper.
F. Sasrqy Conservation. Each Parkinq Structure in the
Praject s~all c~mp3y with all pr~vi~i~ns of Title 2a of the
California Adm~nistrative Code relatinq to enerqy canservation.
a. ~ee~s~ibility. The Pro~ect's handicap accessibility
requirements shall be as determined by the Office of the State
Architect's Access Campliance Department.
7. ciL~iER~L SBRVICES REQQIREM$NTS. District ahall camp3y
wzth all requirements of the City's Oepartment af General
Services as enumerated in Exhibit C. Nothing in this Agreement
~s intended to exe~pt the Pr~;~c~ f~~~ VoTMpiiance with csrrent ~~
future require~ents of the Depart~er,~ of General Services ta
wh~ch the ~istrzct would otherw~se ~e sub]ect, and which are
applicable to other improvemer.ts «ith~n ~~e C~4y on the date any
such future requ~re~ent is p?ace3 into effect ~n t~e G~t~•.
8. CHANGES TO THE PROJECT NOT REQU~RING AMENDMENT OF
DEVEIAPMENT AGRE~MENT. If Distract desires to make any of the
follawing changes to the Pro~ect, District shall do so in
accordance with the pravisians of thzs Section. If D~.strict
desires to make any other changes to the Project, an amendment of
this Agreement shall be required.
A. Upon approva~ of ~he Zoninq Administrator, District
may, without amending this Aqreement, (i) increase the Flaor Area
af either Parking Structure ahove the respecti~e F1aor Areas set
forth in Section 3 abave, by an amount not greater than 15,D00
square feet for either Structure, pravic3ed that the tntal Floor
Area of the Pro~ect shali not exceed 440,000 square feet; t~a}
relocate the driveway accesses to the Praject kay not more thart 5
feet if approved by the City's Department of General Services;
(izi} re3ocate the exteriar walls af arty buildinq by a distance
of not mor~ tha-n 4 feet; howevex. in na case may the 16th Street
setback bs raducad as a result of such relocatian.
H. ~istrict shall f~le an applicatian to the Zoning
Administratar on a form approved by the Zoninq Administrator
which shall require District to specify the speciric char~qes
being requested and to attach plans describing such chanqes.
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C. The ~ee _°or ar~y s~;.:; a~p,_~~tzcn srall 5e equal to the
fee then establ~shed by resc'a~~~en f~r de~~el~p;~en~ zeview per~ni*.
application~.
D. The Zoning Adr~.i:~xs~raL~~ ::ay aF~rove or ~anditionally
approve the applicat3or. if re ~r she ~an3s ~hat the changes
appl~ed for wil~ noC adversely affect the co..~patibility of the
Pro~ect w~th the surroundir.g neignborhood and are harmoniaus with
the overal.l scheme of deveiop:~ent of the Pro~ect.
E. A statement of official act~an shall be issued by the
Zoninq Administrator promptly following his ~r her dec~s~on
stat~ng the dec~sion and findings Ln suppart thereof.
9. EFFSCT QF AGREEMENT ON LAND IISE REGUL~ITIOHB.
A. The City's zoning codes, ordinances, rules,
regulations, and afficia~ pol~cies governinq permitted uses,
den~ity, design, improvement, and standard~ and specifications
for the Property shall be thase codes, ord~nances, rules,
regu~ations, and official policzes of the City governing
permitted ~ses, density, design, ~Mprove~nent, and standards and
specifications generally applicable to the deve~.opment o€ real
property, as defined in the Zoninq Ordinanee, in forae at the
time of th~ execution of this Agreement, except as modified or as
otherwiso provided herein (as sa madiffed, the "Existing
Requlations"); provided, however, that:
(1) District shaZ1 be subject ta a~l increases in
City-imp~sed application and processing fees and charges with
respect to subsequent applicatians for development and
construction within the Preperty, so lonq as such fees and
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charges are of qeneral appl~cat~on an~ r.ot imposed solely with
respect to the Property,
(2} No~hing here~n sha~l pre~ent City, in subsequent
actions a~plicable to ~ha Property, (a) from app~yzng new rules,
regulations, and policies which da not conflict with Existinq
Regulations, or (b} from deny~ng or condit~ona~ly approving any
subsequent develapment pro~ect applicatlon re~ating to the
Froperty on the baszs of such new rules, reguZations, and
policies.
(3) In the event of fire or other casualty,
requirinq recons4~~uction of mare than f~.fty percent (50$) af any
buildinq previaus~y constructed hereunder, nothinq herein shall
prevent City ~rom applying to such reconsCruction a~l
requirements of City~s Su~~d2ng Cade and other construction-
related standards and specificatians then zn effect.
B. As applied to this Agreement and the Project. any
provisions ~f the Santa Monica l~iunicipa~ Code ar appendices
thereto inconsistent with the provisions of this Aqreement, ta
the extent of such inconsistencies and not further, are hereby
modified to that extent necessary to effect the provisior.s of
this Aqre~nt.
C. The desiqn features, siqnaqe, and iandscapi.nq plan for
the Pro~ect will be reviewed and approved, or conditional].y
appraved, by City's Architectural Review Board ("ARB") in
accordance with desiqn review procedures in effect under Existinq
Regu2atians. Except for desiqn features, siqnaqe, and
~andscapinq. such review shal~ not include any other aspect of
_ ~~ _
the Pra~ect which has been s~ec~~~cally approved by th~s
Agreement such as sitznq, bu~lding ~ass, or density.
D. Clty and D~strict ackno~ledge tha~ the pro~isions ~~
this Agreement are intended to ~~plement the int2nt of the
part~es that District have ~he r~ght to develop the Prolect, and
that City has the right to contr~~ development of the Property,
pursuant ta spacifi~d and know~n sLandards and rules which wlll
remain the same during the ter.n bf this Agreement. This
Agreement shall not be deemed to anter~~ct any riqht of the City
or the District, as qovernmental e~tities, ta act in accordance
with their powers, duties, and obligations.
E. City shall not be entitled to impose any mitigation
measures or fees in Iieu thereof for impacts caused by
development of the Project other than as set forth in this
Agreement and such fees as are normally charged or imgosed in
connection with the constructian af pro~ects of similar size,
such as water and sewe~ connection fees, plan eheek and building
permit fees, and other similar fees.
14. CgRTIFIC~TEB OF OCCUPANCY. Upan completian of either
Parkinq Structure constructed under this Aqreament and Contract
No. 5100 (CCS), Existinq Reqellations, and other applicable
agreem~nta hat~aen City and District, the Qistriat shall be
respons~ble for obta~ning fram OSA a Certificate of Occupancy
therefor.
11. E~1lORCal~El~l'1'; PSRIODIC RSYIEI~ O~ COf[PLIIL~ICE ~ITS
]1aREE1~E~1T. Th~s Aqreement is enfarceable by any party to it
notwithstandinq a chanqe in any applicable qeneral or specilic
- 1 5 -
p~an, zcn~ng, subdi~~isi~r~, ~r ~u~~3_^~ requlat~cr:s adepted by the
C~ty which alter or amend ~he ~x~st~~g Regulations.
The City shali rev~ew tris ~greeaent at least ance durinq
every tweive (22} montfi per~ad from ~he date th~s Agraement ~,ras
executed. Durinq each per~odic review by the C~ty, flistrict
shall be required ~o der~onstrate good faith compliance with the
ter~s of this Aqreement.
1~ . DEFAI7LT, District or C~ty shall be in default under
this Aqreement upon the happening of one or more of the folldwing
events or canditions ("Event of Defau2t"):
A. District default9 ("District Defaults"):
(1) District shal Z fai i to pay City any amount due
~nder this Agreement as and when due.
{~Z District sha~l fail to perform or compky in qood
faith w~th any of the other aqreements, terms, cavenants, ar
cond~tions of this Agreement on Di.strict's part to be parfarmed
or comp~ied with, and such nonperfortaance or noncompliance sha~l
continue for a period of thirty (30) days after written natice
from~ City, or, if such performance cannat reasonably be completed
within such thirty (~Oy day pe~iad, District shall nat in qood
faith hav coam~nc~d such performance within such thirty (30y day
period or ~a11 not dil~qent~y and continuous~y proc~~d thsrawith
to c4mpZation; providad, ho~rever, that in no evant shall su~h
cure peric~d ba extendad beyond one hundred t~+snty (120) days tro~
the date ef suah noti.ce.
(3) ]~ matarial varranty, raprasantation, ar writtan
statemant made or turnish~d by District to th• City is fals~ or
- lb -
proves to have been fa!se in any material ~espect when it was
made.
(4) A findinq and deter~~nat~on by the City Cauncil
of the City made upon the basis of substantial evidence foZlowing
a periodlc review under Sect~on 11 or otherwise o€ District's
qood faith compliance with the tex^~s of this Aqreement that
District has not co~plied in good faith with the terms ar
conditions of this Agreement.
(5) An express rep~diatian, refusal, or renunciation
af this Agraeme~t ~y District, if ~he same is in wr~ting and
siqned by the District.
H. Ci.ty def~ult ("city DefaLlt"):
(1) Czty shai~. fail ta camp~y in good faith with the
requirements hereof regarding the permitted development standards
and uses specified herein and such failure shall cantinue for a
period of thirty (30) day~ after written notice from District,
or, if auch failure cannot reasonably be remedied by City within
such thirty (30) day periad, City st~all not in good faith have
commenced to cure such fai~ure within such thirty (30) day period
or shall not di~iqent~y and continuously proceed tharewfth to
completion; providad, hawsver, that in no event shall auch cure
perivd b~ vttanded bayond one hundred twenty (iZ0) daya from the
date af auch natfce.
(2) City shall expressly repudiate, refuse, or
renot~nce th~s Aqreement in writing.
, -,
13. PRQCEDIIRE UPQN DEFAULT.
A. ~pon the occurrence of a D~surzct Default, City ~ay
terminate this Agreemen~ upcn wrztten no~~ce to D~strict or, in
Che case of a Dlstrict Defau~t ~~nder subsection i2A~4y hereof,
City ~ay ~od~fy or terr.-~nate this Aqreement pursuant to
procedures set farth in the Existing Regulations.
B. Upon the occurrence of a~ity ^efault, District may
terminate th~s Agre~ment upon written not~ce to c~ty.
C. Ail remedies at law ar in equity, ~ncluding specific
performance, which are not otherwYSe provided far in this
Aqreement or ~n the City's requZations governinq development
agreements, are availabZ~ to the parties to pursue i~ an Event of
DefauZt occurs hereunder.
D. If this Agreement is terminated on account af an Event
of Default, the riqhts, duties, and ob~xgations of the parties
hereunder shall cease as of the date of such termination. ~f
City is the tertninating party, then any and all benefits,
inclvdinq maney received by the City, shall be retained by City.
Notwithstanding any other provision of this Agreement to the
contrary, District's and City's obiigations to pay or perform
ab~igations incurred or accrued prior to the date of any
termination ot this Agreement shall survive any such termination
and shall ba enforceable after ~~ch terminatian.
14. NOTICE O~ TER~IINaT~ON. Upon termination o~ this
Aqreement, the parties hereta shall execute an apprcpriate notice
vf terminat~on suitable for recording in the Off~ctal Records of
Los Anqeles County.
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15. DQRATI4N OF AGREEHENT. :his Agreement sha~l exp~re
twenty-five {25) years fro~ executzo~ hereo~. After expiration
or full sat~sfaction ~he par~le~ shall axecvte an appropr~ate
cert~ficate af ~ez:.~~nat~on ~^,c~ snall be recorded ~n the
Official Records of Las ~ngeies Cour.ty.
15. SIIPERSED~RE BY SUBSEQ~ENT LAWS. If any aqency ather
than City passes any law or regu~aticn ("Law") after the date of
this ~~~eement whlch r_zvents or prec~udes compliance with one or
more provisions af this Aqreement, then the parties sha12 meet
and canfer in good faith to determine the feasibility af
modifying ar suspendinq ane or more provis~ons of this Agreement
to c;mply with such new Law based on the effect such modification
or suspension would have on the purposes and intent of this
Aqreement. In additian, ~istrict shall have the riqht to
challenqe the new Law preventing compliance with the terms of
this Agreement, and, in the event such challenge is s~ccessfu~,
this Aqreement shall remain unmodified and in full force and
effect.
17 . T~Sl~iE'~IEB CUI~IILATIVE . ; ny right or remedy .~f either
party in this Aqreement and any other right or remedy that that
party may have at law or equity upon the ather's breach of any
covenant, aqreement, term, provision, ar condition in this
Agreement shall be distinct, separate, and cumulative riqhts or
remediea and no one of them, wnEther exercised by that party or
nvt, shall ba deemed to be in exc~usion of any other. Each garty
may, in its discretivn, exercise any and all thereaf, at once ar
_ ~ e _
in suc~ession, at such t~:~e o~ ti~es as t~e part7 ~ansiders
appropriate.
28. NOTICE8, Any notice, de~and, request, consent,
appr~va~, or ~o:nmunacation whi~h e~~he~ party ~s required to or
may give to the other hereun3er shal~ be in w~~tinq and shall be
delivered ar addressed ~~ ~he other at the address below set
farth or to such other address as e~ther party may fram time to
time direct by written notice given in the manner herein
prescribed, and such notice or co:nmunication shall be deemed ta
have been qiven or made whan communicated by persana~ delivery or
by independent courier serv~ce or by facsimile, or if by mail, an
the second business day after the deposit thereof in the Urrited
States mail, postage prepaid, registered ar certified, addressed
as hereinafter provided. Ali notices, demands, requests,
consents, approvals, or communications from DistriCt to City
shall be addressed ta City at:
City of Santa Monica
~.685 Main Street
Santa Monica, Cal~fornia 90401
Attention: City Manager
With Copies to: City Attarney
1685 Main Street, Third Floor
Santa Monica, Cal~fornia 90401
Attentian: City Attorney
And ta, Director of Cammunity and Economic
Develapment
City of Santa Monica
2585 Main Street
Santa Manica, California 90401
Attention: Director
And to, Director o~ Planning
City af Santa Monica
2685 Main Street
, Santa Monica, California 90401
Attentian: Directar
_ ~n _
~
All no~ices, demands, re~~;es~s, ~onsents, a~provals, or
communicatians fro~ C~ty ta C~strx~~ shail be addressed ~o
~istrzct at:
Santa Monica Ca~rs,iun~ ~y Col lege 7~strict
~ffice of the Super~ntendent
and President
1900 Pico Sou~evard
Santa Manica, Ca~lfornia 90~05
Attenticn: Superinter.~ent and
President, L'RGENT
with cop~es ta: Business Servic~s
Santa Monica College
~900 Pico Soulevard
Santa Mon~ca, Cal~fornia 90405
Attention: Deputy Super~ntendent
Z 9. INDEI~IIF I CATION .
A. City sha12 ha~e no Ziabiiity of any kind whatso~ver
for, ~.n cannection wzth, or as a result of the Fra~ect, ar any
portion of the Praperty, or the condition thereof or the
ownership or operation thereaf, ar any act or occurrence that
occ~r~ thereat or in cortnection therewith, at any time during the
term af this Aqreement, whether for any damaqe ar injury to any
persons whatsoever or ta any praperty of District or of any other
person for any reason whatsoever, including, without limitation,
thase occasioned by or arising £rom:
1. The demolitian of axist~ng buildinqs, if any, or
the construction, operation, ar maintenance of the Project or any
improvements upon any portion of the Praperty, or the condition
of any portion of the Property.
2. Any conduct, act, ar amission of City, its agents
or employees except for any claim aqainst city for any injury or
damaqe to District or any other persan which was caused by the
- 21 -
~
negl{yen~e .._ r~ck~es~ cr «~~~fs~ ..._sco^d:~c~ c` ~~..., c~ ~"~Y „~
its a~ents or e::ployees, t~ t;e extent not ~avered ny ~nsurance.
B. Distr~ct agrees t~ ~ndemnlfy, defend, and :^.013
harmless, City, =~s C~ty ~osr.c~~ boar~s and com~niss~ans,
of€icers, ager.ts, and e^-plcr-ees fro~n 3n~ against:
(i) Any and a;~ acti~ns, cause5 0~ actian,
obZ~qaticns, Iosses, ~~ab~I~~zes, damages, irauries,
claims, and demands oi a^y ici^d whatsoever that ~ay re~ult
fram any claim, assert~on, or imposit~on against Caty by
any person of any liab;lzty or claim therefor for any
matter ar of any kind as ta which City is to have no
Iiabi~ity as provided in su~sectian (a) of thxs Section, as
well as all costs and expenses includinq, without
limitation, attorneys' fees, relatinq thereto reqardless of
the merit or outcome thereof;
(2) Any and all penalties, fines and prasecutians,
suits for abatement of any public or private nuisance and
the ia~position against City af any liens, as well as any
costs or expenses (~ncluding, without limitation,
attorneys' fees) reiated to arty such claims, penalties,
fine~, prasecutions, sui*s and impositions, regardless of
the merit or outcame thereof;
which ocaur durinq or relate to the term of this Aqreement, and
which arise ~ut of District's operat~on, business, or any other
acts or omissions of Distr~ct with resgect to any portion of the
Property, or out of any u~e or occupancy of any portion ef the
Froperty by District or any ather person during the term of thie
Agreement~ or out af any condition nf any portian of the Property
_ ~2 _
R
3u~wng ~:~e ~e::a o~ ~^is ~~r?ET~e~~, ~_ ~L~ ~~ a^y default b}~.
Dist;~et in *he perfor:'~ance o~ ~~ser'~arce of any obiigat~on or
District'S part to be per°cr:-~u ~.:^d~r ~::~s ~~reement or aut of
any Failure by Dis~rict t~ ~~:^~ls w~}~:. ar~y 1ega1 reqtiire~nents ar
app~icable agreer~en=s cr ~~vp%j~~ts wzt:~ respect to any use,
occupancy or condi~ion or., ;F, ~~ awout any part~on of the
Property; provzded, however, ~:-:a~ ~~tr, ~ts City Counc~l, boards
and commzss~ons, cfficers, agents, a:~d e~nployees sha11 not be
entit3.ed to indemnificaCion for da:~:age caused to such ~ndemnified
pa~ty by reason of suct~ ~nder~rsi~ied party's own negligence or
wil~.ful act or wiliful amission.
~0. NO ORPiL M4DIFICATION. No statement, actian, or
agreement hereafter made shall be effective to change, amend,
waive, mod~fy, discharge, terr.~inate or effect an abandonment of
this Aqreement ~n whole ar in part unless sucn statement, action,
or agreement ~s in writinq and signed by the party against wham
such chanqe, amendment, walve;, modification, discharge,
tertaination, or abandonment xs sought to be enfarced.
21. B~v~RABILITY~ INVl~LILITY OF PARTICIILAR PROVISIONB. If
any term or provision of this Agreement or the application
thereof to any person or circumstances shall, to any extent, be
invalid ar unenforceable, the remainder of this Aqreement, or the
application of such term or provision to persons cr circumstances
ather than thase to which it is held invalid ar unenforceable,
shall not be affected thereby, and each other term and provisian
of this Agreement sha~l be va~id and enfarced to the fullest
extent permitted by law.
_ ~z _
22. ATTORNEX'6 FEES. ~~ ~a~e s~i~ s~a11 be brouy^~t
because of breach o~ al'eye: ~rea=^~ ~f any covenant or condition
herein conta~.ned an the ~a~ L o~ ~is~r~ct ar City to be icept or
performed, the prevailir.~q pa~~r snal~ ce entitied to reasonable
attarneys' fees ~n addit~on to court costs and any and a1~ other
costs recoverable ~n sazd act~on. Su~~h attorney's fees shall be
deemed to have accrued vr, t^e ~~m.^~ence:~ent of such action and
shall be paid whether or :,c~ suc~: ac~~on is prosecuted to
~udgment. rn any case where this Agree~ent provides that eithe~
party is ent~.tZed to recover its attorney's fees from the other,
the recoverzng party shalZ be entitled to recover an amvunt equal
to the fair market value af services provided by attorr~eys who
are employed by the recovering party as we11 as any attorneys'
fees actuaily paid by the recovering party to third parties.
23, E7CHIBITB. All exhibits attached hereto ard/or
referred to an th~s Ag~eement are zn~arporated herein as though
set forth in full.
24. C~NSTRUCTION. The parties agree that each party and
its Counsel have revlewed and revisc:: this Agreement and that any
ru~e of construction ta the effect that amb~guities are to b~
resa2.ved against the drafting party shall nat apply in the
interpret~tion of this Agreement Qr any amendments or exhibits
thereto.
2S. C002+TT$RPARTB. This Agreement may be executed ~n
se~eral counterparts, each of which sha~~ be deemed an oriqinal,
- 2 4 --
.
and such counterpar~s sha~_ c~:~s~~~:~~e ~.u~ cne and the same
ir,~trument.
26, RECORDING OF AGREEM~NT. :he parties hereto shali
cause this Agreement ta be recar3e~ ~n ~:~e Offi~ial Racords of
the Caunty of Las Angeles. The cost, if any, of recflrdznq this
Aqreement shail be borne by D~str~ct.
IN WITNESS WHEFtEOF, the garties hereCo have duly executed
this Agreement as of the day and year fzrst above written.
CITY OF SANTA MONICA,
a munscipaz carporation
#7p'~- . .
By
JOHN JALILI
City Manager
APPROVED AS TO FORM:
(1•,,~-(.,`K.,~' Y.~'ti..
ROBERT M. MYERS J
City Attorney
SANTA MONIGA COMMLJNITY COLLEGE
DISTRICT
BY~
LMCDA172/hpw