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SR-410-015 (3) "- . . '6-6 NOV Z 8 1989 Monica, California CA:RMM:rmd996b/hpca City Council Meeting 11-28-89 cfltJ-~/S- Santa STAFF REPORT TO: Mayor and City Council FROM: city Attorney SUBJECT: Ordinance Approving the Development Agreement Between Reliance Development Group, Inc. and the city of Santa Monica At its meeting on November 14, 1989, the City Council introduced for first reading an ordinance approving the development agreement between the City and Reliance Development Group, Inc. The ordinance is now presented to the City Council for adoption. RECO,MMENDATION It is respectfully recommended that the accompanying ordinance be adopted. o-E N.O\J tJ 0 \~O~ f ,.... ...J . e CA:RMM:rmd995/hpca City council Meeting 11-28-89 Santa Monica, California ORDINANCE NUMBER l503(CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING THE DEVELOPMENT AGREEMENT BETWEEN RELIANCE DEVELOPMENT GROUP, INC. AND THE CITY OF SANTA MONICA THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. The Development Agreement attached hereto as Exhibit itA" and incorporated herein by reference between Reliance Development Group, Inc., a Delaware corporation, and the City of Santa Monica, a municipal corporation, is hereby approved. SECTION 2. Each and every term and condition of the Development Agreement approved in Section 1 of this Ordinance shall be and is made a part of the Santa Monica Municipal Code and any appendices thereto. The City Council of the City of Santa Monica finds that public necessity, public convenience, and general welfare require that any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Development Agreement, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to make fully effective the provisions of this Development Agreement. - 1 - I " . . SECTION 3. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance. SECTION 4. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 5. The Mayor shall sign and the city Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be publ ished once in the off icial newspaper within 15 days after its adoption. This Ordinance shall become effective after 30 days from its adoption. SECTION 6. This Ordinance and the attached Development Agreement between ReI iance Development Group, Inc., a Delaware corporation, and the city of Santa Monica shall be void and of no further force or effect if, following a referendum petition: (1) the city council repeals Resolution Number 7917 (CCS) in lieu of sUbmitting it to the voters for their approval as provided for in - 2 - ,- ., . . Elections Code Section 4055 or (2) a majority of voters voting on the Resolution fail to approve Resolution Number 7917 (CCS). APPROVED AS TO FORM: ~W\.~ ROBERT M. MYERS City Attorney - 3 - .... .f . . Adopted and approved this 28th day of November, 1989. D~ Ma2 ~~ I hereby certify that the foregoing Ordinance No. 1503 (CCS) was duly and regularly introduced at a meeting of the City Council on the 14th day of November 1989: that the said Ordinance was thereafter duly adopted at a meeting of the city council on the 28th day of November 1989 by the following Council vote: Ayes: Councilmembers: Abdo, Jennings, Reed, Mayor Zane Noes: Councilmembers: Finkel, Genser, Katz Abstain: Councilmembers: None Absent: councilmembers: None ATTEST: A1/~ ci ty Clerk I ---