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SR-05-14-1985-5A ~ . tfIO~OOS . g-B HAY 1 4 198'5 Call fOt~nla CA:RMM:rmcpla CIty CouncIl MeetIng 5-14-85 Santa MonIca, STAFF REPORT S-A MAY 2 1 \985 TO: Mayor and CIty CounCIl FROM: CIty Attorney SUBJECT: OrdInance ApprOVIng Amendment Number 3 to Development Agreement WIth Colorado Place LImIted to Extend CertaIn Time PerIods On March 25, 1985) Colorado Place LImited ("CPL"J requested that the CIty approve amendments to the Development Agreement to extend the tIme perIod to proceed WIth Phase II of Colorado Place. In response to thIS request, the CIty has negotIated ail approprIate amendment to the Development Agreement for presentatIon to the CIty CounCIl. The Development Agreement between CPL and the City provIdes for a two phase development of property surrounded by Broadway, 26th Street, Colorado Avenue, and Cloverfleld. The phySical constructIon of Phase I of the project has been completed. Phase 2 of the proJect WIll conSIst of offIce bUIldIngs, a hotel, and a publIC park. The proposed amendment to the Development Agreement conSIsts of four changes descrIbed as follows: 1. Paragraph 4 of the Development Agreement has been amended to change from August 1, 1985, to August 1, 1986, the t Hue pe r 1 ad in whIch CPL may satIsfy the condItions of a trust 1 P-B MAY 1 4 1985 5-~ IlAYZl,. -- . . agreement provIdIng for the transfer of the Phase II property to CPL. 2. Pdt'agraph 10(a) of the Development Agreement has been amended to change the begHlnIng constructIon date for Phase II from August 1 , 1985, to August 1 , 1986. 3. Paragraph 10(b) of the Development Agt'eemen t has been changed to adJust the completIon date for Phase I and Phase I I from eIght years to ten years after commencement of construction. 4. Paragraph 23 of the Development Agreement has been amended to change the address to WhICh notIces are sent to reflect the change In general partners of CPL. Chapter 8 of ArtIcle IX of the MunICIpal Code contaIns procedures for the proceSSIng of development agreements. Chapter 8 applIes to "(a]ll development agreements entered Into after the effectIve date of thIS Chapter " MunICIpal Code SectIon 9800. The proposed amendment to the Development Agreement does not relate to the phYSIcal development of the property and does not present plannIng or envIronmental concerns WIthIn the scope of the PlannIng CommISSIon's JurISdIctIon. lAmendment Number 1 to the Development Agreement relatIng to parkIng was referred to the PlannIng Commlsslon because It ralsed varIOUS parklng and envIronmental concernsj Amendment Number 2 to the Development Agreement relatlng to mortgagee protectlon was not referred to the Plannlng CommIssIon.) Thus, referral to the Plannlng CommISSIon IS unnecessary. 2 ........~......- .. . . RECOMMENDATION It 1S respectfully recommended that the accompanYlng ordInance be lntroducted for flrst readlng. PREPARED BY: Robert M. Myers, Clty Attorney 3