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O2313City Council Meeting: May 25, 2010 Santa Monica, California ORDINANCE NO. 2313 (CCS) (CITY COUNCIL SERIES) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING THE ACT OF ENTERING INTO CERTAIN LEASE AND REIMBURSEMENT AGREEMENTS WHEREAS, the Redevelopment Agency of the City of Santa Monica (the "Agency") has authorized the acquisition of the property located within the City of Santa Monica (the "City") commonly known as 1301 - li33 Fourth Street (the "Property); and WHEREAS, the Agency proposes to acquire the Property through a Purchase and Sale Agreement, receiving fee title to the property subject to installment Agency promissory notes in favor of the sellers and, under the proposed transaction, the Agency would lease the property to the City ("Agency Lease"), and the City and Agency would enter into a Reimbursement Agreement so that Agency funds would reimburse the City for the annual rent payments; and WHEREAS, under the proposed transaction, the Agency Lease would not exceed 99 years, the City's annual lease payments would not extend beyond 2042 nor exceed the total sum set forth in Exhibit A attached hereto, and the City will have the option to purchase the Property from the Agency for $1.00 at the end of the lease; and 1 WHEREAS, the rental payments to be made by the City pursuant to the Agency Lease will be used by the Agency for payment of the Agency's promissory notes or other evidences of indebtedness to finance the purchase of the Property; and WHEREAS, the Agency'constitufe's a "public leaseback corporation," as such term is defined in subsection (c) of Section 54240 of the California Government Code; and WHEREAS, the proposed Lease and Reimbursement agreement constitutes a "public leaseback," as such term is defined in subsection (b) of Section 54240 of the California Government Code; and WHEREAS, Section 54241 of the California Government Code provides that no public lease back, the term of which will exceed five years or more, shall be entered into until the act of entering into a formal agreement with the public leaseback corporation shall have been approved by ordinance; and WHEREAS, the City desires to approve, by this Ordinance, the act of entering into the Agency Lease and the act of entering into the Reimbursement Agreement; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN, AS FOLLOWS: The act of entering into the Agency Lease is hereby approved. Section 1. The act of entering into the Reimbursement Agreement is hereby approved. 2 Section 2. This Ordinance is subject to the provisions for referendum applicable to the City. 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 competer_t 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 this 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 published once in the official newspaper within 15 days after its adoption.. This Ordinance shall become effective after 30 days from its adoption. APPROVED AS TO FORM: -~a~~f~ Mar ha Jo es outrie Cit Attor ey 3 Approved and adopted this 26tt' day of May, 20~ :~ ~~ Bobby Shri er, Mayor State of California ) County of Los Angeles) ss. City of Santa Monica ) I, Maria Stewart, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 2313 (CCS) had its introduction oh May 11th, 2010, and was adopted at the Santa Monica City Council meeting held on May 25th, 2010, by the following vote: Ayes: Council members: Bloom, Holbrook., Davis, McKeown Mayor Pro Tem O'Connor, Mayor Shriver Noes: Council members: None Abstain: Council members: None Absent: Council members: O'Day A summary of Ordinance No. 2313 (CCS) was duly published pursuant to California Government Code Section 40806. ATTEST: ~1 i ~.,- 1 •- Maria Stewart, City clerk