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O2325City Council Meetirig: 9-28-10 Santa Monica, California ORDINANCE NUMBER 2325 (CCS) (City Council Series} AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING THE DEVELOPMENT AGREEMENT AMENDMENT NUMBER THREE BETWEEN THE CITY OF SANTA MONICA, A MUNICIPAL CORPORATION, AND CSHV ARBORETUM, LLC, A DELAWARE LIMITED LIABILITY COMPANY FOR THE PLAZA AT THE ARBORETUM THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The Development Agreement Amendment Number Three attached hereto as Exhibit 1 and incorporated herein by reference between the City of Santa Monica, a municipal corporation, and CSHV ARBORETUM, LLC, a Delaware limited liability company for Plaza at the Arboretum 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with the provisions of this Development Agreement, to the extent of such inconsistencies and no further; be repealed or modified to that extent necessary to make €u!!y of€sctive the provisions o€ this [~eveloptnent Agreement. ~ECTlO~! 5. The tvtayor sha!! sign and the City Clerk shall a#test to the passage o€ this Ordinance. The City OEerk sha!! cause the same to be published 2 once in the official newspaper within '# 5 days after its adoption. This f~rdinance shall be effective 30 days from its adoption. APf'Rf~VEC~ RS TC} FC31~~: ~Gx ~ ,~u-e- _ ~R SNA ~8 iv1C7 TF2l~ fit ttor Approved and adopted this 28th day ¢f September, 2010 n `~G' ( `~ Bo y Sh ver, Mayor State of California ) County of Los Angeles ) ss. City of Santa Monica ) I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 2325 (CCS) had its introduction on September 14th, 2010, and was adopted at the Santa Monica City Council meeting held on September 14th, 2010, by the following vote: Ayes: Council members: Bloom, Davis, Holbrook, McKeown, O'Day Mayor Pro Tem O'Connor, Mayor Shriver Noes: Council members: None Abstain: Council members: None Absent: Council members: None A summary of Ordinance No. 2325 (CCS} was duly published pursuant to California Government Code Section 40806. ATTEST: Maria M. Stewart, Cit~k Clerk