HomeMy WebLinkAboutCARIBOU INDUSTIRESA-2020-071
",AANCE NOT REQUIRED
WORK MAY PROCEED
CLERK OF COUNCIL
FIRST AMENDMENT TO
o CA(AL„"O'd 4y is SECOND EXCLUSIVE NEGOTIATION AGREEMENT
This Firggt Amendment to Second Exclusive Negotiation Agreement is made and entered
into this _JZ'"$ay of April, 2020, by and between CARIBOU INDUSTRJBS INC., a Nevada
ocorporation ("Developer"), and the CITY OF SANTA ANA, a charter city and municipal
corporation, organized and existing under the Constitution and laws of the State of California
cfl ("City").
0
RECITALS
A. The City and Developer entered into Second Exclusive Negotiation Agreement
No. A-2019-062, dated May 7, 2019, in order to provide a specified period of
time to attempt to negotiate a disposition and development agreement ("DDA")
("said Agreement').
B. In accordance with the terms and conditions of said Agreement, the Parties desire
to amend the Term of Agreement section to extend the Negotiation Period for an
additional six (6) months, until November 6, 2020, which may only be extended
by approval of the City Council prior to October 23, 2020.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions of said Agreement, except as herein modified, the parties agree as follows:
Section 2, Term of Agreement, subsection (a), shall be amended to extend the
Negotiation Period for an additionalsix4,6)-months until November 6, 2020.
2. Section 2, Term of Agreement, shall be amended to add subsection (d) to read as
follows:
"The Negotiation Period may only be extended by approval of the City
Council prior to October 23, 2020."
3. Except as hereinabove modified, all terms and conditions of said Agreement shall
remain in full force and effect.
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IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Second
Exclusive Negotiation Agreement the date and year first above written.
CITY OF SANTA ANA
ATTEST:
i Ir.
DAISY . EZ
Clerk of the Council
APPROVED AS TO FORM:
Sonia R Carvalho
City Attorney
By:
14q�—
RYA$ O. IODGE
Assis ant City Attorney
RECOMMENDED FOR APPROVAL:
CJV L
STEVEN A. MENDOZA
Executive Director
Community Development Agency
STINE RIDGEf
City Manager
Dated: r 1� ,ZC�
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