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A-2020-207 <br />� !:'vcURANCENO7REWIRED <br />C\, VVG!1 K tiiAY MOCEED <br />CLERK OF COUNCIL <br />SECOND AMENDMENT TO <br />SECOND EXCLUSIVE NEGOTIATION AGREEMENT <br />p-CWAIV)� <br />Second Amendment to Second Exclusive Negotiation Agreement is made and <br />entered into this 20`s day of October, 2020, by and between CARIBOU INDUSTRIES, INC., a <br />Nevada corporation ("Developer"), and the CITY OF SANTA ANA, a charter city and <br />municipal corporation, organized and existing under the Constitution and laws of the State of <br />California ("City"). <br />RECITALS <br />A. The City and Developer entered into Second Exclusive Negotiation Agreement <br />No. A-2019-062, dated May 7, 2019, in order to provide a specified period of <br />time to attempt to negotiate a disposition and development agreement ("DDA") <br />("said Agreement"). <br />B. On April 22, 2020, the City and Developer entered into a First Amendment to said <br />Agreement, No. A-2020-071, in order to extend the Term of Agreement to extend <br />the Negotiation Period until November 6, 2020. <br />C. In accordance with the terms and conditions of said Agreement, the Parties desire <br />to again amend the Term of Agreement section to extend the Negotiation Period <br />for an additional sixty (60) days, until January 5, 2021. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the <br />terms and conditions of said Agreement, except as herein modified, the parties agree as follows: <br />1. Section 2, Term of Agreement, subsection (a), shall be amended to extend the <br />Negotiation Period for an additional sixty (60) days, until January 5, 2021. <br />2. Section 2, Term of Agreement, subsection (d), shall be amended to read as <br />follows: <br />"The Negotiation Period may only be extended by approval of the City <br />Council." <br />3. Except as hereinabove modified, all terms and conditions of said Agreement shall <br />remain in full force and effect. <br />Page 1 of 2 <br />