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2. Repurchase Right. Section 6.2.4 of the Agreement is hereby amended by deleting <br />the first sentence of Section 6.2.4 and substituting the following in lieu thereof-. <br />-6.2.4 Repurchase Right. Buyer hereby represents and guaranties that, subject to <br />a Permitted Delay (as defined herein), Buyer's tenant shall open for business to the public on the <br />Property as a drive-thru restaurant or a drive-thru cafe (the "Opening Covenant") on or before the <br />date that is forty-eight (48) months following the Close of Escrow (the "Opening Deadline")."' <br />3. Consistency. Notwithstanding anything contrary contained in this First <br />Amendment, to the extent the terms and provisions of this First Amendment are inconsistent with, <br />conflict with or are contrary to the terms and conditions of the Agreement, the terms and conditions <br />of this First Amendment shall govern and control. <br />4. Effect. Except as specifically amended herein, the tenns, covenants and conditions <br />of the Agreement are and shall remain in full force and effect and are binding and enforceable <br />against Buyer and Seller. <br />IN WITNESS WHEREOF, the Parties hereto have duly executed this First Amendment as <br />of the date and year first written above. <br />ATTEST <br />Me - <br />Print Name: Jennifer L. Hall <br />City Clerk <br />APPROVED AS TO FO . <br />By: <br />rint Name: Jonathan artinez <br />Title: Assistant City Attorney <br />RECOMMENDED FOR APPROVAL: <br />Digitally signed by <br />Nabil Saba Date:2o 4.09.30 <br />By: 16:38:20-07100' <br />Print Name: Nabil Saba <br />Title: Executive Director <br />Public Works Agency <br />2 <br />8.1.24 CAB <br />CITY OF SANTA ANA <br />By: <br />Print Name: Alvaro Nunez <br />City Manager <br />BRISTOL CENTER PROPERTIES, <br />LLC, a California limited liability <br />company, as successor in interest <br />to Southwest Properties Group, LLC <br />0 mff / <br />