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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 café(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 terms,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 CITY OF SA TA ANA <br /> xt• C <br /> By: w"V- _ By: v <br /> P ' Name:Jenn fer L. all Print Name:Alvaro Nunez <br /> City Manager <br /> APPROVED AS TO FO : <br /> By: <br /> rint Name:Jonathan . artinez <br /> Title:Assistant City Attorney <br /> RECOMMENDED FOR APPROVAL: BRISTOL CENTER PROPERTIES, <br /> LLC,a California limited liability <br /> Digitally signed by <br /> Nabil Saba Nabil Saba company,as successor in interest <br /> Date:2024.09.30 <br /> By: 16:38.20-07'00' to Southwest Properties Group, LLC <br /> Print Name:Nabil Saba J►��,�z���iW <br /> Title: Executive Director By: <br /> Public Works Agency Print Name: N�,G b j f oO f t>3M <br /> Title: 'J( y Gg� <br /> 2 <br /> 8.1.24 CAB <br />