SANTANA GREEN DEVELOPMENT, LLC (3)

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A-2024-204 WURANCE NOT REQUIRED WORK MAY PROCEED CITY CLERK DATE: DEC 17 2024 FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT 0= PwN(Z) THIS FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT ("First Amendment") is made and entered into this 3rd day of December 2024 ("Effective Date") by and between SANTANA GREEN DEVELOPMENT, LLC, a California limited liability company ("Buyer" or "Owner") and the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing Linder the Constitution and laws of the State of California ("Seller" or "City"). As used herein, Buyer and Seller may be referred to collectively as the "Parties" and each individually as a "Party." RECITALS A. The Seller and Buyer entered into that certain Purchase and Sale Agreement dated the 15`h day of December 2021 ("Agreement") for the sale by the Seller to the Buyer of the City's fee simple interest in that certain real property consisting of approximately 17,415 square feet located at 2235 S. Bristol Street (APN 015-194-40) and 1211 W. Wainer Street (APN 015-194- 37), Santa Ana, California, legally described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property"). B. The close of escrow occurred on July 1, 2022 ("Close of Escrow") and a grant deed was recorded transferring fee simple interest from the Seller to the Buyer, a copy of which is attached hereto as Exhibit "B" and incorporated herein by this reference ("Grant Deed"). C. The Parties now desire to amend the Agreement in connection with certain conditions and covenants that survived the Close of Escrow. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, and other good and valuable condition, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Incorporation of Recitals. The Recitals set forth above are true and correct and are incorporated into this First Amendment in their entirety. 2. Repurchase Right. Section 6.2.4 of the Agreement is hereby amended by deleting the first sentence of Section 6.2.4 and substituting the following in lieu thereof: "6.2.4 Repurchase Right. Buyer hereby represents and guaranties that, subject to a Permitted Delay (as defined herein), Buyer's tenant shall open for business to the public on the Property as a drive-thru restaurant or fuel station with an integrated electric vehicle charging 1 8.1.24 CAB