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station (the "Opening Covenant') on or before the date that is forty-eight (48) months following <br />the Close of Escrow (the "Opening Deadline"). <br />3. Consistency. Notwithstanding anything contrary contained in this Agreement, to <br />the extent the terns and provisions of this First Amendment are inconsistent with, conflict with or <br />are contrary to the terms and conditions of the Agreement the terms and conditions of this First <br />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 WREREOF, the Parties hereto have duly executed this First Amendment as <br />of the date and year first written above. <br />APPROVED AS TO FORM: <br />By: <br />onathan T. Martinez <br />Assistant City Attorney <br />RECOMMENDED FOR APPROVAL: <br />Di9"tysigne by Nabil <br />Nabil Saba o W:2024.11,8 <br />gv43:14 aSW <br />Nabil Saba <br />Executive Director <br />Public Works Agency <br />8.1.24 CAB <br />CITY OF SAN AANA <br />By: A"�I_ <br />Alvaro Nunez <br />City Manager <br />SANTANA GREEN <br />DEVELOPMENT,LLC, <br />a California limited liability company <br />By: e4AZZicGCLC! wealz�z w <br />Print Name: Mehrdad Houriani <br />Title: Manager <br />