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0. L�tiO INSURANCE NOTY PROCEED
SFe CLERK OF COUNCIL
A-2020-170
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FIRST AMENDMENT TO AGREEMENT OF PURCHASE AND SALE AND ESCROW
INSTRUCTIONS
This RIRST AMENDMENT TO AGREEMENT OF PJJR� C���H�ASE AND SALE AND
ESCROW INSTRUCTIONS (this "Amendment"), dated as,ofA— 16y, 2020, is made and
entered into by and between In-N-Out-Hurg&ng; a California corporation ("Buyer'), and the City of
Santa Ana, a California charter city and municipal corporation ("Seller').
WITNESSETH:
WHEREAS, Seller and Buyer entered into that certain Agreement of Purchase and Sale and
Escrow Instructions, dated effective as of November 21, 2017 (the "Agreement'), regarding certain
Property (the "Pro a ") located in the City of Santa Ana, County of Orange, State of California and
more particularly described and depicted in the Agreement;
WHEREAS, Seller and Buyer have agreed to amend the Agreement on the terms hereinafter set
forth;
NOW, THEREFORE, in consideration of the agreements hereinafter set forth and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller and Buyer
agree as follows:
Recitals. The foregoing recitals are true and correct and are incorporated herein by
reference.
2. Defined Terms. All capitalized terms used herein and not expressly defined shall have
the meaning given to them in the Agreement.
3. Opening, Covenant. The phrase "eighteen (18) months" in the first sentence of Section
2(a) is hereby deleted in its entirety and replaced with the phrase "twenty-four (24) months".
4. Controlling Agreement. To the extent any provisions contained herein conflict with the
Agreement, the provisions contained herein shall supersede such conflicting provisions contained in the
Agreement. Except as modified herein, Seller and Buyer hereby represent and warrant that the
Agreement remains in full force and effect and is hereby reaffirmed and ratified by both Seller and Buyer.
5. Counterparts, Facsimiles. This Amendment may be executed in a number of identical
counterparts, each of which for all purposes is deemed an original, and all of which constitute collectively
one agreement. Signatures to this Amendment may be transmitted via facsimile or scanned and emailed,
and delivery thereby shall be deemed sufficient for all purposes to the same extent as would be delivery of
an original signature.
[SIGNATURE PAGES FOLLOW]
IN WITNESS WHEREOF, Buyer and Seller have executed this Amendment as of the day and
year first above written.
"BUYER" IN-N-OUT BURGERS, a California corporation
By:
6 ki�--
Carl Arena
Vice President of Real Estate
[Signature Page to First Amendment]
A-2020-170
"SELLER" CITY OF SANTA ANA,
a California charter city and municipal corporation
By: Kr�i
istine Ridge
City Manager
ATTEST: By:
Daisy Gomez
Clerk of the Council
APPROVED AS TO FORM: By: IV.-, -f�L
J M. Funk
Assistant City Attorney
RECOMMENDED FOR
APPROVAL: 1
By:
abil Saba, P.E.
Executive Director of Public Works
[Signature Page to First Amendment]