HomeMy WebLinkAboutCARIBOU INDUSTRIES (6)A-2020-207
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CLERK OF COUNCIL
SECOND AMENDMENT TO
SECOND EXCLUSIVE NEGOTIATION AGREEMENT
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Second Amendment to Second Exclusive Negotiation Agreement is made and
entered into this 20`s day of October, 2020, by and between CARIBOU INDUSTRIES, INC., a
Nevada corporation ("Developer"), and the CITY OF SANTA ANA, a charter city and
municipal corporation, organized and existing under the Constitution and laws of the State of
California ("City").
RECITALS
A. The City and Developer entered into Second Exclusive Negotiation Agreement
No. A-2019-062, dated May 7, 2019, in order to provide a specified period of
time to attempt to negotiate a disposition and development agreement ("DDA")
("said Agreement").
B. On April 22, 2020, the City and Developer entered into a First Amendment to said
Agreement, No. A-2020-071, in order to extend the Term of Agreement to extend
the Negotiation Period until November 6, 2020.
C. In accordance with the terms and conditions of said Agreement, the Parties desire
to again amend the Term of Agreement section to extend the Negotiation Period
for an additional sixty (60) days, until January 5, 2021.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions of said Agreement, except as herein modified, the parties agree as follows:
1. Section 2, Term of Agreement, subsection (a), shall be amended to extend the
Negotiation Period for an additional sixty (60) days, until January 5, 2021.
2. Section 2, Term of Agreement, subsection (d), shall be amended to read as
follows:
"The Negotiation Period may only be extended by approval of the City
Council."
3. Except as hereinabove modified, all terms and conditions of said Agreement shall
remain in full force and effect.
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A-2020-207
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Second
Exclusive Negotiation Agreement the date and year first above written.
CITY OF SANTA ANA
ATTEST:
' DAISY GOMEZ
Clerk of the Council
APPROVED AS TO FORM:
SoniaR. Carvalho
City Attorney
By: Q —
RYM 0. VODGE
Assi ant City Attorney
RECOMMENDED FOR APPROVAL:
STEVEN A. MENDOZA
Executive Director
Community Development Agency
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TINE RIDGE'
City Manager
Industries, Inc.
Dated: fs�d/ZQ
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