HomeMy WebLinkAboutCARIBOU INDUSTRIES (2)A-2018-003
INSURANCE NOT REQUIRED
WORK MAY PROCEED
CLERK OF COUNCIL&
FEB 0 5 2018
FIRST AME NDMENT TO REIMBURSEMENT AGREEMENT
0 C QA 0'� THIS FIRST AMENDMENT TO REIMBURSEMENT AGREEMENT is made and
It4.c. F,,,stkpntered into this <o day of January, 2018, 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 Consultant entered into Reimbursement Agreement No. A-2017-
058, dated April 27, 2017, to establish the terms and conditions upon which
Developer will reimburse City for bona fide, actual costs paid and/or costs accrued in
connection with and directly related to the Project and the negotiation and execution of
the DDA, if any, such as expenses for engineers, architects, financial consultants,
legal, planning and other consultants and contractors retained by the City ("said
Agreement").
B. In accordance with the terms and conditions of said Agreement, the Parties desire
to amend Section 2 — Reimbursement of Costs, to increase the maximurn amount
of said Agreement, and to clarify the Eligible Expenses.
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, Reimbursement of Costs, shall be amended to read as follows:
"Developer agrees to reimburse the City for Eligible Expenses pre -approved by
Developer and City, up to a maximum of One Hundred -Thousand Dollars
($100,000.00), payable within thirty (30) days after receipt by Developer of
written documentation from City evidencing such Eligible Expenses. Eligible
Expenses shall specifically exclude any and all expenses due and payable by the
Developer to the Planning and Building Agency for the processing of
entitlements, including any expenses for CEQA studies and analysis."
3. Except as hereinabove modified, all terms and conditions of said Agreement shall
remain in full force and effect.
Page 1 of 2
IN WITNESS WHEREOF, the Parties have executed this First Amendment to
Reimbursement Agreement the date and year first above written.
ATTEST:
-M i3ivdB '�) • IL"
4 -
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City
RECOMMENDED FOR APPROVAL:
R BERT ZUR SH I E
Interim Executive for
Community Development Agency
CITY OF SANTA ANA
Z
RAUL GODINMI L
City Manager
DEVELOPER CARIBOU INDUSTRIES:
Michael . Harrah
Page 2 of 2