HomeMy WebLinkAboutAttachment 1SECOND AMENDMENT
to
EXCLUSIVE NEGOTIATIONAGREEMENT
by and between
COMMUNITY DEVELOPMENT COMMISSION
of
THE CITY OF NATIONAL CITY,
THE RELATED COMPANIES OF CALIFORNIA, AND COMMUNITY HOUSING WORKS
This Second Amendment to EXCLUSIVE NEGOTIATION AGREEMENT is made
and entered into this l st day of February, 2011 by and between the COMMUNITY
DEVELOPMENT COMIVIISSION OF THE CITY OF NATIONAL CITY, a public body,
corporate and politic ("CDC"), and RELATED COMPANIES OF CALIFORNIA and
COMMUNITY HOUSING WORKS (collectively referred to as "Developer")
WHEREAS, on March 3, 2009, CDC and Developer entered into an EXCLUSIVE
NEGOTIATION AGREEMENT ("Agreement") to plan and implement a Transit Oriented
Development ("TOD") affordable housing project and service incubator on approximately 12.75
acres identified as the National City Public Works Center and Illes Family Trust site (APNs 560-
396-06, 560-391-05 560-391-08, 560-206-03, 559-124-05, 559-104-10, 559-125-15, 560-391-10,
560-206-05 plus public right of ways) in the City of National City ("the Site"); and
WHEREAS, CDC and Developer entered into a FIRST AMENDMENT TO
EXCLUSIVE NEGOTIATION AGREEMENT on or about March 3, 2010; and
WHEREAS, CDC and Developer have been cooperating on the planning and
development of the Site; and
WHEREAS, substantial progress has been made with the project in the following areas:
1. Preparation of a Conceptual Site Plan;
2. Award of four grants including California Prop IC Infill Infrastructure ($11.2
million), local HOME funds grant ($115,000), California Prop IC Catalyst
Projects for California ($500,000) and federal EPA Sustainability Pilot ($130,000
technical assistance);
3. Completion of environmental assessments of soil and groundwater conditions at
the site by the CDC; and
WHEREAS, CDC and Developer require more time to finalize negotiations for a
proposed Disposition and Development Agreement to accomplish the TOD project.
NOW THEREFORE, CDC AND DEVELOPER HEREBY AGREE TO THIS
FIRST AMENDMENT TO THE AGREEMENT AS FOLLOWS:
1. The Negotiation Period shall be extended to September 30, 2011.
2. This Amendment may be signed in counterparts.
3. With the foregoing exceptions, each and every provision of the Agreement
entered into on March 3, 2009, as amended, shall remain in full force and effect.
IN WITNESS WHEREOF, the Parties have entered into this Amendment as of March 1, 2011.
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4th Amendment to DDA
COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF
NATIONAL CITY, a public body,
corporate and politic:
By:
Ron Morrison, Chairman
APPROVED AS TO FORM:
By:
Claudia Gacitua Silva, CDC General
Counsel.
DEVELOPER:
THE RELATED COMPANIES OF
CALIFORNIA, LLC, a California limited
liability company
By: The Nicholas Company, Inc., Its Manager
By:
A Delaware Corporation, its manager
William A Witte, President
By: COMMUNITY HOUSING WORKS, a
California non-profit public benefit corporation
By:
. Wilson, Senior 'Wee -President
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4th Amendment to DDA