HomeMy WebLinkAbout2007 CON CDC Marina Gateway / Sycuan - 7th Amendment DDASEVENTH AMENDMENT
to
DISPOSITION AND DEVELOPMENT AGREEMENT
between
COMMUNITY DEVELOPMENT COMMISSION
of
THE CITY OF NATIONAL CITY
and
MARINA GATEWAY DEVELOPMENT COMPANY, LLC
On May 18, 2004, the COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF NATIONAL CITY, a public body, corporate and politic ("CDC"), and MARINA
GATEWAY DEVELOPMENT COMPANY, LLC, a California limited liability company
("Developer"), and SYCUAN TRIBAL DEVELOPMENT CORPORATION, a Tribally
chartered corporation ("STDC") entered into an DISPOSITION AND DEVELOPMENT
AGREEMENT ("Agreement') to redevelop a certain approximately 6.32 acre portion of the
Nationa City Redevelopment Project located at the southeast corner of Bay Marina Drive and
Harrison Avenue (APNs 559-160-03, 09, 11 and 21, 559-117-14 and 15) in the City of National
City ("the Site").
WHEREAS, CDC and Developer have been cooperating on the development of the Site;
and
WHEREAS, the CDC's Executive Director extended the (First Amendment) Outside
Date for closing (Agreement § 202) until March 6, 2006 to accommodate the processing of a
local coastal development permit; and
WHEREAS the CDC's Executive Director extended (Second Amendment) the Outside
Date for closing until July 31, 2006 to facilitate Conditions of Closing (Agreement § 205); and
WHEREAS, the CDC's Executive Director extended (Third Amendment) the Outside
Date until October 31, 2006 to facilitate Conditions of Closing (Agreement § 205); and
WHEREAS, the CDC's Executive Director extended (Fourth Amendment) the Outside
Date until March 31, 2007 to facilitate Conditions of Closing (Agreement § 205); and
WHEREAS, the CDC's Executive Director extended (Fifth Amendment) the Outside
Date until July 31, 2007 to facilitate Conditions of Closing (Agreement § 205); and
WHEREAS, the Sixth Amendment addresses title issues and financial arrangements but
does not affect the closing date; and
WHEREAS, the CDC and Developer require additional time to close this transaction;
and
WHEREAS, CDC's Executive Director may agree to a time extension pursuant to
Agreement § 6.05:
THE PARTIES HEREBY AGREE TO THIS FIFTH AMENDMENT TO THE
AGREEMENT AS FOLLOWS:
1. The Outside Date for closing shall be extended to September 30, 2007;
2. Developer represents and warrants that it has the authority to execute this
Amendment on behalf of other signatories to the Agreement;
3. All terms in this Amendment have the same meaning as in the Agreement;
Page 1 of 2
7th Amendment to DDA
4. Except as expressly amended herein or by prior Amendments, each and every
term of the Agreement shall remain in full force and effect;
5. This Amendment may be signed in counterpart.
IN WITNESS WHEREOF, the Parties have entered into this Amendment as of
2007.
COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF
NATIONAL CITY, a public body,
corporate and politic:
By:
Brad-'i'!'xecutive Director
APPROVED AS 'I'O FORM:
By:
George ,rser, III — CDC Legal Counsel
•
DEVELOPER:
MARINA GATEWAY DEVELOPMENT
COMPANY, LLC, a California limited liability
company
By: MRW Group, Inc, a Nevada corporation,
Managing Member
By:
Michael R Weber, President
By: SYCUAN TRIBAL DEVELOPMENT
CORPORATION, a Tribally chartered
corporation, Member
By:
Daniel J. Tucker, Chairman
SYCUAN TRIBAL DEVELOPMENT
CORPORATION, a Tribally chartered
corporation
By:
Daniel J. Tucker, Chairman
APPROVED BY LEGAL DEPARTMENT
7-2 -07
Page 2 of 2
7°i Amendment to DDA
4. Except as expressly amended herein or by prior Amendments, each and every
term of the Agreement shall remain in full force and effect;
5. This Amendment may be signed in counterpart.
IN WITNESS WHEREOF, the Parties have entered into this Amendment as of
2007.
COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY Or'
NATIONAL CITY, a public body,
corporate and politic:
By:
Brad Raulston, Executive Director
APPROVED AS TO FORM:
By:
George Eiser, III CDC Legal Counsel
DEVELOPER:
MARINA GATEWAY DEVELOPMENT
COMPANY, LLC, a California limited liability
company
By: MRW Grou
Managin
By:
c, a Nevada corporation,
Michael R Weber, President
By: SYCUAN TRIBAL DEVELOPMENT
CORPORATION, a Tribally chartered
corporation, Member
By:
Daniel J. Tucker, Chairman
SYCLJAN TRIBAL DEVELOPMENT
C:ORPORATION, a Tribally chartered
corporation
By:
Daniel J. Tucker, Chairman
Page 2 of 2
7°i Amendment to DDA