HomeMy WebLinkAbout2007 CON CDC Marina Gateway / Sycuan - 10th Amendment DDATENTH 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 TIIE
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
National 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").
WIIEREAS, 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 § 20.5); 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
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10°i Amendment to DDA
WHEREAS, the Parties modified certain portions oi'the Agreement (Sixth Amendment);
and
WHEREAS, the CDC's Executive Director extended (Seventh Amendment) the Outside
Date until September 30, 2007 to facilitate Conditions of Closing (Agreement § 205); and
WIIEREAS, the Parties modified certain portions of the Agreement (Eighth
Amendment); and
WHEREAS, the CDC's Executive Director extended (Ninth Amendment) the Outside
Date until October 31. 2007 to facilitate Conditions of Closing (Agreement § 205); and
WHEREAS,
THE PARTIES HEREBY AGREE TO THIS TENTH AMENDMENT TO THE
AGREEMENT AS FOLLOWS:
1. The Outside Date for closing shall be extended to December 31, 2007;
2. All terms in this Amendment have the same meaning as in the Agreement;
3. Except as expressly amended herein or by prior Amendments, each and
every term of the Agreement shall remain in full force and effect;
4. This Amendment may he signed in counterpart.
IN WITNESS WHEREOF. the Parties have entered into this Amendment as of
November 12, 2007.
COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF
NATIONAL CITY, a public body,
corporate and politic:
By:
Brad Raulston, Executive Director
APPROVED AS TO FORM:
By:
George Eisscr, III — CDC Legal Counsel
DEVELOPER:
MARINA GATEWAY DEVELOPMENT
COMPANY, LLC, a California limited liability
company
By: MRW
Mana
By:
Michael 'R Weber, President
, Inc, a Nevada corporation,
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10th Amendment to DDA
SYCUAN TRIBAL DEVELOPMENT CORPORATION, a
Tribally chartered corporation, Manager
By: X
Daniel J. Tucker, Chairman
APPR• D BY LEGAL. •'.'ARTMT
AP
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10t° Amendment to DDA