HomeMy WebLinkAbout2010 CON CDC NCSDI, Derr Family Venturs, Derco Properties - Amendment #2 ENA Harbor Drive - InSite / RCP SiteSECOND AMENDMENT
to
EXCLUSIVE NEGOTIATING AGREEMENT
between
COMMUNITY DEVELOPMENT COMMISSION
of
THE CITY OF NATIONAL CITY
and
NCDSI No.1, LLC
On August 19, 2008, the COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF NATIONAL CITY, a public body, corporate and politic ("CDC"), and NCDSI. NO. 1,
LLC, a California limited liability company (`'Developer"), entered into an EXCLUSIVE
NEGOTIATION AGREEMENT ("Agreement') for Developer to explore the feasibility of
redeveloping approximately 26 acres described in the Agreement, which includes 1.34 acres owned by
the CDC and described as APN# 562-321-08 (the "Site");
WHEREAS, on August 19, 2009, the CDC and NCDSI No. 1, LLC approved the First
Amendment to the Agreement to allow further time to work on due diligence activities related to the
project; and
WHEREAS, the Agreement allows that after the Developer and CDC have tentatively
approved terms of a Disposition and Development Agreement ("DDA"), the Executive Director may
extend the Agreement for a further period of 180 days to notice and conduct a public hearing pursuant
to Section 33433 of the California Health and Safety Code, to process environmental and entitlement
applications through the City's Planning Commission and City Council and to present a DDA to the
CDC Board;
WHEREAS, the Developer and Executive Director have agreed to a term sheet for the DDA;
and
WHEREAS, additional time is necessary to accomplish a Public Hearing pursuant to Section
33433 of the California Health and Safety Code, to process environmental and entitlements
applications through the City of National City Planning Commission and City Council, and to present
a final DDA to the CDC Board.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. The ENA shall be extended until January 19, 2011.
2. The ENA shall remain in full force and effect with the exception of this extension
for time.
IN WITNESS WHEREOF, the Parties have entered into this Amendment as of August 17, 2010.
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF NATIONAL CITY, a public
body a nd politic:
By:
Brad ali; uTat6n, Ex Director
Page 1 of 2
1st Amendment to ENA NCDST No. 1 LLC
APPROVED AS TO FORM:
By:
Clau
is eneral Counsel
DEVELOPER:
NCDSI No. 1, a California limited liability
company
By: Mark R.. 10
Sudbei�. j -lo,�jfnent, Inc.
By:
Its:
NCDSI No. 1, a California limited liability
company
By: Terry . Derr
De amity ent '' s Ltd Ptnship
By:
Its:
NCDSI No. 1, a California limited liability
company
By: Michael Derr
Derco Prop
By:
Its: �AAsJAW L
Page 2 of 2
1st Amendment to ENA NCDSI No. 1 LLC
OFFICE OF THE CITY CLERK
1243 National City Blvd.
National City, California 91950
Michael R. Della, CMC - City Clerk
619-336-4228 phone • 619-336-4229 fax
NCSDI NO. 1, DERR FAMILY VENTURES,
DERCO PROPERTIES
Amendment #2 to ENA
Harbor Drive — InSite / RCP Site
Denise Davis (CDC) Forwarded
Copy of Amendment to Developer