HomeMy WebLinkAboutTutelian & Company - North Fulton Mall - ENA - 2nd Amdt. - 2020 SECOND AMENDMENT TO
EXCLUSIVE NEGOTIATION AGREEMENT
THIS SECOND AMENDMENT TQFXCLUSIV�NEGOTIATION AGREEMENT (Second
Amendment) is entered into thi day of . , 2020, by and between the
CITY OF FRESNO, a municipal corporation (City) and TUTELIAN & COMPANY, INC., a
California corporation (Developer) on the terms and conditions set forth below.
RECITALS
A. The City and the Developer have entered into that certain Exclusive
Negotiation Agreement (ENA) dated December 14, 2018, which provided for a
negotiation period of 270 days was administratively extended by the City Manager for
an additional 180 days by letter dated September 6, 2019.
B. The parties entered into a First Amendment to Exclusive Negotiation
Agreement (First Amendment) dated March 6, 2020, extending the Negotiation Period
to December 6, 2020, and adding certain conditions.
C. During the Negotiation Period, the Developer diligently made good faith
efforts to timely complete all its obligations.
D. The City and the Developer desire to further extend the Negotiation Period
in order to continue negotiations.
AGREEMENT
NOW, THEREFORE, for and in consideration of the foregoing recitals and other
good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the City and the Developer hereby agree as follows:
Section 1. Extension of Negotiation Period
The Negotiation Period, as defined in paragraph 3 of the ENA, is hereby
extended sixty days to February 4, 2021, with no further extension by the City Manager.
Section 2. Effect of Second Amendment.
The ENA and First Amendment shall remain in full force and effect except as
amended hereby or inconsistent herewith.
IN WITNESS WHEREOF, the parties have caused this First Amendment to be
executed by their respective representatives thereunto duly authorized as of the date
first written above.
CITY NO, Tutelian d Company, Inc.
A al' icipal cor or ' n a Califor #jtj
By: By:
;.
n, City M n ger Cliff T4tpfiian, Its President and
Secretary
APPROVED AS TO FORM:
DOUGLAS T. SLOAN ATTEST.-
City At ey YVONNE SPENCE, MMC
City Cle
By:
Laurie Aved' Ea - a ini Date By:
Assistan ity Attorney � Deputy
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