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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 1