20-0915_26874 ORTEGA HIGHWAY LLC_Letter Extension to Exclusive Negotiation Agreement3MOO PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 4931171
(949) 4931053 FAX
tvlvucsar juaNcaplslrallo.org
September 15, 2020
Dan Almquist
26874 Ortega Hwy, LLC
610 Newport Center Drive, Suite 1520
Newport Beach, CA 92660
MEMBERS OF THE CITU COUNCIL
TROY BOURNE
SERGIO FARIAS
BRIAN L. MARYOTT
DEREK REEVE
JOHN TAYLOR
Re: Exclusive Negotiation Agreement (ENA► between the City of San Juan Capistrano and 26874
Ortega Highway, LLC
Dear Mr. Almquist:
The Exclusive Negotiating Agreement (Downtown Site) with 26874 Ortega Highway, LLC ("Agreement")
is due to expire on October 17, 2020. Pursuant to Section 1 of the Agreement, the parties to the ENA
may extend the Negotiating Period for up to two (2) additional one hundred eighty (180) calendar day
periods by mutual agreement so long as Developer is diligently discharging its responsibilities under
the Agreement. As the proposed concept is still being developed and Developer has, to date, diligently
discharged its responsibilities under the Agreement in a manner satisfactory to the City Manager, it is
appropriate to exercise the first extension as permitted under Section 1 of the Agreement. By
mutually agreeing to this extension, the new expiration date of the Agreement will be April 15, 2021.
At this time, the City does not require an Extension Deposit it is otherwise entitled to under Section
3.4, but reserves the right to require additional funds as processing of the proposed project proceeds.
If you agree to this extension, please sign and date below and return this letter to Charlie View at
32400 Paseo Adelanto, San Juan Capistrano, CA 92675 by October 15, 2020. You may scan and email
your response to CView@SanJuanCapistrano.org, but please ensure we receive your signed original as
soon as possible. If you have any questions or concerns, please contact Mr. View at (949) 443-6322.
Sincerely,
;Ben amin Siegel
City Manager
Srna Junra Cnpisdrano: Preserving tlae Past to Enhance the Tuture
:moi: Pnmea on,00y rec uea
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Exclusive Negotiation Agreement (ENA) between the City of San Juan Capistrano and 26874 Ortega Highway, LLC
Page 2 of 2
By signing below, I am agreeing to the terms outlined above.
Signature
D. A"r JOAr
Print Name
cc: City Attorney
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