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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 y paper 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 �1dNYt lo��'L Title