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CONTRACT 5980A Amendment CLOSEDAgreement No. 5980A FIRST AMENDMENT TO J';' REIMBURSEMENT AGREEMENT NO. 5980 BETWEEN w THE CITY OF EL SEGUNDO AND 141 EUCALYPTUS, LLC. THIS FIRST AMENDMENT ("Amendment") is made and entered into this �� day of Jon , 202'1, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation existing under the laws of California, and 141 EUCALYPTUS, LLC., a California limited liability company. The parties agree as follows: Pursuant to Section 17 of Reimbursement Agreement No. 5980 ("Agreement"), the parties desire to amend sections 1a, 2, 3a, and 3c of the Agreement as follows: Section 1a: The Applicant/Developer has requested approval of a Community Benefits Plan application to demolish an existing building and construct a new 7,000 square -foot office building at 141 Eucalyptus Drive (the "Project"). Section 2: City Reimbursement. Applicant/Developer agrees to fully reimburse the City for the Project Costs. City has estimated the initial Project Costs as being $50,000. However, the Applicant/Developer acknowledges that the actual amount of such Project Costs may be different, the Applicant/Developer agrees to reimburse the City for the full amount of the actual costs of such project Costs in the manner provided in this Agreement. City will provide Applicant/Developer with an accounting of the project Costs on a monthly basis, which accounting the Applicant/Developer agrees will be conclusive, in the absence of manifest error. The total cost of the Project Costs, as disclosed by the accounting, is called the "Reimbursement Amount." Section 3a: Initial Deposit. Except as provided below, upon execution of this Agreement, Applicant/Developer agrees to deposit with City $20,000 ("Deposit Amount") which represents approximately 40 percent of the total estimated initial Reimbursement Amount. This Deposit Amount is in addition to a previous deposit of $10,000 made by Applicant/Developer. Costs associated with the Project will be charged against the deposit amount. Section 3a: Replenishment Deposit. Whenever the Deposit Amount balance falls below $5,000, the City may request the Applicant/Developer to replenish the amount ("Replenishment Deposit"). Applicant/Developer agrees to deliver a Replenishment Deposit to City within 10 business days following the City's request. City of El Segundo Amendment Page 1 Agreement No. 5980A 2, This Amendment may be executed in any number of counterparts, each of which will be an original, but all of which together constitutes one instrument executed on the same date. 3. Except as modified by this Amendment, all other terms and conditions of Agreement No. 5980 will remain the same. IN WITNESS WHEREOF the parties hereto have executed this Amendment the day and year first hereinabove written. CITY,. F EL SEGUND 141 EUCALYPTUS LLC A municipal corporati A California Limited Liability Company S of itnick„ City Manager R+ � Member c�vA Cc t t � nSo�1l 1 MCWL�c✓ ATTES Tracy Weaver, City Clerk APPROVED AS TO FORM.: � for Mark D. Hensley, Clty Attorney City of El Segundo Amendment Page 2 Agreement No. 5980A CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State ofCalifornia Date Name and Title of the Officer personally appeared Name(s) of Signer(s) 81 0i7o,mission ;,' 2282582 702 who proved to ma on the basis of satisfactory evidence subscr�bed to the within instrument and ackn67vledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by hisr/h,er/f_h6,jr signature(s) on N6_­)nstrurnent the person(s), or the entit� upon behalf of which the person(�q acted, executed the instrument. | certify under PENALTY OFPERJURY under the laws of the State of California that the foregoing paragraph |atrue and correct. WITNESS my hand and, official seal. Place Notary Seal Above Signature: /C Si ture tai- Public OPTIONAL l Though this section iyoptional, completing this information can deter aftefadomofthedocument or fraudulent reattachment ofthis form boanunintended document. Description ofAttached Document Title or Type of Document: Document Date: Number of'Pag�es: — Signer(s) Other Than Named Above: 0mpmody(iee) Claimed bySigner(s) Signer's Name: ElCorporate Officer --Tit|e(s): UPadner-- [�Umitmd O(Senera| O Individual O Attorney in Fact OTiustaa O Guardian or Conservator OOther: Signer |oRepresenting: Signer's Name: UCorporate Officer— Tit|o(s): UPmdnmr-- OUmited EQenena| [] Individual OAttorney in Fact El Trustee Guardian mrConservator J Other: Signer Is Representing: @2O18National Notary AneooiuUon°www.Nationalloturyurg°1-B0'USNOTARY (1-8OO'87O'O827) bem#5807