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Amdt 4 Town Hall Square 05312022
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9/26/2022 1:10:08 PM
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9/26/2022 1:09:40 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
5/31/2022
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5105290.1 1 <br /> <br /> <br />FOURTH AMENDMENT TO PURCHASE AND SALE AGREEMENT <br />Town Hall Square <br /> <br />THIS FOURTH AMENDMENT to Purchase and Sale Agreement (this <br />“Amendment”) is entered into as of May 31, 2022 (the “Amendment Date”), by and <br />among the Successor Agency to the Redevelopment Agency of the City of San <br />Leandro, a public agency (the “Agency”), the City of San Leandro, a California charter <br />city (the “City”), and Beam Development LLC, a California limited liability company <br />(“Buyer”), and amends that certain Purchase and Sale Agreement dated December 7, <br />2017 by and between City and Buyer, as previously amended by the First Amendment <br />to Purchase and Sale Agreement, dated December 4, 2018 , the Second Amendment to <br />Purchase and Sale Agreement, dated January 31, 2020, and the Third Amendment to <br />Purchase and Sale Agreement, dated January 31, 2022 (as amended, the <br />“Agreement”). City, Agency and Buyer are individually referred to herein as a “Party” <br />and collectively referred to herein as the “Parties.” Capitalized terms used without <br />definition herein have the meaning ascribed to such terms in the Agreement. <br />RECITALS <br />A. Subject to the terms and conditions set forth in the Agreement, Buyer has <br />agreed to purchase certain real property owned by the City and the Agency located at <br />212 Davis Street, 222 Davis Street, 250 Davis Street, 290 Davis Street, and 1199 E. <br />14th Street, in the City of San Leandro (the “Property”) for development of a project <br />thereon. <br /> <br />B. Pursuant to Section 5.2(a) of the Agreement, Buyer has a period to <br />complete physical inspections of the Property and due diligence related to the purchase <br />of the Property (the “Due Diligence Contingency Period”), which expires on May 31, <br />2022. The Parties have determined that it is necessary to continue the Due Diligence <br />Contingency Period for additional time for Buyer to complete the investigation of the <br />soils condition of the Property and to evaluate the implications of the soils condition on <br />the potential costs, land use entitlement process, environmental review, and <br />architectural design of the proposed project. <br /> <br />C. City, Agency and Buyer desire to enter into this Amendment to extend the <br />Due Diligence Contingency Period, and to make related changes to the date for close of <br />escrow for the Buyer’s purchase of the Property. <br />NOW, THEREFORE, for and in consideration of the mutual covenants and <br />agreements contained in this Amendment, and other good and valuable consideration, <br />the receipt and adequacy of which is hereby acknowledged by the Parties, Agency, City <br />and Buyer hereby agree as follows: <br />Section 1. Recitals. The above recitals are true, and the recitals and defined <br />terms set forth therein are incorporated into this Amendment by this reference. <br />DocuSign Envelope ID: 71E46BF3-1588-4957-B804-829CB68E081C
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