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HomeMy WebLinkAbout12-17-2015 SLO Chinatown, LLC and Hotel SLO, LLC - First Amendment to Deposit-Reimbursement Agreement12/16/2015 01:13 9252838353 RUBICON PAGE 01/01 M T A END ENT TO REPOMR— AIM13 EBY.VT AOREEM' mT This First Amendment to DepositlRei nbumement Agreement ( "Amendment ") is made on this .01- day of Dcccmber, 2015, by and between the City of San Luis Obispo, a municipal corporation and Chaster City ( "City "), SLO Chinatown, LLC, a California limited liability company (tile `"Copelands ") and hotel SLO, .LLC, a California .limited liability company ("Hotel LLC), with respect to that certain Deposit/Reimbursement Agreement, dated as of December 2, 2015, among the City and Developer (the "Original Agreement "). As amended by this Amendment, the Original Agreement shall sometimes tie referred to herein as the "Agi•eement." All capitalized tentns not otherwise defined herein shall have cite mcaning given in die Original Agreement. NOW, THERE FORE. in consideration of the following mutual promisos and agreements, City and the Developer agree that the services provided to the City relating to the Transaction pursuant to dint ccrtaln Agreement, dated as of December L1, 2015, between Kosmont Fc Associntes. Inc., doing business as "Kosmont Companies" (tlze "Kosmont Consulting Agreement ") shall be included in dic Scope of Work under the Agreement and Developer agrees to reimbme the City for its costs and expenses under the Kosmont Consolting Agreement. Upon execution of this lain, t Amendment. Developer shall pay to City the sum of Seven Thomiand Dollars (57,000) as the estimated cost of the Kosmont Consulting Agreement. Upon recejpt, City shall authorize Kosmont Companies to proceed. EXcept as otherwise amended by this Amendment, all other terms oCthe Agreement shall remain in full force and effect. IN WITNESS WHICH REOP, the parties have executed this Agreement as of the first date set forth above, CITY OF SAN LUIS 0 I A Municl is rporad z3y: Katie l,icWg City Manager APPROVED AS TO FORM: THE DEVELOPER SLO CHINATOWN, LLC. a California limited liability company By: r —. Thomas M. Copeland Its: M -unager APPROVED AS TO FORM FOR SLO CT4TNATOWN,LLC Hotel SLO, .LLC Christine Dietrick a Callfonnin limited liability company City Atio y By: % 13y: MEM*f17144' LCC.. 4 &WAN. 4 e::W/t . A Russell,interfm Assistant City Atty. l #s: Manager ' APPROVED AS TO FORM FOR HOTEL FIRST AMENDMENT TO DEPOSIT/REIMBURSEMENT AGREEMENT This First Amendment to Deposit /Reimbursement Agreement ( "Amendment ") is made on this 13 III day of December, 2015, by and between the City of San Luis Obispo, a municipal corporation and Charter City ( "City "), SLO Chinatown, LLC, a California limited liability company (the "Copelands ") and Hotel SLO, LLC, a California limited liability company ( "Hotel LLC), with respect to that certain Deposit/Reimbursement Agreement, dated as of December 2, 2015, among the City and Developer (the "Original Agreement "). As amended by this Amendment, the Original Agreement shall sometimes be referred to herein as the "Agreement." All capitalized terms not otherwise defined herein shall have the meaning given in the Original Agreement, NOW, THEREFORE, in consideration of the following mutual promises and agreements, City and the Developer agree that the services provided to the City relating to the Transaction pursuant to that certain Agreement, dated as of December L-7, 2015, between Kosmont & Associates, Inc., doing business as "Kosmont Companies" (the "Kosmont Consulting Agreement ") shall be included in the Scope of Work under the Agreement and Developer agrees to reimburse the City for its costs and expenses under the Kosmont Consulting Agreement. Upon execution of this First Amendment, Developer shall pay to City the sum of Seven Thousand Dollars ($7,000) as the estimated cost of the Kosmont Consulting Agreement. Upon receipt, City shall authorize Kosmont Companies to proceed. Except as otherwise amended by this Amendment, all other terms of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Agreement as of the first date set forth above. CITY 0(-' SAN LUIS ISPO THE DEVELOPER A Muni ip 'orpor SLO CHINATOWN, LLC, By: a California limited liability company Katif Lichtig City anager r By: -Zf. mot' At 'ST: Thomas M. Lop and Its: Manager nsolabehere n City Clerk APPROVED AS TO FORM: Christine Dietrick City A ney By nrk M. Russell, Interim Assistant City Atty, APPROVED AS TO FORM FOR SLO CHINATOWN,LLC Hotel S O .,LC a California limited liability company By: Its: Manager APPROVED AS TO FORM FOR HOTEL SLO,LLC