FIRST AMENDMENT
EXCLUSIVE NEGOTIATION AGREEMENT
BETWEEN
CITY OF HUNTINGTON BEACH
AND
SURF CITY PARTNERS, LLC
This First Amendment to Exclusive Negotiation Agreement [ENA] is made by and Lessor (the "Lessor"), and Surf City Partners, LLC
"Proposed Lessee"), hereinafter jointly referred to as the (the "Parties").
RECITALS
WHEREAS, the Lessor and Proposed Lessee previously entered into an ENA dated November 2, 2021 for the purpose of negotiating, for a set period of time, and to refrain from negotiating with others, the development of a proposed lease for the use and occupancy of real property commonly referred to as 21 Main Street (the "Property") on the Huntington Beach Pier.
WHEREAS, the ENA established milestones and specified activities related to repurposing the Property, which includes the entire interior of the concession space with some adjacent exterior outdoor dining area, for a new restaurant business and the future execution of a Lease; and,
WHEREAS, Proposed Lessee has been conducting due diligence and receiving feedback from regulatory agencies to determine the feasibility of the proposed project and desires to establish a project of higher quality by expanding certain area of the Property to also include the pier restroom building and surrounding outdoor area.
NOW, THEREFORE, THE PARTIES AGREE TO AMEND THE ENA AS FOLLOWS:
Exhibit A shall be replaced by Exhibit A-1 and incorporated herein by this reference (the "Property") and shall include approximately an 800 square feet concession with some adjacent exterior outdoor dining area, as well as the public restroom building and adjacent area located directly across from the concession space.
IN WITNESS WHEREOF, Lessor and Proposed Lessee have executed this First Amendment which shall be effective as of the day and year set next to the Mayor's signatures below ("Effective Date").
Proposed Lessee: Lessor:
SURF CITY PARTNERS, LLC, a California CITY OF HUNTINGTON BEACH, a municipal limited liability company corporation of the State of California By: By
Mayor
Date:_ 2/15/22 Date:_
ATTEST
By
Robin Estanislau, City Clerk
REVIEWED AND APPROVED:
Date:
By
Sean Joyce, Interim City Manager INITIATED AND APPROVED:
Date:_
Ursula Luna-Reynosa
Community Development Director
Date:_
APPROVED AS TO FORM:
By
Michael E. Gates, City Attorney MU
Date:
EXHIBIT A - 1
PROPERTY DESCRIPTION
21 Main Street
Approximately 800 SF of indoor building space
Potential outdoor space adjacent to building
¡ Restrooms and potential storage area