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HomeMy WebLinkAboutAgreement - Eden Investments, Inc. - Contract No. 18CDD1264-1 - Eden Investments, Inc. | Connell LLC - Signed 2023-09-21City of Gilroy Agreement/Contract Tracking Today’s Date: September 20, 2023 Your Name: Sandra Nava Contract Type: Other (Non-Standard contracts must be reviewed by the City Administrator prior to initiating) Phone Number: 408.846.0290 Contract Effective Date: (Date contract goes into effect) 8/7/2017 Contract Expiration Date: 12/31/2074 Contractor / Consultant Name: (if an individual’s name, format as last name, first name) Eden Investments, Inc. Contract Subject: (no more than 100 characters) First Amendment to Modification to Loan Documents Contract Amount: (Total Amount of contract. If no amount, leave blank) Loan Amount $206,316.00 By submitting this form, I confirm this information is complete: ➢Date of Contract ➢Contractor/Consultant name and complete address ➢Terms of the agreement (start date, completion date or “until project completion”, cap of compensation to be paid) ➢Scope of Services, Terms of Payment, Milestone Schedule and exhibit(s) attached ➢Taxpayer ID or Social Security # and Contractors License # if applicable ➢Contractor/Consultant signer’s name and title ➢City Administrator or Department Head Name, City Clerk (Attest), City Attorney (Approved as to Form) Routing Steps for Electronic Signature Risk Manager City Attorney Approval As to Form City Administrator or Department Head City Clerk Attestation Sharon Goei, Community Development Director DocuSign Envelope ID: 34A3C645-E30E-429E-B67D-92A9933D3FB8 4845-8215-5540v1 MDOLINGER\04706083 -1- FIRST AMENDMENT TO MODIFICATION TO LOAN DOCUMENTS WHEREAS, the City of Gilroy, a municipal corporation (“City”), and Connell LLC, a California limited liability company (the “Borrower”) entered into that certain agreement entitled MODIFICATION TO LOAN DOCUMENTS effective on August 7, 2017, hereinafter referred to as “Original Agreement”; and WHEREAS, City and Connell LLC have determined it is in their mutual interest to amend certain terms of the Original Agreement. NOW, THEREFORE, FOR VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS: 1. Paragraph 11, Section 2 of the Note is deleted in its entirety and replaced with the following: “Interest. The Note shall accrue interest at the rate of 2.58% simple interest.” 2. This Amendment is entered into effective retroactively to August 7, 2017. 3. Except as expressly modified herein, all of the provisions of the Original Agreement shall remain in full force and effect. In the case of any inconsistencies between the Original Agreement and this Amendment, the terms of this Amendment shall control. 4. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the dates set forth besides their signatures below. CITY OF GILROY ASSIGNEE: Connell Apartments, L.P., A California limited partnership By: Connell Apartments LLC, A California limited liability company, its general partner By: Eden Investments, Inc., A California nonprofit public benefit corporation, its sole member manager By: By: [signature] [signature] Jimmy Forbis Tatiana Blank [employee name] [name] City Administrator Chief Financial Officer [title/department] [title] Date: Date: Approved at to Form: ATTEST: City Attorney City Clerk DocuSign Envelope ID: 34A3C645-E30E-429E-B67D-92A9933D3FB8 9/21/20239/21/2023