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tioti� <br />-OUIRED <br />V • ��,. 'ROCS':-) <br />�OU(v A <br />N-2021-016 <br />TOLLING AGREEMENT EXTENSION 11 <br />PP�1 t2)(M nvt�n�)� (to June 7, 2021, subject to earlier termination as provided below) <br />This Tolling Agreement Extension 11 (the "Tolling Agreement") is entered into by and between the <br />City of Santa Ana, a California charter city (the "City"), 1851 East First Street Investors, LLC, a <br />California limited liability company (1851 "), and Cabrillo Community Partners, LLC, a California limited <br />liability company ("Cabrillo"). Within this Tolling Agreement, the City, 1851, and Cabrillo may be <br />referred to collectively as the "Parties" or individually as a "Party." The Parties agree as follows: <br />A. Cabrillo is the applicant for a project known as "The Madison" which was approved by the City <br />Council of the City on June 5, 2018 (the "Project"). The Project is a 260-unit mixed -use <br />development located at 200 North Cabrillo Park Drive in the City (the "Project Site"). <br />B. In approving the Project (the "Approval"), the City approved Site Plan Review No. 2016-03, <br />Variance No. 2017-05, and Variance No. 2017-06. A Notice of Exemption from the requirements <br />of the California Environmental Quality Act ("CEQA") was filed and posted on June 11, 2018. <br />C. 1851 owns an office building to the south of and adjacent to the Project Site at 1851 East First <br />Street, Santa Ana. <br />D. Prior to June 5, 2018, 1851 presented to the City, both orally and in writing, objections to the <br />Approval on, among others (collectively, the "Dispute"), the following grounds: <br />1851 contends that the Approval was not exempt from CEQA and required further <br />analysis under CEQA of traffic and other potential impacts. <br />2. 1851 contends that the approval of Variance No. 2017-05 (the parking variance) did not <br />meet the requirements set forth in the City's Municipal Code for the approval of a variance. <br />Cabrillo disputes these contentions. <br />E. Since the Approval, Cabrillo and 1851 have worked cooperatively to resolve the Dispute and are <br />optimistic that the Dispute can be resolved. That resolution, however, will require time to make <br />minor design changes to the Project and have those changes approved by the City. The time <br />needed to resolve the Dispute, therefore, is likely to extend beyond the time by which 1851 must <br />file a legal action under CEQA and California Planning Law to assert its claims related to the <br />Dispute (the "Statutes of Limitation"). <br />Prior to this Tolling Agreement being signed on behalf of all Parties, the Parties entered into <br />separate agreements which tolled the running of the Statutes of Limitations. Collectively, those <br />agreements tolled the running of the Statute of Limitations through January 15, 2021. <br />G. Due to circumstances related to the COVID-19 pandemic, the Parties now desire to extend that <br />tolling period to allow for continued discussions to resolve the Dispute. <br />H. It is the intent of this Tolling Agreement that the Statutes of Limitation for 1851 to file a legal <br />action under CEQA and California Planning Law to assert its claims related to the Dispute shall <br />be tolled and extended to June 7, 2021, subject to earlier termination as provided below. The <br />