1901 FIRST STREET OWNER, LLC. (6)

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' ` 1 )FIFTH AMENDMENT TO TOLLING AQREEMENT This Fifth Amendment to Tolling Agreement (the "Fifth Amendment ") is entered into by and between the CITE' OF SANTA ANA ( "City "), and 1901 FIRST STREET OWNER, LLC ("1901 First Street") (collectively hereinafter "the Parties "), in connection with the real property located at 1901,1903 and 1905 E, First Street, in the City of Santa Ana, which is to be developed as a multi- family residential development consisting of 264 units ( "Project "). RECITALS A. 1901 First Street sought and obtained approvals from the City to build the Project. B. A dispute subsequently arose as to whether the City properly calculated the assessable space for school impact fees applicable to the Project, C. The dispute involving the City, 1901 First Street and the Tustin Unified School District is currently the subject of litigation filed in the Superior Court of California in the County of Orange (Case No, 30- 2015- 00803234- CU- WM -CJC), D, On September 10, 2015, 1901 First Street filed a claim under the Government Claims Act against the City for damages arising from, and related to, the City's actions in allegedly improperly changing its standard practice for calculating assessable space for school impact fees for the Project ( "the "Claim "), E. On or about April 22, 2016, the Parties entered into a tolling agreement {the ""]tilling Agreement ") in order to toll any time limit on bringing any lawsuit or claim against the other, including but riot limited to any causes of action set forth in the Claim, and agreed that litigation, if any, of such claims be held in abeyance and without prejudice to the rights of the Parties during the pendency of the Tolling Agreement. Per the terms of the Tolling Agreement, the Tolling Agreement was to expire on May 31, 2016, at 11:59 p.m, F. Prior to the expiration of the Tolling Agreement„ the Parties entered into the First, Second, Third and Fourth Amendments to the Tolling Agreement which, collectively, extended the tolling period until 11:59 p,m„ on July 11, 2016. a The Parties now desire to enter into this Fifth Amendment in order to further extend the tolling period until August 11, 2016, as described below, AGREEMENT NOW, THEREFORE, in consideration of the covenants and conditions contained herein, the Parties agree as follows; I. Section 4 of the Tolling Agreement, as amended by the Fourth Amendment, is hereby deleted in its entirety and replaced with the following: "4, Either Party may terminate this Agreement by