1901 FIRST STREET OWNER, LLC. (7)

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A -2016- 222 -06 SIXTH AMEINDM E X7'1 1'O TOLLING AGR ELMENT Th1s.Sixtb Amendment to Tolling Agreement (the "Sixth Ametidnrcnt ") is entered into by and between the CITY OF SANTA ANA ("City ") and 1901 FIRST STREET OWNER, LLC (' 11901 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 mtait %family residential development consisting of 264 unite ( "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- VM- C,TC). D. On September 10, 2015, 1901 Furst 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 "Tolling Agreement") in order to toll any time limit on bringing any lawsuit or claim against the other, including but not 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 Amendments to the 'lolling Agreement which, 11:59 p,m,, on August 11, 2016, 'Polling Agreement, the Parties entered Into collectively, extended the tolling period until G. The Parties now desire to eater into this Sixth Amendment in order to further extend the tolling period until September 12, 2016, as described below. ,A(jUF IFN"I" NOW, THEREFORE, in consideration of the covenants and conditions contained herein, the Parties agree as follows; 1. Section 4 of the Tolling Agreement, as amended by the Fifth Amendment, is hereby deleted in its entirety and replaced with the following; "4, Either Party may terminate this Agreement by