HomeMy WebLinkAbout1901 FIRST STREET OWNER, LLC. (3)A -2016- 222 -0�
SECOND AMENDMENT TO TOLLING A " E N9C
This Second Amendment to Tolling Agreement (the "Second Amendment ") is enterwt
into by and between the CITY OF SANTA ANA ( "City"), and 1901 FIRST STREET OWNER,
LLC COW First Street ") (collectively hereinafter "the Parties "), In connection with the real
property located at 1901, 1903 and 1905 R First Street,. In the City of Santa Ana, which is to be
developed as a multi - family residential development consisting of 264 units ("Project ").
t;
A, 1901. First Street sought and obtained approvals from the City to build the Project.
13, A dispute subsequently arose as to whodur 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 (Casa No, 30 -2015 - 00803234-01.7 - M -CJC).
D. On September 10, 2015, 1901 First Stxcet 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 tees for the Project ( "Cho "C:laim "),
B. On or about .April 22, 2016, tire, Parties entered Into a tolling agreement (the
`° Tolling AgireenwnV) 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, anti 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 Agroontent. Per the terms of the Tolling Agreement,
the Tolling Agreement was to expire on May 3I, 2016, at 11:59 pan,
R Prior to the expiration of the Tolling Agreement, the Parties entered into the First
Amendment to Tolling ASt)ccxucm (the "first Amendment'), in order to amend the Tolling
Agreement to further extend the tolling period until 11; 59 p.m., on 3une 10, 2016,
G. The Parties now desire to enter into this Second Amenduns nt in order to amend
the Tolling Agreement, as amended by die First A.ntendmain, to Rather extend the tolling period
until June 23, 2016, as described below,
AC: C"M10T
NOW, THEREFORE, in consideration of the covenants and conditions contained herein,
the Prudes agree as follows:
11 Section d of the Tolling Agreement, as amended by the First Amendment, is
hereby deleted in its erdhoty and replaced with the following:
"4. This Agreement shall not extend beyond June 23,
2016, and shall be doemed by Parties to be expired as of
1 1;59 P.m. on that date,"
2 All other terms and provisions of the Tolling Agreement shall remain unchanged,
shall not be modified in any way by this Second Amendment, and, shall continue to be binding on
the Parties.
3. This Second Amendment may be executed in. counterparts, each of which will be
deemed to bean original and all of which together will be (teemed -to be the same document. Each
Party certifies that the person, signing below on the respective Party's behalf has the authority to
bind that Party to the covenants made in this Second Amendment.
[Signatures continued on following page]
SEGNATURE: PAGE, TO TOLLING AGREEMENT
Dated: June 10, 2016
Counsel for City of Santo Ann
CITY OF SANTA ANA
Name: David Cavazos
Title: City Manager
�55R15(ba
Date: l0 6
Dated: Cc%C� i 1901 FIRST STRU, ET OWNER, LLC
Name: 1'14'c l,,, l
Title:
Counsel for 1901 First Street Owner, LLC
$yt ®Y
Narne: Or1Vjtt�t lfc)fiave�{iOS
Title,
ATTEST:
NIARIq D. HuIZAR
CLERK OF THE COUNCIL
3