HomeMy WebLinkAbout1901 FIRST STREET OWNER, LLC. (5)A -2016- 222 -04
FOURTH AMENDMENT TO TOLLING AGREEMENT
This Fourth Amendment to Tolling Agreement (the "Second Amendment ") is entered
into by and between the CITY 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.
S. 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
"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 Tolling Agreement, the Parties entered the First
Amendment to Tolling Agreement (the "First Amendment "), and then later, the Second
Amendment to Tolling Agreement (the "Second Amendment "), and then the "Third Amendment
to Tolling Agreement ( "Third Amendment ") in order to amend the Tolling Agreement to
collectively extend the tolling period until 1159 p.m., on June 30, 2016.
G. The Parties now desire to enter into this Fourth Amendment in order to amend the
Tolling Agreement, as amended, to farther extend the tolling period until July 11, 2016, as
described below.
AGREEMENT
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 Third Amendment, is
hereby deleted in its entirety and replaced with the following:
"4. This Agreement shall not extend beyond July 11,
2016, and shall be deemed by the Parties to be expired as of
11:59 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 Fourth Amendment, and shall continue to be binding on
the Parties.
3. This Fourth Amendment may be executed in counterparts, each of which will be
deemed to be an original and all of which together will be deemed 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 Fourth Amendment.
[Signatures continued on following page]
2
SIGNATURE PAGE TO TOLLING AGREEMENT
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Counsel for City of Santa Ana
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CITY OF SANTA ANA
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1901 . FIRST STREET OWNER, LLC
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Counsel for 1901 First Street Owner, LLC
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ATTEST
MARIA D. HUIZAR
CLERIC OF THE COUNCIL,