1901 FIRST STREET OWNER, LLC. - 2016

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A -2016 -222 TOLLING AGREEMENT This Tolling Agreement ( "Agreement ") is entered into by and between the CITY OF SANTA ANA ( "City ") and 1901 FIRST STREET OWNER, LLCG ( "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. By this Agreement, the Parties wish 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:, a-id agree that litigation, if any, of such claims be held in abeyance and without prejudice to the rights of the Parties during the pendency of this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the covenants and conditions contained herein, the Parties agree as follows: 1. Neither Party will initiate litigation against the other for claims arising out of or associated with the Claim, subject to the terms and conditions of this Agreement. 2. In the event this Agreement expires or is terminated and either Party subsequently . initiates litigation against the other for claims arising out of or associated with the Claim, the other Party will not assert any defense(s) it may have based on the statute of limitations, or delay in bringing the action such as laches, estoppel, or waiver, to the extent such defense arises from the passage of time (or action or inaction) during the period this Agreement is in place and the tolling period contemplated herein is in effect. 3. The time period for either party to commence litigation for claims arising out of or associated with the Claim, against the other Party to this Agreement shall recommence ten (10) days after expiration or the effective date of any termination pursuant to Paragraph 4 of this