1901 FIRST STREET OWNER, LLC. (3)

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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: