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11-0401_ADVANCED GROUP 99-SJ & 03-79-2 (ARES)_Tolling Agreement 2nd AmdSECOND AMENDMENT TO TOLLING AGREEMENT This Second Amendment to Tolling Agreer ent (the "Second Amendment") is entered into by and between the County of Orange (the "County"), the City of San Juan Capistrano and the San Juan Capistrano City Council (collectively, the "City"), and Advanced Real Estate Services, Advanced Group 99 SJ, and Advanced Group 03-79-2 (collectively "ARES"), and shall be considered effective -as of April 1, 2011. The County, the City and Advanced are collectively referred to herein as the "Parties." Explanatory Recitals 1. The Parties have entered into a Tolling Agreement effective as of October 5, 2010 and attached hereto as Exhibit 1(the "Agreement'). 2. The Parties thereafter entered into an Amended Tolling Agreement effective as of February 1, 2011: 3. The Parties desire to amend the Tolling Agreement for a second time according to the terms set forth hereinafter. Terms of Second Amendment to Tolling -Agreement . 1. • Section 1 of the Agreement is hereby amended such that the term "ninety days" is replaced with the term "ona hundred ninety-five (195) days." The term of the Tolling Agreement will expire on May 18, 2011. 2. The Parties agree that neither the fact that the Parties entered into this Agreement nor the term. or length of this Agreement will be raised in any fashion during any subsequent Court proceeding, City Council meeting, County Council meeting, or any other similar fonun. 3. Except as expressly amended herein, all other terms of the Agreement shall remain in full force and effect and are not in any way altered, changed or modified by this Amendment. 4:. Each signatory declares that he or she is the person officially authorized to execute this Amendment on behalf of that eptfty. Dated: D, 2011 NICHOLAS S. PFEWOS, COUNTY COUNSEL By: Attorneys for County of Orange Authorized by the Orange County Board of Supervisors on ! pursuant to County Counsel litigation management authority. 6 N73642268.2 Dated: April 4, 2011 THE CITY OF SAN JUAN CAPISTRANO By: JAN/Cl, Interim' City Manager Dated: April 4, 2011 SAN J,ANO CITY CLERK By: Dated: April 4, 2011 SAN JUAN CAPISTRANO ' ATTORNEY By: , Omar Sandova Dated: March 92011- "ADVANCED" Advanced Group 99 -SJ, a California limited partnership :. By: Name: Title: By: Name: Title: Advanced Group 03-79-23, a California limited partnership By: Name: Title: 2 N73642268.2 Dated; March-----, 2011 Dated: March , , 2011 Dated: March Z5 , 2811 'AM64 xsss THE CITY OF SAN JUAN CAPISTRANO By: Sam Allevato, Mayor SAN JUAN CAPISTRANO CITY CLERK By: Maria Morris SAN JUAN CAPISTRANO CITY ATTORNEY By: Omar Sandoval "ADVANCED" Advanced Group 99 -SJ, a California limited partnership By: Namc: R Robb Cerruti Title: Secretary By: Name: Title: Advanced Group 03-79-2, a California limited partnership By: NameI�P-o bbAi Title: Secretary 2 Advanced.Real Estate Services By: Name: 4RAbb Cerruti Title: Assistant Secretary By: Name: ' Title: An36MB.2