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.
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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:
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