AMG Tolling Agreement 15693 E 14th Street 20220307

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Government Code section 66020, subdivision (d)(2), and Government Code section 65589.5, subdivision (in). NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, receipt of which is hereby acknowledged, the Parties agree as follows: 1. Each recital set forth above is incorporated herein and is part of this Agreement. 2, This Agreement shall be effective as of March 7, 2022 (Effective Date). The Parties agree that any statute of limitations that has or may commence pursuant to the Mitigation Fee Act (Government Code section 66000 et seq.) or Housing Accountability Act (Government Code section 65589.5) for any claim or cause of action that AMG has or might have to attack, review, set aside, void, or annul the imposition of the Park Fee to be levied on the Project by the City shall be and hereby is waived and tolled until two (2) years following the Effective Date (the "Tolling Period"). Any such statute of limitations shall, as to AMG only, expire on March 7, 2024, the last day of the Tolling Period, unless extended by a separate written agreement of the Parties. The Tolling Period shall not apply to any other claim or cause of action that AMG has or might have regarding any other aspect of the Project. This Agreement supersedes and replaces a previous Tolling Agreement entered into by the Parties with a three week tolling period. 4. The City hereby waives any defense it has or may have against AMG for any lawsuit, claim, or cause of action, including expiration of the statute of limitations, laches, estoppel, or waiver, arising from the passage of time prior to expiration of the Tolling Period. 5. This Agreement is intended to satisfy California Code of Civil Procedure section 360.5 and any other provision of law necessary to extend the applicable statutes of limitations. 6. The approval of this Agreement does not constitute and shall not be constnied as an admission by any Party of any liability regarding any claims or causes of action. This Agreement shall not be admissible in any proceeding as an admission of any factual matter against any Party, except as to the Agreement and waiver set forth in this Agreement. 7. There are no intended third -party beneficiaries of any right or obligation assumed by the Parties pursuant to this Agreement. 8. This Agreement shall be governed by the laws of the State of California. 9. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 2