HomeMy WebLinkAboutAGR-7666.2 - MILAN REI X, LLC. - CREEKSIDE SECOND EXTENSION OF TOLLING AGREEMENT
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SECOND EXTENSION OF TOLLING AGREEMENT
On February 23, 2024 (the “Effective Date”), Milan REI X, LLC, a California limited
liability company, (“Milan”) and the City of Orange, a municipal corporation (the “City”)
(collectively, the “Parties”), entered into a tolling agreement (“Agreement”) concerning Milan’s
application for a housing development project in the City on the real property located along
Santiago Canyon Road with the Assessor’s parcel numbers of 370-011-08, 370-041-12, 370-011-
18, 370-011-22, 370-041-25, 093-280-07, 093-280-27, 093-280-29, 093-280-30, and 093-280-07
(the “Property” or “Creekside Village site”). The executed Agreement is attached as Exhibit “A”.1
RECITALS
A. The Agreement, in recital “F”, noted that a primary reason the Parties wished to enter into
the Agreement was a desire to evaluate non-residential uses for the Property. To that end, the
Parties continue to assess non-residential uses and wish to extend the Agreement to continue to
evaluate such uses.
B. The Agreement in recital “G”, noted the Parties agreed to a Tolled Application Period as
defined in therein and as stated in the Agreement paragraph 2. The Agreement in recital “H”,
noted the parties agreed to a Tolled Litigation Period as defined therein and as further defined in
the Agreement paragraph 3. The Tolled Application Period and the Tolled Litigation Period are
collectively referred to at the Tolled Periods in the Agreement paragraph 4.
C. The Agreement paragraph 6 provides that in the Parties’ discretion, prior to the termination
of the Tolled Periods, the Agreement may be mutually extended in writing for an additional
period(s) of time.
D. As of the date of this Extension Agreement, the Parties agree that the Tolled Periods have
not expired.
E. On July 29, 2024, the Parties agreed to an extension of the Tolling Agreement to February
23, 2025.
NOW, THEREFORE, in consideration of the terms and conditions of this Extension, and
for good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Parties hereby agree as follows:
1 The Agreement contains two scrivener errors in Recitals “B” and “C.” Recital “B” should state “On or
about October 16, 2023, Milan submitted a preliminary application for a housing development project on
the Creekside Village site.” Recital “C” should state “The October 16th application (the “Application” for
the “Project”) replaced a previously filed application for a housing development project on the Property.”
These corrections to the Recitals are hereby incorporated into the Agreement.
Docusign Envelope ID: AD8EF1E1-8C9E-4048-96F0-760F86CFD523
AGR-7666.2
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AGREED TERMS AND CONDITIONS:
1. Material Terms of Agreement. All material terms of the Agreement remain in force
and effect and are incorporated herein by this reference and made a part hereof.
2. Extension of Tolling Agreement. The Tolling Agreement is hereby extended for
ninety (90) days from February 23, 2025, until May 28, 2025.
IN WITNESS WHEREOF, and intending to be legally bound, each Party hereto has
caused this Extension to be executed as of the date(s) set forth below.
MILAN REI X, LLC,
a Delaware limited liability company
Name: Christopher Nichelson
Its: President of its Managing Agent
Dated:
CITY OF ORANGE,
a municipal corporation
Name: Thomas C. Kisela
Its: City Manager
Dated:
ATTEST:
Pamela Coleman, City Clerk
APPROVED AS TO FORM:
Kirsten Shea, Senior Assistant City Attorney
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Docusign Envelope ID: AD8EF1E1-8C9E-4048-96F0-760F86CFD523