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Home My WebLink AboutM.M.R. FAMILY, LLC. and R.F.R. FAMILY, LLC. - 2007-09-17• JJ CITY OF HUNTINGTON BEACH Interdepartmental Communication TO: JOAN FLYNN, City Clerk FROM: JENNIFER McGRATH, City Attorney DATE: October 10, 2007 SUBJECT: M.M.R. Family LLC, et al. v. City of Huntington Beach OCSC Case No. 06CCO7095 This matter was heard in closed session and reported out on September 17, 2007. Attached please find the closed session report and the original, fully executed Tolling Agreement between Plaintiffs and the City of Huntington Beach. Please keep this Agreement on file in your office. T" NNIFER MCGRATH City Attorney Attachments 14796 CITY OF HUNTINGTON BEACH INTERDEPARTMENT COMMUNICATION CONFIDENTIAL ATTORNEY -CLIENT PRIVILEGE TO: CLOSED SESSION FILE FROM: JENNIFER McGRATH, City Attorney DATE: September 17, 2007 SUBJECT: M.M.R. Family LLC, et al. v. City of Huntington Beach Orange County Superior Court Case No. 06CCO7095 On Monday, September 17, 2007, the City Council convened in closed session to discuss the referenced matter pursuant to the litigation exception contained in Government Code Section 54956.9(a). Six members of the Council were present, including Mayor Gil Coerper, Keith Bohr, Cathy Green, Don Hansen, Jill Hardy, and Joe Carchio. Debbie Cook was absent. Also present were City Attorney Jennifer McGrath, City Administrator Penelope Culbreth-Graft, Deputy City Administrator Bob Hall, Deputy City Administrator Paul Emery, and Assistant City Attorney Scott Field. Council voted to authorize the City Administrator to execute the tolling agreement Vote: 5-1. Debbie Cook was absent at vote. Name Moved (M)/2.d Aye No Abstain Did Not Participate Bohr M X Carchio X Coerper X Cook X Green, C. 2"d X Hansen X Hardy X Voting Tally 5 1 TN�NIFER McGRATH City Attorney Attachment: Closed Session Memo to Agendize ® Disclosure Recommended ❑ Disclosure Not Recommended Legal Justification: ❑ Disclosure would interfere with service of process ❑ Disclosure would impair ability to settle Explanation: Reported out in open session of City Council on September 17, 2007. closed/07memo/MMR 9-17-07 TOLLING AGREEMENT This Tolling Agreement (the "Agreement") is being entered into by and between M.M.R. FAMILY, LLC. and R.F.R. FAMILY, LLC., dba HUNTINGTON SHORECLIFFS MOBILE HOME PARK; PACIFIC MOBILEHOME PARK, LLC., dba PACIFIC MOBILEHOME PARK; HOUSER BROS CO., dba RANCHO DEL REY MOBILE HOME ESTATES, and MANUFACTURED HOUSING EDUCATIONAL TRUST (collectively, "Plaintiffs") on the one hand, and the City of Huntington Beach (the "City") on the other hand, who agree as follows: This Agreement shall be effective as of September /37, 2007 (the "Effective Date"). For purposes of this Agreement, the terms "Party" and "Parties" shall refer individually and collectively to the Plaintiffs and the City. 2. On June 14, 2006, Plaintiffs filed a lawsuit challenging the validity of City Ordinance No. 3689, entitled M.M.R. Family LLC, et al. v. City of Huntington Beach, Orange County Superior Court Case No. 06CCO7095 ("the Action"). As consideration for Plaintiffs dismissing without prejudice the Action, the City agrees that all periods of limitation (statutory or otherwise) affecting the causes of action alleged in the Action shall be tolled from June 14, 2006, the date of the Action was filed, until the earlier of (1) the date Plaintiffs, or any of them, file suit against the City regarding Ordinance No. 3689, or (2) the date of termination of this Agreement by any of the Parties, which date shall be thirty (30) days after written notice to counsel (who executed this Agreement) for the other Parties, of the Party's intent to do so, via certified mail, return receipt requested (the "Tolling Page 1 of 4 13966 Period"). After the expiration of the Tolling Period, any time remaining under any applicable statutes of limitations shall commence to run. 3. Upon dismissal of the Action, each Party shall bear its own fees and costs. 4. By entering into this Agreement, the City does not waive the right to assert against Plaintiffs, or any of them, any statute of limitations defense based on the claim that the applicable statute of limitations to challenge the validity of Ordinance No. 3689 expired before June 14, 2006. It is the express purpose and intent of the Parties to preserve all claims and all defenses, and cross -claims that any Party had or could have asserted as of June 14, 2006. Furthermore, the Parties agree that nothing in this Agreement shall operate to revive or reinstate any claim that would be barred by any applicable statute of limitations and/or laches, which may have run as of June 14, 2006. 5. The Parties to this Agreement understand and acknowledge that the City does not admit any liability; the execution of this Agreement shall not be construed as an admission of any liability on the part of the City. This Agreement shall not be admissible in evidence in any subsequent litigation between the parties for any purpose other than to prove a tolling of the statute of limitations. 6. This Agreement shall not be construed against either Party. Page 2 of 4 13966 I 7. The persons signing below are duly authorized to act on behalf of the persons and entities obligated. 8. This Agreement and all of the provisions hereof shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns. This Agreement shall apply to no other persons or legal entities other than the Parties. 9. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 10. This Agreement may be executed in counterparts, and photocopies or facsimile copies of this Agreement may be used as originals. Each such counterpart, photocopy or facsimile copy of this Agreement shall be deemed an original, all of which together shall constitute one and the same instrument. [SIGNATURES ON NEXT PAGE] Page 3 of 4 13966 SEP-13-07 THU 08:42 AM ALLEN FAX N0, 7149692355 P. 05 Plaintiffs: Defendants..: M.M.R. FAMILY LLC:., ciba I-ILTNTINGTON CITY OF HUNTINGTON BEACH, a SI-IORECI-.II=�I,S MOBILE HOMI PARK municipal corporation of the State of r California 4 KJA":� print name � --_-T----� R,F.R. FAMILY LLC., dba I- UNTINGTON 5I 1ORECI-IFFS MOBIgLE HOME PARK APPROVED AS TO FORM: SCOTT FIELD, Assistant City Attorney ------------ ----- - -- - - - - APPROVED AS TO FORM: j print n:im_o_ ITS PACIFIC MOBILEROME PARK, IJ.,C., dba PACIFIC MOBILEHOME; PARK By print nnnle 1•rs ROUSER BROS CO., dba RANCHO DEL REY MOBILE HOME ESTAT.F?S Print name ITS MANUtyACTURND HOUSING I DIXATIONAL TRUST APPROVED AS TO FORM: print nanx V MICHAEL, H. LEIFER, ESQ. Attorney for Plaintiffs Page 4 of 4 'i'ot.LdNG AGRHGMFN'i'.doc Received Sep-13-07 07:42am From-7149692355 To-PALMIERITYLER Page 05 Plaintiffs: Defendants M.M.R. FAMILY LLC., dba HUNTINGTON CITY OF HUNTINGTON BEACH, a SHORECLIFFS MOBILE HOME PARK municipal corporation of the State of California By print name ITS R.F.R. FAMILY LLC., dba HUNTINGTON SHORECLIFFS MOBILE HOME PARK APPROVED AS TO FORM: By print name ITS PACIFIC MOBILEHOME PARK, LLC., dba PACIFIC MOBILEHOME PARK By print name ITS S�cegr ev Cn-u.►n/� HOUSER BROS CO., dba RANCHO DEL REY MOBILE HOME ESTATES print name ITS MANUFACTURED HOUSING EDUCATIONAL TRUST By. print name ITS 'DOLLING AGREEMENT.doc SCOTT FIELD, Assistant City Attomey APPROVED AS TO FORM: APPROVED AS TO FORM: MICHAEL H. LEIFER, ESQ. Attomey for Plaintiffs Page 4 of 4 -- -T :&d 9S:68 L®-LT-68 SE9K658T8 : WO-Zi xvd Fax f ron tly-14-01 13:4y rg; 6 Plaintiffs: M.M.R. FAMILY LLC., dba HUNTINGTON SHORECLUTS; MOBILE HOME PARK am print name ITS R.F.R. FAMILY LLC., dba HUNTINGTON SHORECLIFFS MOBILE HOME PARK print name ITS PACIFIC MOBILEHOME PARK, LLC., dba PACIFIC MOBILEHOME PARK Lo print name ITS HOUSER BROS CO., dba RANCHO DEL REY M?BILE HOME ESTATES By --'` oja�;/ Pt name rrs &E,Q . n'2 MANUFACTURED HOUSING EDUCATIONAL TRUST By print name ITS TOUJNG AGREEMENr.dac Defendants; CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California APPROVED AS TO FORM: SCOTT FIELD, Assistant City Attorney APPROVED AS TO FORM: APPROVED AS TO FORM: MICHAEL H. LEIFER, ESQ. Attorney for Plaintiffs Page 4 of 4 Plaintiffs: M.M.R. FAMILY LLC., dba HUNTINGTON SHORECLIFFS MOBILE HOME PARK By ri i print name ITS R.F.R. FAMILY LLC., dba HUNTINGTON SHORECLIFFS MOBILE HOME PARK Ul print name PACIFIC MOBILEHOME PARK, LLC., dba PACIFIC MOBILEHOME PARK 13Y. print naw ITS HOUSER BROS CO., dba RANCHO DEL REY MOBILE HOME ESTATES I3y, print name ITS MANUFACTURED HOUSING EDUCATIONAL TRUST Defendants: CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California APPROVED AS TO FORM: SCOTT FIELD, Assistant City Attorney APPROVED AS TO FORM: j;) h � ' �Q APPROVED AS TO FORM: y VtcK1*n M. T lle print na c L�— MICHAEL H. LEIFER, ESQ. TTS1,�" l �� f �CTD� Attorney for Plaintiffs Page 4 of 4 701-LING AGREEMENT.doc Plaintiffs: M.M.R. FAMILY LLC., dba HUNTINGTON SHORECLIFFS MOBILE HOME PARK By print name ITS R.F.R. FAMILY LLC., dba HUNTINGTON SHORECLIFFS MOBILE HOME PARK By print name ITS PACIFIC MOBILEHOME PARK, LLC., dba PACIFIC MOBILEHOME PARK By print name ITS HOUSER BROS CO., dba RANCHO DEL REY MOBILE HOME ESTATES By print name ITS MANUFACTURED HOUSING EDUCATIONAL TRUST By print name ITS Defendants: CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California APPROVED AS TO FORM: SCOTT FIELD, Assistant City Attorney APPROVED AS TO FORM: Page 4 of 4 TOLLING AGREEMENT.doc Plaintiff-,- M.M.R. FAMILY LLC., dba HUNTINGTON SHORECLIFFS MOBILE HOME PARK print name ITS MANAGER R.F.R. FAMILY LLC., dba HUNTINGTON SHORECLIFFS MOBILE HOME PARK print name ITS MANAGER PACIFIC MOBILEHOME PARK, LLC., dba PACIFIC MOBILEHOME PARK print name ITS MANAGER HOUSER BROS CO., dba RANCHO DEL REY MOBILE HOME ESTATES print name ITS MANAGER MANUFACTURED HOUSING EDUCATIONAL TRUST print name ITS MANAGER ni-fendnnt-,- CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California , Penny Culbreth-Graft City Administrator APPROVED AS TO FORM: SCOTT FIELD, Assistant City Attorney APPROVED AS TO FORM: MICHAEL M. LEIFER, ESQ. Attorney for Plaintiffs Page 4 of 4 13966