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Home My WebLink AboutPLC LAND CO. - 2000-10-18 • 0 LJ ji Of@ CITY OF HUNTINGTON BEACH ila" INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH TO: CITY CLERK FROM: Jennifer McGrath, Deputy City Attorney —4 OFFICE OF CITY ATTORNEY, GAIL HUTTON DATE: 12/5/00 SUB CT: PLC Tolling Agreement 641 or For -completion of the Clerk' s file attached is the above referenced agreement with original signatures of all signing parties. JMP/k c r� ORIGINAL TOLLING AGREEME\T THIS TOLLING AGREEMENT (this "Agreement") is entered into as of October$, 2000, by and between, on the one hand. PLC, a California general partnership ("PLC"), and THE CITY OF HUNTINGTON- BEACH, a municipal corporation(the "City"), with reference to the following facts: RECITALS: A. PLC is successor-in-interest to.Pacific Coast Homes, a California corporation, and Garfield Partners, a California general partnership, with respect to that certain Development Agreement by and between the City of Huntington Beach ("City") and Pacific Coast Homes and Garfield Partners (the "Development Agreement"). B.' The City Council (the "Council") of the City at its adjourned regular meeting held on Monday. July 5. 2000 took action on the following Public Hearing Appeal with respect to that certain 2.7 acre parcel of property located in the County of Orange ("County") on the west side of Edwards Street, approximately 150 feet south of Ellis Avenue (the "Property"): 1. Upheld the decision of the City's Planning Commission (the."Planning Commission") to deny Negative Declaration No. 99-18 (the "Negative Declaration") and recommend denial of the annexation of the Property from the County to the City (the "Annexation") to the Local Agency Formation Commission ("LAFCO"); 2. Upheld.the decision of the Planning Commission to deny Zoning Map Amendment-No. 99-2, Zoning Text Amendment No. 00-1, and Local Coastal Amendment No. 00-1, with findings for denial; and 3. Upheld the decision of the Planning Commission to deny the request for approval of Tentative Map No. 15690 (the "Map") and Conditional Use Permit\o. 99-14 (the "CUP") for a ten (10) unit residential subdivision and allow development on the Property with greater than a three (3) foot grade differential between the high and low points of the Property pursuant to Section 230.70 of the City's Zoning and Subdivision Ordinance. C. The foregoing applications submitted by PLC are hereinafter collectively referred to as the "Entitlements." D. PLC received written notice of the July.5, 2000 decisions of the City Council from the City Clerk on July 20, 2000. E. In order to preserve any and all legal and equitable claims that PLC may have against the City arising out of or in any way related to the Property and the City's denial of the Entitlements (including PLC's claim that the Property and the disputes arising from the City's denial of the Entitlements are subject to the Development Agreement) (collectively, the "Potential Claims"), and in order to avoid the distraction of asserting claims and defenses against one another, the parties hereto intend to enter into this Agreement for the purpose of tolling the running of any statute of limitations period on any actions involving all claims and defenses PLC may have against the Cite that arise out of or relate to the Potential Claims. 552316.020C NOW, THEREFORE, it is hereby agreement by and among the parties hereto as follows: l. Tolling of Statute of Limitations: Any and all statutes of limitation and time related defenses, including lathes (collectively, the "Statutes of Limitation") relating to any and all of the Potential Claims, shall, be deemed tolled during the time period commencing from the date of this Agreement and continuing for a period of six (6) months thereafter from the date of this Agreement. The parties may, by mutual written agreement, extend and modify the six (6) month term of this Agreement. 2. No Admission. Notwithstanding anything contained herein, this Agreement shall not be used by any party hereto to establish or contest the validity or existence of the Potential Claims. There are no third-party beneficiaries created or intended to be created by this Agreement. Moreover, this Agreement is subject to the provisions of Evidence Code Section 1152. 3. Amendments. This Agreement may not be modified, shortened, extended, altered or amended, except by a writing signed by or on behalf of each of the parties to this Agreement. 4. Entire Agreement. This Agreement constitutes the entire agreement among the parties hereto pertaining to the subject matter contained in this Agreement and supersedes all prior or contemporaneous written or oral agreements or representations of the parties with respect to such matters, all of which have been merged and finally integrated into this Agreement. S. Confidentiality. 'Neither the existence nor the contents of this Agreement shall, without prior written authorization of all parties hereto, be disclosed at any time, in any manner whatsoever, except; (a) as required by law; (b) as necessary to fulfill any business purposes of any party hereto; (c) as among the parties and their counsel; or (d) in the event of a breach of this Agreement by any party hereto who is seeking to enforce the terms of this Agreement. 6. Counterparts. This Agreement may be executed in counterparts, each of which shall constitute a duplicate original. 7. Notices. Notices hereunder shall be provided in writing and shall be sent by certified mail to each of the signatories of this Agreement at the address provided on the signature page hereto. In order to effectively require notice to be given at a place not set forth on the signature page hereto, a party shall notify the other signatories hereto of such-new address in writing by certified mail to all of the signatories hereto. 8. California Law. This Agreement shall be governed by California law without regard to any doctrines of conflict of laws. 552316.0210C 9. Attorneys' Fees. Each party shall bear its own costs, expenses, and attorneys fees in any action, proceeding, or litigation commenced to enforce the terms of this Agreement. (Rest of Page Left Intentionally_Blank 552316 0110C "Developer" PLC, a California general partnership By: PLC Holdings, a California general partnership, its general partner By: PACLACO, INC., a California corporation, its general partner By: Name: Its: By: Name: Its: By: T/L HUNTINGTON BEACH LTMITED LIABILITY COMPANY, a Delaware limited liability company By: LENNAR HUNTINGTON BEACH, INC., a California corporation as a managing member By: Name: Its: By: Name: Its: "City" THE CITY OF HUNTINGTON BEACH, a municipal corporation By: City Attorney ,n �3 00 a 7 Al ATTEST: City Clerk 552316 02 OC P6639-003:10-12-00--rmj sp -4- "Developer" PLC, a California general partnership By: PLC Holdings, a California general partnership, its general partner By: PACLACO, INC., a California corporation, its general partn B Name: Its: By: Name: _CI&U57-OPNIc2 �'rtgrs Its: _..SC 206-" - Bv: T HUivTT : GTON BEAC LIMIT LIA LITY C PANY, a De ware li ted bility ompany By: LEN R HUIv NGTON B H, IN , alifo 'a torpor ion as a ing me ber By: ame: Its. By: Name: Its: "City" THE CITY OF HUNTI- GTON BEACH, a municipal corporation By: City Attorney ATTEST: City Clerk 352316.010C By: T/L HUNTINGTON BEACH LIMITED LIABILITY COMPANY, a Delaware limited liability company By: LENNAR HOMES OF CALIFORNIA, a California corporation as a mana g member By: Name. ►-C rro�t� By: Name: Its: STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) On _( _, 2000, before me. `IiL& U►'. OLL� r P.4 _ personally appeared 94M and • GtBm , personally known to me (op to be the person(s) whose name (s)-Ware subscribed to the within instrument and acknowledged to me that l e!they executed the same in hi!i+ r/their authorized capacity(ies), and that by l tr/their siQnature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. NNq'TESS my hand and official seal. MARTHA J.DICKEY Commission# 1147120 No'ary Puolic-Callornla Orange County My Comm.Expires Juk 16.2001 Sig re of1tary Pluic _ STATE OF CALIFORNIA ) COUNTY OF ORAINTGE ) On } r , 2000, before me, C. arar 1� personally appeared and �1 personally known to me ( ) to be the persons whose names is(Q)subscribed to the within instrument and acknowledged to me that l ev executed the same-in h+jyke ei authorized capacit) ies , and that by l their ignaturq5 on the instrument the person or the entity upon behalf of which the person(s)acted, executed the instrument. WITNESS my hand and official seal. DE Lam cmwwwm#12sM7 NakX,Mft-nafsomin MVC MmB0m5 .2W j4 �U Signature of Notary public