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Home My WebLink AboutC-2616i AMENDMENT TO TOLLING AGREEMENT This Amendment to Tolling Agreement ( "Amendment ") is entered into by and between (a) the County of Los Angeles ( "County") and the Los Angeles County Flood Control District ( "District ") and (b) the City of Arcadia ( "City ") (all collectively referred to herein as the "Parties" and individually as "Party ") and is effective as of March 1, 2011. WHEREAS, the County and District have filed with the City administrative claims (the "County's and District's Administrative Claims "); WHEREAS, the Parties entered into a Tolling Agreement on or about February 3, 2010 ( "Tolling Agreement "), extending the time for the County and the District to bring an action against the City, which Tolling Agreement expires on March 12, 2011; WHEREAS, the Parties mutually wish to amend the Tolling Agreement to further extend the time within which the County and the District must bring an action against the City, such that the tolling period expires on March 12, 2013; NOW, THEREFORE, the Parties agree as follows: 1. Paragraph 1 of the Tolling Agreement is hereby amended to provide that the Tolling Period (as defined in Paragraph 1 of the Tolling Agreement) is hereby tolled and extended from March 12, 2011 through March 12, 2013 or until the Tolling Agreement is terminated, whichever date comes first. effect. 2. All other provisions of the Tolling Agreement remain in full force and 3. The undersigned represent that they have the authority to sign on behalf of, and to bind to this Amendment, the entities set forth below. 4. This Amendment and the Tolling Agreement shall constitute the entire agreement of the Parties with respect to the subject matter thereof and may not be modified except in a writing signed by the Parties. 5. This Amendment may hq signed in counterparts, and each counterpart C «, shall be deemed an original,: but 'ail:o ", which shall constitute one and the same instrument. FOR THE COUNTY AND DISTRICT: Dated: / " 1 '2011 FOR THE CITY OF ARCADIA: Dated: March 2 2011 ANDREA SHERIDAN ORDIN, County Counsel JUDITH A. FRIES, Principal Deputy County Counsel LAURIE E. DODS, Deputy County Counsel ith A. Fries ar Donald Penman, City nager APPROVED AS TO FOPN: Stephen P. Deitsch City Attornev -2- TOLLING AGREEMENT This Tolling Agreement ( "Agreement ") is entered into by and between (a) the County of Los Angeles ( "County ") and the Los Angeles County Flood Control District ( "District ") and (b) the City of Arcadia ( "City ") (all collectively referred to herein as the "Parties" and individually as "Party ") and is effective as of the date signed by the City below. WHEREAS, the County and District have filed with the City administrative claims (the "County's and District's Administrative Claims ") WHEREAS, the County's and District's Administrative Claims allege that the City is liable to the County and the District, in whole or in part, for any costs, expenses, or other relief that might be imposed on the County or the District in a case currently pending in the United States District Court for the Central District of California captioned Natural Resources Defense Council, Inc. et al. v. County of Los Angeles et al., Case No. CV 08- 1467 -AHM (PLAx) (the "Lawsuit "). WHEREAS, Code of Civil Procedure section 360.5 provides that parties may extend by written agreement a limitation period established in Title 2 of Part 2 of the Code of Civil Procedure; WHEREAS, Code of Civil Procedure section 342, contained in Title 2 of Part 2 of the Code of Civil Procedure, referring to Government Code section 945.6, provides that the time for the County and the District to bring an action against the City for causes of action for which a claim is required to be presented is two years from the accrual of the cause of action, which is on or about March 12,2010; ORANG&WPRIES7164874.1 WHEREAS, the Parties mutually wish to extend the time within which the County and the District must bring an action against the City and vice versa such that the time is extended to and including March 12, 2011; NOW, THEREFORE, the Parties agree as follows: The period during which the County and the District must bring an action against the City on the County's and District's Administrative Claims and the period during which the City must bring an action or claim against the County and/or District for causes of action arising from the County's and District Administrative claim or the Lawsuit, are hereby tolled and extended as of the effective date of this Agreement through March 12, 2011 or until this Agreement is terminated, whichever date comes first (the "Tolling Period ") The Parties further agree that there shall be a suspension of any and all applicable statutory limitations and non - statutory periods, including, without limitation, the equitable doctrine of laches, which may otherwise apply to the County's and District Administrative Claims, as well as any defenses thereto, during the Tolling Period. Nothing in this Agreement shall revive any claim which, as of the commencement of the Tolling Period, would have been barred at law or in equity. 4. This Agreement may be terminated by the City, the County and /or the District by giving thirty (30) days prior written notice in accordance with the notice provisions in Paragraph 6 hereof. Such notice shall specify as to which Party or Parties it is directed. Such notice will terminate this Agreement only with respect to the Party or ORANGE \WPRIEST\64874.1 2 Parties to which it is directed and the Party or Parties from which it is given. The entry into this Agreement by the Parties shall not be construed to represent any admission by the Party with respect to the subject of the County's and District's Administrative Claims or any defenses thereto, including but not limited to any allegation in the County's and District's Administrative Claims or any allegation in Natural Resources Defense Council, Inc. et al v. County of Los Angeles et al., Case No. CV08- 1467 -AHM (PLAx). Any notices required to be made under this Agreement shall be made in writing to the address of the appropriate Party as set forth below. All such notices shall be deemed to have been duly given and received upon first -class U.S. mailing, facsimile, electronic mail or delivery by courier or personal delivery service. If a Party delivers a notice by means of facsimile transmission or electronic mail, it must also send a copy of that notice address by delivery of written notice pursuant to the terms of this Agreement. To the County and the District: Judith A. Fries, Esq. Principal Deputy County Counsel Office of the County Counsel 648 Kenneth Hahn Hall of Administration 500 W. Temple Street, Room 653 Los Angeles, California 90012 Phone: (213) 974 -1923 Fax: (213) 687 -7337 E -mail: jfries @counsel.lacounty.gov 0RANGE \WPR1ES7164874.1 3 To the City: Stephen P. Deitsch City Attorney City of Arcadia 240 W. Huntington Drive Arcadia, California 91007 Phone: (626) 574 -5407 Fax: (626) 446 -2991 E -mail: CityAttorneyGeneralMailbox (a ci.arcadia.ca.us The undersigned represent that they have the authority to sign on behalf of, and to bind to this Agreement, the entities set forth below. 8. This Agreement shall constitute the entire Agreement of the Parties with respect to the subject matter hereof and may not be modified except in a writing signed by the Parties. This Agreement may be signed in counterparts, and each counterpart shall be deemed an original, but all of which shall constitute one and the same instrument. FOR THE COUNTY AND DISTRICT: / / ANotwll S N��Dt` d�0l!1 Dated: k S '2010 ,Acting County Counsel JUDITH A. FRIES, Principal Deputy County Counsel LAURIE E. DODS, Deputy County Counsel 0, __9 "JudithA. Fries 0RANGE \WPRIEST \64874.1 4 FOR THE CITY OF ARCADIA: Dated: Fe-katify 201 0 /-75s; C f ; onald Penman, Cit anager APPROVED AS TO FORM: Dated: ��-y 3 , 2010 . zk�� Stephen P. Deitsch City Attorney ORANGBWPRlESI164874.1