HomeMy WebLinkAboutC-2927 - Tolling Agreement19M197i
PAUL. BRADY, JR., City Manaaer
Coy of Iwine. One C vic Corte, Plaza. P.O. Box 79575 (,vmo. Ca :!Inmia 92713 (-1711)7246000
DECEMBER 7, 1992
Kevin J. Murphy, City Manager
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Dear Kevin:
I have had an opportunity to review the proposed tolling agreement.
The City Attorney and I have made a minor modification to correct
language in paragraph 2.
When the Irvine City Attorney made his revisions and faxed them
back to you, the Newport Beach typist apparently misread his
handwritten changes. As a result, paragraph 2 of the version you
sent to me did not make any sense. Kevin, rather than once again
sending our handwritten changes, we have prepared a retyped
agreement in toto for expediency sake and send it to you for your
signature.
Let me know if you have any questions regarding this.
sincerely,
po',AL
PAUL BRADY, JR.
City Manager
PB:cl
: ,a.*. 'id, 724c-045 D rell Lie: (714) 7246249
PRINTED ON REC`!CLED PAPER
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TOLLING AGREEMENT
WHEREAS, on October 27, 1992, the City of Irvine approved a
resolution certifying Final Program Environmental Impact Report
No. 88 -ER -0087 EIR in conjunction with the approval of the Irvine
Business Complex General Plan Amendment No. 7234 -GA (Amendment)
and Zone Change No. 88 -ZC -0135 (Zone Change); and
WHEREAS, the City of Newport Beach believes the Amendment
and Zone Change will generate additional traffic that could
create congestion on roadways and intersections within the City
of Newport Beach; and
WHEREAS, the City of Newport Beach has expressed concerns
about the adequacy of the EIR and the measures adopted by the
City of Irvine to mitigate the impacts of the Amendment and Zone
Change; and
WHEREAS, litigation challenging the adequacy of the EIR, the
mitigation measures, or the findings made by the City of Irvine
in conjunction with the approval of the Amendment and Zone Change
must be commenced within thirty (30) days after filing of the
Notice of Determination, which occurred on October 28, 1992; and
WHEREAS, the City of Newport Beach and the City of Irvine
are mutually desirous of discussing a resolution of the concerns
of the City of Newport Beach prior to, and without the necessity
of, litigation.
r 131NO"1704on UM576.3 >voan -1-
•
NOW, THEREFORE, the Cities of Newport Beach and Irvine agree
as follows:
1. The time within which the City of Newport Beach is required
to file any legal challenge to the approval of the EIR,
Amendment and Zone Change by the City of Irvine, including,
but not limited to, any applicable statutes of limitation in
the California Environmental Quality Act, shall be tolled
until December 28, 1992.
2. Except as provided in Paragraph No. 1, the City of Irvine
reserves, and the parties stipulate that the City of Irvine
shall not be deemed or considered to have waived or be
estopped from asserting, any and all applicable rights or
defenses against any legal challenge to the approval of the
EIR, Amendment or Zone Change.
3. The terms of this Agreement constitute the complete
understanding between the parties and may not be modified,
altered or supplemented, except upon the written consent of
both parties.
4. Reference in this Agreement to the City of Irvine or the
City of Newport Beach shall mean the respective cities, the
City Councils and individual members thereof, as well as
their respective officers, employees, agents and
representatives.
A32\131\0$817010305\207A576.1 17/04/92 -2-
IN WITNESS THEREOF, the parties have caused this Agreement
to be executed by duly authorized representatives.
DATED: 7 (�`�Z CITY OF IRVINE
By:
City Man
DATED: Z D Z CITY OF NEWPORT BEACH
By:
KdvUi J. Mr y,
City Manage
P821131\008170M0512074576.1 17/01/92 -3-