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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 • • C zrzl 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-