10-1005_ADVANCED GROUP 99-SJ & 03-79-2 (ARES)_Tolling AgreementTOLLING AGREEMENT
This Tolling Agreement (the "Agreement") is entered into by and between the County of
Orange (the "County") the City of San Juan Capistrano and the San Juan Capistrano City
Council (collectively, the "City"), and Advanced Real Estate Services, Advanced Group 99 SJ,
and Advanced Group 03-79-2 (collectively "ARES"), and shall be considered effective as of
October S , 2010. The County, the City and Advanced are collectively referred to herein as the
"Parties." This Agreement is made based on the following facts:
WHEREAS, ARES has an application pending before the City for the development of
certain property within. the City known as San Juan Meadows and Distrito la Novia (the
"Project").
WI IEREAS, the County has expressed a number of concerns with respect to the
environmental effects of the Project and also with potential environmental liabilities from the
former Forster Canyon Landfill which exists within the San Juan Meadows site.
WHEREAS, should the City approve the Project, the County will be required to pursue
its judicial remedies to challenge the Environmental Impact Report for the Project within 30 days
following the filing of a Notice of Determination by the City.
WHEREAS, the Parties want to preserve their rights to enter into settlement discussions
which may lead to a resolution of the issues between the Parties with respect to the
environmental issues and the Landfill issues.
WHEREAS, the Parties may wish to continue these discussion even after the City acts
on the Project without the constraint of the County having to file litigation challenging the
Environmental Impact Report for the Project within the relatively short CEQA statute of
litigation (the "CEQA" Litigation").
NOW, THEREFORE, the Parties have agreed to toll all statutes of limitation and statutes
of ultimate repose applicable to the filing of the CEQA Litigation on the following terms and
conditions:
I. With respect to the Project, the running of all statutes of limitation and/or statutes
of ultimate repose applicable to the filing of the CEQA Litigation is hereby tolled effective as of
the date of the filing of the Notice of Determination by the City through and including a period
ending ninety days thereafter (the "Tolling Period").
2. The Parties agree that the comments previously submitted by the County to the
Planning Commission and the San Juan Capistrano City Council are sufficient to afford the
County standing to bring the CEQA Litigation.
A/73515158.I
3. If the County files the CEQA Lawsuit prior to the expiration of the Tolling Period
noted above, the City and ARES agree not to assert any defense that the CEQA Litigation is time
barred or untimely..
4. The City and ARES will take no further action toward improving and/or
developing the Project during the Tolling Period,
5. The terms of this Agreement constitute the entire agreement between the Parties
regarding the tolling of any statutes of limitation or repose in the CEQA Litigation, and this
Agreement may not be modified, altered or changed in any way except in writing signed by the
Parties.
6. This Agreement is to be construed, interpreted and enforced in accordance with
California law. Any action relating to the enforcement or interpretation of or otherwise arising
out of this Agreement shall be brought only in Orange County Superior Court.
7. This Agreement may be executed in counterparts, each of which shall be deemed
an original, but all of which shall constitute one and the same agreement. Each party represents
and warrants that the individuals executing this Tolling Agreement on each party's behalf
possesses full authority to execute this Agreement. Signatures by facsimile shall have the same_
force and effect as original signatures.
8. Each signatory declares that he or she is the person officially authorized to
execute this Tolling Agreement on behalf of that entity.
Dated: November , 2010
NICHOLAS S. CHRISOS, COUNTY COUNSEL,
and ROGER P. FREEMAN, SENIOR DEPUTY
By �...�. f
Rog M. Freeman, Senior Deputy
Attorneys Cor County of Orange
Authorized by the Orange County Board of Supervisors on October S, 2010 pursuant to County Counsel
litigation management authority.
A173515168.1
Dated: October 5`-,
2010
ATTESTED BY:
Dated: October 3—, 2010
Dated: October , 2010
THE CITY OF SAN JUAN CAPISTRANO
By:
Dr. Londres , Mayor
SAN
By:
TRANO CITY CLERK
SAN JUAN CAPISTRANO CITY
By:
Omar Sandoval
Dated: October , 2010 "ADVANCED"
ATTORNEY
Advanced Group 99 -SJ, a California limited
partnership
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