HomeMy WebLinkAboutWRCOG & Pardee Homes First Amendment Tolling Agreement TUMF Canyon Hills 12-12-2016 FIRST AMENDED TOLLING AGREEMENT
This FIRST AMENDED TOLLING AGREEMENT ("First Amendment") is made and
effective this f t 'day of December, 2016, ("Effective Date"), by and among the CITY OF
LAKE ELSINORE ("City"), the WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS
("WRCOG"), and PARDEE HOMES, a California Corporation ("Pardee") (collectively, the
"Parties,"and individually, a"Party").
RECITALS
A. On or about September 16, 2016, the Parties entered into a tolling agreement
("Tolling Agreement") to toll all applicable statutes of limitations relating to Pardee's claims
against WRCOG and/or the City arising from the improper imposition and collection of
Transportation Uniform Mitigation Fee ("TUMF") on certain portions of Pardee's Canyon Hills
Specific Plan development project (formerly known as the Cottonwood Hills Specific Plan)
("Project").
B. Under Section 5 of the Tolling Agreement, the Tolling Agreement shall expire on
December 15, 2016, at 11:59 p.m.
C. The Parties now desire to amend the Tolling Agreement, by way of this First
Amendment,to extend the expiration date set forth in Section 5 by ninety(90) days.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration,the receipt and sufficiency of
which is hereby acknowledged,the Parties agree as follows:
1. The expiration date of the Tolling Agreement is hereby extended for a term of
ninety (90) days,until March 15, 2017, at 11:59 p.m.
2. Except as modified by this First Amendment, all other terms, conditions and
provisions of the Tolling Agreement, including all rights, duties, obligations, and benefits
contained therein, shall remain in full force and effect.
3. This First Amendment may be executed in counterparts, each of which will be
deemed to be an original and all of which together will be deemed to be the same document. Each
Party certifies that the person signing below on the respective Party's behalf has the authority to
bind that Party to the covenants made in this First Amendment.
[Signatures continued on following page]
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SIGNATURE PAGE TO TOLLING AGREEMENT
CITY OF LAKE ELSINORE LEIBOLD, MCCLENDON M 1,1N. APC
By: Qrydnt Yates By: Barbara Leibold, Esq.
ity Manager City Attorney
ATTEST: may/
By: Susan Domen
City Clerk
WESTERN RIVERSIDE COUNCIL OF BEST BEST &KRIEGER
GOVERNMENTS
By: Rick Bishop By: Steven C. DeBaun, Esq.
Executive Director Attorneys for WRCOG
ATTEST:
By:
Its:
PARDEE HOMES,A CALIFORNIA JACKSON TIDUS
CORPORATION
By: Mike Taylor By: Michael L. Tidus, Esq.
Division President Attorneys for Pardee
1336515.1
2
SIGNATURE PAGE TO TOLLING AGREEMENT
CITY OF LAKE ELSINORE LEIBOLD,MCCLi?NDON&MANN,APC
By: Grant Yates By: Barbara Lcibold,Esq.
City Manager City Attorney
ATTEST:
By: Susan Domen
City Clerk
WESTERN RIVERSIDE COUNCIL OF BEST BEST&KRI�RHR
GOVERNMENTS
By: Rick Bishop X By: eve Q au q.
Executive Director A rneys for WRCOG
ATTEST:
By:
Its:
PARDEE IIOMES,A CALIFORNIA JACKSON TIDUS
CORPORATION
_ / r
By: Mike Taylor _ By: Michael L. Tidus, Esq.
Division President Attorneys for Pardee
1336515.1
2
SIGNATURE PAGE TO TOLLING AGREEMENT
CITY OF LAKE ELSINORE LEIBOLD, MCCLENDON & MANN, APC
By: Grant Yates By: Barbara Leibold, Esq.
City Manager City Attorney
ATTEST:
By: Susan Domen
City Clerk
WESTERN RIVERSIDE COUNCIL OF BEST BEST& KRIEGER
GOVERNMENTS
By: Rick Bishop By: Steven C. DeBaun, Esq.
Executive Director Attorneys for WRCOG
ATTEST:
By:
Its:
PARDEE HOMES, A CALIFORNIA JACKSON TIDUS
CORPORATION
11ZA1
rL
By: Mike Taylor By: Michael L. Tidus, Esq.
Division Pre ' ent Attorneys for Pardee
1336515.1
2