ET AL-TOLLING AGREEMENT - Laserfiche WebLink

FEB 27 '98 ll:3?AM MORRISOM FOERSTER P'~×~ IE. Zone ? and DSlt. SD ar~ willin$ to toll thc applicable statute oflimitatinns undgr thc California Environmental Quality Act ("CEQA") for. a period of thirty (30) days for the purpose of discussing with Pleasanton and Livermore thc establishment of a timeline and process, and mutually agreeable objectives, for that certain policy initiative of Zone 7 referred to as the "Water Sc-twice Expansion Policy." Windernere and Shapell also are wiring to so toll the statute of limitation. NOW, TI-~B.EFORE, the pan/es agree aa follows: 1. The limitations period established under CEQA for tho commencement of an), action aga'mst Zone ? arising out of its approval of tim Dougherty Water Transfer shall be toiled, as to Plcasanton and Liverrnore only, commencing on the date hereof and continuing for a period of thirty (30) days her~aP~r (the "Tolling Period"). 2. At the conclusion or'the Tolling Period, such limitations period shall have remaining the same number of days as were remaining on the date hereof and shall expire upon the last such remaining da),; provided, however, that should the resulting expiration o£such limitations period fall on a week-end or legal holiday, the statute shall not cxph-~ until the fol[owin$ business day (the "Limitations l~xpiration Date"). The parties agree that, subiect to the provisions of Section 6 below, the Limitations F_,xpirafion Date is April 1, 1995. 3. Any legal action by Pleasanton or Livermore to challenge Zone ?'s approval of the Dougherty Water Transfer shall be ged on or before the Limitations Expiration Date. Subject to Section 6 below, Zone ?, DSRSD, v~rmdemere and Shape. il, and each of them, agree not to assert as an issue, claim or defense to a legal action filed by Ple~-,nton or Livermore challenging Zone 7's approval of the Doughony Water Transfer that the legal action is time-barred due to Pleuanten's or Liverrnore's failure to file the legal action within the applicable limitation peilod or periods for challenges pertaining to Zone 7's approval ofthe Dougherty Water Transfer, so long as an)' such legal a~ion is fled on or before the Limitations Explration Date. IfcitherPleasanton orLivermore fails to file, on or before the Limitations F, xpiration Date, a legal action challenging Zone 7's approval of the Dougherty Water Transfer, then such agency shall be deemed to have waived any and all fights to challenge the DoughortT Water Transfer (including any action by Zone 7, DSRSD or other public agency in furtherance thereof) and any such challenge shaU be deemed to be time-barred. 4. Nothing in this Asreement shall be deemed to limit, abrogate or waive any right of any party to that certain settlement agreement en~red into between Pleasanton, Contra Costa' CounD', Windemere and Shapeil, dated June 20, 1995, including any right to object to any action or inaction by Pieasanton that viohttes the terms and provisions o£such settlement agreement. 2 wc..20075