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HomeMy WebLinkAboutMINUTES - 01191993 - 1.36 To BOARD OF SUPERVISORS 1 0 36 FROM: Victor J. Westman, County Counsel /Contra l.< V a J DATE: January 19, 1993 SUBJECT: Tolling Agreement in Acme Fill Corporation v. Althin CD Medical, Inc., et al., U.S.D.C. No. C91 4268 SBA" SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION I. RECOMMENDATIONS: Receive this report concerning attached tolling agreement. II. FISCAL IMPACT: 'None III. REASONS FOR RECOMMENDATION: The Board of Supervisors has approved the attached tolling agreement in the above litigation. This action should be taken so that terms of the agreement are known publicly. CONTINUED ON ATTACHMENT: YES SIGNATURE; RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATUREISI: ACTION OF BOARD ON January 19", 1993 APPROVED AS RECOMMENDED X OTHER _ t VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS (ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES. AND ENTERED ON THE MINUTES OF THE BOARD` ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. CC: County Counsel ATTESTED January 19, 1993 County Administrator PHIL BATCHELOR, CLERK OF THE BOARD OF Attn: Joe Tonda SUPE VISORS AN COUNTY ADMINISTRATOR a BY 0 ,DEPUTY M382/7-83 TOLLING AGREEMENT This Tolling Agreement ("Agreement") is entered into as of January 12 1993, by and among Contra Costa County (the "County"), Valley Disposal Service, Inc., a dissolved California corporation, ("Valley Disposal") and Mrs. Francise Fiorentino (hereinafter collectively referred to as the "Participants") in connection with the Acme Landfill in Contra Costa County, California (the "Site"). WHEREAS, Participants have been named as defendants in Acme Landfill Corporation v. Althin CD Medical, Inc., et al., Case No. C91 4268 SBA (U.S. District Court, Northern District of California) ("Acme Case"). WHEREAS, Valley Disposal and Mrs. Fiorentino have presented claims to the County by letter dated June 12, 1992 (the "Claims"). WHEREAS, the Participants believe that exploration of common interests in the Acme Case will be enhanced if the Participants are not engaged in active pursuit of claims among themselves arising out of or associated with the Acme Case and therefore desire to postpone prosecuting those claims. NOW THEREFORE, in consideration of the promises and mutual agreements contained herein, and acknowledgment of the recitals set forth above, the Participants hereto agree as follows: A. The County agrees that the statute of limitations under California Government Code Section 945.6 and any other applicable statutes of limitation governing the time period within which Valley Disposal and Mrs. Fiorentino may file a complaint or otherwise take court action with respect to the Claims presented to the County is tolled from the date of this Agreement until June 1, 1993 (the "Tolling Period"). The Participants may extend the Tolling Period by written agreement. 1 B. Valley Disposal and Mrs. Fiorentino agree to provide prior notice to counsel for the County in the Acme case in the event that before May 1, 1993 they commence a separate action or file amended pleadings in the Acme case with respect to the Claims presented to the County. C. The Participants each deny liability or responsibility for any response costs, damages or other costs in connection with the Acme site. In no event shall entering into this Agreement or the Agreement itself be construed or used in any manner either as an admission of any responsibility or liability by any Participant or as a waiver by any Participant of any defenses or claim except as specifically provided in paragraph A herein. D. This Agreement shall be governed by and shall be construed and enforced in accordance with the laws of the State of California. E. This Agreement shall be binding upon and shall enure to the benefit of the successors and assigns of the Participants. F. This Agreement constitutes the entire agreement and understanding between the parties with respect to tolling the statutes of limitation in California Government Code Section 945.6 for filing a complaint or otherwise taking court action with respect to the Claims presented to the County by the June 12, 1992 letter. The provisions of this Agreement may be waived, altered, amended or repealed in whole or in part only upon the written consent of all Participants to this Agreement; provided, however, that any subsequent agreement shall not eliminate or reduce the portion of the Tolling Period from the date of this Agreement to the date of the subsequent agreement. IN WITNESS WHEREOF, the Participants have caused this Agreement to be executed by a duly authorized representative, as of the date first written above. Each person signing this Agreement represents and warrants that he or she has been duly authorized to 2 enter into this Agreement by, and to bind, the Participant on whose behalf it is indicated that the person is signing. Valley Disposal Service, Inc, a dissolved California corporation; Contra Costa County Francise Fior n B f/ n ' ys - : .. -, By. zx- Assistant County tounsel Scott W. Bowen Folger & Levin Attorneys for Valley Disposal Service, Inc. and Francise Fiorentino 3 . '