BKK Working Group (2015)
Contracts and Agreements
BKK Working Group (2015)
3/10/2016 4:38:11 PM
3/10/2016 4:38:10 PM
CONTRACTS and AGREEMENTS
BKK Working Group
Third Tolling Agreement - BKK Corporation Landfill Facility
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s 1 <br /> THIRD TOLLING AGREEMENT <br /> This Third Tolling Agreement("Agreement")is made and entered into by and between <br /> the BKK Working Group and the City of Rancho Palos Verdes. The BKK Working Group is an <br /> unincorporated association of thirty-three entities, identified in Exhibit A,who in August 2010 <br /> entered into a Second Consent Decree with the California Department of Toxic Substances <br /> Control ("DTSC")related to the BKK Corporation Landfill Facility("DISC Consent Decree"), <br /> located in West Covina, California("Facility"). Hereinafter,the BKK Working Group and the • <br /> City of Rancho Palos Verdes are singularly referred to as a"Party"and collectively referred to as <br /> the"Parties." <br /> Recitals <br /> A. The BKK Working Group has notified the City of Rancho Palos Verdes that it <br /> may have legal liability based upon the disposal of waste material at the Facility under the <br /> Comprehensive Environmental Response,Compensation,and Liability Act,42 U.S.C. §§9601, <br /> et seq. The City of Rancho Palos Verdes denies such liability for purposes of this Agreement. <br /> B. The Parties entered into a tolling agreement("2009 Tolling Agreement")effective <br /> in 2009 that tolled any applicable statute of limitations governing claims that the BKK Working <br /> Group could assert against the City of Rancho Palos Verdes or vice versa relating to the Facility <br /> until 2012. <br /> C. The Parties entered into a Second Tolling Agreement effective in 2012 that tolled <br /> any applicable statute of limitations governing claims that the-BKK Working Group could assert <br /> against the City of Rancho Palos Verdes or vice versa relating to the Facility until 2015. <br /> D. The Parties desire to continue to toll any applicable statute of limitations <br /> governing claims that the Parties could assert against each other relating to the Facility in the <br /> manner set forth below. ng• <br /> This Agreement is a successor agreement to the 2009 Tolling Agreement and the <br /> Second Tolling Agreement. <br /> Terms and Conditions <br /> 1. The BKK Working Group,each of its individual members listed on Exhibit A, <br /> and the City of Rancho Palos Verdes agree that all statutes of limitations and any other statute, <br /> law,rule or principle of equity of similar effect,including provisions under the California <br /> Government Claims At,California Gov't Code§§900-960.8(collectively,"Statute of <br /> Limitations")applicable to any rights,claims,causes of action,counterclaims,crossclaims, <br /> defenses,and claims act presentation regarding,based upon,or arising out of disposal of waste <br /> material at the Facility,or the ownership or operation of the Facility which the BKK Working <br /> Group could assert against the City of Rancho Palos Verdes,or which the City of Rancho Palos <br /> Verdes could assert against the BKK Working Group as of the Effective Date("Claims")shall <br /> be tolled for the period between the Effective Date and the Termination Date,and this tolling <br /> period shall be excluded from all computations of any applicable period of limitations. <br /> 2. The Parties agree that they shall waive and shall not plead,assert,or otherwise <br /> raise any Statute of Limitations or any other time-related defense otherwise applicable to the <br /> A/76273682.1 <br />
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