HomeMy WebLinkAboutBeckman Instruments Inc; 1997-07-22;a 0 - t
AGREEMENT TO DISMISS CEBA WRIT PROCEEDING
This Agreement is made and entered into on July 22, 1997 by and between Beck
Instruments, 4nc. ("Beckman"), a Delaware corporation, and the City of Carlsbad (the "Ci,
a California municipal corporation, with regard to the following recitals:
A. On June 2, 1997, the City prepared a "Notice of Prior Compliance," based 01
underlying "Environmental Impact Assessment, I' for a Planning Commission Determinatioi
General Plan Consistency in connection with the City's intended acquisition of real prop
owned by Beckman and situated on the east side of El Camino Real and southerly of Fara
Avenue (referred to by the City as "PCD/GPC 97-01 - Beckman Property").
B. On June 19, 1997, the City posted a notice of public hearing to be conductec
the Planning Commission on July 2, 1997 for "PCD/GPC 97-01 - Beckman Property."
C. On July 1, 1997, Beckman fded and served a legal action entitled Beclu
Instruments, Inc. v. City of Carlsbad bearing San Diego County Superior Court Case
N75252 (the "Action"). The Action has been brought under the California Environme
Quality Act with respect to the "Notice of Prior Compliance" and underlying "Environme
Impact Assessment" prepared for "PCD/GPC 97-01 - Beckman Property. 'I
D. On July 2, 1997, the City determined to remove the "PCD/GPC 97-01 - Beck
Property" item off the Planning Commission's agenda rather than continue the item to a I
certain, with the intent of completing additional environmental review. At the same time,
City requested that Beckman dismiss the Action without prejudice.
E. Beckman is willing to dismiss the Action on the basis of the terms and condit
of this Agreement,
NOW, THEREFORE, Beckman and the City agree as follows:
1, The City agrees that the "PCD/@PC 97-01 - Beckman Property" item will no
restored to the Planning Commission's agenda until after the completion of additic
environmental review e
2. Within three (3) business days of receipt of this Agreement executed by the Cj
representatives, Beckman agrees to and shall execute and file with the Court a request
dismissal of the Action without prejudice,
3, Beckman reserves the right to bring administrative and judicial challenges to
documents and/or actions arising out of or based on any additional environmental review tc
completed for the "PCD/GPC 97-01 - Beckman Property" project.
130/015911-0008/3090039.1 a07/16/97 1
a I) -v
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4. In the event the City determines to proceed with the "PCD/GPC 97-01 - Beck
Property" project on the basis of or in reliance on the previously prepared "Notice of P
Compliance" and "Environmental Impact Assessment, 'I then Beckman shall not be preclu
from refiling the Action or another pleading containing the allegations set forth in the Actj
and the City hereby agrees to waive and not to assert any defenses thereto based on any gro
relating to timeliness or the passage sf time, including but not limited to the statute sf hitati
and laches.
5. Each of the persons executing this Agreement warrant and represent that he or
is authorized to do so and thereby bind the party on whose behalf such execution was madl
the duties and obligations contained in this Agreement.
BECKMAN INS~~ENTS, HNC.
0
By:
Title: Vice Pres., Finance Mayor
ATTELST:
APPROVED AS TO FORM:
Office of the City Attorney
City of Carlsbad
By:
Attorneys for Beclunan Instruments, Inc.
City Attorney
130/015911-0008/309039.1 aW/16/!?7 2
0 2500 Harbor Boulevaid, Box 3100 Fullerton CA 92834- e
I!?- ~~~~~~ &&
Office of General Counsel
(714) 871-4848
FAX (714) 773-7936
Direct Dial: (714) 7736907
July 18, 199
D. Richard Rudolf, Esq.
Assistant City Attorney
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Re: Beckman Instruments, Inc. v. City of Carlsbad
San Diego Superior Court Case No. N75252
Dear Mr. RudoLf:
I am forwarding both copies of the “Agreement to Dismiss CEQA Writ Proceeding
signed by Beckman Instruments. Pursuant to Mr. Kohn’s letter of July 16, 1997, please hay
both copies signed by the appropriate City officials and forward one fully executed copy
Mr. Kohn at Rutan & Tucker.
Sincerely, p€a JackE. Sorokin
Counsel, Manufacturhg
and Support Services
7-2s- 47
fUA WdW Enclosure
cc: P. Kohn (Rutan & Tucker) 6yjtAA pK,.plM
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