HomeMy WebLinkAboutContracts & Agreements_80-2013_CCv0001.pdf TOLLING AGREEMENT
This tolling agreement ("Tolling Agreement") is made and entered into this 7"
day of May, 2013, by and between Amelia (Amy) Hamilton, as Trustee of the Survivor's
frust Created under the Cardinal Family Trust of 1990 ("Hamilton"), and the City of
Redlands ("City"). City and Hamilton are sometimes individually referred to herein as a
"Party" and, together, as the "Parties." In consideration of the mutual promises contained
herein, the Parties agree as follows:
RECITALS
WHEREAS, Hamilton represents it has a legal or equitable interest in certain real
property located in the City of Redlands and as further referenced in Hamilton's
Complaint, which is identified in the below recitals (the *'Property"); and
WHEREAS, on May 29, 2012, Hamilton filed a claim against City for damages
allegedly caused by City's wrongfully occupying, and denying Hamilton access to, the
Property-, and
WHEREAS, on November 30, 2012, Hamilton filed an action against City in the
San Bernardino Superior Court, designated as Case No. CIVDS 1212381, alleging
damages and requesting an injunction for: (1) Quiet Title, (2) Ejectment.
(3) Trespass.
and (4) Declaratory Relief(the "Complaint"), and
WHEREAS, City staff apprised the Redlands City Council of the facts and
circumstances of the Complaint during closed session meetings of the City Council, and
the City Council has directed staff to discuss settlement of the Complaint with Hamilton;
and
WHEREAS, City and Hamilton desire to continue their discussions in an attempt
to reach a settlement before additional legal action is taken and expenses are incurred by
the Parties; and
WHEREAS, City and Hamilton desire to enter into this Tolling Agreement to
provide for an extension of time to allow such settlement discussions to continue without
prejudice to the Parties. and
WHEREAS, to further facilitate settlement discussions,, within ten (10) days of
the Effective Date of this Agreement, Hamilton proposes to dismiss the Complaint,
without prejudice;
NOW, THEREFORE, in consideration of the mutual promises contained herein,
the Parties agree as follows:
AGREEMENT
I Tollina Date: This Tolling Agreement shall be effective May 8, 20131
(the "Tolling Date").
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2. Tolling: City and Hamilton hereby agree that the running of any and all
statutes of limitation and any other defenses based on the passage of time on any and all
claims and causes of action that Hamilton and City have against each other based upon
the claim filed by Hamilton, or based upon the Complaint, which were not already barred
by the statute of limitations or passage of time as of the Tolling Date, shall be tolled
through December 31, 22 0 13.
3. Dismissal of Complaint: Hamilton hereby agrees to dismiss the
Complaint, without prejudice, within ten (10) days of the Effective Date of this
Agreement.
4. Lapsed Claims: This Agreement has no effect on claims or causes of
action that, prior to the Tolling Date, were already barred by the statute of limitations or
otherwise barred by the passage of time, and this Agreement shall not be construed to
revive any such time-barred claims or causes of action.
5. No Admission of Liability: This Agreement does not constitute an
admission by either of the Parties of the validity of any claim, cause of action or defense,
or liability, and this Agreement shall not be used or referred to in any proceeding for any
purpose other than to establish the Tolling Date.
6. Applicable Law: This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
7. Equitable Doctrines. Any defense which any Party may have, including
those based on laches or related equitable doctrines, shall not be based upon or supported
in any way by the postponement of any claim or defense during the tolling period.
8. Successors and Assigns. The terms., conditions, covenants and agreements
set forth in this Agreement shall apply to and bind the assigns and successors in interest
of the Parties.
9. Entire Agreement, The undersigned acknowledge and represent that they
have read this Agreement and consulted with their respective legal counsel concerning its
contents and consequences, that this Agreement is being executed solely in reliance on
their respective judgment, belief and knowledge of the matters set forth herein, and on
the advice of their counsel. This Agreement, negotiated by the Parties, integrates all the
terms and conditions, and supersedes all negotiations, of previous agreements between
the Parties concerning the specific subject matter of this Agreement.
10. Attornevs' Fees. In the event any action is commenced to enforce or
interpret any of the terms or conditions of this Agreement the prevailing Party shall, in
addition to any costs and other relief. be entitled to the recovery of its reasonable
attorneys'fees.including fees for the use of in-house counsel by a Party.
13NI WITNESS WHEREOF, the Parties through their duly authorized
representatives, entered into this Agreement. The Parties having read and understanding,
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the foregoing terms and conditions do by their respective signatures adhere to the same.
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IN WITNESS WHEREOF, the Parties through their duly authorized
representatives, entered into this Agreement. The Parties having read and understanding
the foregoing terms and conditions do by their respective signatures adhere to the same.
CITY HAMILTON
A
Pete Aguilarl),Mayor Amelia(Amy) Hamilton, Trustee
Of the Survivor's Trust Created under
the Cardinal Family Trust of 1990
ATTEST:
Sam Irwirkoeity!Clerk
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