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TOLLING AGREEMENT
1. This tolling agreement is made by and between Russell Seheult,
individually and as trustee of the Russell Oliver Seheult Trust dated April 8, 1996
("Seheult"), and the City of Redlands ("City") (together the "Parties").
2. Tolling Date: This agreement shall be deemed to have been made on April
21, 2004.
3. To in : The City of Redlands hereby agrees to toll through December 21,
2004 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 Seheult had or have
against the City of Redlands based upon the nomination of property located at 1205 West
Crescent, Redlands, California as a Historic Landmark and that, as of the Tolling Date,
were not already barred by the statute of limitations or passage of time.
4. La steed Claims: This agreement has no effect on Seheult's 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 any of the parties of the existence of any claim,cause of action, or defense,
and this Agreement shall not be used or referred to in any proceeding for any purpose
other than to establish the tolling date set forth above.
6. Applicable Law: This Agreement shall be construed and interpreted in
accordance with the laws of the State of California.
7. Complete Agreement: This Agreement is the complete agreement between
the Parties relating to the subject matter of this Agreement. This Agreement has no terms
other than those expressly set forth in this Agreement.
8. Signatures: This agreement may be signed in counterparts. This
Agreement is binding on the Parties when signed in the spaces provided below and
signature pages are exchanged by the Parties by facsimile transmission.
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9.
Attorneys' Fees: In the event any action is commenced to enforce or
interpret 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.
Date: May 2004
Russell Seheult,'individual y and
in his capacity as trustee of the
Russell Oliver Seheult Trust dated
April 8, 1996,
Date: June 15,2004 THE CITY OF REVLANDS
By
S" eppler
Mayr
ATTEST:
Lom Poyzer, City(
147
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