HomeMy WebLinkAboutContracts & Agreements_198-2003_CCv0001.pdf TOLLING AGREEMENT
I This tolling agreement ("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 October 21,
2003.
3, Tollin : The City hereby agrees to toll through April 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 has against the City based upon the nomination of the
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. Lapsed 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
either 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 governed by and construed 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.
Toll ing-Scheult kkpd
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: October , 2003 - - ------------
Russell Seheult, individually and in his
capacity as trustee of the Russell Oliver
Seheult Trust dated April 8, 1996
Date: October 21, 2003
Kasey Haws,Mayor
City of Redlands
ATTEST:
Poy
10 r . "ty Clerk
Tolfing.Seheultwvd
LAW OFFICES OF COUNSEL
ROBERT V. FULLERTON
FULLERTON, LEMANN, SCHAEFER & DoMINICK, LLP �A PROFESS IONA�CORPORATiON
THOMAS W. DOMINICK 2 IS NORTH D STREET, FIRST FLOOR PALM DESERT OFFICE
EMMA 0. ENRIQUEZ SAN BERNARDINO, CALIFORNIA 92401-1712 PARC CENTER
WILFRID C. LEMANN TELEPHONE (909) 669-3691 77564-A COUNTRY CLOG DR,
MICHAEL R. SCHAEFER TELECOPIER (909) BSEI-51 1 9 SUITE I SO
CRAIG E. WILSONPALM DESERT. CA 922 1 1
EMAIL: mschaeferf���iniandbusinesslaw.com (760) 779-9572
FIRM WEBSITE: WWW.INLANDBUSINESSLAW.COM
x
January 6, 2004
4
Dan McHugh °� J
City Attorney
35 Cajon Street
Redlands, CA 92373
Re: Burrage Mansion, 1205 West Crescent, Redlands, California
Dear Dan:
Enclosed please find the Tolling Agreement in the Seheult matter. This is the original
document bearing original signatures.
Very truly yours,
FULLERTON, LEMANN,
SCHAEFER&DOMINICK,,,,,LLP
Michael R. Schaefer
MRS:dlp
Enclosure
cc: Russell Seheult