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TOLLING AGREEMENT
1 This tolling agreement ("Agreement") is made by and between Stanton Jay Diamond, an
individual ("Diamond"), and the City of Redlands ("City") (together, the "Parties"). City and.
Diamond are sometimes individually referred to herein as a "Party"
"Parties." In consideration of the mutual promised contained herein, the Parties agree asrfollo se
RECD
WHEREAS, on December 10, 2008, Diamond filed a claim against City for damages as a
result of injuries sustained to himself during an incident; and
WHEREAS, on January 13, 2009, City presented a Notice of Rejection of Claim to
Diamond; and
WHEREAS, at the April 7, 2009, Redlands City Council meeting, staff apprised the
Redlands City Council of the facts and circumstances of Diamond's claim during closed session;
and
WHEREAS, City and Diamond desire to continue their discussions in an attempt to reach
a settlement before legal action is taken and expenses incurred by the Parties; and
WHEREAS, Diamond alleges he must file an action by July 14, 2009, if this matter
remains unresolved; and
WHEREAS, City and Diamond desire to agree to an extension of time to allow
discussions to continue;
NOW, THEREFORE, in consideration of the mutual promises contained herein, the
Parties agree as follows:
AGREEMENT
1.
Date"). Tolling Date: This Agreement shall be effective May 5, 2009 (the "Tolling
2. Tolling: The City and Diamond 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 Diamond has against the City based upon the claim filed by Diamond
on December 10, 2009, shall be tolled through September 12, 2009, which were not already
barred by the statute of limitations or passage of time.
3. lea sed Claims: This Agreement has no effect on Diamond's claims or causes of
action that, prior to the Tolling Date, were already barred by€lie statute of limitations or
other-wise barred by the passage of time, and this Agreement shall not be construed to revive any
such time-barred daims Or causes of action,
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4. 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.
5. Applicable Law: This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
6. Complete A Bement: This Agreement represents the complete agreement
between the Parties with respect to the subject matter hereof.
7. 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.
8. 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, including fees for the use
of in-house counsel by a Party.
Date: May 5, 2009
c
Stanton Jay d
k
Date: May 5, 2009
Jo arrison
ayor
Attest:
Ci Clerk, Ci R dlands
C\ca\djm\AgreementstDiamond.tolIing_agrmnt.doc