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AgdaPkt 2009-01-12 clsd and reg
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AgdaPkt 2009-01-12 clsd and reg
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Last modified
6/10/2009 8:48:38 AM
Creation date
1/8/2009 1:43:05 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council and Redevelopment Agency
Date
1/12/2009
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<br />Attachment 1 <br /> <br />6.1F <br />Page 4 <br /> <br />effective date of this tolling agreement in an administrative claim to the County or the City <br />pursuant to the applicable provisions of the Government Claims Act and/or any County or City <br />ordinance or in a lawsuit. <br /> <br />3. The purposes of this tolling agreement are to avoid litigation and to permit the <br />Parties additional time to evaluate the law as it develops on this state-wide issue. <br /> <br />4. The City and the County agree not to file any claims and not to initiate or <br />participate in litigation against each other related to the PTAF for the 2004-2005, 2005-2006, <br />2006-2007, and 2007-2008 fiscal years while this agreement is in effect. <br /> <br />5. The tolling period for the City and the County extends from the effective date of <br />this tolling agreement until the earlier of the following: <br /> <br />a. The expiration of forty-five (45) days from the date one Party (''the <br />terminating'party") delivers to the other Party via certified mail and <br />facsimile at the addresses and facsimile machine numbers set forth in <br />Section 8 below, written notice that the terminating party desires to <br />terminate this tolling agreement, and is in fact tenninating this tolling <br />agreement; or <br /> <br />b. July 1,2012. <br /> <br />6. This agreement constitutes the entire understanding of the Parties with respect to <br />the tolling of the City's and the County's claims as set forth in Section 1 above, and correctly <br />states the rights, duties, and obligations of each Party as of the effective date of this agreement. <br />Any prior understandings, promises, negotiations, or representations between the parties not <br />expressly stated in this document are not binding. <br /> <br />7. Subsequent modifications of this agreement, including but not limited to the <br />extension or amendment of the agreement, shall not be valid or effective unless set forth in <br />writing and signed by the Parties. The Parties anticipate that they are likely to amend this <br />Agreement to include claims brought by the City regarding the calculation ofPT AF for the <br />2008-2009 fiscal year and further fiscal years. <br /> <br />8. Notices under this agreement, including specifically notice under Section 5.a <br />above, shall be given as follows: <br /> <br />a. To the City, notice shall be given to both the City Attorney and to the <br />attorney specially representing the City in this matter, Benjamin P. Fay, at <br />the following addresses: <br /> <br />City Attorney <br />City of Redwood City <br />1017 Middlefield Road <br />Redwood City, CA 94063 <br />Fax: (650) 261-9102 <br /> <br />ATIY/AGR/2008.116 <br />102108 <br /> <br />2 <br />
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