Agmt09 San Mateo, County of - Laserfiche WebLink

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could not be alleged as of the effective date of this tolling agreement in an administrative claim to the County or the City pursuant to the applicable provisions of the Government Claims Act and/or any County or City ordinance or in a lawsuit. 3. The purposes of this tolling agreement are to avoid litigation and to permit the Parties additional time to evaluate the law as it develops on this state-wide issue. 4. The City and the County agree not to file any claims and not to initiate or participate in litigation against each other related to the PT AF for the 2004-2005, 2005- 2006, 2006-2007, and 2007-2008 fiscal years while this agreement is in effect. 5. The tolling period for the City and the County extends from the effective date of this tolling agreement until the earlier of the following: a. The expiration of forty-five (45) days from the date one Party ("the terminating party") delivers to the other Party via certified mail and facsimile at the addresses and facsimile machine numbers set forth in Section 8 below, written notice that the terminating party desires to terminate this tolling agreement, and is in fact terminating this tolling agreement; or b. July 1, 2012. 6. This agreement constitutes the entire understanding of the Parties with respect to the tolling of the City's and the County's claims as set forth in Section 1 above, and correctly states the rights, duties, and obligations of each Party as of the effective date of this agreement. Any prior understandings, promises, negotiations, or representations between the parties not expressly stated in this document are not binding. 7. Subsequent modifications of this agreement, including but not limited to the extension or amendment of the agreement, shall not be valid or effective unless set forth in writing and signed by the Parties. The Parties anticipate that they are likely to amend this Agreement to include claims brought by the City regarding the calculation of PTAF for the 2008-2009 fiscal year and further fiscal years. 8. Notices under this agreement, including specifically notice under Section 5.a above, shall be given as follows: a. To the City, notice shall be given to both the City Attorney and to the attorney specially representing the City in this matter, Benjamin P. Fay, at the following addresses: City Attorney City of Redwood City 1017 Middlefield Road Redwood City, CA 94063 Fax: (650) 261-9102 ATTY/AGR/2008.116 1021 08 2