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AgdaPkt 2014-04-07 Closed and Regular
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AgdaPkt 2014-04-07 Closed and Regular
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Last modified
4/8/2014 8:30:06 AM
Creation date
4/3/2014 4:51:48 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Regular
Agency Type
City Council
Date
4/7/2014
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7.1.F. - Page 4 <br /> the term of this Agreement and to preserve the validity of their respective claims as <br /> specified herein pending termination of this Agreement. <br /> Therefore, in consideration of the mutual promises and covenants made in this <br /> Agreement, the parties agree as follows: <br /> Agreement <br /> 1. The parties agree to toll all statutes of limitations, statutes of repose, equitable <br /> defenses of laches, and all other time-related bars and defenses (collectively, the "Time <br /> Defenses") that may apply to any action or claim that may be brought by LWJV or by any <br /> of the Lot Owners, or any of their successors-in-interest, against the City, for compensa- <br /> tion for a "taking" as outlined in the Recitals above. This Agreement does not toll the time <br /> for bringing any writ of mandate claim against the City. The Time Defenses shall be tolled <br /> from January 13, 2014, until the Action is finally concluded by either (a) expiration of the <br /> time allowed to appeal the final judgment of the San Mateo Superior Court, or (b) issuance <br /> of remittitur following final appeal of the Action, whichever is later. The parties agree that <br /> the Tolling Period shall not be included in computing the time for commencing any actions <br /> or lawsuits, asserting any claims, or determining the applicability or validity of any Time <br /> Defenses. <br /> 2. The parties agree that this Agreement constitutes the written waiver of Time <br /> Defenses that is required by Code of Civil Procedure section 360.5. <br /> 3. This Agreement contains all the representations and the entire agreement <br /> between the parties with respect to the subject matter of this Agreement. Except as other- <br /> wise specified in this Agreement, any prior correspondence, memoranda, agreements, <br /> warranties or representations with respect to the subject matter of this Agreement are <br /> {HANR:4218:WRW:H0172278.RTF.3} <br /> REV:03-28-14 PT <br /> ATTY/AG R/2014.041/STANDSTILL AG REE M ENT—LAUREL WAY <br /> Page 2 of 4 <br />
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