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FIRST AMENDED <br /> TOLLING AGREEMENT <br /> <br /> This First Amended Tolling Agreement (hereinafter "Agreement") is made this/~ <br />day of July, 2003 by and between City of Redwood City (hereinafter "City") and the San Mateo <br />County Transportation District (hereinafter "SamTrans"). This Agreement extends the Tolling <br />Agreement entered on June 5, 2003. <br /> <br /> RECITALS <br /> <br /> A. WHEREAS, in 1992, SamTrans purchased certain real property located in <br /> <br />Redwood City, California, generally known as Sequoia Station and bounded by E1 Camino Real, <br />Jefferson Avenue and James Avenue (hereinafter "the Property"); <br /> <br /> B. WHEREAS, SamTrans asserts that it has incurred costs associated with <br /> <br />implementing remedial and response measures on the Property as well as other potential <br />obligations (collectively "Obligations"), all o£which it contends City is responsible for; <br /> <br /> C. WHEREAS, the City disputes its responsibility for such Obligations (and related <br /> <br />liability); and <br /> <br /> D. WHEREAS, the parties hereto wish to avoid the expense of litigation if a <br />resolution of their dispute can be achieved amicably and they desire to toll any applicable <br />statutes of limitations that have not otherwise lapsed at the time of this Agreement. <br /> <br /> NOW THEREFORE, pursuant to the mutual consideration herein, the parties agree as <br />follows: <br /> <br /> 1. Tolling Period. Any and all statutes of limitations or other provisions of statute, <br /> <br />equity or case law, which would time-bar or otherwise impair the enforcement of any legal or <br />equitable rights, claims, causes of action, counterclaims, or remedies of any kind by one party to <br /> <br /> 1 1042664.1 <br /> <br /> <br />