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TOLLING AGREEMENT
This TOLLING AGREEMENT (this "Agreement") is entered into as of the 1 st day of
August, 2015 (the "Effective Date") by and between the City of Renton, Washington ("the City")
and Quendall Terminals, a joint venture ofA]tino Properties, Inc., a Washington corporation, and
J.H. Baxter & Co., a California Corporation ("Quendall Terminals'). Quendall Terminals and
the City are collectively referred to as "the Parties."
Quendall Terminals is the grantor and the City is the grantee of a Sanitary Sewer Utility
Easement recorded in King County, No. 20080902001178 (the "Easement). Quendall
Terminals asserts that it has claims against the City related to structures located on the Easement.
The Parties wish to avoid litigation at this time concerning the existence and location of the
structures.
Thus, in consideration of the mutual promises contained herein and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
Parties agree as follows:
1. All limitations periods and any and all other time -related defenses, including but
not limited to laches and repose, that may apply to any claim arising frorn or relating to the
Easement are toiled for five (5) years from the Effective Date of this Agreement (the "Tolling
Period"). The Tolling Period shall not be included in any computation of time required to
support a time -related defense (including but not limited to statute of limitations, statute of
repose, and !aches) in any dispute resolution proceeding arising from or relating to the Easement.
2. The execution and delivery of this Agreement shall have no effect on any claim or
defense that may have existed as of the Effective Bate. Nothing in this Agregmen# or in the
circumstances that gave rise to this Agreement, shall be construed as an acknowledgment by any
party that any claim has or has not been barred, or is about to be barred, by the statute of
limitations, aaches, accrual of rights or other argument or defense based on the lapse of time.
3. Either party may terminate this .Agreement by giving the other party sixty (60)
days written notice. Any such notice shall be delivered by U.S. Mail to;
Altino Properties, Inc.
Robert Cugini
P.O. Box 359
Renton, Washington 98057
Lynn Manolopoulos
Davis Wright Trernaine
777 108'h Ave NE, Suite 2300
Bellevue, WA 98004
DWT 275055160 0032695-000004
J.H. Baxter & Co.
Georgia Baxter
P.O. Box 5902
San Mateo, CA 94402
City of Renton
Larry Warren
Renton City Attorneys' Office
P.O. Box 626
Renton, WA 98057
4. This Agreement is binding upon the heirs, assigns, successors, officers, directors,
principals, partners, parents, subsidiaries, and affiliates of each party.
5. The undersigned represent that they have authority to execute this Agreement on
behalf of their respective entities.
6. This Agreement is the entire agreement between the parties as to its subject
matter. This Agreement is not evidence that any claim exists and is not an admission of fault or
liability by either party. The Agrmmertt shall not be introduced into evidence except as
necessary to enforce the Agreement itself.
7. This Agreement shall be governed by, and construed in accordance with, the laws
of the State of Washington. Any action to enforce the terms of this Agreement shall be brought
in, or transferred to, the jurisdiction and venue of any court in which claims arising from or
relating to the Easement are then pending.
& This Agreement may be executed in one or more counterparts and executed
copies of the Agreement may be transmitted by electronic mail.
9. This Agreement may be modified only in a writing signed by each party to the
Agreement.
10, Each party represents to the other party that they have been represented by
independent legal counsel in the preparation and execution of this Agreement.
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Intending to be legally bound, the undersigned have executed this Tolling Agreement,
CITY OF RENTON
By:" —
Date: A
QUENDALL TERMINALS
Altino Properties, Inc.
By: r_
Its:
Date: .q I `^ I
13—
J. H . Baxter & Co.
By._�� ' L
Its. _ Y
Date:
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