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AOREEMENTFOR TOLLINti AND SUSPENSION OF TIME,"
<br />'this agreement for tolling and suspension of time ("Agrecrovrit") is made this 21111 day of
<br />March, 2021 (" ElTecliveUate"), by and bet wccn [lie city of Red lands.a municipal corporation and
<br />general law city (" City" ), and Miller eC Associates, it California limited liability company
<br />("Miller"). with regard to the I'olttm irng (acts and circurnstances. City and Miller are sonctimes
<br />individually referred to herein as it "Parts" and. together, as the "Parties."
<br />RECITALS
<br />WHERE' AS, Miller is the owner of Certain real property located within the city of Redlarxls
<br />at GI l W. Redlands Boulevard, ac i otherwise identified as county of 5aut Bunardino Assessor
<br />Parcel Number 0 171-031-08-000 ("Proper(y"); and
<br />WHEREAS.on NoN ember 25, 2020, Miller filed a claim fordamages("Claim") with City,
<br />alleging that City's storm water facilities or other Cily-owned waterracilities were causing danmge
<br />to the Property, and that the damage was severe and continuing; and
<br />WHEREAS, Miller alleges that, on January 11, 2021, the Claim has been deemed denkxi
<br />by operation of law pursuant to Covertnnicnt. Coda section 912.4(c), and that Miller is requesting
<br />the Parties to contimte to investigate the C'Iaim; and
<br />WHEREAS, there is not adequate time raider present circumstances, including but not
<br />limited to the consequences of the pending public hcu lth emergency related to CO V t i7.19, ro' City
<br />and Miller to investigate and assess the Claim and negotiate at possible resolution to the Ciairii;
<br />NOW, nivRFTORE, in consideration or the mutual promises contained herein, and ror
<br />such other good and valuable consideration the receipt of which is hereby acknow led get], the City
<br />orRedhnndsand Miller ck' Associates agree as rollows:
<br />ACiREEMENT
<br />Section 1. 'Ifolline Period. To the extent permitted by law, the Parties hereby agree to
<br />toll and suspend tire time within which Miller is required to rite it complaint Iiir damages against
<br />City front the Effective Date of this Agreement rmtil February 28, 2022 (the "rolling Period"),
<br />unless hereafter rurtherextended by written agreement or the parties.
<br />Section 2. No Admission of :cult. The Pnrticsacknowleclgeau<l agree that ill puti)nse
<br />or this Agreement is simply to provide the Parties with additional time to discuss a resolulon or
<br />lire Claim" Ncidivr the Fact that the Parties have entered into this Agreement, nor the terms and
<br />conditions of (his Agreement, shall be construed in any manner as an admission or any fault,
<br />wrongdoing, or liability by Miller, City, or any City ofiiciais, officers, or employees.
<br />Section 3. Entire Ag eernent. 'Ihis Agreement constitutes the entire agreement
<br />between the Panties with respect to the subjcci matter hereul', and supersedes any and all odncr
<br />agreements, understandings, negotiations, or discussions, either oral or in writing, express or
<br />implied„ between the Parties with respect to the subject matter hereof. The Panics acknowledge
<br />that no representations, inducements, promises, agreements, or warranties, oral ortithvivvise with
<br />I
<br />t'ca4ljm'.1yrtenu'rtiv'�LI4r,h Assuwr�rtr;. tnllmg igl cenxnt I"1': U.iw�K�,p,;t
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