CVWD - Tolling Agree re Casarez lawsuit 10TOLLING AGREEMENT
This Tolling Agreement is made and entered into as of February 10, 2010
("Effective Date"), by and between the C1TY OF LA QUINTA, a municipal corporation
organized and existing under the constitution and laws of the State of California ("City"), and the
COACHELLA VALLEY WATER DISTRICT, a county water district organized and existing
under the constitution and laws of the State of Califomia ("CVWD"). The City and CVWD are
sometimes referred to herein individually as a "Party" or collectively as the "Parties."
WHEREAS, CVWD has presented to City a claim pursuant to the Govemment Claims
Act (Gov't Code § 900 et seq.) and is prepared to file a lawsuit against the City for certain
actions, events, and occurrences arising out of, related to, or caused by the lawsuit denominated
Maricela Cisneros Casarez v. City of La Quinta, et al., Riverside Superior Court Case No. INC
085601 (the "Casarez Action"), and the incidents alleged therein (the "Government Claim").
WHEREAS, the City has rejected CVWD's claim.
WHEREAS, the City and CVWD desire to enter into a tolling agreement to permit
further investigations of the factual and legal issues raised by the Govemment Claim without
causing any prejudice or loss of rights to either party, and wish to devote their financial resources
to resolving the issues raised by the Govemment Claim instead of resorting to litigation.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES
CONTAINED HEREIN, IT IS AGREED AS FOLLOWS:
1. Tolline. The running of any and all time-based defenses that the City may assert
against CVWD in connection with the filing of any lawsuit related to the Govemment Claim,
including but not limited to any applicable statute of limitations, laches, abandonment, and
waiver, is hereby tolled until the earlier of (i) dismissal or entry of final judgment in the Casarez
Action, or (ii) thirty (30) days after written notice is given by either Party to the other Party.
2. Governing Law and Venue. This Tolling Agreement shall be governed in all
respects by the laws of the State of Califomia, exclusive of any choice of law provision. The
parties further consent to exclusive jurisdiction and venue in the Superior Court of Riverside
County.
3. Bindine Effect. This Tolling Agreement shall extend to and be binding upon the
parties hereto, their agents, guarantors, successors and assigns,
4. The parties have mutually drafted this Tolling Agreement and to the extent that
there are any ambiguities or uncertainties contained herein, they shall not be construed for or
against either party hereto as the drafter of the agreement. The parties agree to waive the
provisions of Califomia Civil Code section 1654 which states:
"ln cases of uncertainty not removed by the preceding rules, the
language of a contract should be interpreted most strongly against
the party who caused the uncertainty to exist."
22R4~OI 5610-0116
1062??9 0? a02 02 10
5. Amendment and Modification. This Tolling Agreement may not be amended or
modified, except if done in writing and executed by all parties hereto.
6. Authoritv to Sism. The persons executing this Tolling Agreement warrant and
represent they have the authority to bind their respective principals hereto and have such
authorization to do so.
7. Counterparts: Facsimile Delivery. This Tolling Assignment may be executed in
counterparts which, when taken together, shall constitute a fully executed original. Signatures
may be delivered by facsimile which shall be binding upon the parties as if they were originals.
Dated: FEB 17, 2010
Dated: February 10, 2010
CITY OF LA QUINTA
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COACHELLA VALLE WATER DISTRICT
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1062179.01 a02 (1110 -2-