TOLLING AGREEMENT RE STORMWATER FEES
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TOLLING AGREEMENT
THE DISTRICT BOARD OF TRUSTEES OF THE ST. PETERSBURG
JUNIOR COLLEGE (hereinafter known as College) and the City of Clearwater, Florida
(hereinafter known as City) hereby agree as follows:
1. The tolling of all applicable statute of limitations (including laches)
with respect to any action, claim or claims which the College may have against the City
regarding the City's entitlement to charge the College stormwater fees and/or the
College's right to recover from the City charges which have been and are being imposed
by the City upon the College and for which the College has paid such stormwater fees,
shall be tolled and suspended as of the date of this Agreement. All such statutes of
limitations (including laches) shall remain tolled and suspended and shall not
commence again to run until after the earliest of the following dates: 1) one year after
the effective date of this Agreement, or 2) thirty (30) days after any party gives written
notice to the other party to the Agreement that all claims or causes of action should no
longer be tolled, or 3) all of the parties to this Agreement agree in writing to an earlier
termination. No party shall assert or be entitled to assert and hereby waives any
defense of statutes of limitations, laches or failure to act during the tolled period. This
provision is intended to prevent defenses, which may ripen by lapse of time, from
becoming established.
2. Except as stated herein, nothing in this Agreement shall operate or
be construed as a release or waiver by any party of any action, claim or claims or
Tolling Agreement - City of Clearwater - Page 1
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defenses or avoidance such party may have against any other party, regarding any
matter whatsoever.
Witnesses as to the Board:
DISTRICT BOARD OF TRUSTEES OF
ST. PETERSBURG JUNIOR COLLEGE,
FLORIDA
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BY:
Date: ~-lq~9')
ATTEST:
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CITY-OF _CLEARWATER
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( Cynthia E. Goudeau, City Clerk
CITY OF CLEARWATER
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Eliz~ M. eptula, City Manager
Date: c1-197
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Tolling Agreement - City of Clearwater - Page 2