HomeMy WebLinkAboutTolling Agreement It MAY. 28. 2004 0701 BRACEWELL PATTERSON DALLAS 1 - NO.5442 P. 3
TOLLING AGREEMENT
This agreement ( "Agreement ") is made and entered into by and between SprintCom, Inc.,
a Kansas corporation ( "Sprint ") and the City of College Station, Texas and the City Council of
College Station, Texas (collectively the "City "), effective as of the 28 day of May, 2004.
WHEREAS, Sprint believes and asserts that it may have potential claims and causes of
action under both state and federal law against the City ( "Claims ") arising out of or related to the
City's denial of Sprint's application, including without limitation the acts or omissions of City
staff and officials leading up to and including the City's denial, for a Conditional Use Permit (the
"Application ") to construct an 80' tall telecommunications tower for the placement and operation
of Sprint's telecommunications equipment; and
WHEREAS, the Application was heard by the City in a regularly scheduled open City
Council meeting on April 29, 2004; and
WHEREAS, Sprint received written confirmation of the City's final determination to
deny the Application on May 11, 2004 in a written letter from Natalie Thomas Ruiz, the City
Development Manager; and
WHEREAS, the parties desire to extend any relevant Statute of Limitations period (the
"Statute of Limitations ") applicable to Sprint's Claims arising out of the City's denial until
August 9, 2004, a date which is ninety (90) days after Sprint's receipt of Ms. Ruiz's formal
notification of the City's final denial of Sprint's Application.
NOW, THERFORE, for and in consideration of the mutual promises, covenants and
considerations herein expressed, the City and Sprint agree as follows:
1. With respect to the Claims and any claims or causes of action Sprint has or may
have against the City arising out of or ancillary to the City's denial of the Application, the Statute
of Limitations period shall be extended through and until August 9, 2004.
2. In turn, all claims and affirmative defenses that the City presently has or may
have relating to its final denial of the Application are also hereby preserved for the same period
of time.
3. Nothing in this Agreement shall be construed as an admission by any party that
the other party has a valid claim or defense or as an admission against interest by any party, or as
an admission by either party that the Statute of Limitations period has already expired with
respect to any claim it has or may have.
4. This Agreement may not be modified except by written agreement signed by the
parties hereto. This Agreement constitutes the entire agreement and understanding between the
undersigned parties with respect to the subject matter hereof.
5. The undersigned signatories on behalf of Sprint and the City warrant and
represent that they have the authority to enter into this Agreement and to bind their principals to
the terms set forth herein.
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MAY .28.2004 11:08AM BRACEWELL PATTERSON DALLAS 1 - NO. 5442 — P. 4
6. This Agreement will be governed by Texas law.
SIGNED by the parties on the date shown, but to be effective as of May 28, 2004.
SPRINTCOM, INC.
By: / :/`
. Brock Bailey, Couns/ or SprintCbm, Inc.
Dated: .00V
CITY OF COLLEGE STATION, TEXAS and the
CITY COUNCIL OF COLLEGE STATION, TEXAS
By:
Harvey Cargill /' ity Attopr fo(e City of College
Station, Texas
Dated: 7,i � oZ D V `7
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