HomeMy WebLinkAbout943825
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11 / 20/2008 -.... , ~: 58
FAX 3078837889 LUTHI & VO"·_~
LLC
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TOLLING AGREEMENT
This Tolling Agreement is entered into and effective this .2ö~ day of November, 2008 by
and between Wheeler Investments, LLC ("Wheeler Investments") and Wheeler Builders, LLC
("Wheeler Builders"), and West Hills Construction, Inc. d/b/a West Hills Equipment Rentals
("West Hills") (collectively the "Parties").
RECITALS
A. On or about May 1,2008, Whee,ler Investments, LLC hired West Hills to perform
excavation services for its development project, Star Valley Storage Condominiums.
B. As part of the transaction a dispute has al"ÍSen regarding the amount owed West Hills for
the services performed 011 this project. West Hills sent a Notice of Intent to File Lien to
Wheeler Investments on November 11, 2008. "
C. The Parties have detenmned that, with respect to these issues, their respective interests
would be best served by first extending the period in which a Lien may be recorded
against this property, to allow the parties an opportunity to negotiate amutually
acceptable settlement without resorting to litigation, while not relinquishing or
jeopardizing their rights W1der any agreement between them or under applicable law in
connection with this dispute.
AGREEMENT
NOW, THEREFORE, the Parties, in consideration of the mutual undertakings set forth
herein, agree as follows:
1. Effective the20-tf1 day of November, 2008, any and all statutes oflimitations
which may be applicable to the alleged issues regarding any amounts West Hill claims is owed
by Wheeler Builders, LLC and Wheeler Investments, LLC, and any other defense based upon the
passage of time applicable to any claim of any party with respect to this dispute, and any
agreement between the Parties with respect to these issues, shall be tolled as long as this Tolling
Agreement remains in effect.
2. This Tolling Agreement shall remain in full force and effect until (JI /30/ 09_,
2009, unless terminated earlier as provided herein. This Tolling Agreement may~-
terminated earlier by the mutual written consent of all Parties. Any notice required under this
Agreement shall be provided to:
For Wheeler Investments and Wheeler Builders:
Paula A. Fleck, Esq.
Holland & Hart, LLP
P. O. Box 68
25 South Willow Street, Suite 200
Jackson, WY 83001
RECEIVED 11/25/2008 at 12:41 PM
RECEIVING # 943825
BOOK: 709 PAGE: 713
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
11/20/2008 THU 17:02 [TX/RX NO 7455] ~002
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For West Hills
M. Kevin Voyles
Luthi & Voyles, LLC
P.O. Box 820
Thayne, WY 83127-0820
00ö7:14
3. Nothing in this Tolling Agreement shall be applied or construed to revive any
claim by any party which may have already been baned by any statute of limítation as of the
effective date hereof.
4. Except for the tolling of the statute oflimitations and any other defense based
upon the passage oftime as provided herein, nothing contained in tills Tolling Agreement shall
be deemed or construed to constitute (i) a stipulation of facts or an admission of liability, or (ii) a
waiver of any rights, remedies, claims and/or defenses of any party under applicable law, all of
which are expressly reserved.
5. This Tolling Agreement shall be binding upon the Parties and their respective
successors, assigns and insurers, and shall be governed and interpreted under Wyoming law.
By:
Its:
Date:
-....
By:
Its:
Date:
)
) ss.
COUNTY OF TETON )
~
The foregoing instrument was aclrnowledged before me this & day of November,
2008 by Fred Wheeler, as Manager for Wheeler Investments, LLC and Freel Wheeler as Owner
of Wheeler Builders, LLC.
Witness my hand and official seal.
ZALEJ.HANSEN-NOTARYPUBUC
County of . State .of
Teton Wyoming
My Commission Expires May 16, 2012
My conunissiol1 expires:
11/20/2008 THU 17:02 [TXlRX NO 7455] 141003
F or West Hills
M. Kevin Voyles
Luthi & Voyles, LLC
P.O. Box 820
Thayne, WY 83127-0820
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3. Nothing in this Tolling Agreement shall be applied or construed to revive any
claim by any party which may have already been barred by any statute of limitation as of the
effective date hereof.
4. Except for the tolling of the statute of limitations and any other defense based
upon the passage of time as provided herein, nothing contained in this Tolling Agreement shall
be deemed or construed to constitute (i) a stipulation of facts or an admission of liability, or (ii) a
waiver of any rights, remedies, claims and/or defenses of any party under applicable law, all of
which are expressly reserved.
5. This Tolling Agreement shall be binding upon the Parties and their respective
successors, assigns and insurers, and shall be governed and interpreted under Wyoming law.
Wheeler Investments, LLC
Wheeler Builders, LLC
By:
Its:
Date:
By:
Its:
Date:
B'~
Its:
Date:
6éE?V:;r~ /<PJ4A.â4&:3<..--
1/ /2.0 t96
,
STATE OF WYOMING
)
)
)
ss.
COUNTY OF TETON
The foregoing instrument was acknowledged before me this _ day of November,
2008 by Fred Wheeler, as Manager for Wheeler Investments, LLC and Fred Wheeler as Owner
of Wheeler Builders, LLC.
Witness my hand and official seal.
My commission expires:
Notary Public
2
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STATE OF WYOMING
)
)
)
ss.
COUNTY OF Lllllc.tJ/.JN
The foregoing instrument was acknowledged before me this 20tl day of November,
2008 by ~~Y IIII-¡¡::¡IFLO , as ~NtI'NW. 4IHIA6.~ for West Hills Construction,
Inc. d/b/a West Hills Equipment Rentals..
Witness my hand and official seal.
My commission expires:
:J7ILY /¿', 2(/11
4:/'=c If-
M. KEVIN VOYLES - NOTAFCi PUBLIC
COUNTY OF ;3'(/"I'E OF
4 7330 ll~88LN V'.r mMING
, MŸ COMMISSION EXPIRE" ,i :":L'il G, 2011
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