Agmt09 San Mateo, County of - Laserfiche WebLink

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ORIG~NAL AGREEMENT BETWEEN THE COUNTY OF SAN MATEO AND THE CITY OF REDWOOD CITY TO TOll STATUTES OF LIMITATIONS FOR CLAIMS REGARDING PROPERTY TAX ADMINISTRATION FEES WHEREAS, the City of Redwood City (the "City") and the County of San Mateo (the "County") (collectively, the "Parties") may become involved in litigation regarding the County's calculation of the property tax administration fees (the "PTAF") as related to the Triple Flip (Rev. & Tax Code ~ 97.68) and the Vehicle License Fee swap (Rev. & Tax Code ~ 97.70) that the County charges the City, pursuant to the Revenue and Taxation Code, beginning in the fiscal year 2004-2005; WHEREAS, conflicting legal opinions as to the calculation of the PT AF have been rendered by various state and local agencies and their counsel; WHEREAS, the City filed a claim against the County on or about June 27, 2008, seeking a refund of the amount of PT AF that the City claims the County overcharged the City in the 2006-2007 and 2007-2008 fiscal years and the County has not yet formally denied the claim; WHEREAS, the County contends that it may have undercharged the City for the PT AF in the 2004-2005 and 2005-2006 fiscal years; WHEREAS, the City and County are aware that other cities and counties in other areas of the State are involved, or may become involved, in litigation concerning the calculation of the PT AF; WHEREAS, the Parties desire to avoid litigation in order to allow for additional time to evaluate the law as it develops on this state-wide issue; NOW, THEREFORE, THE PARTIES AGREE AS FOllOWS: 1. The Parties agree to toll the applicable statutes of limitations for either party to file a claim, complaint, or petition against the other with respect to the calculation of the PTAF, including, but not limited to, the applicable statutes of limitations for the City to file a complaint or petition seeking a refund or reallocation to the City of the PT AF that the City contends the County overcharged the City for the 2006-2007 and 2007-2008 fiscal years, which the City contends resulted in an under- allocation of property taxes to the City; and including, but not limited to, the applicable statutes of limitations for the County to file a complaint, petition, or administrative claim seeking an increase or reallocation to the County of the PT AF the County contends the County may have undercharged the City in the 2004-2005 and 2005-2006 fiscal years. 2. This tolling agreement does not revive any statute of limitations period or deadline that expired before the effective date of this tolling agreement. This tolling agreement applies solely to those claims that could be alleged as of the effective date of this tolling agreement in either (i) an administrative claim to the County or the City pursuant to the applicable provisions of the Government Claims Act and/or a County or City ordinance or (ii) a lawsuit. The tolling agreement does not apply to any claims that A TTY I AGR/2008.116 1 102 i 08