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Agmt09 San Mateo, County of
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Agmt09 San Mateo, County of
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Last modified
7/22/2013 12:49:33 PM
Creation date
4/1/2009 8:53:11 AM
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Template:
Agreement
Contractor Name
County of San Mateo
PROJECT NAME
Property Tax Adminstration Fee
RMP File Number
304
Date
1/15/2009
MO Ref
12-078
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..� - - . . ;. DUPIICATE � . <br /> `` ORIG(NAL � <br /> FIRST ADDENDUM TO AGREEMENT BETWEEN THE COUNTY OF SAN MATEO <br /> AND THE CITY OF REDWOOD CITY TO TOLL STATUTES OF LIMTTATIONS FOR <br /> CLAIMS REGARDING PROPERTY TAX ADNfINISTRATION FEES <br /> " WHEREAS,the City of Redwood City(the"City")and the Count3�of San Mateo (the <br /> • "County")(collectively the"Parties")may become involved in litigation regarding the County's <br /> calculation of the property tax administration fee(the"PTAF") as related to the Triple Flip(Rev. <br /> &Tax Code§97.68)and the Vehicle License Fee swap(Rev. &Tax Code§97.70)that the <br /> County charges the City,pursuant to the Revenue and Taxation Code,beginning in the fiscal <br /> year2004-2005; <br /> WHEREAS,the City filed a claim with the County seeking a refund of the amount of <br /> PTAF that the City claims the County overcharged the City in the 2006-2007 and 2007-2008 <br /> fiscal years; <br /> WHE�2EAS the County denied the claim and the Parties entered into a tolling agr�ement, <br /> on February 1�, 2009,�a copy of which is attaehed hereto as Elchibit"A"(the"Tolling <br /> AgreemenY'); <br /> V�'HEREAS,the City has now submitted a claim with tl�e Coun.ty scelcing a refund of the <br /> amount of PTAF that the City claims the County overcharged the City in the 2008-ZU09 fiscal <br /> year(the"2U08-2U09 Claim"); <br /> WHEREAS,the Parties now wish to bring the 2008-2009 claun within.,the scope of the <br /> Tolling Agreement; <br /> NOW,TH�RE�ORE,THE PARTIES AGREE-AS FOLLOWS: <br /> � 1. �The Parties agree to toll the applicable statutes of Iimitations€or either party to <br /> fil�a elaim, complaint,or petition against the other with respect to the calculatian of the PTAF <br /> for the 2U08-2009 fiseal year,including,but not limited to, the applicable statutes of limitations <br /> for the City to file a complaint or petition seeking a refund or reailocation to the City of the <br /> PTAF that tfie City contends the County overcharged the City for the 2008-2009 fiscal year, <br /> wl�ich the City contends resulfed in an under-allocation of pmperty taxes to the City for the <br /> 2048-2009 fiscal year. <br /> . <br /> 2. The City and the County agree not to file any claims and not to initiate or <br /> participate in litigation against each other related to xhe PTAF for the 20U8-2009 fiscal year <br /> while this agreement is in effect. <br /> , 3. This agreement constitutes the entire understanding of the Parties with respect to <br /> the tolling of the City's and the County's claims as set forth in Section 1 above,arid correctly <br /> states the rights, duties, and obligations of each Party as of the effective date of this agreement. <br /> �Any prior understandings,promises, negotiations,or representations be�ween the parties not <br /> expressly stated in this docwnent aze not binding. <br /> 4. Subsequent modifications of this agreement,including but not limited to the <br /> extension or amendment of the agreement, shall not be valid or effective unless set forth in <br /> 1 <br />
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