Agmt09 San Mateo, County of - Laserfiche WebLink

Browse Search

~TE ~L (!~ry FIRST ADDENDUM TO 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 fee (the "PT AF") 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, the City filed a claim with the County 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; WHEREAS the County denied the claim and the Parties entered into a tolling agrJement, on February 18, 2009, a copy of which is attached hereto as Exhibit "A" (the "Tolling Agreement"); WHEREAS, the City has now submitted a claim with the County seeking a refund of the amount of PT AF that the City claims the County overcharged the City in the 2008-2009 fiscal year (the "2008-2009 Claim"); WHEREAS, the Parties now wish to bring the 2008-2009 claim within the scope of the Tolling Agreement; 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 PT AF for the 2008-2009 fiscal year, 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 2008-2009 fiscal year, which the City contends resulted in an under-allocation of property taxes to the City for the 2008-2009 fiscal year. 2. The City and the County agree not to file any claims and not to initiate or participate in litigation against each other related to the PT AF for the 2008-2009 fiscal year while this agreement is in effect. 3. This agreement constitutes the entire understanding of the Parties with respect to the tolling of the City's and the County's claims as set forth in Section 1 above, and correctly states the rights, duties, and obligations of each Party as of the effective date of this agreement. Any prior understandings, promises, negotiations, or representations between the parties not expressly stated in this document are not binding. 4. Subsequent modifications of this agreement, including but not limited to the extension or amendment of the agreement, shall not be valid or effective unless set forth in I