AgdaPkt 2009-08-03 spc, clsd and jnt

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6.1 D Page 3 FIRST ADDENDUM TU AGREEMENT BETWEEN THE COUNTY QF SAN MATEQ AND T�E CITY 4F REDWUOD CITY TO T4LL STATUTE5 OF LIMITATIQNS F4R CLAIMS REGARDING PROPERTY TAX ADMINISTRAT�ON FEES . WHEREAS,the City of Redwood City(the"City"}and the County of San Mateo (th.e "County"}(collectively the"Parties")may becorne involved in litigation regarding the County's calculation of the property tax adminis�ration fee{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; WH.EREAS,the City filed a claim with the County seeking a refund af the amoun#of PTAF that the City claims the County overcharged the City in the 2006-200'� and 2007-2008 fiscal years; WHEREAS the County denied the claim and the Parties entered into a talling agreement, on February 18, 2009, a copy of which is attached hereto as Exhibit"A"(the"Tolting Agreement"}; WHEREAS,the City has now submitted a claim with the County seelting a refund of the amount of PTAF that the City claims the County ove7rcharged the City in the 2408-2009 fiscal year{the"2U�8-2Q09 Claim"); WHEREAS,the Parties now wish to bring thc 2008-20U9 claim within the scope of the Tolling Agreement; NQVV,THEREFORE,TI3E PARTIES AGREE AS FULLOWS: 1. The Parties a�r-ee to toll the applicable statutes of limita�ions for either party to file a claim, complaint, or petition against the other with respect to the calculation of the PTAF for the 2U08-2009 fiscal year, including,but not limited to, the appiicable statutes of limitations for the City to fi�e a complaint or pehtion seeking a refund or reallocation to the City of the PTAF that the City contends the County overchaxged the City for the 2008-2009 fiscal yeax, 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 li�igation against each other related to the PTAF for the 2008-2009 fiscai year while this ag�reement 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 e�fective date of this a�-eement. 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 t11e extensian or amendment of the agreement, shall not be valid ar effective unless set forth in 1