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AgdaPkt 2012-04-23
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AgdaPkt 2012-04-23
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Last modified
7/2/2012 3:14:08 PM
Creation date
4/19/2012 5:48:38 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council and Redevelopment Agency
Date
4/23/2012
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6.1. F. - Page 3 <br /> THIRD ADDENDUM TO AGREEMENT BETWEEN <br /> THE COUNTY OF SAN MATEO AND THE CITY OF REDWOOD CITY <br /> TO TOLL STATUTES OF LIMITATIONS FOR CLAIMS <br /> REGARDING PROPERTY TAX ADMINISTRATION FEES <br /> WHEREAS, the City of Redwood City (the "City") and the County 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 /> year 2004-05; and <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 2006-07 and 2007-08 fiscal <br /> years; and <br /> WHEREAS, the Parties entered into a tolling agreement on February 18, 2009 (the <br /> "Tolling Agreement"); and <br /> WHEREAS, the City subsequently filed claims with the County seeking refunds of the <br /> amount of PTAF that the City claims the County overcharged the City in the 2008-09 and 2009- <br /> 10 fiscal years, and the County denied these claims; and <br /> WHEREAS, the County and the City agreed to and signed addenda to the Tolling <br /> Agreement that extended the Tolling Agreement to the City's claims for the 2008-09 and 2009- <br /> 10 fiscal years. A copy of the Tolling Agreement and the addenda for the 2008-09 and 2009-10 <br /> fiscal years is attached hereto as Exhibit "A"; and <br /> WHEREAS, the City has now filed a Claim with the County seeking a refund of the <br /> amount of PTAF that the City claims the County overcharged the City in the 2010-11 fiscal year <br /> (the "2010-11 Claim"); and <br /> WHEREAS, the City and County are aware that other cities and counties in other areas <br /> of the State are involved in litigation concerning the calculation of the PTAF, and the Parties <br /> desire to avoid litigation in order to allow time to evaluate the law as it develops on this <br /> statewide issue; and <br /> WHEREAS, the Parties now wish to bring the 2010-11 Claim within the scope of the <br /> Tolling Agreement; and <br /> WHEREAS, the Tolling Agreement is currently set to expire on July 1, 2012, and the <br /> Parties now wish to extend the expiration date of the Tolling Agreement by one year to July 1, <br /> 2013. <br /> ATTY/AGR/2012.042/THIRD ADENDUM PROPERTY TAX ADMIN FEES <br /> REV: 04-10-12 PT <br />
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