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Home My WebLink AboutCA Real Property Transer TaxAGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND THE COUNTY OF MARIN PROVIDING FOR THE COLLECTION OF TAXES UNDER THE REAL PROPERTY TRANSFER TAX ORDINANCE OF THE CITY OF SAN RAFAEL THIS AGREEMENT is made and entered into by and between the City of SAN RAFAEL, a municipal corporation, hereinafter referred to as "City" and the COUNTY OF MARIN, a political subdivision of the State of California, hereinafter referred to as "County"; WITNESSETH WHEREAS, the City Council of the City of San Rafael has enacted Chapter 3.22 of Title 3 of the San Rafael Municipal Code, providing for the imposition of a tax upon transfers of real property located in the City of San Rafael ("Ordinance"); and WHEREAS, City desires to enter into an agreement with the County of Marin for County to collect the San Rafael Real Property Transfer Tax (hereinafter referred to as the "tax"), as provided for in the Ordinance, and any amendments thereto, through the County Recorder's Office; and WHEREAS, County agrees to collect the tax for City under the terms and conditions as hereinafter provided; NOW THEREFORE, in consideration of this Agreement, and the mutual promises, covenants and stipulations herein contained, the parties hereto agree as follows: (1) Commencing on the date of execution of this Agreement by both parties, and except as hereinafter provided, County, through the County Recorder's Office, shall collect for City a tax imposed on each transfer, by deed, instrument or writing, by which any lands, tenements or other real property located in the City of San Rafael are sold, granted, assigned, transferred or otherwise conveyed to, or vested in, a purchaser or purchasers thereof, or any other person or persons at or by the direction of said purchaser or purchasers, when the value of the consideration exceeds one hundred dollars, said tax to be at the rate prescribed by City as shown in the Ordinance, and any amendments thereto.. (2) If for any reason, County is unable to collect the tax when the instrument or writing is presented for recordation, County will record the instrument or writing if otherwise recordable under the law; will indicate on the face of the instrument or writing that the City Tax was unpaid at the time of recordation; and will promptly notify City in writing that the tax was not paid at the time of recordation. The responsibility of thereafter collecting the tax shall be that of the City. (3) County will incur no liability for tax which is incorrectly computed and actually paid to City. (4) The declaration of value of the real property by the taxpayer shall be conclusive as between County and taxpayer. (5) A claim of exemption from the tax by the taxpayer shall be conclusive as between County and taxpayer. (6) County's sole responsibility shall be to apply the then current tax rate of City to the valuation declared by taxpayer. (7) No actions taken by County shall preclude City from later collecting additional tax directly from the taxpayer if it is found such additional tax is due because of an incorrect declaration of valuation by such taxpayer, an incorrect claim of exemption or otherwise. (8) County will refer to the City any dispute regarding payment of the San Rafael Real Property Transfer Tax for resolution. (9) County will refer to City any requests for refund of the tax paid on any recorded document. County, under no circumstances, will make a refund of the tax paid. However, should City refund the entire amount of the tax paid on any recorded document, County, upon notification from City shall refund to City the Collection Charge received by County for collecting the tax for that document, as set forth in Section (11) below. (10) All taxes collected by County pursuant to this Agreement shall be transmitted to City monthly beginning on the tenth (10th) day of the first full month following the effective date of this Agreement and by the tenth (10th) day of each month thereafter, for taxes collected during the preceding calendar month. The payment will consist of a check, warrant, or Automated Clearing House transfer. A statement showing each individual amount paid, cross-referenced with the County Recorder's document recording number or otherwise adequate Recorder's information and the date paid, will be provided in support of the payment. (11) For collecting the tax, City shall pay County an administrative fee for each document on which the tax is collected (the "Collection Charge"). For the remainder of the fiscal year 2014-2015, the Collection Charge shall be twenty-five dollars ($25.00) per document. Thereafter, the collection rate may be adjusted at the beginning of any fiscal year; provided however that County shall give notice to City of any such adjustment at least ninety (90) days' written notice prior to the beginning of the applicable fiscal year. Unless otherwise authorized by law, the Collection Charge shall be calculated based upon the County's direct and indirect costs incurred by reason of collecting the tax. Upon request, County shall provide City with information substantiating any adjustment to the Collection Charge. If City disagrees with County's fee, City's sole remedy shall be to terminate the contract pursuant to Section 18 below. (12) County will provide the necessary equipment, facilities and personnel for the collection of the tax, and the cost thereof will be included in the collection fee. (13) County agrees to permit authorized personnel of the City to examine the records and procedures of the County Recorder concerning the collection of the tax. (14) County shall collect the tax in accordance with the rate and manner imposed by the Ordinance and any amendments thereto. (15) City agrees to indemnify, defend and hold harmless the County in connection with any claim or suit filed arising out of the collection or non -collection of the tax by County for City and, in the event that the collection of the tax is enjoined by legal process, City agrees to reimburse the County for any expenses incurred by County in providing for the collection of the tax. (16) All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed served as of the date of personal delivery, or if mailed, three (3) days after it is deposited with the United States Postal Service. Notice shall be given as follows: To County: County Recorder County of Marin 3501 Civic Center Drive, Room 232 San Rafael CA 94903 To City: Finance Director City of San Rafael 1400 Fifth Avenue San Rafael CA 94903 (17) The Collection Charge due and owing to the County shall be deducted from the total amount of the tax collected by County for City at the close of each calendar month, and the balance shall be remitted to the City promptly as set forth in paragraph 10 of this Agreement by County, together with a statement in detail showing how the balance remitted to City was calculated. City shall have ten (10) days within which to contest the validity of any calculation made or the correctness of the amount of tax due City. County and City shall attempt to promptly adjust any difference so arising. (18) This Agreement shall be automatically renewed from fiscal year to year, unless either party gives the other at least sixty (60) days' written notice prior to the end of a fiscal year of its intention to terminate the Agreement, or the parties at any time by mutual understanding agree in writing to its termination or modification. A fiscal year, as used herein, shall begin on July 1 and end on June 30 of the following year. (19) This Agreement may be amended or modified only by a written agreement of all parties. CITY OF SAN RAFAEL, a Municipal Corporation, Dated: January 7, 2015 By: Nancy Mackle, City Manager APPROVED AS TO FORM: Lisa A. Goldfien Assistant City Attorney Renu uiacerriirri--BYewer Deputy County Counsel Dated:2 /31%�P Attest: Esther Beirne, City Clerk COUNTY OF MARIN, a political subdivision of the State of California By: Katie Rice Chairman, Board of Supervisors Attest: Clerk to the Board of S ervisors