HomeMy WebLinkAboutAgreement A-19-224 with City of Fresno.pdf1
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THIRD AMENDMENT TO THE AMENDED AND RESTATED
MEMORANDUM OF UNDERSTANDING BETWEEN
THE COUNTY OF FRESNO AND THE CITY OF FRESNO
5 This Third Amendment to the Amended and Restated Memorandum of Understanding
6 ("Third Amendment"), executed on this __ day of _______ , 2019 , (the "Effective
7 Date"), amends the Amended and Restated Memorandum of Understanding executed on
8 January 6, 2003, as amended, by and between the County of Fresno, a political subdivision of
9 the State of California (hereinafter referred to as "County") and the City of Fresno, a municipal
10 corporation of the State of California (hereinafter referred to as "City"). County and City are
11 each a "Party" to this Third Amendment and are sometimes collectively referred to as "the
12 Parties" to this Third Amendment.
13 RECITALS:
14 WHEREAS, the Parties previously entered into a comprehensive Amended and
15 Restated Memorandum of Understanding, dated January 6, 2003, (the "MOU") regarding
16 development, City's sphere of influence, annexation, sales tax, property tax, and other matters
17 impacting both parties; and
18 WHEREAS, the Parties have previously extended the term of the MOU twice to
19 negotiate a long term extension; the current term of the MOU was scheduled to expire on
20 June 30, 2019; and
21 WHEREAS, it has become apparent to the Parties that a third amendment to the MOU
22 is necessary and desirable to accommodate extension of the MOU for one year from the
23 expiration date of June 30, 2019, to provide additional time for both Parties to complete
24 ongoing negotiations regarding a longer-term extension.
25 NOW, THEREFORE, County and City hereby agrees to amend the MOU as follows:
26 AMENDMENT NO. 3
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1. Section 8.1 Term of Restated MOU is hereby amended to read in its entirety as
follows:
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19-0534 Agreement A-19-224
14th May
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"This Restated MOU shall commence as of the Effective Date and remain in
effect until June 30, 2020. Further, the post-termination remedies and provisions
set forth in Section 8.4 and 8.5 of this Restated MOU shall survive its
termination."
2. Unless expressly modified by the terms of this Third Amendment, all other terms
of the MOU remain in full force and effect.
IN WITNESS WHEREOF, the Parties hereto have executed this Third Amendment, on
the date set forth above.
COUNTY OF FRESNO, a Political
Subdivision of the State of California
("County")
By:
Nathan Magsig, Chairman of the
Board of Supervisors of the County
of Fresno
ATTEST:
Bernice E. Seidel
Clerk to the Board of Supervisors .
County of Fresno, State of California
CITY OF FRESNO, a Municipal
Corporation of the State of California
("City")
By· ~CJ
· Lee Bran ~y~r
City of Fresno
ATTEST:
Yvonne Spence, MMC CRM
City Clerk, City of Fresno
18 By: d,..n,:, ~
. Deputy ~
By: ______________ _
Yvonne Spence, City Clerk
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APPROVEDASTOLEGALFORM:
Douglas Sloan, City Attorney, City of Fresno
By: ~ ,;-. I • 19
Raj Singadhesha, Senior Deputy City
Attorney
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