HomeMy WebLinkAboutAgreement A-06-071-1 with City of Orange Cove.pdfPage 1 of 3
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FIRST AMENDMENT TO THE AMENDED AND RESTATED
MEMORANDUM OF UNDERSTANDING BETWEEN
THE COUNTY OF FRESNO AND THE CITY OF ORANGE COVE
This First Amendment to the Amended and Restated Memorandum of Understanding (“First
Amendment”), executed on this _____ day of _______________, 2021, (the “Effective Date”), amends
the Amended and Restated Memorandum of Understanding (the “MOU”) executed on March 21, 2006,
by and between the County of Fresno, a political subdivision of the State of California (hereinafter referred
to as “County”) and the City of Orange Cove, a municipal corporation of the State of California (hereinafter
referred to as “City”). County and City are each a “Party” to this First Amendment and are sometimes
collectively referred to as “the Parties” to this First Amendment.
RECITALS:
WHEREAS, the Parties previously entered into a comprehensive MOU, dated March 21, 2006,
regarding development, City’s sphere of influence, annexation, sales tax, property tax, and other matters
impacting both parties; and
WHEREAS, the term of the MOU would, without this First Amendment, expire on March 21, 2021;
and
WHEREAS, a First Amendment to the MOU is necessary and desirable to accommodate
extension of the MOU for one year from the expiration date of March 21, 2021, to provide additional time
for both Parties to complete ongoing negotiations regarding a longer-term extension.
NOW, THEREFORE, County and City hereby agrees to amend the MOU as follows:
AMENDMENT NO. 1
1.Section 9.1 “Term of MOU” is deleted in its entirety and replaced with the following:
This RESTATED MOU shall commence as of March 21, 2006 and remain in effect until March
21, 2022, unless terminated prior to that time by mutual agreement of the parties.
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Agreement No. 06-071-1
9th March
21-0034
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In addition, should all or any portion of this RESTATED MOU be declared invalid or inoperative
by a court of competent jurisdiction, or should any party to this RESTATED MOU fail to perform any of
its obligations hereunder, or should any party to this RESTATED MOU take any action to frustrate the
intentions of the parties as expressed in this RESTATED MOU, then in such event, this entire RESTATED
MOU, as well as any ancillary documents entered into by the parties in order to fulfill the intent of this
RESTATED MOU, shall immediately be of no force and effect and, in particular, no property tax exchange
agreement, as required by Section 99 of the Revenue and Taxation Code, shall exist between the CITY
and COUNTY as to unincorporated property.
2. The Parties agree that this Amendment is sufficient to amend the MOU and that upon
execution of this Amendment, the MOU and this Amendment together shall be considered the MOU.
3. The MOU, as hereby amended, is ratified and continued. Unless expressly modified by
the terms of this First Amendment, all other terms of the MOU remain in full force and effect.
(Signature page follows.)
1 IN WITNESS WHEREOF , the Parties hereto have executed this FIRST Amendment, on the date
2 set forth above .
3 COUNTY OF FRESNO , a Political
Subdivision of the ate of California
4 ("County")
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By: ---~.....,__,_l!!:::....--=-----
Steve Bra aau , Chairman of the
Board of Supervisors of the County
of Fresno
ATTEST:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno, State of California
By d,oo.:, e,., tr
Deputy
CITY OF ORANG COVE , a Municipal
Corporation of th State of California
("City")
ATTEST:
June V. Lopez-Bracamontes ,
City Clerk, City of Orange Cove
B~
June/2'. Lopez-Bracamontes , City Clerk
RECOMMENDED FOR
nager
APPROVED AS TO LEGAL FORM :
By : __ ~ __ t,v_,_1_·/._it-_6_'.--G_Y\'--~----·--
Daniel T. McCloskey, City'Attorney
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