HomeMy WebLinkAboutAgreement A-06-021-1 with City of Kingsburg.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 KINGSBURG
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 January 31, 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 Kingsburg, 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 January 31, 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 January 31,
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 January 31, 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 January 31, 2006 and remain in effect until January
31, 2022, unless terminated prior to that time by mutual agreement of the parties.
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20-1525 Agreement No. 06-021-1
26th January
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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 Agreement and that
upon execution of this Amendment, the Agreement and this Amendment together shall be considered
the Agreement.
3. The Agreement, 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 he reto have executed th is FIRST Amendment , on the date
2 set forth above .
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COUNTY OF FRESNO , a Political
Subdivision of th Sta of Cal iforn ia
("County")
By : _....L.:.........Jr£..__L__~====---
Steve Brandau , Chairman of the
Board of Superviso rs of the County
of Fresno
ATTEST:
Bern ice E. Se ide l
Cl e rk of the Boa rd of Supe rvisors
County of Fresno , State of California
By : ci ,AL-~ ..
Deputy
CITY OF KINGSBURG , a Mun ic ipa l
Corporation of the State of Cal iforn ia
("City L {W,J .)
By ~ (}
Laura North , Mayor
C ity of K ingsburg
ATTEST:
Ab igail Pa lsgaa rd ,
City Clerk , City of Kingsburg
REVIEWED A
APPROVAL:
APPROVEDASTOLEGALFORM :
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