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FIRST AMENDMENT TO THE AMENDED AND RESTATED
MEMORANDUM OF UNDERSTANDING BETWEEN
THE COUNTY OF FRESNO AND THE CITY OF FRESNO
This First Amendment to the Amended and Restated Memorandum of Understanding
(“First Amendment”), executed on this _____ day of _______________, 2017, (the “Effective
Date”), amends the Amended and Restated Memorandum of Understanding executed on
January 6, 2003, by and between the County of Fresno, a political subdivision of the State of
California (hereinafter referred to as “County”) and the City of Fresno, 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 Amended and
Restated Memorandum of Understanding, dated January 6, 2003, (the “MOU”) 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 expires on December 31, 2017; and
WHEREAS, it has become apparent to the Parties that a First Amendment to the MOU
is necessary and desirable to accommodate extension of the MOU for six months from the
expiration date of December 31, 2017, in order to provide adequate opportunity for both
Parties to negotiate a longer-term extension.
NOW, THEREFORE, County and City hereby agrees to amend the MOU as follows:
AMENDMENT NO. 1
1.Section 8.1 Term of Restated MOU is hereby amended to read in its entirety as
follows:
“This Restated MOU shall commence as of the Effective Date and remain in
effect until June 30, 2018. Further, the post-termination remedies and provisions
Agreement No. 17-625
5th December
17-1415
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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 First Amendment, all other terms
of the MOU remain in full force and effect.
IN WITNESS WHEREOF, the Parties hereto have executed this First Amendment, on
6 the date set forth above.
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8 COUNTY OF FRESNO, a Political
9 Subdivision of the State of California
("County")
10 . /l~il. By. . .....
11 Brian Pacheco, Chairman for the
Board of Supervisors of the County
12 of Fresno
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14 ATTEST: ,
Bernice E. Seidel
15 Clerk to the Board of Supervisors
County of Fresno, State of California
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:: By: DE!~M: , ~
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CITY OF FRESNO, a Municipal
Corpor~tio -the State of. California'
(" ..
ATTEST:
Yvonne Spence
Ci y lerk, City of Fresno
1)/1 J,,
. \· . \'1
APPROVED AS TO LEGAL FORM:
Douglas Sloan, City Attorney, City of Fresno
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