HomeMy WebLinkAboutAgreement A-21-486 with City of Sanger.pdfPage 1 of 3
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FOURTH AMENDMENT TO THE AMENDED AND RESTATED
MEMORANDUM OF UNDERSTANDING BETWEEN
THE COUNTY OF FRESNO AND THE CITY OF SANGER
This Fourth Amendment to the Amended and Restated Memorandum of Understanding (“Fourth
Amendment”), executed on this _____ day of _______________, 2021 (“Effective Date”), amends the
Amended and Restated Memorandum of Understanding (the “MOU”) executed on December 13, 2005,
as previously amended, by and between the County of Fresno, a political subdivision of the State of
California (“County”), and the City of Sanger, a municipal corporation of the State of California (“City”).
County and City are each a “Party” to this Fourth Amendment and are collectively “the Parties.”
RECITALS:
WHEREAS, the Parties previously entered into a comprehensive MOU, dated December 13,
2005, regarding development, City’s sphere of influence, annexation, sales tax, property tax, and other
matters impacting both parties; and
WHEREAS, the Parties have previously extended the term of the MOU to negotiate a long-term
extension; and
WHEREAS, the current term of the MOU is scheduled to expire on December 13, 2021; and
WHEREAS, a Fourth Amendment to the MOU is necessary and desirable to accommodate
extension of the MOU for one year from the expiration date of December 13, 2021, to provide additional
time for both Parties to complete ongoing negotiations regarding a longer-term extension.
NOW, THEREFORE, County and City hereby agree as follows:
1.Section 9.1 “Term of MOU” is hereby amended to read in its entirety as follows:
This RESTATED MOU shall commence as of the December 13, 2005 and remain in effect until
December 13, 2022, unless terminated prior to that time by mutual agreement of the parties. Further,
the post-termination remedies and provisions set forth in Section 9.9 this Restated MOU shall survive its
termination.
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21-1139 Agreement No. 21-486
16th November
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ln 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. Upon the Effective Date of this Fourth Amendment, the MOU, as previously amended,
and this Fourth Amendment collectively constitute the MOU.
3. The MOU, as amended by this Fourth Amendment, is ratified and continued.
4. Unless expressly modified by the terms of this Fourth Amendment, all other terms of the
MOU remain in full force and effect.
(Signature page follows. )
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1 IN WITNESS WHEREOF , the Parties hereto have executed this Fourth Amendment as of the
2 Effective Date .
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COUNTY OF FRESNO , a Political
Subdivision of the State of California :~ounty")d &-
Stevlsranc:iau , 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 ~b~. et)
Deputy
CITY OF SANGER , a Municipal
Corporation of the State of California
("City ")
By : ~
Eli Ontiveros ,
City of Sanger
ATTEST:
Rebeca P. Ramirez ,
City Clerk , City of Sanger
By :~~'-/!~,
Reeca P. Ramirez , cityClerk ~
By :__,,_--==-=--"'-----=--lf----------
Tim Chapa , City Man ger
APPROVEDASTOLEGALFORM :
By J/,"{ r/.f ~ ~
Hilda Cantu-Montoy,ity Attorney
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