HomeMy WebLinkAboutAgreement A-22-381 First Amendment to Covenant and Agreement.pdf 22-0129 Agreement No. 22-381
1 FIRST AMENDMENT TO COVENANT AND AGREEMENT
2 REGARDING JOINT-USE OF PARKING LOT AND STORM
3 DRAINANGE FACILITIES BETWEEN
4 THE COUNTY OF FRESNO AND THE CITY OF FOWLER
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6 This First Amendment to the Covenant and Agreement Regarding Joint-Use of Parking Lot and
7 Storm Drainage Facilities ("First Amendment"), executed on this 23rd day of August 2022
8 ("Effective Date"), amends the Covenant and Agreement Regarding Joint-Use of Parking Lot and Storm
9 Drainage Facilities ("Covenant and Agreement"), executed on September 11, 2007, by and between the
10 County of Fresno, a political subdivision of the State of California ("County"), and the City of Fowler, a
11 municipal corporation of the State of California ("City"). County and City are each a "Party" to this First
12 Amendment, and are collectively "the Parties".
13 RECITALS:
14 WHEREAS, the Parties previously entered into the Covenant and Agreement, dated September
15 11, 2007, to address the rights and responsibilities of each of the Parties regarding improvements to and
16 joint usage of public parking and storm drainage facilities located adjacent to the County-constructed
17 Fowler Library, located within the city limits of the City of Fowler; and
18 WHEREAS, this First Amendment to the Covenant and Agreement is necessary and desirable to
19 accommodate development of a new (second) driveway, to be located on adjacent City-owned land, for
20 the purpose of providing additional access to the Fowler Library public parking lot.
21 NOW, THEREFORE, County and City hereby agree as follows:
22 1. The site plan, included as Attachment 1.1, and attached and incorporated by this
23 reference, shall replace Attachment 1 to the Covenant and Agreement as of the Effective Date of this
24 First Amendment.
25 2. The fourth recital of the Covenant and Agreement, on page 1, lines 18-19, is deleted, and
26 replaced with the following:
27 "WHEREAS, COUNTY will construct parking lot, driveway approaches, and storm
28 drainage improvements, hereinafter referred to as "Improvements."
Page 1 of 3
1 3. Section 1 of the Covenant and Agreement is deleted, and replaced with the following:
2 1. RIGHT OF ENTRY — CITY agrees to allow the COUNTY to enter upon and have
3 ingress to and egress from CITY properties located adjacent to the Library for the
4 purposes of construction of(A) a parking lot to be located on land within CITY jurisdiction;
5 (B) storm drainage improvements as more thoroughly described herein below, directing
6 water run-off from the parking lot and Library to CITY storm drainage basin facility, and
7 (C) development of two driveway approaches, to be located on adjacent City-owned land,
8 for the purpose of providing access to the Fowler Library public parking lot, as depicted
9 on Attachment 1.1."
10 4. Section 2 of the Covenant and Agreement is deleted, and replaced with the following:
11 "2. CONSTRUCTION —CITY agrees to allow the COUNTY and its contractor to construct
12 a parking lot containing thirty-eight (38) parking spaces, as well as two driveway
13 approaches for access to this parking lot, on a portion of the City's property adjacent to
14 the Library, and to construct storm drainage inlets and piping from the parking lot and the
15 Library to the City's property being used as a storm drainage basin (see Attachment 1.1).
16 COUNTY agrees to pay all costs and expenses associated with any work performed by
17 its contractor for the Improvements. COUNTY will obtain all necessary permits to perform
18 Improvement work. COUNTY and CITY agree to work cooperatively with respect to
19 inspection and approval of the Improvements, as more thoroughly provided below."
20 5. Unless expressly modified by the terms of this First Amendment, all other terms of the
21 Covenant and Agreement remain in full force and effect.
22 (Signature page follows.)
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1 IN WITNESS WHEREOF, the Parties hereto have executed this First Amendment as of the
2 Effective Date.
3 COUNTY OF FRESNO, a Political CITY OF FOWLER, a Municipal
Subdivision of the State of Califomia CorporaWdriq
State�_ _ifornia
4 ("County" ("City")
5 By: ._._ O-L By:
Brian Pacheco, Chairman of the rz, Major Pro a ity of Fowler
6 Board of Supervisors of the County
7 of Fresno
8 ATTEST: ATTEST:
Bemice E. Seidel Angela Vasquez,
9 Clerk of the Board of Supervisors Deputy City Cleric, City of Fowler
County of Fresno, State of Califomia
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BY-. V
11 By:_- Angela V quez, City C rk
Deputy
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REVIE ND ECOMMENDED FOR
13 AP
14 8
m er, City Manager
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16 APPROVED AS TO LEGAL FORM:
17 �OzZa
18 ey:
Scott Cross, City Attomey
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