HomeMy WebLinkAboutAgreement A-23-214 First Amendment to Management Zone Agreement.pdf 23-0250
Agreement No. 23-214
1 FIRST AMENDMENT TO AGREEMENT
2 THIS FIRST AMENDMENT TO AGREEMENT, (hereafter"Amendment"), is made and
3 entered into this 9th day of May 2023, by and between KINGS WATER ALLIANCE, a
4 California nonprofit public benefit corporation (hereafter "KWA"), and the County of Fresno, a
5 political subdivision of the State of California (hereafter"Participant" as described in
6 Attachments D and E) (referred to individually or collectively as Party of Parties).
7 WITNESSETH:
8 WHEREAS, PARTICIPANT and KWA entered into Agreement number 21-549, dated
9 December 14, 2021 (hereinafter "Agreement"), pursuant to which KWA agreed to allow the
10 Participant to participate in the Kings Water Alliance Management Zone to comply with Pathway
11 B of the RWQCB Nitrate Control Program; and
12 WHEREAS, PARTICIPANT and KWA now desire to amend the Agreement in order to
13 add a second CV Salts ID for County Service Area No. 44, Zone D (Monte Verdi Estates) and
14 the Participant's Elkhorn Facility.
15 NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
16 which is hereby acknowledged, PARTICIPANT and KWA agree as follows:
17 1. That the existing PARTICPANT agreement No. 21-549, TERMS OF
18 AGREEMENT Number 4 is deleted in its entirety and replaced with the following:
19 "Prior to approving any annual cost allocation, KWA agrees that participants, including
20 Participant, shall have reasonable amount of time to review the comment on the proposed
21 annual cost allocation. The cost allocation to Participant shall distinguish costs allocated
22 Fresno County Service Area No. 44, Zone D (Monte Verdi Estates); Fresno County Service
23 Area No. 47 (Quail Lake Estates); and the Participant's Juvenile Justice Campus and Elkhorn
24 Facility."
25 2. That the existing PARTICPANT agreement No. 21-549, add Attachment D and
26 Attachment E directly behind Attachments A, B, and C located at the end of the agreement.
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1 3. PARTICIPANT and KWA agree that this Amendment is sufficient to amend the
2 agreement and, that upon execution of this Amendment, the Agreement and this Amendment
3 together shall be considered the Agreement.
4 4. The Agreement, as hereby amended, is ratified, and continued. All provisions,
5 terms, covenants, conditions, and promises contained in the Agreement and not amended
6 herein shall remain in full force and effect.
7 5. This Amendment may be executed in any number of counterparts, each of which
8 be deemed an original, but all of which together shall constitute one and the same Amendment
9 binding on the Parties according to its terms and conditions.
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1 IN WITNESS WHEREOF, the Parties have executed this Agreement effective on the
2 date set forth above.
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KINGS WATER ALLIANCE COUNTY OF FRESNO
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6 Sigriature of KWA Board Chair S I Q in ro, hairman of the Board of
(or authorized designee) S is the County of Fresno
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4886 E. Jensen Ave.
8 Fresno, CA 93725
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11 Attest:
Bernice E. Seidel
12 Clerk of the Board of Supervisors
County of Fresno, State of California
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14 By: `-
Deputy
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FOR ACCOUNTING USE ONLY:
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Various County Service Areas and County Facilities:
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CSA 44D Account 7295 Fund 0870 Subclass 16430 Org 9247
18 CSA 47 Account 7295 Fund 4030 Subclass 40680 Org 9310
JUVENILE JUSTICE CAMPUS Account 7295 Fund 0801 Subclass 16900 Org 9140
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Facilities
20 ELKHORN L FACILITY Account 7295 Fund 1045 Subclass 10000 Org 8935
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