HomeMy WebLinkAboutAgreement A-15-125 with Table Mountain Rancheria.pdfAGT. # 15-125
Project No. S341NF
1 REIMBURSEMENT AGREEMENT FOR THE MILLERTON
2 NEWTOWN INFRASTRUCTURE PLAN
3 AND IMPLEMENTATION PROCEDURES AMENDMENT
4 This Agreement ("Agreement") is made and entered into this 1-tb day of
5 ~ ( l l , 2015, by and between the County of Fresno, a political subdivision of
6 the State of California ("County"), and Table Mountain Rancheria Band of Indians, a
7 federally-recognized sovereign Indian tribe ("Table Mountain Rancheria" or the "Tribe"}.
8 RECITALS
9 WHEREAS, on December 19, 2000, the County Board of Supervisors,
10 hereinafter referred to as the "Board", adopted the Millerton New Town Infrastructure
11 Plan ("Plan") and the Millerton New Town Area Implementation Procedures for the Plan
12 ("Procedures"); and
13 WHEREAS, Section XVIII of the Procedures provides that the Plan may be
14 amended from time to time upon approval by the County; and
15 WHEREAS, Section XVIII of the Procedures requires that the owner or owners
16 of land within the Plan Area (as defined in the Plan and the Procedures) who request
17 amendments to the Plan or to the Procedures shall pay for those amendments; and
18 WHEREAS, the Tribe has requested amendments to the Plan and to the
19 Procedures; and
20 WHEREAS, the Tribe understands its obligation to bear the cost of amendments
21 to the Plan and to the Procedures; and
22 WHEREAS, the Tribe and County mutually desire to enter into this
23 reimbursement agreement, by which the Tribe shall bear the cost of amendments to the
24 Plan and to the Procedures as related to the Tribe's request.
25 WHEREAS, the County estimates that the staff cost of amending the Plan and
26 the Procedures will be $10,000.
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NOW, THEREFORE, the parties agree as follows:
TRIBE RESPONSIBILITY
A. The Tribe shall pay all actual costs incurred by the County to undertake the
work and process necessary to amend the Plan and the Procedures as
requested by the Tribe. The Tribe shall be solely responsible for preparing the
amendment of the Plan and the Procedures for the County's processing and
submission for approval by the County Board of Supervisors.
B. Upon execution of this Agreement, the Tribe shall deposit with the County the
sum of (Ten Thousand) $10,000.
C. Upon the County's request to the Tribe for additional payment under section
II. C., below, the Tribe shall deposit with the County the requested amount.
D. The Tribe understands that notice of proposed amendments must be
submitted to all owners of land within the Plan Area with land remaining for
development for their review. The Tribe further understands that the
execution of this Agreement by the County is not a guarantee that the Plan or
the Procedures will be amended as requested by the Tribe.
COUNTY RESPONSIBILITY
A. The County shall keep accurate records of its actual cost incurred in the work
and process necessary to amend the Plan and the Procedures.
B. The County shall provide the Tribe of an accounting of all costs associated
with the work and process to amend the Plan and the Procedures.
C. The County may request in writing an additional deposit before continuing work
on amendments to the Plan and the Procedures, or the County may proceed with
work and bill the Tribe quarterly. In any event, the Tribe shall make payment to
the County within thirty (30) days after receiving a written request from the
County for an additional deposit or a quarterly invoice. The parties acknowledge
that the actual cost of the County's performance under this Agreement may
exceed the estimate of $10,000. If, however, the cost incurred is less than
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$10,000, or less than the total amount deposited by the Tribe, the County shall
refund such excess funds to the Tribe after the work and process to amend the
Plan and the Procedures is completed or terminated.
D. The County agrees that all funds paid by the Tribe to the County pursuant to
this Agreement will be used for the work and process necessary to amend the
Plan and the Procedures.
E. Except as otherwise provided in this Agreement, the County shall undertake
the work and process necessary to amend the Plan and the Procedures. The
County makes no guarantee that the Plan or the Procedures will be amended
as requested by the Tribe.
F. If the amendment requested by the Tribe is processed concurrently with any
other requested amendment to the Plan, the Procedures, or both, the County
shall: 1) as provided in the Procedures, require a reimbursement agreement
with the landowner or landowners requesting that amendment; and 2) use its
best efforts to allocate between the Tribe and the other landowner or
landowners the actual costs of the work and process necessary to amend the
Plan, the Procedures, or both as requested.
TERM AND TERMINATION
This Agreement is effective when executed. The County and the Tribe shall
20 proceed with due diligence to perform their respective obligations under this Agreement.
21 The Tribe may terminate this Agreement upon thirty (30) days written notice with all
22 outstanding charges being paid in full to the County. In the event the Tribe fails to make
23 any payment of deposit requested by the County, the County may terminate the
24 Agreement. Upon termination by either party, the County has no obligation to do any
25 further work, or to continue any process, to amend the Plan or the Procedures, but the
26 obligation of the Tribe to pay all amounts outstanding under this Agreement survives
27 until such amounts are paid in full.
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Project No. S341NF
1 IV. COMPLIANCE WITH LAWS
2 The County and the Tribe shall comply with all Federal, State, and Local laws,
3 ordinances, and regulations that are applicable to the performance of services or work
4 under this Agreement.
5 v. MODIFICATION
6 This Agreement may not be modified except by a separate written agreement
7 signed by both parties.
8 VI. SEVERABILITY
9 If any provision of the Agreement is determined to be invalid by a final decision of
10 Court, each and every other provision hereby shall remain in full force and effect.
11 VII. JURISDICTION AND DISPUTE RESOLUTION PROCESS
12 If any legal proceedings are necessary to enforce this Agreement or for the
13 declaration of any rights under the terms of this Agreement, the Tribe agrees to submit
14 to the jurisdiction of the Superior Court of the State of California in and for the County of
15 Fresno and further agrees not to assert sovereign immunity as an affirmative defense to
16 any such legal proceeding.
17 VIII. ENTIRE AGREEMENT
18 This Agreement constitutes the entire agreement between the Tribe and the
19 County with respect to the subject matter of this Agreement and supersedes all previous
20 communications between the parties on that subject matter unless those
21 communications are expressly included in this Agreement.
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NOTICES
The persons and their addresses having authority to give and receive notices
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under this Agreement including the following:
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For the County:
Alan Weaver, Director
Public Works & Planning
2220 Tulare Street 8th Floor
Fresno, CA. 93721
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For the Tribe:
Tribal Representative
Dan Casas
Table Mountain Rancheria
P.O. Box 410
Friant, CA. 93626
Project No. S341NF
All notices between the County and the Tribe provided for or permitted under this
Agreement must be in writing and delivered either by personal service, by first-class
United States mail, by an overnight commercial courier service, or by telephonic
facsimile transmission. A notice delivered by personal service is effective upon service
to the recipient. A notice delivered by first-class United States mail is effective three
County business days after deposit in the United States mail, postage prepaid,
addressed to the recipient. A notice delivered by an overnight commercial courier
service is effective one County business day after deposit with the overnight commercial
courier service, delivery fees prepaid, with delivery instructions given for next day
delivery, addressed to the recipient. A notice delivered by telephonic facsimile is
effective when transmission to the recipient is completed (but, if such transmission is
completed outside of County business hours, then such delivery shall be deemed to be
effective at the next beginning of a County business day), provided that the sender
maintains a machine record of the completed transmission. For all claims arising out of
or related to this Agreement, nothing in this section establishes, waives, or modifies any
claims presentation requirements or procedures provided by law, including but not
limited to the Government Claims Act (Division 3.6 of Title 1 of the Government Code,
beginning with section 81 0).
X. EXECUTION IN COUNTERPARTS
This Agreement may be executed in counterparts, each of which is deemed an
original and all of which together constitute the Agreement.
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Project No. S341NF
1 The parties are signing this Agreement on the date stated in the introductory clause.
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MAILING AiSDRESS
FOR ACCOUNTING USE ONLY
DEPARTMENT OF PUBLIC WORKS
AND PLANNING
CSA No. 34 Millerton New Town
Fund: 0830
Subclass: 16000
Org, No. 9174
Account No.: 5800
Account No.: 8150
Program No.: 90675
G:\4360Resources\BOARD OF SUPERVISORS\Agenda
16 ltems\BOARD 2015\4-7-15\Millerton PLAN-TMR
Reimbursement Agreement \Final CSA 34 Reimbursement
Agreement.Docx
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ATTEST:
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COUNTY OF FRESNO
REVIEWED AND RECOMMENDED
FOR APPROVAL:
BY: v~
ALAN WEAVER, DIRECTOR,
DEPARTMENT OF PUBLIC WORKS
AND PLANNING
APPROVED AS TO LEGAL FORM:
DANIEL C. CEDERBORG, COUNTY
COUNSEL
APPROVED AS TO ACCOUNTING
FORM:
VICKI CROW, C.P.A.
AUDITOR-CONTROLLER/
TREASURER-TAX COLLECTOR