HomeMy WebLinkAboutAgreement A-24-277 Amendment IV with Tenaya Estates Inc..pdf 24-0290 Agreement No. 24-277
1 AMENDMENT NO. IV TO SERVICE AGREEMENT 10-432
2 This Amendment No. IV to Service Agreement 10-432 ("Amendment No. 4") is dated
3 June 4, 2024 and is between Tenaya Estates, Inc., a California corporation
4 ("Contractor"), and the County of Fresno, a political subdivision of the State of California
5 ("County").
6 Recitals
7 A. On July 1, 2010, the County and the Contractor entered into Tenaya Park Agreement,
8 which is County agreement number 10-432 ("Agreement"), for the maintenance and operation of
9 CSA 2 Tenaya Park.
10 B. On September 30, 2014, the County and the Contractor entered into Amendment No. 1
11 to Agreement 10-432 (Amendment No. 1) to extend the term of the Agreement and increase the
12 maximum compensation payable by County to Contractor under the Agreement due to
13 increased cost in operations and maintenance.
14 C. On April 26, 2016, the County and the Contractor entered into Amendment No. 2 to
15 Agreement 10-432 (Amendment No. 2) to increase the maximum compensation payable by
16 County to Contractor under the Agreement due to increased cost in operations and
17 maintenance, and to necessary extraordinary maintenance that had been deferred.
18 D. On May 26, 2020, the County and the Contractor entered into Amendment No. 3 to
19 Agreement 10-432 (Amendment No. 3) to extend the term of the Agreement and increase the
20 maximum compensation payable by County to Contractor under the Agreement due to
21 increased cost in operations and maintenance, and to necessary extraordinary maintenance
22 that had been deferred.
23 E. The County and the Contractor now desire to further amend the Agreement to extend
24 the term of the Agreement and to further increase the maximum compensation payable by
25 County to Contractor under the Agreement due to increased cost in routine operations and
26 maintenance, and due to necessary extraordinary maintenance, that has been deferred.
27 The parties therefore agree as follows:
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1 1. Section 3 of the Agreement as previously amended, beginning on page 2, line 24 and
2 ending on page 2, line 26 of the Agreement, is deleted in its entirety and replaced with the
3 following:
4 "1 TERM
5 This Agreement shall be effective, retroactively, to July 1, 2010, and shall
6 terminate June 30, 2029, unless terminated earlier in the manner specified herein."
7 2. Section 5 of the Agreement as previously amended beginning on page 3, line 25 and
8 ending on page 4, line 19 of the Agreement is deleted in its entirety and replaced with the
9 following:
10 "5. PAYMENT FOR SERVICES
11 A. The COUNTY shall establish and approve a budget for CSA No. 2 near the
12 end of June each year. The CSA No. 2 budget will project revenues, expenditures, and
13 reserves. Sources of revenues will be from CSA No. 2 property assessments, interest
14 income, a percentage of property tax revenues distributed from the State and
15 unobligated cash reserves from the prior fiscal year. The CSA No. 2 budget should have
16 sufficient cash to pay the County for the preparation of audits and financial statements,
17 general administration, performing general ledger accounting, utilizing the PeopleSoft
18 Program, provide the Contractor with reimbursement payments and maintain adequate
19 cash reserves. The Contractor's Cost Reimbursement for each fiscal year for operations
20 and maintenance shall not exceed the appropriations for that fiscal year. However, the
21 County does not guarantee this full amount will be available to the Contractor and the
22 County may need to reduce the stated amount if CSA No. 2 revenues are insufficient.
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2 Contractor's Maximum
Fiscal Year Cost Reimbursement
3 2010-2011 $32,500
4 2011-2012 $33,000
2012-2013 $33,000
5 2013-2014 $33,000
6 2014-2015 $57,232
2015-2016 $48,000
7 2016-2017 $50,500
8 2017-2018 $52,500
9 2018-2019 $54,500
2019-2020 $56,500
10 2020-2021 $57,500
11 2021-2022 $60,500
2022-2023 $63,500
12 2023-2024 $66,500
13 2024-2025 $66,500
2025-2026 $66,500
14 2026-2027 $66,500
15 2027-2028 $66,500
16 2028-2029 $66,500
17 3. When both parties have signed this Amendment No. 4, the Agreement, Amendment No.
18 1, Amendment No. 2, Amendment No. 3, and this Amendment No. 4 together shall constitute
19 the Agreement.
20 4. The Contractor represents and warrants to the County that:
21 a. The Contractor is duly authorized and empowered to sign and perform its obligations
22 under this Amendment.
23 b. The individual signing this Amendment on behalf of the Contractor is duly authorized
24 to do so and his or her signature on this Amendment legally binds the Contractor to
25 the terms of this Amendment.
26 5. The parties agree that this Amendment may be executed by electronic signature as
27 provided in this section.
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1 a. An "electronic signature" means any symbol or process intended by an individual
2 signing this Amendment to represent their signature, including but not limited to (1) a
3 digital signature; (2) a faxed version of an original handwritten signature; or (3) an
4 electronically scanned and transmitted (for example by PDF document) version of an
5 original handwritten signature.
6 b. Each electronic signature affixed or attached to this Amendment (1) is deemed
7 equivalent to a valid original handwritten signature of the person signing this
8 Amendment for all purposes, including but not limited to evidentiary proof in any
9 administrative or judicial proceeding, and (2) has the same force and effect as the
10 valid original handwritten signature of that person.
11 c. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
12 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part
13 2, Title 2.5, beginning with section 1633.1).
14 d. Each party using a digital signature represents that it has undertaken and satisfied
15 the requirements of Government Code section 16.5, subdivision (a), paragraphs (1)
16 through (5), and agrees that each other party may rely upon that representation.
17 e. This Amendment is not conditioned upon the parties conducting the transactions
18 under it by electronic means and either party may sign this Amendment with an
19 original handwritten signature.
20 6. This Amendment may be signed in counterparts, each of which is an original, and all of
21 which together constitute this Amendment.
22 7. The Agreement as previously amended and as amended by this Amendment No. 4 is
23 ratified and continued. All provisions of the Agreement as previously amended and not
24 amended by this Amendment No. 4 remain in full force and effect.
25 [SIGNATURE PAGE FOLLOWS]
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I IN WITNESS THEREOF, the parties hereto have executed this Amendment No. 4 as of
2 the day and year first hereinabove written.
3
TENAYA ESTATES, INC. COUNTY OF FRESNO
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6 Paul Heath, FO Tenaya Estates, Inc. Nathan Magsig, Chairman of the Board of
Supervisors of the County of Fresno
7 1363 W. Sample Ave.
Fresno, CA 93711 Attest:
8 Bernice E. Seidel
Clerk of the Board of Supervisors
9 County of Fresno, State of California
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By: _
11 Deputy
12 ;For accounting use only:
13 Org No.: 9142
Account No.: 7220
14 Fund No.: 0160
15 Subclass No.: 12000
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