HomeMy WebLinkAbout15294 July 13,2004
Agreement 04-297
Sunrise Crest, Inc.'s and County of Fresno's
Second Amendment to Agreement to
Waive Limitations to Date Certain
This Second Amendment to the Agreement to Waive Limitations to Date Certain
is made this\3 day of July, 2004, by and between the County of Fresno ("County") and
Sunrise Crest, Inc. as follows:
Recitals
WHEREAS, on April 8, 2003, County and Makrothumia Corporation entered into
an Agreement to Waive Limitations to Date Certain ("Agreement") with respect to
special assessment fees assessed to the property owned by Makrothumia for County
Service Area 34; and
WHEREAS, Makrothumia Corporation has changed its corporate name to'Sunrise
Crest, Inc., a California corporation; and
WHEREAS, on October 14, 2003, County and Sunrise Crest, Inc. entered into a
First Amendment to the Agreement;
WHEREAS, the County has commissioned a fee study dealing with the special
assessment fees and other fees in County Service Area 34 and expects completion of the
fee study in January, 2005;
WHEREAS, Sunrise Crest, Inc. and County now wish to extend the term of the
Agreement for a period of 15 months to allow continued discussions without interference
of a legal action,
Agreement
NOW, THEREFORE, for valuable consideration of the agreement of the parties as
set forth in this Second Amendment, the parties agree as follows:
I. The term of the Agreement shall be extended from 5:00 p.m. on December 26,
2003, until 5:00 p.m. on March 26, 2005.
2. This Second Amendment shall be effective from December 26, 2003.
3. Except as expressly set forth in this Second Amendment to the Agreement, the
Agreement shall remain unchanged.
IN WITNESS WHEREOF, the parties have executed this Agreement and it is
effective and binding upon each of them.
July 13,2004
Agreement 04-297
COUNTY OF FRESNO, a political SUNRISE CREST, NC.
subdi ' 'on of the ate f California
By: By: - l
Chairman, Board of Supervisors Patrick . Uy, President
JUL 1 S 2004
ATTEST:
Bernice Seidel JCWE
D AS TO FO
Clerk to th rd of Sup, ors BEL IL N LLP
By '
Robert K. Hillison
Attorneys for Sunrise'Crest, Inc.
RECO NDED FOR AP ROVAL:
By.
Dennis A. Marshall, Interim County Counsel
APPROVED AS TO LEGAL FORM:
Dennis A. Marsha Interim County Counsel
By: '
CERTIFICATE OF DELIVERY OF DOCUMENT
I am employed by the County of Fresno as a Deputy Clerk of the Board of'Supervisors,
On July 13, 20041 delivered a copy of Agreement 04-297 to the Chairperson of'the Fresno
County Board of Supervisors.
Marlene Moumdjian
Deputy Clerk