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HomeMy WebLinkAbout15299 Ac'Cit06- 0041 1 AMENDMENT IV TO AGREEMENT 2 3 THIS AMENDMENT IV TO AGREEMENT made and entered into. this 24 day of 4 January, 2006, between the county of Fresno, a political subdivision of the State of California 5 (hereinafter called "COUNTY") and the Regents of the University of California, a California 6 corporation, located at 336 Sproul Hall, #5940, Berkeley, California 94720 (hereinafter called 7 "CONTRACTOR"). g WITNESSETH: 9 WHERAS, the COUNTY Assessor requires an appropriate data base and evaluation of 10 the livestock carrying capacity of rangelands in Fresno �ounty, including lands enrolled in the 11 Williamson Act, in order to conduct fair market value appraisals of the interests in same: and 12 WHEREAS, on November 7, 2000,the COUNTY and the CONTRACTOR entered in an 13 Agreement under which CONTRACTOR'S research unit, namely,the Center for the Assessment 14 and Monitoring of Forest and Environmental Resources (CAMFER) would prepare.a Rangeland 15 Evaluation to be used together with additional remote sensing data and evaluation by AgriCast, a 16 California Corporation, to generate a Rangeland Evaluation Based on Livestock Carrying 17 Capacity for use by the COUNTY Assessor; and 18 WHEREAS, the Agreement entered into on November 7, 2000, contained March 31, 19 2001 as its date of termination, and though the CONTRACTOR/CAMFER and the COUNTY 20 had been performing pursuant to the terms of the Agreement, the work was not completed prior 21 to that date certain by the CONTRACTOR/CAMFER, through no fault of its own, and the 22 parties retroactively amended the Agreement by Amendment I to Agreement on June 16, 2001, 23 to extend the date of termination to December 31, 2001, and the parties further amended the 24 agreement by Amendment II to Agreement on December 18, 2001 to extend the date of . 25 termination to June 30, 2002, and the parties further amended the agreement by Amendment III 26 to Agreement on June 25, 2002 to extend the date of termination to December 31, 2002;and 27 WHEREAS, though the CONTRACTOR/CAMFER and the COUNTY have continued to 28 perform pursuant to the terms of the Agreement, as amended, the work has now been completed I and in order make final payment therefore, the parties must further amend the Agreement, as 2 amended, by this Amendment IV. 3 NOW, THEREFORE, the parties hereto have and by these presents do agree to further 4 amend the Agreement entered into on November 7, 2000, as amended by Amendment I, and by 5 Amendment II, and by Amendment III, by entering into this Amendment IV to Agreement, as 6 follows: 7 1. That the date of termination of Page 4, line 18 of the Agreement, as amended by 8 Amendment I, by Amendment II and Amendment III be amended to read"April 30, 2006". 9 2. The parties hereto agree that this Amendment IV to Agreement shall be effective 10 on the date first set forth above, which is the date upon which it is signed by the COUNTY. I Notwithstanding the foregoing, it is agreed by the parties hereto that no overlap of this 12 Amendment IV to Agreement and the original Agreement, as amended by Amendment 1, 13 Amendment 11 and by Amendment III, and its terms, covenants, conditions and promises, or any 14 of them, shall occur by the parties entering into this Amendment IV. 15 3. The COUNTY is authorized by the parties hereto to enter the date upon which it 16 signs this Amendment IV to Agreement on page 1, lines 3-4 of this Amendment IV. 17 4. All remaining provisions, terms, covenants, conditions and promises in the 18 Agreement dated November 7, 2000, as amended, shall remain in full force and effect. 19 H 20 21 22 H 23 24 25 H 26 // 27 H 28 �� e 1 IN WITNESS WHEREOF, the parties hereto have caused this Amendment IV to 2 Agreement to be executed as of the day and year first above written. 3 4 CONTRACTOR COUNTY OF FRESNO 5 THE REGENTS OF THE UNIVERSITY 6 OF CALIFORNIA 7 By: VJWt By: g Chairman, Board of Superv�s r TITL : Assistant Director fec.Aien- 9 P4q*ts 10 University of California, l Berkeley, California 94720-5940 11 APPROVED AS TO LEGAL FORM FEDERAL ID NO. 94-6002123 DENNIS A. MARSHALL, 12 COUNTY COUNSEL REVIEWED AND RECOMMENDED 13 FOR APPROVAL: 14 By. . -L d f, 15 By: -- ROBERT C. WERNER, 16 Fresno County Assessor-Recorder APPROVED AS TO ACCOUNTING FORM: VICKI CROW, C.P.A. 17 ATTEST: Auditor-Controller/Treasurer-Tax Collector 18 BERNICE E. SEIDEL, Clerk to the Board of Supervisors 19 By: 20 By: 21 22 General Fund: 0001/10000 Organization(Org): 04200100 23 Account/Prog: 7295/0 24 25 26 27 28 CERTIFICATE OF DELIVERY OF DOCUMENT am employed by the County of Fresno as a Deputy Clerk of the Board of Supervisors. On January 24, 2006 1 delivered a copy of Agreement No 06-004 to the Chairman of the Fresno County Board of Supervisors. Javier Flores Deputy Clerk