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HomeMy WebLinkAboutA-05-076 FRESNO METRO FLOOD CONTROL & 21ST DIST AG ASSN - AMEND 2.pdfAGT.#O 5• 0 7 6 SECOND AMENDMENT TO AGREEMENT BASIN "Z" WHEREAS, the FRESNO METROPOLITAN FLOOD CONTROL DISTRICT (District), a public corporation, the COUNTY OF FRESNO (County), a political subdivision of the State of California, and the 21 sr DISTRICT AGRICULTURAL ASSOCIATION (Association), an institution of the State of .California, entered into a certain agreement dated April6, 1971 (1971 Agreement) and amendment to said agreement dated Aprill9, 1973 (1973 Amendment), and WHEREAS, the County has extended its lease agreement with the Association through June 30, 2054; and WHEREAS, as a condition of approval of the lease renewal, the County encouraged the Association to improve the racetrack infield with greenery; and WHEREAS, the Association proposes to improve the racetrack infield with sprinklers and turf; and WHEREAS, the surface soil of the racetrack infield had been compacted by the vehicle parking in the infield, and it was desirable to remove the highly-compacted surface soil to promote growth of future turf; and WHEREAS, the District utilizes a portion of the racetrack infield as a storm water retention basin identified as Basin "Z" on the Storm Drainage and Flood Control Master Plan; and WHEREAS, the storm water storage capacity of Basin "Z" as authorized by said 1971 Agreement and the said 1973 Amendment does not meet current District storage standards for Basin "Z"; and WHEREAS, the District was able to acquire land and create storage in a downstream and interconnected basin identified as Basin "A" for a portion of the storage capacity shortfall at Basin "Z"; and K:\Developer Agrcements\2005\Basin Z agreement-second amend.doc(dm) WHEREAS, the grading and excavation of Basin"[' to the grades and elevations shown on Exhibit ''A" hereto and the expanded storage at Basin '·A" increased the storage capacity to the current District capacity standard, and removed the compacted material from Basin "Z''; and WHEREAS, grading and excavation of Basin "Z" as identified on Exhibit "A" hereto allows the Association to continue to usc the infield for parking; and WHEREAS, the expanded capacity of the low flow area of Basin "Z" increases the usage of the upper floor for recreation and parking by increasing the frequency in which water can be confined to the low flow area; and WHEREAS, the District completed the excavation of Basin "Z" in August 2002 as requested by the Association to the elevations and grades as shown on Fxhibit "A", and exported said material to ·a County road project; and WHEREAS. said grading and excavation drawing (Exhibit "A") was approved by the Association prior to the grading and excavation work; and WI IEREAS. the parties hereto desire to amend said 1971 Agreement (as previously amended by the 1973 Amendment) and confirm the grading and excavation that has occurred since the 1973 Amendment as hereinafler set forth. 1\'0W, THEREFORE, IT IS HEREBY AGREED by and between the parties hereto that said 1971 Agreement (as previously amended by the 1973 Amendment) is hereby amended as follows: I. Paragraph I of the 1971 Agreement and Paragraph I of the 1973 Amendment arc deleted in their entirety and replace with the following: Parties hereto accept the grades, elevations and storage capacity of Basin "Z"as identified on Second Revised Exhibit "A" hereto. The parking area identified on K-T)eveloP'."r Agrccmentsi2005\Ba<;m Z agrccmcm-second amcnd_dt~(d~J ·, Second Revised Exhibit "A" is suitable and may be used as an automobile parking area when not in use for the retention of storm and drainage waters." 2. Exhibit "A" dated March 2, 1973 of the 1973 Amendment to the 1971 Agreement shall be and it is hereby replaced by Exhibit "A" hereto, dated July 30, 2002. 3. All other terms of the 1971 Agreement (as amended by the 1973 Amendment) shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to the 1971 Agreement and the 1973 Amendment as of the .15..!_ day of M o.. '\ ~ , 2005. Form Approved: Baker, Manock & Jensen Approved as to Legal Form: Dennis A. Marshall, County Counsel By~4)~~ Deputy pproval: .. .. '-ll.IH!l A. Navarrette, Director General Services · ··· · .. K:\Developer Agreements\2005\Basin Z agreement·sccond amend.doc(d~) Fresno Metropolitan Flood Control District, a California public corporation By--=~=...::.~ .... =--....::......M~it£=-- Bob VanWyk, Genlral Manager County of Fresno, a political subdivision ase, Chairman oard of Supervisors Attest: Bernice E. Seidel, Clerk ::ar~ · Deputy .... By_,_~--'-1:~....(,...!"'-~~==---- ., "' !.0-ro...;:wo; 1>/•--> X " :: "' 6l 0 =i I ., . OJ > ' ' I \,,' /~ • ' ~ ~ " • n . a ~ :a I I I.IGEND ,..._,, ... c-.-..-n•• r., ~a..•----~- , __ , •• s-...... -'·--0---, ___ =·-·- ~----------f,,--c":.=-"-;~;{,a """ mEOI sz~:l ~~-1---='-· -~-~-~-=-~~:.; ::.....' LOW FZ_OW AREA ... _ ~· 0."' • ur RECREA TlONAL AREA RESIDENTlAL DEsiGN SII[[T I Qr 2 5H[[T5 ~r sufr.r 'J_fOR Of'i~CH CA~~!'~ REVISION FRESNO METROPOUTAN FlOOO CONmot.. DISTRICT BASIN Z .. ' • • • ! J f i 1 • ] 1 I ! • 1 ~ EXHIBIT"A" PAGE 2 OF: ' ' • l . . : ' I . ; t ' i 'i ,; ., ,, ' ·' .