HomeMy WebLinkAboutAgreement A-10-432-3 with Tenaya Estates.pdf1
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AMENDMENT No. 3 TO AGREEMENT No. 10-432
This AMENDMENT III (“Third Amendment”) TO AGREEMENT is made this ____ day of
_________, 2020, by the COUNTY OF FRESNO, a political subdivision of the State of California
("COUNTY"), on behalf of COUNTY SERVICE AREA NO. 2 (Tenaya Estates) ("CSA No. 2"), and
TENAYA ESTATES, INC., a California Public benefit corporation, whose address is 1363 W. Sample
Ave, Fresno, California 93711 ("CONTRACTOR").
WHEREAS, the parties entered into an agreement on August 10, 2010, to be retroactively
effective as of July 1, 2010, identified as COUNTY agreement No. 10-432 (“Agreement”), for
CONTRACTOR to oversee and carry out responsibilities for the operation and maintenance of the Park
(as defined in the Agreement) including walkways, walkway lights, playground equipment, sprinklers
and water system, trees, shrubs and lawn and related Park improvements and facilities; and
WHEREAS, the parties on September 30, 2014, entered into Amendment No. 1 to Agreement
No. 10-432 (Amendment 1), to extend the term of the Agreement and to increase the maximum
compensation payable by COUNTY to CONTRACTOR; and
WHEREAS, the parties on April 26, 2016, entered into Amendment No. 2 to Agreement No. 10-
432 (Amendment 2), to increase the maximum compensation payable by COUNTY to CONTRACTOR;
and
WHEREAS, the parties desire to extend the term of the Agreement; and
WHEREAS, the parties desire to further increase the maximum compensation payable by
COUNTY to CONTRACTOR under the Agreement due to increased cost in routine operations and
maintenance, and due to necessary extraordinary maintenance that has been deferred; and
WHEREAS, the parties desire to amend the Agreement as stated below.
THE PARTIES THEREFORE AGREE AS FOLLOWS:
1.Section 3, TERM, of the Agreement, beginning on page 2, line 24 and ending on page 2,
line 26, is deleted and replaced with the following:
“3. TERM
This Agreement shall be effective, retroactively, to July 1, 2010, and shall terminate June
30, 2024, unless terminated earlier in the manner specified herein.”
Agreement No. 10-432-3
26th
May
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2. Section 5, PAYMENT FOR SERVICES, paragraph A, of the Agreement, beginning on
page 3, line 26 and ending on page 4, line 19, is deleted and replaced with the following:
“A. The COUNTY shall establish and approve a budget for CSA No. 2 near the end of June
each year. The CSA No. 2 budget will project revenues, expenditures, and reserves. Sources of
revenues will be from CSA No. 2 property assessments, interest income, a percentage of property tax
revenues distributed from the State and unobligated cash reserves from the prior fiscal year. The CSA
No. 2 budget should have sufficient cash to pay the COUNTY for the preparation of audits and financial
statements, general administration, performing general ledger accounting, utilizing the PeopleSoft
Program, provide the CONTRACTOR with reimbursement payments and maintain adequate cash
reserves. The CONTRACTOR’s COST REIMBURSEMENT for each fiscal year for operations and
maintenance shall not exceed the appropriations for that fiscal year. However, the COUNTY does not
guarantee this full amount will be available to the CONTRACTOR and the COUNTY may need to
reduce the stated amount if CSA No. 2 revenues are insufficient.
Fiscal Year
Contractor’s Maximum
Cost Reimbursement
2010-2011 $32,500
2011-2012 $33,000
2012-2013 $33,000
2013-2014 $33,000
2014-2015 $57,232
2015-2016 $48,000
2016-2017 $50,500
2017-2018 $52,500
2018-2019 $54,500
2019-2020 $56,500
2020-2021 $57,500
2021-2022 $60,500
2022-2023 $63,500
2023-2024 $66,500
TOTAL $698,732
3. COUNTY and CONTRACTOR agree that this Third Amendment is sufficient to amend
the Agreement and, that upon execution of this Third Amendment, the Agreement and this Third
Amendment together shall be considered the Agreement.
1 3. COUNTY and CONTRACTOR agree that this Third Amendment is sufficient to amend
2 the Agreement and , that upon execution of this Third Amendment, the Agreement and this Third
3 Amendment together shall be considered the Agreement.
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4 . The Agreement, as hereby amended , is ratified and continued . All provisions, terms,
covenants, conditions and promises contained in the Agreement, Amendment No. 1, and Amendment
No. 2 and not amended herein shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment as of the day
and ye first hereinabove written.
Paul Heath , CFO Tenaya Estates, Inc.
Print Name & Title
1363 W. Sample Ave
Fresno, CA 93711
COUNTY OF FRESNO
£~4:e-4=~
Ernest Buddy Mendes , Chairman of the Board of
Supervisors of the County of Fresno
15 Mailing Address ATTEST:
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FOR ACCOUNTING USE ONLY:
Fund : 0160
Subclass : 12000
ORG : 9142
Account: 7220
Memo: 19
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno, State of California