HomeMy WebLinkAbout32344Agreement No. 09-472-3
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2 AMENDMENT Ill TO AGREEMENT
3 THIS AMENDMENT Ill TO AGREEMENT is made this.Jtatb day of ;il*"~· 2016, by
4 the COUNTY OF FRESNO, a Political Subdivision of the State of California ("County"), and
5 Table Mountain Rancheria Band of Indians, a federally-recognized sovereign Indian tribe
6 ("Table Mountain Rancheria" or the "Tribe").
7 WHEREAS, the parties entered into an Agreement on September 15, 2009, identified by
8 the County as Agreement No. 09-472 ("Agreement"), for provision of funds by Table Mountain
9 Rancheria to effect certain improvements and repairs to infrastructure serving County Service
10 Area (CSA) 34; and
11 WHEREAS, the parties entered into an Amendment I to Agreement on October 22, 2013
12 ("Amendment n. to amend the agreement; and
13 WHEREAS, the parties entered into an Amendment II to Agreement on March 24, 2015
14 ("Amendment II"), to amend the Agreement, and now desire to amend the Agreement again with
15 this Amendment Ill; and
16 WHEREAS, Phase II of the work contemplated in the Agreement and in Amendment I
17 and Amendment II, referred to in those documents as "Repairs and Improvements," includes the
18 construction and installation of a new raw water pipeline parallel to the existing line from
19 Winchell Cove (referred to as the "Pipeline Capacity Improvements") and related engineering,
20 environmental, County project management and County construction management costs
21 (collectively, and together with the Pipeline Capacity Improvements referred to as the "Winchell
22 Cove Pipeline Improvement Project"); and
23 WHEREAS, the Pipeline Capacity Improvements will be partially constructed within
24 Tribal Land; and
25 WHEREAS, the Parties are entering into this Amendment Ill to provide clarifications to
26 Amendment II; and
27 Ill
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1 The parties are signing this Agreement on the date in the introductory clause.
2 TABLE MOUNTAIN RANCHERIA: COUNTY OF FRESNO:
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4 · >24/t: ~2:(-t!Cc" c:~c:/;;~i'-~r7 BY: !::~::::::::::::~:=::!-..t.~~~~:...!..!:..:!::=~:::t
Chairperson, Tribal Counsel 0 ERNEST BUDDY MENDE , CHAIRMAN
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~ U)l~~er:-~J ~aJl~OF SUPERVISORS
Print Name & Title . DATE: ~~ 5lte?Ot1P
. 0 · m lf{Q frlttt} QAq31JtLp REVIEWED AND RECOMMENDED
Mailing Address 1 FOR APPROVAL:
FOR ACCOUNTING USE ONLY
Department of Public Works and Planning
CSA No. 34 Millerton New Town
Fund: 0830
Subclass: 16000
Org, No. 9174
Account No.: 5800
Account No.: 8150
Program No.: 90675
C :\Granicus\Legistar5\L5\ Temp\5a2cc591-C098-4416-959b-
E8ea 7f4b940a .Docx
ATIEST:
BY: ~r~<-V~ ~~~~~~~~~------~ ALAN WEAVER, DIRECTOR,
DEPARTMENT OF PUBLIC WORKS AND
PLANNING
APPROVED AS TO LEGAL FORM:
DANIEL C. CEDERBORG, COUNTY
COUNSEL
APPROVED AS TO ACCOUNTING FORM:
VICKI CROW, C.P.A.
AUDITOR-CONTROLLER/
TREASURER-TAX COLLECTOR
BERNICE E. SEIDEL, Clerk
~&::'~
De uty
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