HomeMy WebLinkAboutAgreement A-19-185-1 with City of Sanger.pdfPage 1 of 3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
THIRD AMENDMENT TO THE AMENDED AND RESTATED
MEMORANDUM OF UNDERSTANDING BETWEEN
THE COUNTY OF FRESNO AND THE CITY OF SANGER
This Third Amendment to the Amended and Restated Memorandum of Understanding (“Third
Amendment”), executed on this _____ day of _______________, 2020, (the “Effective Date”), amends
the Amended and Restated Memorandum of Understanding (the “MOU”) executed on December 13,
2005, as amended, by and between the County of Fresno, a political subdivision of the State of California
(hereinafter referred to as “County”) and the City of Sanger, a municipal corporation of the State of
California (hereinafter referred to as “City”). County and City are each a “Party” to this Third Amendment
and are sometimes collectively referred to as “the Parties” to this Third Amendment.
RECITALS:
WHEREAS, the Parties previously entered into a comprehensive MOU, dated December 13,
2005, regarding development, City’s sphere of influence, annexation, sales tax, property tax, and other
matters impacting both parties; and
WHEREAS, the term of the MOU would, without this Third Amendment, expire on December 13,
2020; and
WHEREAS, a Third Amendment to the MOU is necessary and desirable to accommodate
extension of the MOU for one year from the expiration date of December 13, 2020, to provide additional
time for both Parties to complete ongoing negotiations regarding a longer-term extension.
NOW, THEREFORE, County and City hereby agrees to amend the MOU as follows:
AMENDMENT NO. 1
1.Section 9.1 “Term of MOU” is hereby amended to read in its entirety as follows:
This RESTATED MOU shall commence as of the December 13, 2005 and remain in effect until
December 13, 2021, unless terminated prior to that time by mutual agreement of the parties. Further,
the post-termination remedies and provisions set forth in Section 9.9 this Restated MOU shall survive its
termination.
///
20-1222 Agreement No. 19-185-1
3rd November
Page 2 of 3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
In addition, should all or any portion of this RESTATED MOU be declared invalid or inoperative
by a court of competent jurisdiction, or should any party to this RESTATED MOU fail to perform any of
its obligations hereunder, or should any party to this RESTATED MOU take any action to frustrate the
intentions of the parties as expressed in this RESTATED MOU, then in such event, this entire RESTATED
MOU, as well as any ancillary documents entered into by the parties in order to fulfill the intent of this
RESTATED MOU, shall immediately be of no force and effect and, in particular, no property tax exchange
agreement, as required by Section 99 of the Revenue and Taxation Code, shall exist between the CITY
and COUNTY as to unincorporated property.
2.Unless expressly modified by the terms of this Third Amendment, all other terms of the
MOU remain in full force and effect.
(Signature page follows.)
1 IN WITNESS WHEREOF, the Parties hereto have executed this Third Amendment, on the date
2 set forth above .
3 COUNTY OF FRESNO, a Political
Subdivision of the State of California
4 ("County")
5
Bv f nest '*n~~ orf--he..._,.._
6 Board of Supervisors of the County
7
of Fresno
ATTEST: 8 Bernice E. Seidel
9 Clerk of the Board of Supervisors
County of Fresno , State of California
10
11 By ~~
Deputy
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
CITY OF SANGER, a Municipal
Corporation of the State of California
("City~ ,d.
By : ~ funkG6nzalez, May
City of Sanger
ATTEST :
Rebeca Padron ,
-City Clerk , City of Sanger
By :~~
RecaPadron , City Clerk
REVI E ED AND RECOMMENDED FOR
A PP V.
APPROVED AS TO LEGAL FORM :
ay :_v/i_l~_~u~iu_Yr/J_,~#i ___ _
Hilda Cantu Montoy, tity Attorney
Page 3 of 3