1 AMENDMENT NO. 1
to the
INTERGOVERNMENTAL
MEMORANDUM OF UNDERSTANDING
By and Between
THE AGUA CALIENTE BAND OF CAHUILLA INDIANS
and
THE CITY OF CATHEDRAL CITY
Regarding
PROJECT CONTRIBUTIONS FOR THE RAMON ROAD BRIDGE WIDENING PROJECT
WHEREAS, the Agua Caliente Band of Cahuilla Indians (“Tribe”) is a federally recognized Indian tribe governing itself according to a Constitution and By-Laws and exercising sovereign authority over the lands of the Agua Caliente Indian Reservation (the “Reservation”), acting through its duly elected Tribal Council, subject to federal law; and WHEREAS, the City of Cathedral City (“City”), a California municipal corporation, acting through its duly elected City Council, is a charter city, established pursuant to the Constitution of the State of California; and
WHEREAS, on February 25, 2020, the Tribe and the City entered into an Intergovernmental Memorandum of Understanding (MOU), a copy of which is attached hereto and incorporated herein by this reference as Exhibit A, regarding the commitments of both parties to complete the design and construction of the Ramon Road Bridge Widening a Project (the “Project”); and
WHEREAS, pursuant to MOU Section III.6 (Termination Date), the MOU would remain in effect until the Project is completed, or until September 30, 2025, whichever is sooner; and WHEREAS, the Tribe and the City desire to extend the term of the MOU to allow for Project completion; and
WHEREAS, Section III.2. of the MOU provides that the MOU may only be modified in writing, signed and duly approved by both the Tribal Council and the City Council, and WHEREAS, in accordance with such requirements, the Tribal and City Councils desire to execute this Amendment No.1 to the MOU.
2 NOW THEREFORE, the Tribe and the City express their mutual understanding and responsibilities as follows:
1. Section III.6. of the MOU (Termination Date) is hereby modified to read as follows:
“This MOU shall remain in effect until the Project is completed, or until September 30, 2030, whichever is sooner.”
2. Except as modified by this Amendment No. 1 to the MOU, the terms contained in the MOU remain as stated in the MOU.
IN WITNESS WHEREOF, the Tribe and the City have executed this Amendment No. 1 as of the date first written above.
“TRIBE”
Agua Caliente Band of Cahuilla Indians, a
federally recognized Indian tribe
“CITY”
City of Cathedral City, a municipal corporation
____________________________________
Reid D. Milanovich
Tribal Council Chairman
____________________________________
Nancy Ross
Mayor
APPROVED AS TO FORM ATTEST
____________________________________
John T. Plata
General Counsel
____________________________________
Tracey R. Hermosillo
City Clerk
APPROVED AS TO FORM
____________________________________
City Attorney
3 EXHIBIT A
INTERGOVERNMENTAL MEMORANDUM OF UNDERSTANDING