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PW Baypoint Lagoons HOA MOUAMENDMENT TO A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN RAFAEL AND THE BAYPOINT LAGOON HOMEOWNERS ASSOCIATION CONCERNING NEIGHBORHOOD STREETLIGHTS This Agreement is made and entered into this 614.. day of a-A_-'� , 2016, by and between the CITY OF SAN RAFAEL (hereinafter "SAN RAFAEL"), and the BAYPOINT LAGOON HOMEOWNERS ASSOCIATION (hereinafter "BPLHOA"), and forms an Amendment to that certain Memorandum of Understanding between the parties dated March 24, 2015, RECITALS WHEREAS, on March 24, 2015, SAN RAFAEL and BPLHOA entered into a Memorandum of Understanding (the "MOU") to allow the BPLHOA to replace seventeen SAN RAFAEL-owned streetlights with BPLHOA-purchased nautical -themed streetlights (hereafter, the "custom streetlights") along Baypoint Drive and Baypoint Village Drive; and WHEREAS, because the custom streetlights are not a standard model; and because SAN RAFAEL does not have the capacity to maintain the custom streetlights nor to respond if a pole were to be knocked over, the MOU provided for the BPLHOA to assume the maintenance and repair of the custom streetlights at no cost to SAN RAFAEL; and WHEREAS, pursuant to the MOU, the BPLHOA did purchase and install, and has maintained, seventeen custom streetlights; and WHEREAS, the BPLHOA now wishes to replace three additional SAN RAFAEL-owned streetlights along Catalina Boulevard with custom streetlights and SAN RAFAEL is willing to allow BPLHOA to do so on the same terms as provided in the MOU; NOW, THEREFORE, the parties hereby agree to amend the MOU as follows: AMENDMENT TO MOU 1. Paragraph 1 of the MOU, entitled "Purpose of Agreement", is hereby amended to read in its entirety as follows: 1. PURPOSE OF AGREEMENT. The purpose of this Agreement is to allow BPLHOA to replace twenty (20) standard City streetlights with custom designed streetlights purchased by BPLHOA, and to assume maintenance of these twenty (20) City -owned streetlights along Baypoint Drive, Baypoint Village Drive, Exhibit A Rev. date June 7, 2016 2. Paragraph 3 of the MOU, entitled "Duties of BPLHOA", is hereby amended by amending subparagraph A thereof to read in its entirety as follows: 3. DUTIES OF BPLHOA. A. BPLHOA shall be responsible for the maintenance of the twenty (20) City -owned streetlights located within its limits on a permanent basis. 3. Paragraph 4 of the MOU, entitled "Duties of SAN RAFAEL", is hereby amended by amending subparagraph A thereof to read in its entirety as follows: 4. DUTIES OF SAN RAFAEL. A. SAN RAFAEL shall be responsible for providing electrical service to the twenty (20) City -owned streetlights. 4. Except as expressly amended herein, all other provisions of the MOU, as executed on March 24, 2015, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. BAYPOINT LAGOON HOMEOWNERS ASSOCIATION JOHN AULANTJ III Property Manager ATTEST: CITY OF SAN RAFAEL JI SC UTZ, City an ger ATTEST: ESTHER C. BEIRNE, City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: La -r_ U ROBERT F. EPSTEIN Ci A�time City Y 2 BAYPOINT -LAGOONS ASSOCIATION - Januaty 28, 2016 Jim Scholtz City Manager City of San Rafael 1400 Fifth Avenue San Rafael, CA 94901 Dear Mr. Schultz, On behalf of the Baypoint Lagoons Board of Directors I am writing to advise you that at a meeting held on January 26, 2016, the Board formally approved the funds to complete their beautification project to install the final three light pole fixtures on Catalina Blvd., by Heron and Tern Courts. This approval was considered after the City of San Rafael revised their decision, which originally excluded the three Catalina light pole fixtures. Before the Baypoint Lagoons Association can order the light pole fixtures, we would require a written approval. Also is the City going to revise the Memorandum of Understanding that would include the three additional light poles? Randy Vignola of DC Electric will continue to be the point person for this project. Thank you for considering the request made by one of our owners. Sincere ly, T Ste han les, CCAM p Y Community Manager, Baypoint Lagoons Association cc: Board of Directors Dean Allison, Director of Public Works Dave Bonfilio, Baypoint Lagoons 35 Mitchell Blvd. Suite 5A San Rafael, California 94903 Tel 415 458-3537 Fax 415-458-3546 scharlesfacharlesps.com PROFESSIONAL SERVICES AGREEMENT/CONTRACT COMPLETION CHECKLIST AND ROUTING SLIP Below is the process for getting your professional services agreements/contracts finalized and executed. Please attach this "Completion Checklist and Routing Slip" to the front of your contract as you circulate it for review and signatures. Please use this form for all professional services aeree ments/co n tracts (not just those requiring City Council approval). This process should occur in the order presented below. Step Responsible Description Completion Department Date 1 City Attorney Review, revise, and comment on draft U6/7/16 agreement. 2 Contracting Department Forward final agreement to contractor for their signature. Obtain at least two signed /Ic originals from contractor. 3 Contracting Department Agendize contractor -signed agreement for 7 /5%/ 6 - Council approval, if Council approval necessary (as defined by City Attorney/City Ordinance*). 4 City Attorney Review and approve form of agreement; bonds, and insurance certificates and endorsements. 5 City Manager / Mayor / or Agreement executed by Council authorized Department Head official. 6 City Clerk City Clerk attests signatures, retains original _ agreement and forwards copies to the contracting department. To be completed by Contracting Department: Project Manager: Jeff Stutsman Project Name:_Baypoint Lagoon HOA lighting MOU Agendized for City Council Meeting of (if necessary): FPPC: ❑ , check if required If you have questions on this process, please contact the City Attorney's Office at 485-3080. * Council approval is required if contract is over $20,000 on a cumulative basis.