HomeMy WebLinkAboutPW Southern Heights Bridge Temporary Construction Easements 2019; Amendment 07-24-2019PARCEL NO.: 012-282-37
PROJECT: Southern Heights Boulevard Bridge Replacement
OWNER:
AMENDMENT TO
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
This Amendment to Temporary Construction Easement Agreement is made and
entered this, -)-4 day, 2019, by and between as Trustee of the
dated November 21,1997 as amended and restated on May 13,
2013 (hereinafter called "Grantor"), and the City of San Rafael, a California municipal
corporation (hereinafter called "City"),
Whereas, on April 23, 2019, Grantor and City entered into a "Temporary Construction
Easement Agreement" (the "Agreement") by which Grantor granted to City temporary
construction easement rights for the purposes of facilitating the Southern Heights Bridge
reconstruction, public street improvements and related purposes, in, on, over, under, through,
along, and across portions of Grantor's real property located in the County of Marin, State of
California, bearing Assessor's Parcel Number 012-282-37, and more particularly described and
depicted in Exhibits "A" and "B" attached to the Agreement (the Temporary Construction
Easement Area"); and
Whereas, City and Grantor now wish to amend the Agreement to grant City additional
temporary construction easement rights that City requires in connection with the Southern Heights
Bridge reconstruction project;
Now Therefore, the parties agree to amend the Agreement as follows:
1. In addition to all the temporary construction easement rights granted to City by the
Agreement, Grantor grants to the City and its agents (including Pacific Gas & Electric
Company) a temporary construction easement right in the Temporary Construction
Easement Area to install a Pacific Gas and Electric Company temporary wood pole and
line with such wires and cables suspended therefrom as required for the transmission and
distribution of electric energy, and for communication purposes for cable television or
phone lines, and all necessary and proper crossarms, guys, anchors, and other appliances
and fixtures for use in connection with said poles, wires and cables. Grantor is compelled
to temporarily grant these rights, and the City is compelled to temporarily use these
property rights.
2. In addition to the compensation payable by City to Grantor under section 4 of the
Agreement, City shall pay Grantor the additional sum of $3,000 as consideration in full for
the purposes of allowing City and its agents the rights to install the temporary facilities
described in Section 1 of this Amendment.
3. Except as specifically amended herein, the Temporary Construction Easement Agreement
between City and Grantor dated April 23, 2019 shall remain unchanged and in full effect.
APN: 012-282-37 City of San Rafael/ Trust/EIJA Agreement -- Td
6/19/2019 Page I of 2 Amendmrj
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In Witness Whereof, City and Grantor have executed this Amendment to
Temporary Construction Casement Agreement on the day and year first above written.
GRANTOR:
AS AMENDED AND RESTATED ON
MAY 13.2013
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GRANTOR'S MAILING ADDRESS:
CITY OF SAN RAFAEL
Date: l
By: h- Date: 7 h( ' If
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CI N Hager
ATTEST:
By: %3 NvwL for LL
Lindsay Lara
City Clerk
APPROVED AS TO FORM:
Date: D C
By: 02FE Date: Z-3 2,01,9
Robert F. Epstein
City Attorney
CITY'S MAILING ADDRESS:
City of San Rafael
Department of Public Works
1 I I Morphew Street
San Rafael, CA 94901
APN: 012-282-37 City of San Rafael/ "Inist/HJA Agreement — TC
6/19/2019 Page 2 of 2 Amendment
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CONTRACT ROUTING FORM
INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below.
TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER:
Contracting Department: Public Works
Project Manager: Hunter Young Extension: 3408
Contractor Name: Temporary Construction Easement
Contractor's Contact: N/A Contact's Email: N/A
❑ FPPC: Check if Contractor/Consultant must file Form 700
Step T RESPONSIBLE T DESCRIPTION
COMPLETED
REVIEWER
DEPARTMENT +
DATE
Check/Initial
Click here to
❑
1 Project Manager a. Email PINS Introductory Notice to Contractor
enter a date.
b. Email contract (in Word) and attachments to City
Attorney c/o Laraine.Gittens@cityofsanrafael.org
6/5/2019
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2 City Attorney
a. Review, revise, and comment on draft agreement
Click -.,-1,. to
®LG
and return to Project Manager
enter a date.
b. Confirm insurance requirements, create Job on
❑ LG
PINS, send PINS insurance notice to contractor
Click here to
enter a date.
Click or tap
❑ BG
3 Department Director
Approval of final agreement form to send to
contractor
to enter a
date.
❑ HY
4 Project Manager
Forward three (3) originals of final agreement to
contractor for their signature
5
Project Manager
When necessary, contractor -signed agreement ❑ N/A
agendized for City Council approval *
*City Council approval required for Professional Services ® HY
Agreements and purchases of goods and services that exceed Or
$75,000; and for Public Works Contracts that exceed $175,000
7/15/2019
Date of City Council approval
CONTINUE ROUTING PROCESS WITH HARD COPY
PRINT
6 Project Manager
Forward signed original agreements to City
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Attorney with printed copy of this routing form
+ _
7 City Attorney
Review and approve hard copy of signed
agreement
N/A
®LG
8 City Attorney
Review and approve insurance in PINS, and bonds
(for Public Works Contracts)
9
City Manager/ Mayor
Agreement executed by City Council authorized
official
10
City Clerk
Attest signatures, retains original agreement and
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forwards copies to Project Manager