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PW Southern Heights Bridge Temporary Construction Easements; AmendmentPARCEL 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 /A 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 lzllorzl� GRANTOR'S MAILING ADDRESS: CITY OF SAN RAFAEL Date: l By: h- Date: 7 h( ' If 'm S utz 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 P,tk RAF,gF y z <1111 yo oliT rpor y y WITH p' � 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 ® HY 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 ® HY 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 �1 forwards copies to Project Manager