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RESOLUTION NO. 14771
A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING AND AUTHORIZING
THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO THE COMMUNICATIONS
SITE LICENSE AGREEMENT WITH THE MARIN EMERGENCY RADIO AUTHORITY (MERA)
ALLOWING MERA TO UPDATE ITS RADIO COMMUNICATIONS SYSTEM
WHEREAS, the City of San Rafael is the owner of certain property known as Mountain
Park Reservation located on Dollar Hill (City Property); and
WHEREAS, on February 5, 2001, the City Council adopted Resolution No. 10764, which
authorized execution of a Communications Site License Agreement permitting the Marin
Emergency Radio Authority (MERA) to install its telecommunications facilities on the City
Property, consistent with the approved Environmental and Design Review Permit (ED00-53)
and Use Permit (UP00-43); and
WHEREAS, MERA desires to improve its communication infrastructure through the Next
Generation Radio Communication System project, including modifying the frequencies at which
radio signals operate;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
RESOLVES as follows:
1. The City Council hereby approves and authorizes the City Manager to execute a first
amendment to the Communications Site License Agreement with MERA allowing MERA
to update its radio communications system, in the form attached hereto as Exhibit 1 and
incorporated herein by reference, subject to final approval as to form by the City
Attorney.
2. The Director of Public Works is hereby authorized to take any and all such actions and
make changes as may be necessary to accomplish the purpose of this resolution.
I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing
resolution was duly and regularly introduced and adopted at a regular meeting of the Council of
said City on Monday, the 23rd day of March 2020, by the following vote, to wit:
Page 2 of 2
AYES:
NOES:
COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
________
LINDSAY LARA, City Clerk
EXHIBIT 1
FIRST AMENDMENT TO COMMUNICATIONS SITE LICENSE AGREEMENT
This irst Amendment to Communications Site License Agreement is entered into on thi day of
2020, by and between the City of San Rafael (the "City" or "Licensor") and the Marin
E ergency Radio Authority ("MERA" or "Licensee").
WHEREAS, the City and MERA entered into that certain Communications Site License Agreement
("Agreement") to provide, in part, space for a communications site located on City -owned property
described in Paragraph 1 of the Agreement; and
WHEREAS, the parties desire to amend the Agreement to authorize Licensee to update its radio
communication system as described below.
NOW, THEREFORE, the parties hereto agree, in consideration of the mutual covenants and
obligations, to the terms and conditions hereinafter set forth as follows:
1. The first sentence of Paragraph 2 of the Agreement shall be amended to read as follows:
"The City grants to MERA, subject to the rights and privileges of current tenants and other grantees,
the right and privilege to use the License Space for the sole purpose of constructing, maintaining,
securing and operating a public safety, fire protection and emergency radio system, including, the
transmission and reception of radio communication signals on various frequencies (between 769 MHz
and 775 MHz and in the 6 GHz spectrum for microwave transmissions), in conformance with the
approved site plans and related drawings on file with the City Community Development Department,
and subject to the terms and conditions of approval contained in Resolution No. 10763 approving
Environmental and Design Review Permit ED00-53 and Use Permit UP00-43 (collectively the
"MERA Communication Facilities")."
2. Paragraph 8 of the Agreement shall be amended to read as follows:
"All notices or demands are deemed to be given or made when delivered in person or delivered by
certified or registered mail, return receipt requested, postage prepaid United States mail, or by
facsimile, and addressed to the respective parties as follows:
CITY: City Manager
City of San Rafael
1400 Fifth Avenue
San Rafael, CA 94901
Fax: 415-459-2242
Phone: 415-485-3070
And with respect to insurance issues:
City Risk Manager
City of San Rafael
1400 Fifth Avenue
San Rafael, CA 94901
Fax: 415-499-5296
Phone: 415-485-3069
MERA: Marin Emergency Radio Authority
c/o Town of Corte Madera
300 Tamalpais Drive
Corte Madera, CA 94925
Attention: Executive Officer
The address to which any notice or demand may be given to either party may be changed by written
notice."
3. All other terms and conditions of the Agreement shall remain in effect.
IN WITNESS THEREOF, the parties have executed this Amendment as of the date first written
above.
LICENSOR:
CITY OF SAN RAFAEL
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LICENSEE:
MARIN EMERGENCY RADIO AUTHORITY
Executive Officer
Date:
APPROVED AS TO FORM:
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City Attorney
ATTEST:
City Clerk
APPROVED AS TO FORM:
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MIA Counsel