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PW Communications Site License Agreement; First AmendmentEXHIBIT 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 City anag r \J Date: k� -2.-q — lo Zo LICENSEE: MARIN EMERGENCY RADIO AUTHORITY Executive Officer Date: APPROVED AS TO FORM: L-4 n kvdL, �Z1=� City Attorney ATTEST: City Clerk APPROVED AS TO FORM: /I ,,� z MIA Counsel XA RAFq� S 2 D Y U✓ITH E' 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: Bill Guerin Extension: 3110 Contractor Name: Marin Emergency Radio Authority Contractor's Contact: Contact's Email: ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DEPARTMENT 1 Project Manager 2City Attorney 3 Department Director 4 5 DESCRIPTION a. Email PINS Introductory Notice to Contractor b. Email contract (in Word) and attachments to City Attorney c/o Laraine.Gittens@cityofsanrafael.org a. Review, revise, and comment on draft agreement and return to Project Manager b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor Approval of final agreement form to send to contractor Project Manager Forward three (3) originals of final agreement to contractor for their signature Project Manager When necessary, contractor -sinned agreement agendized for City Council approval *City Council approval required for Professional Services Agreements and purchases of goods and services that exceed $75,000; and for Public Works Contracts that exceed $175,000 Date of City Council approval PRINT CONTINUE ROUTING PROCESS WITH HARD COPY Project Manager Forward signed original agreements to City City Attorney Attorney with printed copy of this routing form Review and approve hard copy of signed City Attorney agreement Review and approve insurance in PINS, and bonds (for Public_Works Contracts) City Manager /Mayor Agreement executed by City Council authorized ___. official — City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager COMPLETED DATE ('licl, 'ntcr'] da"c' 4/23/2020 ❑ N/A Or REVIEWER Check/Initial 11 n C 'm�