HomeMy WebLinkAboutPD License Agreement for MGP XI Northgate; Amendment 4AMENDMENT NO.4 TO LICENSE AGREEMENT
This AMENDMENT NO. 4 TO LICENSE AGREEMENT ("Amendment") is entered into to be effective as
WVa yip. AA (the "Effective Date'), by and between MGP XI NORTHGATE, LLC, a Delaware limited
liability company ("MGP"), and CITY OF SAN RAFAEL, a California charter city ("Licensee").
A. MGP and Licensee entered into that certain License Agreement dated June 7, 2018 (the
"Original License"), as amended with respect to certain premises commonly known as 5800 Northgate
Drive, Suite 232 (MGP Unit #731-232) (the "Premises") in the shopping center commonly known as
Northgate Mall (the "Shopping Center") located in San Rafael, CA. The Original License and any prior
amendments are hereinafter sometimes collectively referred to as the "Existing License". The Existing
License and this Amendment are hereinafter sometimes collectively referred to as the "License'.
B. All capitalized terms used in this Amendment but not defined herein shall have the meanings set
forth in the Existing License.
C. The current Term of the Existing License will expire by its terms on May 31, 2022.
D. MGP and Licensee now desire to amend the Existing License, subject to the terms and conditions
set forth herein, to (i) extend the Term and (ii) make certain other modifications to the Existing License, all
as more particularly set forth below.
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants contained herein,
and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
MGP and Licensee agree as follows: MGP and Licensee agree as follows:
EXTENSION TERM:
Commencement: June 1, 2022
Termination Date: October 31, 2023
The Extension Term shall be on the same terms and conditions as set forth
in the Existing License, except as they may be modified or amended as set
forth in this Amendment
This License Agreement is subject to termination by Either Party upon
thirty (30) days' written notice
BASE LICENSE FEE:
Good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged.
ADDITIONAL LICENSE
Common Area Maintenance:
$ N/A
per month
FEE:
Utilities
$ N/A
per month
HVAC:
$ N/A
per month
Trash Removal Fee:
$ N/A
per month
Other Fees:
$ N/A
per month
PERCENTAGE LICENSE
None.
FEE:
SECURITY DEPOSIT:
None.
1. Effect of Amendment. Except as provided herein, all terms, covenants and conditions of the
License remain unmodified and in full force and effect throughout the term of the License. The License,
as amended hereby, constitutes the entire agreement of the parties and no further modification of the
License shall be binding and effective unless evidenced by an agreement, in writing, signed by both MGP
and Licensee.
Amendment to License Northgate Mall MGP
San Rafael PD Unit #731-232
IN WITNESS WHEREOF, MGP and Licensee have executed this Amendment on the respective
dates written below, but the Effective Date of this Amendment shall be as of the date first set forth above.
MGP:
MGP XI NORTHGATE, LLC,
a Delaware limited liability company
By: Merlone Geier XI, LLC,
a California limited liability company,
its Manager
By:
Name: STEPHANIE .}. TURNER_
Its: VICE PRESIDENT
Date: - 3 1--2-2-
Amendment
Z2 -
Amendment to License
San Rafael PD
LICENSEE:
CITY OF SAN RAFAEL, a California
charter city
By:Name:
arilschut
Its: Citynager
Date: f - - 2-L
Northgate Mall MGP
Unit #731-232
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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: Police Dept.
Project Manager: Capt. Roy Leon Extension: 3392
Contractor Name: Merlone Geier XI, LLC
Contractor's Contact: Kerry Barnes Contact's Email: kbarnes@merlonegeier.com
❑ FPPC: Check if Contractor/Consultant must file Form 700
Step
RESPONSIBLE
DESCRIPTION
COMPLETED
REVIEWER
DEPARTMENT
I
DATE
Check/Initial
1
Project Manager
F a. Email PINS Introductory Notice to Contractor
n/a
b. Email contract (in Word) and attachments to City
5/17/2022
Attorney c/o Laraine.Gittens@cityofsanrafael.org
Click here to
X❑
2 City Attorney a. Review, revise, and comment on draft agreement
and return to Project Manager
enter a date.
❑
b. Confirm insurance requirements, create Job on
PINS, send PINS insurance notice to contractor
❑
3
Department Director
Approval of final agreement form to send to
❑
contractor
4
Project Manager
Forward three (3) originals of final agreement to
❑
contractor for their signature
0 N/A
5 Project Manager When necessary, Contractor -signed agreement
agendized for City Council approval *
*City Council approval required for Professional Services
❑
Agreements and purchases of goods and services that exceed
Or
$75,000; and for Public Works Contracts that exceed $175,000
Click here to
Date of City Council approval
enter a date.
PRINT
CONTINUE ROUTING PROCESS WITH HARD COPY
6
Project Manager
Forward signed original agreements to City
6/7/21
RL
Attorney with printed copy of this routing form
7
City Attorney
Review and approve hard copy of signed
City Attorney
agreement
Review and approve insurance in PINS, and bonds
8
(/d
/(J
(for Public Works Contracts)
9
City Manager/ Mayor
Agreement executed by City Council authorized
official
10 —'
City Clerk
Attest signatures, retains original agreement and
forwards copies to Project Manager
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