HomeMy WebLinkAboutCC Resolution 11577 (999 Third St. License Agr.; PG&E)RESOLUTION NO. 11577
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING THE EXECUTION OF A LICENSE AGREEMENT
BETWEEN THE CITY OF SAN RAFAEL AND PACIFIC GAS AND
ELECTRIC FOR USE OF THE PARKING AREA LOCATED AT 999
THIRD STREET IN AN AMOUNT NOT TO EXCEED $30,000
(TERM OF AGREEMENT SHALL BE TWELVE MONTHS)
WHEREAS, the City of San Rafael Management Services Department, Parking Services
Division is currently licensed to use this parking area; and
WHEREAS, Pacific Gas and Electric wishes to continue to license the space available at
their property located at 999 Third Street;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
HEREBY RESOLVES AS FOLLOWS:
The CITY MANAGER is hereby authorized to execute, on behalf of the City of San
Rafael, a license agreement between the City of San Rafael and Pacific Gas and Electric for the
parking area located at 999 Third Street in San Rafael, CA. The form of the License Agreement
shall be subject to the review and approval of the City Attorney.
I, JEANNE M. LEONCINI, 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
City Council of said City held on the 215` day of June, 2004, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JE M. LEONCINI, City Clerk
ORIGINAL \\o'A
FIRST AMENDMENT TO
LICENSE AGREEMENT
THIS FIRST AMENDMENT TO LICENSE AGREEMENT ("Amendment"), dated
it] F 91 , 2004, for reference purposes only, is made by and between PACIFIC GAS
AND ELECTRIC COMPANY, a California corporation ("PG&E"), and the CITY OF SAN
RAFAEL, a municipal corporation, ("Licensee"). PG&E and Licensee are sometimes referred
to herein individually as a "Party" and collectively as the "Parties".
RECITALS
A. The Parties entered into a License Agreement (the "License Agreement"), dated
July 7, 2003, which granted permission for Licensee to occupy, use and maintain a portion of the
real property at 999 Third Street, San Rafael, California, (the "License Area" as set forth in the
License Agreement) owned by PG&E. The term of the License Agreement expires July 18,
2004.
B. Licensee desires to continue its use of the License Area until July 1, 2005.
C. Licensee has requested that PG&E extend the License Agreement to allow
Licensee to continue the use as described in the License Agreement.
D. PG&E is willing to extend the License Agreement on the terms and conditions set
forth in this Amendment, and Licensee is willing to agree to such terms and conditions.
E. The Parties now desire to amend the License as set forth herein.
AGREEMENT
NOW, THEREFORE, the Parties agree as follows:
1. Amendments to License Agreement. The License is hereby amended as follows:
1.1 TERM. Section 4 (a) of the License is hereby deleted and replaced in its
entirety with the following:
This License Agreement shall be for a term of eleven (11) months, fourteen (14) days,
commencing on July 18, 2004, and running to July 1, 2005, subject to termination as provided
hereafter.
1.2 FEES. Section 2 of the License Agreement is hereby deleted and replaced
in its entirety with the following:
Licensee shall pay to PG&E the initial license fee of Three Thousand Five Hundred Dollars
($3,500.00) due and payable on July 18, 2004, and shall Day to PG&E commencing on
September 1, 2004, the monthly license fee of Two Thousand Five Hundred Dollars
02898.254.0001.b
($2,500.00) due and payable on the first day of each month for the remaining term of this
License Agreement.
1.3 Ratification. Except as expressly amended, modified or supplemented by
this Amendment, all provisions of the License remain unchanged.
1.4 Workplan. Paragraph 3 of the License Agreement is hereby deleted.
1.5 Covenants. Paragraph 6 (b) of the License Agreement is hereby deleted
and replaced in its entirety with the following:
Licensee covenants and agrees to maintain during the term of this License Agreement, temporary
fencing within the Property at the location shown on the Work Plan approved by PG&E on July
18, 2003.
IN WITNESS WHEREOF, the Parties have executed this Amendment as set forth
below.
"PG&E" PACIFIC GAS AND ELECTRIC COMPANY,
a California corporation
Dated: g / 1 3 , 2004
Steviree Coleman
Dctor, Corporate Real Estate
"LICENSEE" CITY OF SAN RAFAEL,
a municipal corporation,
Dated: June 21 , 2004
ROD GOULD, City Manager
ATTEST:
A
JE M. LEONCINI, City Clerk
APPROVED AS TO FORM:
GARY T. RAGGHIANTI, City Attorney
02898.254.0001.b 2