HomeMy WebLinkAboutPW 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
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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
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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
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4/23/2020
❑ N/A
Or
REVIEWER
Check/Initial
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