HomeMy WebLinkAboutPW Southern Heights Bridge Temporary Construction Easements 2019; Amendment 05-20-2021PARCEL NO: 013-132-01
PROJECT: Southern Heights Boulevard, Bridge Replacement
0WNER: Family Trust
AMENDINIENT TO TEMPORARY CONSTRUMION EASEMENT AGREEMENT
A
THIS AMENDMENT is made and entered this Zo day of May, 2021, into by and
between Trustee of the Family Trust, dated October 22,
2014 ("Grantor"), and the City of San Rafael, a California municipal corporation ("City").
WHEREAS, on April 23, 2019, Grantor and City entered into a "Temporary Construction
Easement Agreement" pursuant to which Grantor granted to City certain temporary constr uctiorr
rights on and over Grantor's real property located at San
Rafael, California (the "Easement Agreement"), in connection with construction of the City's
Southern Heights Boulevard Bridge Replacement project; and
WHEREAS, under the terms of the Easement Agreement, the City paid Grantor the sum
of $45,000 in consideration for the access rights granted to the City for a two-year term from
June 30, 2019 through June 30, 2021; and
WHEREAS, the Easement Agreement provided that the term could be extended on the
basis of compensation to Grantor at the fair market value of the temporary easement for the
extended term, and additional liquidated daruages at the rate of $400 per day for days in which
the Grantor experiences access limited to only the use of the dedicated walking path provided by
the City; and
WHEREAS, delays in the City's project have resulted in the need to extend the term of
the Easement Agreement; and
'"MREAS, Grantor and City have negotiated the terms for extension of the Easement
Agreement;
NOW, TBFREFORE, the parties agree to amend the Easement Agreement as follows:
1. Grantor agrees to extend the terns in Section 5 of the Easement Agreement through
December 31, 2021.
2. Upon execution of this Amendment, City will process and issue payment to Grantor
in the sum of $30,000.
3. Grantor agrees that she is accepting the payment of $30,000 in hull satisfaction of the
extension granted herein and waives any and all future claims to liquidated damages
under Section 5 of the Easement Agreement except to the extent Grantor experiences,
after the end of the extended term, access limited to only the use of the dedicated
walking path provided by the City.
4. Except as otherwise amended by this Amendment, the terms of the Easement
Agreement shall remain in full force and effect.
WHEREFORE, the patties have executed this Amendmeut as of the date first set forth
above.
CITY OF SAN RAFAEL
M4 SCHUT , Ci Manager
AT'T`EST:
41 O • / V
-
LINDSAY LARA, City Clerk
APPROVED AS TO FORM:
La a
ROBERT F. Ef'STEIN, City A rM
P� RAP
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,TY WITH Pct
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: Southern Heights Boulevard Bridge Replacement Project -Amendment to Temporary Construction
Easement Agreement -Julie L. Shemano, Trustee
Contractor's Contact: Julie L. Shemano, Trustee Contact's Email: n/a
❑ FPPC: Check if Contractor/Consultant must file Form 700
Step
RESPONSIBLE
DESCRIPTION
COMPLETED
REVIEWER
DEPARTMENT
Project Manager
a. Email PINS Introductory Notice to Contractor
DATE
Check/Initial
1
n/a
❑x
b. Email contract (in Word) and attachments to City
Attorney c/o Laraine.Gittens@cityofsanrafael.org
5/13/202
2
City Attorney
a. Review, revise, and comment on draft agreement
Click here to
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
❑
Project Manager
contractor
Forward three (3) originals of final agreement to
4
❑
Project Manager
contractor for their signature
5
When necessary, contractor -signed agreement
❑x N/A
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
Attorney with printed copy of this routing form
Review and approve hard copy of signed
7
City Attorney
City Attorney
agreement
Review and approve insurance in PINS, and bonds
`y
8
(for Public Works Contracts)
/
f
9
City Manager/ Mayor
Agreement executed by City Council authorized
official
10
City Clerk Attest signatures, retains original agreement and
U ��
forwards copies to Project Manager
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