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HomeMy WebLinkAboutCC Resolution 11982 (999 Third St.; PG&E License Agr.)RESOLUTION NO. 11982 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE NEGOTIATION AND EXECUTION OF A THIRD AMENDMENT TO LICENSE AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND PACIFIC GAS AND ELECTRIC COMPANY FOR USE OF THE PARKING AREA LOCATED AT 999 THIRD STREET AND IN AN AMOUNT NOT TO EXCEED $35,000. (for an Additional 12 -month period) WHEREAS, the City of San Rafael and Pacific Gas and Electric entered into a License Agreement, dated July 7, 2003, for the City's Parking Management Service Division to use the parking area located on Pacific Gas and Electric Company property located at 999 Third Street for a 12 month period with a monthly license fee of $2,500, which License Agreement was approved by the City Council by Resolution No. 11295; and WHEREAS, the City of San Rafael and Pacific Gas and Electric entered into subsequent Amendments to License Agreement, dated June 21, 2004 and June 65 2006, extending the term of the License Agreement for an additional 12 month period on the same terms, which was approved by the City Council by Resolution numbers 11577 & 11754, and; WHEREAS, the City of San Rafael and Pacific Gas and Electric desire to enter into a Third Amendment to License Agreement, extending the term of the License Agreement for an additional 12 month period on similar terms. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HEREBY RESOLVES AS FOLLOWS: The INTERIM CITY MANAGER is hereby authorized to negotiate and execute, on behalf of the City of San Rafael, the Third Amendment to 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, in a form to be approved by 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 19th day of June, 2006, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller and Mayor Boro NOES: COUNCILMEMBERS: None ABSEND: COUNCILMEMBERS: Phillips JEXN M. LEONCINI, City Clerk THIRD AMENDMENT TO LICENSE AGREEMENT THIS THIRD AMENDMENT TO LICENSE AGREEMENT ("Amendment"), dated June 2, 2006, 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 "Par '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 expired July 18, 2004, and was extended to July 1, 2005, by the First Amendment to License Agreement dated June 21, 2004, and was subsequently extended to July 1, 2006 by the Second Amendment to License Agreement dated June 1, 2005. B. Licensee desires to continue its use of the License Area until July 1, 2007. 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 twelve (12) months. commencing on Julv 1. 2006. and running to Julv 1. 2007. subiect to termination as provided hereafter. 02898.254.0001.b 1.2 FEES. Section 2 of the License Agreement is hereby deleted and replaced in its entirety with the following: Licensee shall Dav to PG&E the monthlv license fee of Two Thousand Six Hundred and Thirtv-one Dollars ($2,631.00) due and Davable on the first day of each month for the remaining term of this License Agreement. 1.3 NOTICES. Section 12 of the License Agreement is hereby deleted and replaced in its entirety with the following: Any notices or communications hereunder shall be in writing, and shall be personally delivered, or sent by first class mail, certified or registered, postage prepaid, or by national overnight courier, with charges prepaid for next business day delivery, addressed to the addressee party at the address or addresses listed below, or to such other address or addresses as such party may from time to time designate in writing. Notices shall be deemed received upon actual receipt of the notice by the party being sent the notice, or on the following business day if sent by overnight courier, or on the expiration of three (3) business days after the date of mailing. If to PG&E: PG&E Corporate Real Estate 111 Stony Circle Santa Rosa, CA 95401-9599 Attention: Brenda San Julian, Land Agent With a copy to: Wendy Coleman, Esq. PG&E P.O. Box 7442, Mail Code B30A San Francisco, CA 94120 If to Licensee: City of San Rafael Post Office Box 151560 San Rafael, CA 94915-1560 FAX 415-458-5334 Attention: Mark Miller, Parking Manager 1.4 GOVERNING LAW, VENUE. Section 22 of the License Agreement is hereby deleted in its entirety and replaced with the following: This License Agreement shall in all respects be interpreted, enforced, and governed by and under the laws of the State of California. PG&E and Licensee agree that the venue of any action, proceeding, or counterclaim shall be in the County of San Francisco, California. The covenants of the parties contained in this section shall survive the expiration or termination of this License Agreement. 02898.254.0001.b 2 1.5 Ratification. Except as expressly amended, modified or supplemented by this Amendment, all provisions of the License remain unchanged. IN WITNESS WHEREOF, the Parties have executed this Amendment as set forth below. "PG&E" PACIFIC GAS AND ELECTRIC COMPANY, a California corporation Dated: 2g , 2006 ByKaren D. Cochran Manager, Corporate Real Estate "LICENSEE" CITY OF SAN RAFAEL, a municipal corporation, Dated: JULY 19 , 2006 By �-)'L KtN N'OniiOFF C� Dated: JULY 19 , 2006 Its CITY MANAGER Attest: JEAN E N ILb42. CINI, ity Clerk 02898.254.0001.b 3