The URL can be used to link to this page

Home My WebLink AboutCC Resolution 11754 (PG&E License Agr. for 999 Third St.)RESOLUTION NO. 11754 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE EXECUTION OF A SECOND AMENDMENT TO 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 A FORM TO BE APPROVED BY THE CITY ATTORNEY, AND IN AN AMOUNT NOT TO EXCEED $31,000. (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's 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 a First Amendment to License Agreement, dated June 21, 2004, 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 No. 11577; and WHEREAS, the City of San Rafael and Pacific Gas and Electric desire to enter into a Second Amendment to License Agreement, extending the term of the License Agreement for an additional 12 month period on the same terms except for an increased monthly license fee of $2,550. 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, the Second 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 2nd day of May, 2005, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Miller, Phillips and Mayor Boro NOES: COUNCILINIEMBERS: None ABSENT: COUNCILMEMBERS: Heller JE�N�NE� M �LEONCII�TI, City Clerk SECOND AMENDMENT TO LICENSE AGREEMENT THIS SECOND AMENDMENT TO LICENSE AGREEMENT ("Amendment"), dated June 1, 2005, 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 "EgEff'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. B. Licensee desires to continue its use of the License Area until July 1, 2006. 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 July 1. 2005. and running to July 1, 2006, subiect to termination as provided hereafter. 02898.254.0001.b j� 1.2 FEES. Section 2 of the License Agreement is hereby deleted and replaced in its entirety with the following: Licensee shall nav to PG&E the monthlv license fee of Two Thousand Five Hundred and Fiftv Dollars ($2.550.00) due and savable 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. IN WITNESS WHEREOF, the Parties have executed this Amendment as set forth below. "PG&E" PACIFIC GAS AND ELECTRIC COMPANY, a California co.. or tion Dated: �U `� , 2005 By William A. Utic Manager, Corporate Real Estate "LICENSEE" CITY OF SAN RAFAEL, a municipal corporation, �i 00 � B Dated: ( , 2 y 9 Dated: , 1Y , 2005 V Its Attest: Rod Gould City Manager JeWine M. Leoncini, City Clerk APPROVED AS TO FORM: Gary T. Ragghianti, City Attorney 02898.254.0001.b 2