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PW 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 C, �1 < i 2 ,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 d'rl /' 1, L