HomeMy WebLinkAboutReso 3319-1961RESOLUTION NO. 3319
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH
SAN FRANCISCO DECLARING AND ESTABLISHING A RIGHT-OF-WAY
FOR STREET AND HIGHWAY PURPOSES AND ORDERING IMPROVE-
MENT THEREOF - ACCESS ROAD TO PROJECT AREA, SOUTH SAN
FRANCISCO MARINA
BE IT RESOLVED by the City Council of the City of South San Francisco that
1. a ri~ht-of-way for street and highway purposes is hereby declared and
established over the property described as follows:
A 50.00 foot easement for a road to the South San Francisco Marina; the center llne
of which is described as follows:
From the most westerly point of Parcel "A" as described in that Deed dated January
27th, 1948, conveyin~ title from the South San Francisco Land and Improvement Com-
pany to the City of South San Francisco and recorded February 19th 1948, in Volume
1462, Official Records of San Mateo County at Pa~e 2: thence North 55° 58' 26"
East 197.35 feet; thence North 40° 58' 30" East ~68.65 feet; thence North 34° 50'
East 93.02 feet; thence North 46° 04' East 109.84 feet, to the POINT OF BEGINNING:
FROM SAID POINT OF BEGINNING thence on the arc of a curve to the right with a
radius of 180.00 feet (a radial line to the point of beginnin~ of said curve bears
North 43° 56' West) through a central an~le of 86° 41' and an arc distance of
272.32 feet; thence South 47° 15' East 377.00 feet; thence alone the arc of a curve
to the left with a radius of 3~1.2 feet(a radial line to the point of be~innin~
of said curve bears South ~2° 45' West) through a central an~le of 13° 30' more
or less and an arc distance of 80' feet more or less to the Division of Small Craft
Harbors Project Boundary.
Excluded from this easement are lands already Eranted as a roadway easement in that
above mentioned deed.
2. said ri~ht-of-way be improved in accordance with standard city speci-
fications for streets.
3. a plat entitled, "Roadway Easement", dated the 3rd day of November,
1961, prepared by John A. Blume", be attached hereto as Exhibit "A".
I hereby certify that the fore~oin~ resolution was
regularly introduced and adopted by the City Council of the
City of South San Francisco at a regular meetin~ held on the
6th day of November, 1961, by the followin~ vote:
Ayes, Councilmen
Noes,
~ 11
Aosent,
G. J. Rozzi, Patrick E. Ahem, Emilio Cortesi,
Andrew Rocca, and Leo J. Ryan.
None.
None.
ATTEST:
ARTHUR A. RODONDI
City Clerk
AGREEMENT
THIS AGREEMENT, made and entered into this day of 19 by and
between the State of California, acting by and through the Division of Small Cra-~'Harbors,
Department of Parks and Recreation, hereinafter called "STATE", and the City of South San
F~ancisco, a municipal corporation, hereinafter called "APPLICANT";
WITNESSETH
WHEREAS, APPLICANT has filed with the STATE its application for a construction loan in
the amount of Five Hundred and Seventy-Five Thousand Dollars ($575,000) for a ?~proJect
pursuant to Section 5801 et seq. of the Public Resources Code; and
WHEREAS, STATE has determined that said project is feasible, and
WHEREAS, by Senate Concurrent Resolution No. 3, adopted on March 15, 1960, the Legislature
of the State of California has approved said loan; and
WHEREAS, APPLICANT represents that there has not been received by it a written Protest
to such loan signed by owners of one-half or more of the assessed valuation of taxable property
within the exterior limits of APPLICANT;
NOW, THEREFORE, it is mutually agreed by and between the parties as follows:
1. In consideration of the faithful performance by APPLICANT of all the teens, covenants
and conditions hereof, the STATE will loan APPLICANT the sum of Five Hundred and Seventy-Five
Thousand Dollars ($575,000) on an installment basis. The first installment, in the amount of
One Hundred Thousand Dollars ($100,000), will be paid upon approval thereof by the Division of
Small Craft Harbors and when the STATE is satisfied with regard to the matters set forth iu
Paragraph 2 hereof. Subsequent installments will be paid pursuant to request by the APPLICANT,
provided that such request is received not less than thirty (30) days prior to the date of
need therefor and provided further, that the payment of any such installment shall be subject
to the approval of STATE. Installment payments shall not be made more often than once every
thirty (30) days and no such installment payment shall be made after the date of completion
of the project, as herein set forth or January 1, 1964, whichever is earlier.
2. Prior to the award of the contract for construction of the project the APPLICANT
shall forward to STATE the bids therefor and no award of the contract shall be made unless and
until the consent of the STATE has been given thereto. In the event the successful bid exceeds
Five Hundred and Seventy-Five Thousand Dollars ($575,000) and the amount of the successful bid;
that such funds are encumbered for the purposes of this agreement and may not be expended for
any other purpose.
3- APPLICANT shall deposit the proceeds of said loan in a separate fund or account in
APPLICANT's treasury, which fund or account shall reflect only the receipt of said loan and
expenditures pursuant to this agreement. APPLICANT at all times shall maintain accurate and
complete records with regard to said fund or account.
~. The unpaid balance of said loan, including principal and any accrued delinquent interest,
shall bear interest at 3.7 per cent per annum.
5- Said loan shall be paid in the following manner:
Interest accruing upon said loan as of July 1, of each year through January 1, 1964, shall
be added to the principal of said loan and thereupon shall be considered a part thereof.
From January 1, 196~, through July 1, 1966, accrued interest shall be due and payable
annually commencing on July 1, 1964, and upon July 1, of each year thereafter through July 1,
1966.
The unpaid amount of said loan shall be payable in fifteen (15) equal annual installments,
including interest, and the first such installment shall be due on July 1, 1967, and subsequent
installments upon July 1st of each year thereafter until said loan shall have been paid in full.
Notwithstanding the foregoing, any unpaid balance of principal or interest shall be paid
upon the twentieth (20th) anniversary date of the issuance of the initial warrant.
6. The obligations of payment of principal and interest to the STATE hereunder shall be
payable solely from the gross revenues received by APPLICANT from the operation of any facilities
located or erected within the project area, as said area is delineated on Sheet No. 1, Site Plan,
South San Francisco Marina, dated July 30, 1961 prepared by John A. Blume and Associates,
Engineers, and on file with the Division of Small Craft Harbors, and from any concessions granted
by APPLICANT in connection with said project area.
7. In the event there is any default in the payment of either principal or interest of
said loan or any breach by APPLICANT of any of the other terms, covenants, or conditions hereof,
the whole of said loan thereupon and with or without notice, at the option of STATE, shall become
due and payable.
8. APPLICANT, at its option, may at any time make advance payment of all, or any portion,
of the principal of the loan then remaining unpaid provided that the payment shall be credited
against the principal upon the July 1, next following the payment.
9. On or before January 1, 1964, APPLICANT shall construct the facilities set forth in
those certain plans and specifications approved by the STATE on the day of
entitled
Construction shall be under the supervision and control of a Civil Engineer registered in the
State of California as such, clothed with the authority by the APPLICANT to act as its agent iu
connection with problems arising from the construction of the project. APPLICANT shall not
318 b
AGREEMENT (Continued):
appoint any inspectors for the project until the qualifications thereof have been approved by
the STATE. A copy of each invitation f6r bids, construction contract, engineering coutract~
inspection report, progress report or other control document prepared during construction shall
be forthwith submitted to the STATE.
10. APPLICANT warrants and covenants that it is the owner of the fee title to the
real property upon which the facilities set forth in paragraph 8 hereof are to be erected or
constructed; that title thereto has been examined by, and been found acceptable to, its legal
counsel. Said counsel is unaware of any title defect or encumbrance which would preclude or
interfere with the operation of the project as herein contemplated.
ll. In the event that the money as provided by STATE pursuant to Paragraph 1
hereof is insufficient to cover the cost of construction as provided above, APPLICANT shall
itself provide such additional funds as may be required therefor.
12. Any money loaned pursuant to this agreement shall remain the property of
STATE until expended by APPLICANT in accordance with paragraph 8 hereof.
13. APPLICANT shall comply with all rules and regulations which have been adopted
by the Small Craft Harbors Commission to the date hereof; provided, however, APPLICANT shall
not be deemed in default thereof until it shall have received written notice of a failure of
compliance and shall have failed within ninety (90) days thereafter to remedy the matter.
14. APPLICANT shall not sell, transfer, exchange, mortgage, or hypothecate in
any manner all or any portion of the real property, or improvements now existent or hereafter
constructed by APPLICANT thereupon and utilized in connection with the said harbor without
prior permission of STATE being first had and obtained.
15. All of the facilities of said small craft harbor shall be open and available
for use by all upon equal and reasonable terms.
16. APPLICANT agrees to protect and save harmless the STATE, its officers, agents,
and employees from any and all claims, demands, suits, actions and liabilities which may arise
out of, or in connection with, the operation of the said project by APPLICANT.
17. The gross revenues received by APPLICANT from the operation of said project
shall constitute security for the obligation of pa~neut hereunder. Prior to making any
other expenditures from such gross revenues, APPLICANT first shall pay the installments of
principal and interest then due under this agreement.
18. APPLICANT shall:
the STATE.
(a) Punctually pay all installments of principal and interest on money owed
(b) Continuously operate in an efficient and economical manner all small
craft harbor facilities acquired, constructed, improved or completed in full or in part as a
result of this loan.
(c) Make all repairs, renewals and replacements necessary to the efficient
operation of said facilities and keep them in good repair at all times.
(d) At all times during the term of this agreement, maintain in full force
and effect, with respect to this agreement, a policy oP policies of Public Liability and '~
Property Damage insurance with minimum limits of $100,000/$300,000 Public Liability, and
$100,000/$500,000 Property Damage, insuring STATE and the City of South San Francisco, and
their boards, commissions, officers, agents and employees, as additional insured; and a
CalifOrnia standard form of fire insurance policy or Rolicies containing extended coverage
endorsement in an amount equal to ninety per cent (90%) of the full insurable value of all
insurable components of the project. Loss under said fire insurance policy or policies
shall be payable to the State of California for deposit in an appropriate ST~TE trust fund,
to be applied to the obligations due hereunder, or if STATE deems desirable, to be paid to
APPLICANT, upon application, for the reconstruction of the destroyed facilities.
Said policies shall contain endorsements providing that the insurance company
will not cancel such policies without thirty (30) days' prior written notice to the STATE
and that the STATE is not liable for the payment of any premiums or assessments on said
policies. Said policies shall be in a form satisfactory to STATE and APPLICANT shall, upon
receipt, forthwith submit to STATE certificates or counterparts thereof. Certificates or
counterparts of any new or renewal policies effective during the term of this agreement
shall be submitted to STATE at least twenty (20) days prior to their effective date or dates.
(e) Periodically fix, prescribe and collect fees, rentals or other charges
for services and use of said facilities sufficient to produce gross revenues adequate for
the following in the order set forth:
(1) The payment of all installments of principal and interest on money
owed the STATE as they come due.
(2)
of the said facilities.
The payment of all expenses of operation, maintenance and repair
(3) An amount which is equal to the sum taken into account for
depreciation.
(f) Take into account depreciation on those components of said facilities
subject to depreciation in accordance with the schedule set forth in South San Francisco
Small Craft Harbor, Feasibility Report Review and Addendums, dated October l, 1960, on file
with the Division of Small Craft Harbors. APPLICANT shall at all times maintain liquid assets
in value at least equal to the ao~regate balance of the depreciation so taken.
318c
AGREEMENT (Continued):
19. The receipts from the operation of the facilities shall be expended only for the
following purposes:
(a) Payment of the obligations hereof.
(b) Payment of all expenses of operation~ maintenance, and repair of said
facilities, and the replacement of depreciated components.
(c) Investment and reinvestment in reasonably liquid assets.
It is expressly understood, however, that the STA?E reserves the right to
authorize expenditures other than or in addition to those set out hereinabove, upon receiving
a request therefore by APPLICANT.
20. The project shall be operated by APPLICANT through its own employees, subject
to the provisions of paragraph 20 hereof.
21. APPLICANT may make concession agreements; provided, however, that the same are
made pursuant to the provisions of Section 5829.2 of the Public Resources Code.
22. If APPLICANT fails to make any payment as p~ovided by this agreement, or if the
APPLICANT fails to efficiently operate the project, and the Chief, Division of Small Crsft
Harbors, Department of Natural Resources, deteNnines that the operation or maintenance of said
facilities is such as to preclude a reasonable income being received from its operation, the
Chief shall report his findings to the Small Craft Harbors Cormnissiou and the Commission, at
its option, may direct the Chief to take possession of said facilities and operate the same for
the account of APPLICANT, until such time as the monies loaned together ~th interest thereon
are repaid in full. The net revenues received from such operation shall be applied to the
reduction of the obligations of APPLICANT hereunder by applying same first to any accrued
interest, then to principal. Any deficiency shall be added to and become part of the principal
of said obligation and shall bear interest at 3.7 per cent per annum.
APPLICANT does hereby consent to said Chief taking possession of said facilities
pursuant to the provisions of this paragraph and for such purpose grant to STATE the right of
ingress and egress over any and all property, owned or controlled by APPLICANT, that is
reasonably necessary for such purpose.
This paragraph shall not be construed as relieving APPLICANT from its obligations
of payment as set forth herein, save and except to the extent such obligations may be reduced
pursuant to this paragraph.
23. All books, papers, records and accounts of APPLICANT referable to said loan or
the operation of said project shall be available for the inspection of STATE, at any and all
reasonable times.
24. STATE shall have the right to inspect the facilities during the course, and
after completion of the construction thereof at any and all reasonable times.
25. In the event that it is necessary for STATE to file suit for the enforcement
of any of the provisions hereof or to effect the collection of any sum or sums falling due
hereunder, APPLICANT agrees to pay STATE reasonable attorney's fees, which fees may be included
by STATE in any cost bill filed by it iu such actlou.
26. Payments made by APPLICANT hereunder shall be made payable to the order of the
Department of Parks & Recreation and shall be payable at the office of the Division of
Administrative Services of said Department, Sacramento 14, California.
27. In the event that any money loaned hereunder remains after paying the costs of
construction as herein provided, APPLICANT shall immediately remit such balance to STATE to be
applied to the reduction of the principal of the loan.
28. In the event either party desires, or is required to send notice to the other,
such notice shall be deemed to have been given when mailed to the address set out below with
the postage fully prepaid thereupon.
TO STATE:
Division of Small Craft Harbors
Department of Parks & Recreation
Sacramento 14, California
TO APPLICANT:
City of South San Francisco
South gan Francisco
California
29. The City shall bring project area to approved grade within the time required
to coordinate the completion of said grade with the schedule for the improvement of the project
area and City may use sanitar~y land fill now being deposited in said area for this purpose.
30. The Several documents, number one through twenty, same being resolutions,
applications, various certificates and exhibits, filed pursuant to the Small Craft Harbor
Commission's regulations, are hereby referred to and by this reference made a part of this
agreement.
31. In the event APPLICANT has failed to make any complete payment due hereunder
and STATE fails to exercise its option to take possession of said facilities pursuant to
paragraph 20 hereof, then and that event any payments made by APPLICANT thereafter shall be
applied first to any accrued unpaid interest and the remainder, if any, to reduce the principal.
318d
AGREEMENT (Continued):
32. This agreement may be modified or amended by mutual consent, provided
that it be reduced to a writing executed by the parties hereto.
IN WITNESS WHEREOF, the parties have executed this instrtnnent upon the date
first hereinabOve appearing.
CITY OF SOUTH SAN FRANCISCO
STATE OF CALIFORNIA
DIVISION OF SMALL CRAFT ~MARBORS
By By
By
Approve d:
DEPARTMENT OF PARKS AND RECREATION
By
This certificate follows Resolution No. 3325
CERTIFICATE OF CITY ATTORNEY
I, JOHN NOONAN, City Attorney for the City of South San Francisco,
applicant for the construction loan, herein certify that I have examined~the
Litigation Report No. 316996, attached to Document No. 4, and the channel
easement, slope easements and spoil area easements, Exhibit 3a, 3b, 3c, 3d,
3e to Document No. 4 and further certify that same are acceptable to me and
I am unaware of any title defects or encumbrances which would preclude or
interfere with the operation of the project as contemplated.
Dated: November 13, 1961
JOHN NOONAN