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HomeMy WebLinkAbout2014-03-12 e-packetxxSAN AGENDA o� SUCCESSOR AGENCY p CITY OF SOUTH SAN FRANCISCO c'�LIFORI'r SPECIAL MEETING MUNICIPAL SERVICES BUILDING COMMUNITY ROOM WEDNESDAY, MARCH 12, 2014 6 :55 P.M. PEOPLE OF SOUTH SAN FRANCISCO You are invited to offer your suggestions. In order that you may know our method of conducting Agency business, we proceed as follows: The regular meeting of the Successor Agency is held on the fourth Wednesday of each month at 6:30 p.m. in the Municipal Services Building, Council Chambers, 33 Arroyo Drive, South San Francisco, California. Public Comment: For those wishing to address the Board on any Agenda or non- Agendized item, please complete a Speaker Card located at the entrance to the Council Chambers and submit it to the Clerk. Please be sure to indicate the Agenda Item # you wish to address or the topic of your public comment. California law prevents the Successor Agency from taking action on any item not on the Agenda (except in emergency circumstances). Your question or problem may be referred to staff for investigation and/or action where appropriate or the matter may be placed on a future Agenda for more comprehensive action or a report. When your name is called, please come to the podium, state your name and address for the Minutes. COMMENTS ARE LIMITED TO THREE (3) MINUTES PER SPEAKER. Thank you for your cooperation. The Clerk will read successively the items of business appearing on the Agenda. As she completes reading an item, it will be ready for Board action. KARYL MATSUMOTO Chair RICHARD A. GARBARINO Vice Chair PRADEEP GUPTA Boardmember FRANK RISSO Investment Officer STEVEN T. MATTAS Interim Executive Director MARK N. ADDIEGO Boardmember LIZA NORMANDY Boardmember KRISTA MARTINELLI Clerk JASON ROSENBERG Interim Counsel PLEASE SILENCE CELL PHONES AND PAGERS HEARING ASSISTANCE EQUIPMENT IS AVAILABLE FOR USE BY THE HEARING- IMPAIRED AT SUCCESSOR AGENCY MEETINGS In accordance with California Government Code Section 5495 7.5, any writing or document that is a public record, relates to an open session agenda item, and is distributed less than 72 hours prior to a regular meeting will be made available for public inspection in the City Clerk's Office located at City Hall. If, however, the document or writing is not distributed until the regular meeting to which it relates, then the document or writing will be made available to the public at the location of the meeting, as listed on this agenda. The address of City Hall is 400 Grand Avenue, South San Francisco, California 94080. CALL TO ORDER ROLL CALL AGENDA REVIEW PUBLIC COMMENTS CONSENT CALENDAR 1. Motion to approve the Successor Agency Minutes for the meetings of February 26, 2014. 2. Approval of a License Agreement allowing PG &E to temporarily use a vacant property on Antoinette Lane for a contractor office, a staging area, and employee parking. ADJOURNMENT a""y" - -V�A Anna M. Brown, Deputy City Clerk SPECIAL SUCCESSOR AGENCY MEETING MARCH 12, 2014 AGENDA PAGE2 �Hh MINUTES SUCCESSOR AGENCY Lj CITY OF SOUTH SAN FRANCISCO ��E1roRrA REGULAR MEETING MUNICIPAL SERVICES BUILDING COMMUNITY ROOM WEDNESDAY, FEBRUARY 26, 2014 6:30 P.M. R CALL TO ORDER TIME: 8:12 p.m. ROLL CALL PRESENT: Boardmembers Addiego, Gupta and Normandy, Vice Chairperson Garbarino, Chairperson Matsumoto. ABSENT: None. AGENDA REVIEW No changes. PUBLIC COMMENTS None. CONSENT CALENDAR 1. Motion to approve the Successor Agency Minutes for the meetings of February 12, 2014. 2. Motion confirming payment registers for Redevelopment Obligation Retirement Fund Payments for February 26, 2014. Motion — Vice Chair Garbarino /Second — Boardmember Gupta: to approve consent calendar. Unanimously approved by voice vote. ADJOURNMENT Being no further business, Chairperson Matsumoto adjourned the meeting at 8:13 p.m. Submitted: Anna M. Brown, Deputy City Clerk City of South San Francisco Approved: Karyl Matsumoto, Chairperson City of South San Francisco Q�,�1S A Successor Agency To The Redevelopment Agency LrPo ��.° Staff Report R� DATE: March 12, 2014 TO: Chair and Successor Agency Board FROM: Patrick O'Keeffe, Economic and Community Development Consultant SUBJECT: APPROVAL OF A LICENSE AGREEMENT ALLOWING PG &E TO TEMPORARILY USE A VACANT PROPERTY ON ANTOINETTE LANE FOR A CONTRACTOR OFFICE, STAGING AREA AND EMPLOYEE PARKING. RECOMMENDATION It is recommended that the Successor Agency approve, and recommend that the Oversight Board approve, the attached draft License Agreement with PG &E to temporarily use the vacant site on Antoinette Lane for a contractor office, staging area and employee parking for the period from May 1, 2014 through December 31, 2014. BACKGROUND /DISCUSSION Pacific Gas and Electric (PG &E) is requesting that the City grant a license for PG &E staff and contractors to use the vacant, unimproved property on Antoinette Lane, totaling 72,200 square feet, for use as a contractor office, a staging area and employee parking (See Exhibit B in the License Agreement). PG &E plans to install a new gas line through the city of South San Francisco. PG &E is proposing to use the vacant property from May 1, 2014 to December 31, 2014 in order to complete the Line 132 gas pipeline replacement project. PG &E is requesting use of the site in order to construct an important upgrade to the existing gas pipeline system on the San Francisco Peninsula. In 2010, a portion of Line 132 was responsible for the destruction of a neighborhood in San Bruno. After the disaster, PG &E was tasked with surveying, inspecting and upgrading the pipeline along the entire route. In South San Francisco, the pipeline is located from San Bruno and Colma, generally following El Camino Real, Antoinette Lane and Mission Road. In 2011, PG &E inspected the pipeline and found leaks in the pipe on Antoinette Lane and on Mission Road, between Colma Creek to Lawndale Drive. In 2011 and 2012, PG &E made a combination of temporary repairs and temporary pipeline replacement for segments of the pipe so that South San Francisco residents could receive gas service during the winter months. The proposed project would be a permanent replacement to the existing pipeline. PG &E plans to remove the existing temporary pipeline on Antoinette Lane and Mission Road and replace it with a new 30 -inch pipeline. PG &E's staff and contractors would use the staging area to complete work on the gas pipeline south of Chestnut Avenue. Staff Report Subject: License Agreement with the PG &E at Antoinette Lane Page 2 Long Range Property Management Plan In November 2013, the Oversight Board approved the Long Range Property Management Plan (LRPMP), which includes the subject site. It is anticipated that the site will be marketed and developed for transit oriented residential uses. The process will take at least one year. The proposed use of the property is temporary only and would upgrade a gas line that serves residents in South San Francisco and the San Francisco Peninsula. The proposed use would not impede the goals of the Oversight Board to develop the area as approved in the LRPMP. Proposed Rent PG &E has agreed to pay a monthly rent of $9,386.00 for the use of site as a construction office, staging area and employee parking. The rent is based on comparable rents for similar temporary uses found in South San Francisco's industrial and commercial areas, which is estimated to be $0.13 per square feet for unimproved vacant land. The rent for the vacant and the unimproved site on Antoinette Lane is the same as the rent paid by PG &E in 2012 for a similar unimproved vacant site on Mission Road. CONCLUSION PG &E is requesting that the Successor Agency approve the attached draft License Agreement for its staff and contractors to use a vacant and unimproved site on Antoinette Lane for the period from May 1 through December 14, 2014 (See Exhibit B in the License Agreement). Successor Agency staff is requesting that the Successor Agency also recommend approval of the of the draft License Agreement by the Oversight Board. Development Consultant Attachments: Approved: &&, Y Steven T. Mattas Interim City Manager I . Resolution 2. Draft License Agreement, with Exhibits 2245494.1 RESOLUTION NO. SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SOUTH SAN FRANCISCO RESOLUTION APPROVING AND RECOMMENDING THAT THE OVERSIGHT BOARD APPROVE A LICENSE AGREEMENT WITH PACIFIC GAS & ELECTRIC, A CALIFORNIA CORPORATION, FOR VACANT, UNIMPROVED SITE ON ANTOINETTE LANE (APN 93 -312- 050) IN SOUTH SAN FRANCISCO WHEREAS, on March 13, 2013, the City of South San Francisco ( "City ") approved the transfer of, and the Successor Agency to the Redevelopment Agency of the City of South San Francisco ( "Successor Agency "), approved the acquisition of, that certain real property consisting of a vacant, unimproved site on Antoinette Lane, identified as APN 093- 312 -050, in South San Francisco, California ( "Property "); and WHEREAS, in November 2013, Oversight Board adopted the Long Range Property Management Plan ( "LRPMP ") for the Successor Agency, , which includes the Property. The Property is part of the former PUC properties that are zoned according to a blend of development intensity as dictated by the El Camino Real /Chestnut Avenue Land Use Plan; and WHEREAS, in January 2014, Pacific Gas & Electric Company (PG &E) submitted a letter to the Successor Agency and the Oversight Board staff requesting that the Successor Agency and the Oversight Board approve a License Agreement for a contractor office, staging area and employee parking on the Property for the period from May 1, 2014 through December 31, 2014, in order to facilitate an upgrade to PG &E's existing gas pipeline system on the San Francisco Peninsula; and WHEREAS, Successor Agency staff and PG &E's representative have negotiated a proposed License Agreement; and WHEREAS, the proposed use is temporary only and would not impede the goals of the Oversight Board to develop the Property as set forth in its approved LRPMP; and WHEREAS, the Successor Agency has considered the terms of the License Agreement, which is for a term of seven months with a two -month option for extension, at a duly- noticed public meeting; and WHEREAS, the Successor Agency recommends that the Oversight Board approve the License Agreement, NOW, THEREFORE, the Successor Agency to the Redevelopment Agency of the City of South San Francisco does hereby resolve as follows: 1. The Recitals set forth above are true and correct, and are incorporated herein by reference. 2. The License Agreement between the Successor Agency and Pacific Gas & Electric for vacant, unimproved property on Antoinette Lane, in the form attached to this Resolution, is hereby approved. 3. The Executive Director or his designee is authorized to execute the Lease Agreement and to take such other and further actions as are necessary and appropriate to implement the License Agreement. 4. Successor Agency staff is directed to submit this Resolution, the accompanying Staff Report and the License Agreement to the Oversight Board for the Successor Agency to the Redevelopment Agency of the City of South San Francisco, for its consideration in accordance with Assembly Bill xl 26, as modified by Assembly Bill 1484. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the governing board of the Successor Agency to the Redevelopment Agency of the City of South San Francisco at a meeting held on the day of March, 2014 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: 2245588.1 City Clerk LICENSE AGREEMENT This License Agreement (this "Agreement" or "License ") is entered into effective as of June 1, 2014 ( "Effective Date ") by and between the Successor Agency to the Redevelopment Agency of the City of South San Francisco, a public entity (the "Successor Agency ") and Pacific Gas and Electric Company, a California Corporation (the "Licensee "). Successor Agency and Licensee are hereinafter collectively referred to as the "Parties." RECITALS A. Successor Agency is the owner of that certain real property located at Antoinette Lane, City of South San Francisco, known as San Mateo County Assessor's Parcel No. 093- - 050 and more particularly described in Exhibit A attached hereto (the "Property "). C. Licensee is-engaged in a construction and repair project relating to the existing gas line project on land located adjacent to the Property, and desires to obtain a license from Successor Agency to use the Vacant Lot for a construction staging area, construction office, and employee and contractor parking, The portion of the Antoinette Lane Property for which a license is granted pursuant to this Agreement (the " Licensed Premises ") is described in Exhibit B attached hereto. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Grant of License, License Fee; No Leasehold or Property Rights is Created. Successor Agency hereby grants to Licensee a revocable license to use the Licensed Premises solely for use as a construction staging area, construction office, and employee and contractor parking (collectively, the "Permitted Activity "), undertaken in compliance with the conditions of approval set forth in Exhibit D attached hereto and the Conditions of Use set forth in Section 4 below. Subject to adjustment pursuant to Section 2.1 below, on or before the first day of each calendar month during the term of this Agreement, Licensee shall pay to Successor Agency a fee (the "License Fee ") in the amount of Nine Thousand, Three Hundred and Eighty -Six Dollars ($9,385.00) per month. For any partial month at the beginning or end of the term of this Agreement, the License Fee shall be prorated on the basis of a 30 -day month. This Agreement is not intended to nor shall it be interpreted to create or vest in Licensee any leasehold or any other property rights or interests in the Property or the improvements located thereon, or any part thereof. 1.1 Late Charge. Licensee acknowledges that the late payment of the License Fee will cause Successor Agency to incur administrative costs and other damages, the exact amount of which would be impracticable or extremely difficult to ascertain. Licensee and Successor Agency agree that if Successor Agency does not receive any such payment within five (5) calendar days after such payment is due, Licensee shall pay to Successor Agency an amount equal to ten percent (10 %) of the overdue amount as a late charge for each month or partial 2119589.1 1 month that such amount remains unpaid. The Parties acknowledge that this late charge represents a fair and reasonable estimate of the costs that Successor Agency will incur by reason of the late payment by Licensee, but the payment of such late charge shall not excuse or cure any default by Tenant under this Agreement. The Parties further agree that the payment of late charges pursuant to this Section 1.1 and the payment of interest pursuant to Section 1.2 are distinct and separate from one another in that the payment of interest is to compensate Successor Agency for the use of Successor Agency's money by Licensee, while the payment of a late charge is to compensate Successor Agency for the additional administrative expense incurred by Successor Agency in handling and processing delinquent payments, but excluding attorneys' fees and costs incurred with respect to such delinquent payments. Acceptance of any late fees and late charges shall not prevent Successor Agency from exercising any of the other rights and remedies available to Successor Agency under this Agreement for any other default by Licensee. 1.2 Interest. Any amount due from Licensee to Successor Agency which is not paid when due shall bear interest at the lesser of ten percent (10 %) per annum or the maximum rate which Successor Agency is permitted by law to charge, from the date such payment is due until paid, but the payment of such interest shall not excuse or cure any default by Licensee under this Agreement. 2. Term of License. The term of the License and right of entry granted hereby, shall commence on the Effective Date and shall continue until December 31, 2414 (the "Termination Date ") unless Successor Agency or Licensee terminate this Agreement pursuant to Section 3 below. 2.1 Extension of Term, License Fee During Extension Period. Upon written request by Licensee delivered to Successor Agency not later than thirty (30) days prior to the expiration of the initial term of this License, Licensee may request an extension of the term. Successor Agency will not withhold consent to an extension of the term fora period of up to two (2) additional months if Licensee reasonably requires such extension in order to complete construction activities on the adjacent property. The License Fee payable during each month during such extension shall be the sum of Nine Thousand, Three Hundred and Eighty -Six Dollars ($9,386.00). All other terms and conditions of this Agreement shall apply during any extension of the term. 3. Termination of License. 3.1 Termination for Cause. Successor Agency may terminate or suspend this License by written notice to Licensee following Licensee's breach of its obligations under this Agreement if Licensee fails to cure any such breach within ten (10) days following written notice of default from the Successor Agency. 4. Conditions of Use. Licensee's right to enter upon and use the Licensed Premises is limited to the Permitted Activity (defined in Section 1 above) subject to compliance with all conditions of approval set forth in Exhibit D and all conditions set forth in this Section (collectively, the "Conditions of Use "). Without limiting the foregoing, Licensee agrees to comply with all of the following specific requirements: 2119589.1 2 a. Licensee shall be liable for any damage to the Property, or any part thereof, or any improvements located thereon, or any other property of the Successor Agency or the City of South San Francisco ( "City ") or City right of way (collectively, "City Property ") that occurs as a result of this License and the use of the Licensed Premises, unless caused by the gross negligence or willful misconduct of the Successor Agency, the City, or their respective employees, agents or contractors. Any damage to the Property, the improvements located thereon, or City Property shall be immediately repaired to the satisfaction of Successor Agency or City, as applicable, at Licensee's sole cost and expense. b. Licensee shall not encroach on the public right of way adjacent to the Property C. Licensee shall incorporate all storm water pollution control measures required by an approved storm water pollution prevention plan. Licensee shall employ adequate dust control measures to ensure that neighboring businesses and residences are not adversely impacted by Licensee's activities on the Licensed Premises. Licensee shall comply with all Conditions of Use and with all state, federal and local laws, regulations, rules and orders, applicable to this License, the Property or the Permitted Activity, including without limitation all Environmental Laws (defined in Exhibit C attached hereto and incorporated herein by reference. Licensee shall not cause or permit any Hazardous Material (defined in Exhibit C to be generated, brought onto, used, stored, or disposed of in or about the Property. (i) Notice of Release or Investigation. If during the term of this Agreement, Licensee becomes aware of (a) any actual or threatened release of any Hazardous Material in, on, under, or about the Property, or (b) any inquiry, investigation, proceeding, or claim by any government agency or other person regarding the presence of Hazardous Material in, on, under, or about the Property, Licensee shall give Successor Agency written notice of the release or investigation within five (S) days after learning of it and shall simultaneously furnish to Successor Agency copies of any claims, notices of violation, reports, or other writings received by Licensee that concern the release or investigation. (ii) Remediation Obligations. If the presence of any Hazardous Material brought onto the Property by Licensee or Licensee's agents, employees, invitees, customers, consultants, contractors or subcontractors results in contamination of the Property or any part thereof, Licensee shall promptly take all necessary actions to remove or remediate such Hazardous Materials, whether or not they are present at concentrations exceeding state or federal maximum concentration or action levels, or any governmental agency has issued a cleanup order, at Licensee's sole expense, to return the Property to the condition that existed before the introduction of such Hazardous Material. Licensee shall first obtain Successor Agency's approval of the proposed removal or remedial action. d. Licensee shall not impair or interfere with Successor Agency's ability to access the Property. 2119589.1 e. Licensee expressly acknowledges and agrees that Successor Agency shall have no obligation to provide security services or fencing, and Licensee's use of the Licensed Premises is at Licensee's own risk. f. Licensee expressly acknowledges and agrees that Successor Agency has no obligation to maintain or repair the Property, the improvements located thereon, or the Licensed Premises, and Licensee accepts use of the Licensed Premises in its AS -IS condition. Licensee shall videotape the property prior mobilization onto property. g. Licensee shall, at Licensee's sole cost and expense, maintain the Licensed Premises in its condition existing as of the Effective Date, reasonable wear and tear excepted, and shall keep the Licensed Premises in condition free of debris, litter and graffiti. Without limiting the generality of the foregoing, Licensee shall be responsible for maintaining any landscaping located on the Licensed Premises, and for undertaking at Licensee's sole expense without reimbursement, any necessary repair or resurfacing of paved surfaces on the Licensed Premises and any repair or maintenance of fencing and lighting. Licensee shall be responsible for payment of all utilities serving the Licensed Premises. Licensee shall take reasonable steps to ensure that access to the Licensed Premises is limited to Licensee and Licensee's agents, employees, contractors and subcontractors. At Licensee's sole expense without reimbursement, Licensee shall install and maintain security fencing around the perimeter of the Antoinette Lane Licensed Premises throughout the term of this Agreement. h. Successor Agency shall have the right at all times during the term of this Agreement to enter upon and to inspect the Licensed Premises to ensure compliance with this Agreement. i. Existing improvements to the Licensed Premises shall be restored to existing or better condition. Improvements shall include, but not be limited to, pavement, curbs, gutters, sidewalks, storm and sanitary sewer facilities, public utilities, surface improvements, landscaping, and lighting. Licensee shall be responsible for cleanup of any contamination by regulated substances introduced to the site by Licensee's activities on the Licensed Premises. Prior to the expiration of the term of this Agreement (as such may be extended pursuant to Section 2.1), at Licensee's sole cost and expense, Licensee shall remove all vehicles, equipment, materials and personal property from the Licensed Premises and shall restore the Licensed Premises to its condition existing as of the Effective Date, reasonable wear and tear excepted ("Original Condition "). If Licensee fails to comply with the foregoing, Successor Agency shall have the right to remove all vehicles, equipment, materials and personal property from the Licensed Premises and to restore the Licensed Premises to Original Condition, and Licensee shall be obligated to pay Successor Agency for all costs incurred by Successor Agency in connection with such removal and restoration within five (5) business days following receipt of Successor Agency's invoice therefor. j. All lay down and staging areas shall be fenced to prevent public access and screened from public view. Prior to storing materials on the Licensed Premises, Licensee shall, at Licensee's sole expense without reimbursement, screen from view the portion of the Licensed Premises that fronts along Antoinette Lane and the portion of the Licensed Premises 2119589.1 4 that faces the Chestnut Avenue located to the south of the Property. Screening materials shall be approved by Successor Agency, which approval will not be unreasonably withheld. Licensee shall provide sound reading information to the Successor Agency. k. Licensee shall coordinate with private owners adjacent to the project site to minimize impacts due to construction. Licensee shall notify all nearby residents and businesses affected by the work within 300 feet of the project site. Notifications shall include at a minimum: work hours, Licensee contact information, brief description of the work, and project duration. A copy of the notices shall be provided to the Successor Agency for review prior to distribution. . 1. Use of the Property is limited to Licensee's employees, consultants and contractors and is limited to construction hours (7 a.m. through 8 p.m. Monday through Saturday, unless otherwise approved by the Public Works Director or authorized representative. Except, for that portion of work scheduled as night work 10 p.m. to 6 a.m. Sunday through Thursday as dictated byCaltrans Permit. Any weekend work shall be approved by the City Director of Public Works. Weekend hours shall comply with the SSF Municipal Code. Without limiting the generality of the foregoing, no overnight parking shall be permitted on the Property. Licensee estimates that the Parking Lot will be used for approximately thirty -five (35) vehicles during construction hours. 5. Indemnification. Licensee agrees to indemnify, defend (with counsel approved by City) and hold the City, the Successor Agency, and their respective elected and appointed officers, officials, employees, agents and representatives (all of the foregoing collectively "Indemnitees ") harmless from and against all liability, loss, cost, claim, demand, action, suit, legal or administrative proceeding, penalty, deficiency, fine, damage and expense (including, without limitation, reasonable attorneys' fees and costs of litigation) (all of the foregoing collectively "Claims ") resulting from or arising in connection with use,of the Property or the improvements located thereon by Licensee or Licensee's agents, employees, invitees, contractors or subcontractors, including without limitation, Claims arising as a result of or in connection with any release of any Hazardous Material in, on, under or about the Property by Licensee, or Licensee's agents, employees, invitees, contractors, or subcontractors, or any other violation of any Environmental Law by Licensee or Licensee's agents, employees, invitees, contractors or subcontractors, except and to the extent caused solely by the gross negligence or willful misconduct of any of the Indemnitees. Licensee's indemnification obligations set forth in this Section 5 shall survive the expiration or earlier termination of this Agreement. 6. Release of Claims. Licensee hereby waives, releases, and discharges forever the Indemnitees from all present and future Claims arising out of or in any way connected with entry upon or use of the Property and the improvements located thereon by Licensee or Licensee's agents, employees, invitees, contractors or subcontractors, including without limitation all Claims arising in connection with any injury to persons or damage to or theft of vehicles, equipment, materials, or any other personal property, except and to the extent caused solely by the gross negligence or willful misconduct of any of the Indemnitees. The provisions of this Section 6 shall survive the expiration or earlier termination of this Agreement. 2119589.1 5 7. Insurance. Throughout the term of this License, Licensee shall maintain a commercial general liability policy in the amount of at least Two Million Dollars ($2,000,000) combined single limit, or such other policy limit as Successor Agency may require in its reasonable discretion, including coverage for bodily injury, property damage and contractual liability coverage. Such policy or policies shall be written on an occurrence basis, shall be issued by an insurance carrier licensed to do business in the State of California with current A.M. Best's rating of no less than A: VII, and shall name the City, the Successor Agency and the Indemnitees as additional insureds. Throughout the term of this License, Licensee shall maintain a comprehensive automobile liability coverage in the amount of at least Two Million Dollars ($2,000,000), combined single limit including coverage for owned, non -owned and leased vehicles. Automobile liability policies shall name the Indemnitees as additional insureds. Throughout the term of this License, Licensee shall maintain worker's compensation insurance in the amount required under applicable state law, covering Licensee's employees, if any, at work at the Licensed Premises or engaged in services or operations in connection with the Permitted Activity. Prior to the Effective Date, Licensee shall furnish Successor Agency with certificates of insurance in form acceptable to Successor Agency evidencing the required insurance coverage and duly executed endorsements evidencing such additional insured status. The certificates shall contain a statement of obligation on the part of the carrier to notify Successor Agency of any material change, cancellation, termination or non - renewal of the coverage at least thirty (30) days in advance of the effective date of any such material change, cancellation, termination or non - renewal, except in the event of non - payment of premium a ten (10) day notice will be provided. Coverage provided by Licensee shall be primary insurance and shall not be contributing with any insurance, or self - insurance maintained by City or Successor Agency, and the policies shall so provide. The insurance policies shall contain a waiver of subrogation for the benefit of the City and Successor Agency. Licensee shall provide Successor Agency with certified copies of the required insurance policies upon Successor Agency's request. 8. Notices. Except as otherwise specified in this Agreement, all notices to be sent pursuant hereto shall be made in writing, and sent to the Parties at the addresses specified below, or such other address as a Party may designate by written notice delivered to the other Party in accordance with this section. All such notices shall be sent by: (a) personal delivery, in which case notice shall be deemed delivered upon receipt; (b) certified or registered mail, return receipt requested, in which case notice shall be deemed delivered two (2) business days after deposit, postage prepaid in the United States mail; (c) nationally recognized overnight courier, in which case notice shall be deemed delivered one (1) day after deposit with such courier; or 2119589.1 6 (d) facsimile transmission, in which case notice shall be deemed delivered on transmittal, provided that a transmission report is generated reflecting the accurate transmission thereof. Successor Agency: Successor Agency to the Redevelopment Agency of the City of South San Francisco 400 Grand Ave. South San Francisco, CA 94080 Attn: Barry Nagel, Executive Director Telephone: (650) 877 -8500 Licensee: Jenice Montes Pacific Gas and Electric Company 1850 Gateway Blvd, #7043A Concord, CA 94520 For communications relating to this Agreement, Licensee's local contact is Jenice Montes telephone 925- 270 -2232. 9. _Entire Agreement, Amendments. This Agreement together with Exhibits A through D attached hereto and incorporated herein by reference, constitutes the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior written or oral agreements, understandings, representations or statement with respect thereto. This Agreement may be amended only by a written instrument executed by the Parties hereto. 10. Severability. If any term, provision, or condition of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect unless the rights and obligations of the Parties have been materially altered or abridged thereby. 11. Waiver. A waiver by either Party of the performance of any covenant or condition herein shall not invalidate this Agreement nor shall the delay or forbearance by either party in exercising any remedy or right be considered a waiver of, or an estoppel against, the later exercise of such remedy or right. No waiver of any breach of any covenant or provision of this Agreement shall be deemed a waiver of any subsequent breach of the same or any other covenant or provision hereof. No waiver shall be valid unless in writing and executed by the waiving Party. 12. Ca tions• Intgrgretation. The section headings used herein are solely for convenience and shall not be used to interpret this Agreement. The provisions of this Agreement shall be construed as a whole according to their common meaning, and not strictly for or against any party, in order to achieve the objectives and purposes of the Parties. 13. Attorneys' Fees. In any action at law or in equity, arbitration or other proceeding arising in connection with this Agreement, the prevailing party shall recover reasonable 2119589.1 7 attorney's fees and other costs, including but not limited to court costs and expert and consultants' fees incurred in connection with such action, in addition to any other relief awarded. 14. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. 15. Governing Law. This Agreement, and the rights and obligations of the Parties, shall be governed by and interpreted in accordance with the laws of the State of California without regard to principles of conflicts of law. Any action to enforce or interpret this Agreement shall be filed in the Superior Court of San Mateo County, California or in the Federal District Court for the Northern District of California. 16. No Assianment; No Third Party Beneficiaries. The rights granted hereby are personal to the Licensee and may not be transferred or assigned by operation of law or otherwise without the written consent of Successor Agency. Nothing in this Agreement is intended to or shall confer upon any person other than the Parties any rights or remedies hereunder. 17. Time is of the Essence. Time is of the essence for each condition, term, obligation and provision set forth in this Agreement. 18. Possessory Interest. Licensee acknowledges that this License may create a possessory interest subject to property taxation, and that Licensee may be subject to the payment of property taxes on such interest. SIGNATURES ON FOLL 0WING PAGES) 2119589.1 IN WITNESS WHEREOF, the Parties have executed this License Agreement as of the date first written above. LICENSEE: Pacific Gas and Electric, a California Corporation By: — Christopher Medders, Manager - Land Acquisition SUCCESSOR AGENCY: SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SOUTH SAN FRANCISCO, a public entity Barry M. Nagel, Executive Director ATTEST: Secretary APPROVED AS TO FORM: Successor Agency Counsel 2119589.1 9 Exhibit A ANTOINETTE LANE PROPERTY (Attach legal description and map of Antoinette Lane Property.) The land referred to is situated in the County of San Mateo, City of South San Francisco, State of California, and is described as follows: 2119589.1 10 1111low— . 4 kZ4, f, 44 PG&E Laydown Yard License Area 93-312-050 & 060 N, 0 0 40 -111L 0-0.1 RIM Exhibit B ANTOINETTE LANE LICENSED PREMISES 2119589.1 11 Exhibit C DEFINITION OF HAZARDOUS MATERIAL, ENVIRONMENTAL LAWS As used in this License, the term "Hazardous Material" means any chemical, compound, material, mixture, or substance that is now or may in the future be defined or listed in, or otherwise classified pursuant to any Environmental Laws (defined below) as a "hazardous substance ", "hazardous material ", "hazardous waste ", "extremely hazardous waste ", infectious waste ", toxic substance ", toxic pollutant", or any other formulation intended to define, list or classify substances by reason of deleterious properties such as ignitability, corrosivity, reactivity, carcinogenicity, or toxicity. The term "hazardous material" shall also include asbestos or asbestos - containing materials, radon, chrome and/or chromium, polychlorinated biphenyls, petroleum, petroleum products or by- products, petroleum components, oil, mineral spirits, natural gas, natural gas liquids, liquefied natural gas, or synthetic gas usable as fuel, perchlorate, and methy tert butyl ether, whether or not defined as a hazardous waste or hazardous substance in the Environmental Laws. As used in this License, the term "Environmental Laws" means any and all federal, state and local statutes, ordinances, orders, rules, regulations, guidance documents, judgments, governmental authorizations or directives, or any other requirements of governmental authorities, as may presently exist, or as may be amended or supplemented, or hereafter enacted, relating to the presence, release, generation, use, handling, treatment, storage, transportation or disposal of Hazardous Materials, or the protection of the environment or human, plant or animal health, including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. § 9601), the Hazardous Materials Transportation Act (49 U.S.C. § 1801 et seq.), the Resource Conservation and Recovery Act (42 U.S.C. § 6901 et seq.), the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), the Clean Air Act (42 U.S.C. § 7401 et seq.), the Toxic Substances Control Act (15 U.S.C. § 2601 et SeMc .), the Oil Pollution Act (33 U.S.C. § 2701 et sM.), the Emergency Planning and Community Right -to -Know Act (42 U.S.C. § 11001 et SeMc .), the Porter - Cologne Water Quality Control Act (Cal. Water Code § 13000 et M.), the Toxic Mold Protection Act (Cal. Health & Safety Code § 26100, et seq.), the Safe Drinking Water and Toxic Enforcement Act of 1986 (Cal. Health & Safety Code § 25249.5 et M.), the Hazardous Waste Control Act (Cal. Health & Safety Code § 25100 et seq.), the Hazardous Materials Release Response Plans & Inventory Act (Cal. Health & Safety Code § 25500 et seq.), and the Carpenter - Presley- Tanner Hazardous Substances Account Act (Cal. Health and Safety Code, Section 25300 et seg.). 2119589.1 12 Exhibit D CONDITIONS OF APPROVAL The following conditions shall be incorporated into the License Agreement. Most of these conditions are also being incorporated into the encroachment permit that will cover work on Antoinette Lane. 1. All lay down and staging areas shall be fenced to prevent public access and screened from public view. 2. Licensed Premises operation hours shall be weekdays from 8:00 a.m. to 8 :00 p.m. unless otherwise approved by the City Engineer or authorized representative. Any weekend work shall be approved by the City Director of Public Works. Weekend hours shall comply with the SSF Municipal Code. 3. Licensee shall coordinate with private owners adjacent to the project site to minimize impacts due to construction. Licensee shall notify all nearby residents and businesses affected by the work within 300 feet of the project site. Notifications shall include at a minimum: work hours, Licensee contact information, brief description of the work, and project duration. A copy of the notices shall be provided to the Successor Agency for review prior to distribution. 4. Licensee shall incorporate all storm water pollution control measures required by an approved storm water pollution prevention plan. Licensee shall employ adequate dust control measures to ensure that neighboring businesses and residences are not adversely impacted by Licensee's activities on the Licensed Premises. Existing improvements to the Licensed Premises shall be restored to existing or better condition. Improvements shall include, but not be limited to, pavement, curbs, gutters, sidewalks, storm and sanitary sewer facilities, public utilities, surface improvements, landscaping, and lighting. Licensee shall be responsible for cleanup of any contamination by regulated substances introduced to the site by Licensee's activities on the Licensed Premises. 2119589.1 13