HomeMy WebLinkAboutOB Reso 01-2015 RESOLUTION NO. 01-2015
OVERSIGHT BOARD FOR THE SUCCESSOR AGENCY TO THE REDEVELOPMENT
AGENCY OF THE CITY OF SOUTH SAN FRANCISCO
RESOLUTION APPROVING AN AMENDED AND RESTATED
LICENSE AGREEMENT WITH PACIFIC GAS & ELECTRIC, A
CALIFORNIA CORPORATION, FOR VACANT,
UNIMPROVED SITES ON ANTOINETTE LANE (APN 93-312-
050) AND MISSION ROAD (APN 93-312-060) 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 sites on Antoinette Lane, identified as APN 093-312-050,
and Mission Road, identified as APN 093-312-060, 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, on November 4, 2014 and December 3, 2014, Pacific Gas & Electric
Company (PG&E) submitted letters to the Successor Agency and the Oversight Board staff
requesting that the Successor Agency and the Oversight Board approve a new License
Agreement for a contractor's office, staging area and employee parking on the Property,
beginning on February 1, 2015; and
WHEREAS, the existing License Agreement that applies on to the property on Antoinette
Lane expires on December 31, 2014. But, the Agreement allows PG&E to extend the term of the
Agreement on that property to February 28, 2015; and
WHEREAS, PG&E is requesting that the Oversight Board approve a new License
Agreement from February 1, 2015 to June 30, 2015 that will apply to both properties, subject to
Department of Finance approval. All other terms and conditions, including new Engineering
Division conditions for the properties on Antoinette Lane and Mission Road, of the existing
Agreement shall apply during the term; 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, on January 14, 2015, the Successor Agency adopted a Resolution
approving the License Agreement and authorizing its execution, and recommending that the
Oversight Board approve the License Agreement; and
WHEREAS, the Oversight Board has considered the proposed License Agreement, which
is for a term of four 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; and
WHEREAS, Health and Safety Code Section 34179(e) requires that all actions taken by
the Oversight Board shall be adopted by resolution.
NOW, THEREFORE, the Oversight Board for 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 and Mission Road,
in the form attached to this Resolution as Exhibit A, 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 Oversight Board of the Successor Agency to the Redevelopment Agency of the City of South
San Francisco at a regular meeting held on the 20'b day of January, 2015 by the following vote:
AYES: Boardmembers Addiego, Christensen, Scannell, Gross,
Chairperson Cullen.
NOES: None.
ABSTAIN: None.
ABSENT: Boardmember Farrales, Vice Chairperson Ernsberger
AT ES .
Kris M elli, e
Oversight Board or the Successor
Agency to the South San Francisco
Redevelopment Agency
EXHIBIT A
LICENSE AGREEMENT
23 87922.1
AMENDED AND RESTATED LICENSE AGREEMENT
This License Agreement (this "Agreement" or"License") is entered into effective as of
February 1, 2015 ("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. 093-312-
050 and located at Mission Road, City of South San Francisco, known as San Mateo County
Parcel No. 093-312-060, more particularly described in Exhibit A attached hereto (collectively
referred to as the "Property").
B. The Parties executed a License Agreement on in order to allow
Licensee to use the Vacant Lot on Antoinette Lane for a construction staging area, construction
office, and employee and contractor parking, relating to the existing gas line repair and
construction project on land located adjacent to, the Property, which will expire on February 28,
2015,
C. Licensee is anticipates that the construction and repair project relating to the
existing gas line project on land located adjacent to the Property will extend until June, 2015, and
desires to obtain a new license from Successor Agency to use portions of two vacant lots for a
construction staging area, construction office, and employee and contractor parking, the
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 e
�..License Fee,• No Leasehold or Prop!grt Ri hts 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, temporary stockpiling of dirt spoil, night and
weekend work, 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
Eleven Thousand, One Hundred and Ninety-Eight Dollars ($11,198-001) 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.
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1.1 Late Chime. 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
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 fi-orn, 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 June 30, 2015 (the "Termination
Date")unless Successor Agency or Licensee terminate this Agreement pursuant to Section 3
below,
2.1 Extension of I erii License Fee Llurn Extension P enod. 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 for a 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 Twelve Thousand, Two Hundred and Fifty-One
Dollars ($12,25 1.00). All other terms and conditions of this Agreement shall apply during any
extension of the terni,
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 .
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4. Conditions of Use. Licensee's right to enter upon and use the Licensed icensed Premises is
limited to the Permitted Activity (defined in Section I 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:
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 stoin-i 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 (5) 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
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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..
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.
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 12.11, 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 (S) business days following receipt of
Successor Agency's invoice therefor.
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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, Mission Road and the portion of the
Licensed Premises 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.
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 mimmum: work hours, Licensee contact inforination, 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 (8 a.m. through 8 p.m. Monday through Friday,
unless otherwise approved by the City Engineer or authorized representative. Any weekend or
night 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 pemiitted 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 Enviromriental 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,
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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.
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 1ndemnitees
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;
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(c) nationally recognized overnight courier, in which ease notice shall be deemed
delivered one (1) day after deposit with such courier; or
(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: Mike Futrell, City Manager
Telephone. (650) 877-8500
Licensee. Pacific Gas & Electric Company
Jenice Montes
2730 Gateway Oaks give
Room 220
Sacramento, CA 95833
916-923-7005
For communications relating to this Agreement, Licensee's local contact is Adam Linney
telephone 925-588-8951
9, Entire A reement, 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, including but not
limited to the License Agreement executed between the Parties on February 1, 2014, This
Agreement may be amended only by a written instrument executed by the Parties hereto.
10, Sevcrability. 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.
1.2. Captions; lntcrpretation. The section headings used herein are solely for
convenience and shall not be used to interpret this Agreement. The provisions of this Agreement
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shall be construed as a whole according to their conimon 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
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. Assignment; 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 . Licensee acknowledges that this Agreement
may be subject to the review and approval of the Oversight Board for the Successor Agency and
the California Department of Finance ("DOF"), and that during the term hereof DOF may
require the assignment or transfer of the Property to the City, in which event the rights, remedies
and obligations of the Successor Agency hereunder shall pass to the City. Except as may be
expressly provided herein, 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 0 WING PAGES)
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IN WITNESS WHEREOF, the Pal-ties have executed this License Agreement as of the
date first written above.
LICENSEE:
Pacific Gas and Electric Company
By:
Print Name: Chris Medders
Title: Manager, Land Acquisition
SUCCESSOR AGENCY:
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF
SOUTH SAN FRANCISCO, a public entity
By:
Mike Futrell, Executive Director
ATTEST:
Secretary
APPROVED AS TO FORM:
Successor Agency Counsel
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Exhibit A
PROPERTY DESCRIPTION
(Legal description and map of Antoinette Lane & Mission Road Properties.)
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:
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TAKE PARCEL 1
ALL THAT CERTAIN REAL PROPERTY IN THE CITY OF SOUTH SAN FRANCISCO, COUNTY
OF SAN MATEO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS,
PARCEL I:
COMMENCING AT A GRANITE MONUMENT MARKED'NO. 31" IN THE CENTER OF THE
COUNTY ROAD LEADING FROM SAN FRANCISCO TO SAN JOSE, OPPOSITE THE
PRESENT RAILWAY STATION OF THE SOUTHERN PACIFIC RAILROAD + O'MpANy A T
...BADEN,AND RUNNING THENCE ALONG THE CENTERLINE OF SAID COUNTY ROAD
SOUTH 101 [l3"EAST 2,715 CHAINS TO A GRANITE MONUMENT MARKED'No ,3o"';
THENCE LEAVING SAID CENTERLINE OF SAID COUNTY ROAD SOUTH 70°27, SST 1.37
CHAINS TO A 6"X 5"'REDWOOD WITNESS POST MARKED"L 1211 IN THE EASTERLY
BOUNDARY LINE OF THE RIGHT OF WAY OF THE SOUTHERN PACIFIC RAILROAD
COMPANY;THENCE ALONG SAID EASTERLY LINE OF SAID RIGHT OF WAY NORTH 50-
54'WEST 6.975 CHAINS TO A WITNESS POST MARKED"L 11"„THENCE
NORTHWESTERLY ALONG SAID EASTERLY LINE OF SAID RIGHT OF WAY 625 FEET,
MORE OR LESS,TO A WITNESS POST MARKED°L 10% THENCE NORTHWESTERLY
ALONG SAID EASTERLY LINE OF SAID RIGHT OF WAY 535 FEET, MORE OR LESS,TO A
WITNESS POST MARKED"L 9"AT THE INTERSECTION OF SAID EASTERLY LINE OF SAJD
RIGHT OF WAY WITH VINE SOUTHERLY LINE OF THE LANE LEADING FROM SAID COUNTY
ROAD TO THE"FLOOD AND MACKAY TRACT;'THENCE ALONG SAID SOUTHERLY LINE
OF SAID LANE I~ICoRTH!,40°46`EAST 4,26 CHAINS TO A,WOODEN MONUMENT MARKED
"NO, 35"IN THE CENTER OF SAID COUNTY ROAD;THENCE ALONG SAID CENTERLINE'OF
SAID COUNTY ROAD SOUTH 390 18'EAST 3.81 CHAINS TO A WOODEN ONUMENT,
MARKED'NO, 34";THENCE ALONG SAID CENTERLINE OF SAID COUNTY ROAD SOUTH
33°51"EAST 16.93 CHAIN'S T`O SAID GRANITE MONUMENT"NO 31"AND THE POINT OF
COMMENCEMENT.
EXCEPTING THEREFROM SO MUCH OF THE LAND THEREOF ACQUIRED By THE SAN
MATEO COUNTY FLOOD CONTROL DISTRICT,A FLOOD CONTROL DISTRICT OF THE
COUNTY OF SAN MATEO, STATE OF CALIFORNIA, IN THAT CERTAIN FINAL ORDER OF
CONDEMNATION RECORDED ON SEPTEMBER 7, 1977 IN BOOK 7596 AT PAGE 608(FILE
NO, 69929-AL)IN THE SAN MATEO COUNTY OFFICIAL REC'OR'DS,
EXCEPTING THEREFROM PARCEL'CI-3108-1 DESCRIBED IN EXHIBIT A-6 ATTACHED TO
THAT CERTAIN FINAL ORDER OF CONDEMNATION FILED IN THE SUPERIOR COURT"OF
THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN MATEO, ENTITLED w SAN
MATEO COUNTY'TRANSIT DISTRICT, PLAINTIFF,VS, CITY AND COUNTY OF SAN
FRANCISCO, DEFENDANT", CASE NO.405695 AND RECORD'E'D FEBRUARY 11 0D4
UNDER RECORDER'S SERIES NO.2004-025111 IN THE SAN MATEO COUNTY O OFFICIAL
RECORDS.
E,XECPTING THEREFROM MISSION ROADS 66 FEET WIDE,AS SHOWN ON THE MAP OF
THE LUX RANCH WEST OF MISSION ROAD RECORDED IN'VOLUME D OF MAPS AT PAGE
58 IN THE SAN MATEO COUNTY OFFICIAL RECORDS.
PARCEL II:
A NON-EXCLUSIVE EASEMENT FOR ROAD'PUR'POSES ACROSS COLMA GREET{IN THE
CITY OF SOUTH SAN FRANCISCO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
pfl1
BEGINNING AT A POINT ON THE SOUTHWEST BOUNDARY OF PARCEL 1`533-2 AS SAID
PARCEL. IS DESCRIBER IN FINAL ORDER OF CONDEIIANATION, SUPERIOR COURT, OF
THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF SAN MATEO, AND RECORDED
SEPTEMBER 7, 1977 IN VOLUME 75+96, OFFICIAL'RECORDS OF SAN hAATFa COUNTY AT
PACE 618,DISTANT NORTH 62°'SA' 14"WEST 172.29 FEET FROM TIDE SQ JTHE,RLY
CORNER THEREOF;THENCE ALONG SAID SOUTHWESTERLY BOUNDARY NORTH 62-5w
1A.`WEST 39.00 FEET;THENCE NORTH 27° 05'46' EAST 72.95 FEET TO A POINT ON THE
NORTHEASTERLY BOUNDARY OF SAID PARCEL 1553-2 THENCE ALONG SAID
NORTHEASTERLY BOUNDARY SOUTH 600 510'A5''EAST 30.02 FEET;THENCE SOUTH 270
05" 6° "EST 71.58 FEETTO THE POINT OF BEGINNING-
SAID EASEMENT IS APPURTENANT TO AND FOR THE BENEFIT OF PARCEL I ABO'VF AND
WAS CREATED BY THAT CERTAIN!'DEFD RECORDED ON JULY 20,, 1959 AS DOCUMENT
NO, 69094315 IN THE SAN MATEO COUNTY OFFICIAL RECORDS,
THE AREA OF THIS PARCEL IS 7.6 ACRES 'FORE.OR LESS.
DESCRIPTION PREPARED BY'_
C'� l
f � �
WILLIAM MASTERSON, LS 4815
LICENSE EXPIRES 9-30-08
OCTOBER 6,2005
Pat
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Appro7e-d: WIM HAM
393 VINTAGE PARK CPMN ,, SU4 �d11 5St1 9 215gC3B I ds,
ITY OF 65 O 622-71
STRIP PARK
TAKE PARCEL. I
SOUTH SAKI rRANCISCO AN MATED CC�UMTY !CALIFORNIA SCALE. 1,p_7-n
P13
Exhibit B
AN OINETTE LANE & MISSION ROAD
LICENSED PREMISES
P14
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PIS
Exhibit C
DEFINITION OF HAZARDOUS MATERIAL, ENVIRONMENTAL LAWS
As used in this License, the teen "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 butylether, 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
the Resource Conservation and Recovery Act (42 U.S.C. § 6901 etse .), the Federal Water
Pollution Control Act (33 U.S.C. § 1251 et §N.), the Clean Air Act (42 U.S.C. § 7401 et seg.),
the Toxic Substances Control Act (15 U.S.C. § 2601 et seq.), the Oil Pollution Act (33 U.S.C,
§ 2701 et M.),the Emergency Planning and Community Right-to-Know Act (42 U.S.C.
§ 11001 et seq.), the Porter-Cologne Water Quality Control Act (Cal. Water Code § 13000 et
5N.), the Toxic Mold Protection Act (Cal. Health & Safety Code § 26100, et the Safe
Drinking Water and Toxic Enforcement Act of 1986 (Cal. Health & Safety Code § 25249.5 et
seq.), the Hazardous Waste Control Act (Cal. Health & Safety Code § 25100 et§,%), the
Hazardous Materials Release Response Plans & Inventory Act (Cal. Health & Safety Code
§ 25500 et sue.), and the Carpenter-Presley-Tanner Hazardous Substances Account Act (Cal.
Health and Safety Code, Section 25300 et seq.).
P16
Exhibit D
CONDITIONS OF APPROVAL
The following conditions shall be incorporated into the License Agreerrient. 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.
S. 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.
2379913 . 1
P1.7
Exhibit D
CONDITIONS OF APPROVAL
(.attach Conditions of Approval,)
1736192.1
P18
Exhibit D
CONDITIONS OF APPROVAL
The following conditions shall be incorporated into the License Agreenient. 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 SS F 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.
5, 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.
2379913.1
P19
device Mantes
PG&E Land Acquis4ion
2730 Gnteway oaks DI-ive,220
SRUSMentO,CA,95833
916-923-7008
Request to Extend Temporary License
November 4,2014
Successor Agency to the Redevelopment Agency
of the City of South San Francisco
400 Grand Avenue
South San Francisco, CA 94080
Re- L-132 South San Francisco Pipeline Replacement Project
APN. 093-312-050, San Mateo County
Dear Sir/Madame:
At Pacific Gas and Electric Company (PG&E),we're committed to strengthening our natural gas
transmission system to better serve our communities. As part of that commitment, we need to proceed
with our Line 132 South San Francisco Pipeline Replacement Project. In order to continue the
replacement of Line 132 South San Francisco, PG&E requests the extension of the Temporary License
Agreement to use the Successor Agency's property located on Antoinette Lane, South San Francisco,
which expires on December 31, 2014. The extension is necessary due to unanticipated Capital funding
issues, which resulted in the need to reschedule the remaining half of the project to be completed in
2015.
PG&E would like to extend the license agreement through June 30, 2015.
CO
extension is $65,7 )2. total for an additional six months {$9386/month), All other P,e'nsation for th
r terms and conditions
of the original license agreement will remain in effect(see attached license agreement),
Sincerely,
Jenice pontes
PG&E Land Acquisition
11/4/14
Enclosuresi PG&E—City of SSF Temporary License Agreement
P20
F a C;I,h G i,.��a t�I Jenice moutes
Eh-.,ch is cvrnpan 2730 GatQway,0ak9 Drive
Rooi,020
SUMITIentD,CA 95833
916-923-7005
916-923-7044(6x)
December 3, 2014
Mike Lappen,
City of South San Francisco
400 Grand Avenue
South San Francisco, CA 94080
Re: L132 South San Francisco Pipeline Replacement Project
Proposed Laydown Site—APIA: 093-312-060
So San Francisco Redevelopment Agency
Dear Mr, Lappen:
As part of Pacific Gas &Electric Company's effort to provide safe and reliable service to
existing customers and future development, PG&E will be continuing the completion of
its L132 South San Francisco Pipeline Replacement Project next year. Our anticipated
commence is scheduled January 5, 2015 and complete construction on June 30, 2015.
This phase of the project requires additional property for construction parking, equipment
staging and stockpiling of spoils. We have identified property that is owned by the South
San Francisco Successor Agency located on Mission Road,between Grand and Oak
Avenues, in South San Francisco,that would serve this purpose. Attached are a property
detail report and an aerial drawing showing the site location of the property.
I respectfiffly request approval by way of a License for the use of the property for the
period of January 5, 2015 through July 1,2015, We would appreciate approval as quickly
as possible so that we can schedule resources accordingly.
Please continue to communicate directly with Yoli Matranga,,Bender Rosenthal,Inc,
regarding this matter or if you require further information. Yoli can be reached on 916-
622-9352 or via email at
Sincerely,
Jcnice pontes
PG&E Land Acquisition
Attachment
P21
Pb v/�������p,�
Scott Hart
uu Industrial Road
Local Government Relations San Carlos,uv94070
Local Government Rwamns 650-598-7416
November 21, 2014
Mike Lappev
City otSouth San Francisco,
PG&E Line 132Replacement Project Update
Mike, per your request please see the Line 132 replacement project update below, Please let me know if
you need any additional information orclarification,
Reason for the exk naiom
Much like the City of South San Francisco does at the end of a fiscal year approaches, PG&E evaluate$its
projects syslem+midpaod prioritizes the allocation of remaining resources based on the various criteria of
which public safety and potent\a| risk.Based an this analysis PG&E^s work on 1\11isxion Road was
prioritized tmbecompieted |n 2O14, but other modernizat|un'for-in|ine-inspectiom elements ufthe
project were deferred tm the 78I5fisca|year,
2014 scope completed:
° Replacement of approximately 500 feet of pipeline between Sequoia and Holly Avenueson
Mission Road
� Colma Creek bore from Mission Road to Antoinette Lane
w Completed the installation across Chestnut Avenue along Centennial Trail to tie-in location at
South City[arwash
e Boring and installation ufabomt1Oo%mfthe pipeline from Centennial Trail to the southbound
side ofE| Cam|no Real
� Installation uf980 feet of pipeline mnH Camino Real
2Q1S project funding:
The 2015 scope has been fully funded to finish in 2015 barring any unforeseen delays 'not related to
funding.Since the project is being re-started in January and expects to be complete in the first half of the
fiscal year there is minimal chance of similar funding re-allocations thatresulted in this delay,
Deferred 2015 scope to be completed.
el Tie in BK bore to L-132 north
C, |mstaf|atimmof800 feet ufp|peflnennEi Camino Real
° installation and tie-in of the pipeline mn West Orange Avenue
P22
e insta I lation of 50feet uf pipeline onnorthbound 14Ubide Boulevard turning east onto San Bruno
Mountain
w Installation of a new mainkne valve station north of Hillside Boulevard On San Bruno Mountain
w Retirement of pipeline on Mission Road, under Cn|ma Creek and on Chestnut Avenue
* Retirement mf pipeline oaA Street and Orange Avenue
~ Resurfacing construction impacted segments on Mission Road and the Lawndale intersection
m Complete outstanding sewer inspections requested from 2Q12work
2015 work schedule:
a Mobili7ation for 2015 work on Mission Road and El Camino Real—Mid January
0 Principal installation and testing of 800 feet of pipOine on El Camino Real—End of January to end
of March
�
Retirement nf pipeline mnA-Stmeet and Orange Avenue—Beginning to end mYApril
�
Retirement mf pipeline pnMission Road, C*|oma Creek and Chestnut— Mid April to Mid May
� MisuionRoadnesurfadng—Mid-Maytmeady-Jwne
m
Mobilization for 2015 work on, Hillside Boulevard—Mid-January
�
Installation of new pipeline and main line valve—Mid-January to Mid-March
°
Retirement mf valve station—first half ofMay
� Resioradomofgradeandhydroseed|nR—EmdofMmy
P23