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2005-01-26 e-packet
AGENDA REDEVELOPMENT AGENCY CITY OF SOUTH SAN FRANCISCO REGULAR MEETING MUNICIPAL SERVICE BUILDING COMMUNITY ROOM WEDNESDAY, JANUARY 26, 2005 7:00 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 meetings of the Redevelopment Agency are held on the second and fourth Wednesday of each month at 7:00 p.m. in the Municipal Services Building, Community Room, 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 Community Room 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 Redevelopment 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. RAYMOND L. GREEN Chaff JOSEPH A. FERNEKES Vice Chair RICHARD A. GARBARINO, SR. Boardmember PEDRO GONZALEZ Boardmember KARYL MATSUMOTO Boardmember RICHARD BATTAGLIA Investment Officer SYLVIA M. PAYNE Clerk BARRY M. NAGEL Executive Director STEVEN T. MATTAS Counsel PLEASE SILENCE CELL PHONES AND PAGERS HEARING ASSISTANCE EQUIPMENT IS AVAILABLE FOR USE BY THE HEARING-IMPAIRED AT REDEVELOPMENT AGENCY MEETINGS CALL TO ORDER ROLL CALL AGENDA REVIEW PUBLIC COMMENTS CONSENT CALENDAR 1. Motion to approve the minutes of January 12, 2005 2. Motion to confirm expense claims of January 26, 2005 3. Resolution authorizing the execution of a purchase and sale agreement for the real property located at 380 Alta Vista Drive ADJOURNMENT REGULAR REDEVELOPMENT AGENCY MEETING JANUARY 26, 2005 AGENDA PAGE 2 Redevelopment Agency Staff Report AGENDA ITEM DATE: TO: FROM: SUBJECT: January 26, 2005 Redevelopment Agency Board Marty Van Duyn, Assistant Executive Director 380 ALTA VISTA PURCHASE AND SALE AGREEMENT RECOMMENDATION: Adopt a Resolution approving the Purchase and Sale Agreement for the property located at 380 Alta Vista and authorizing the Executive Director to execute the Agreement and Certificates of Acceptance. BACKGROLIND/DISCUS SION: The residential property located at 380 Alta Vista has, over the years, become dilapidated and a continuing source of concern for the neighborhood due to illegal construction and upwards of 6 separate living units within the dwelling. As a result of numerous complaints, the County Health Department and the District Attorney obtained a court order that prohibited the sale of the property without first correcting the health and building violations. At the time, the residence had up to 6 illegal units on the property. As the violations were being discussed, the property owners indicated they may be willing to sell the property to the Agency provided the District Attorney agreed to permit the sale. The Agency obtained an appraisal of the property that stated a fair market value of $675,000. The appraisal was based on comparable sales minus reasonable construction costs to meet minimum habitability standards. The property owners had an appraisal prepared on their behalf that stated the property's value at $685,000, based on comparable sales and the cost of remedying the code violations. The purchase price for the property at 380 Alta Vista is $685,000, which is less than one percent more than the Agency's appraised value and within the authority previously provided by the Agency. Pursuant to Agency Board direction, staff negotiated with the property owner to purchase the property for $685,000 and prepare a Purchase and Sale Agreement. The Purchase and Sale Agreement was prepared by Agency legal counsel and transmitted to the property owners. The property owners promptly signed the Agreement. Once approved by the Agency Board, staff will open an escrow and complete the purchase. We expect to have title to the property within 90 days. The purchase price and rehabilitation costs will be paid out of low and moderate income housing funds. Purchasing the property will eliminate a dangerous and dilapidated property. The Agency will rehabilitate the property and, after rehabilitation is complete, will lease it as a single family residence with a possible residential second unit both of which may be leased by persons of very low and/or low income. Staff Report Subject: Page 2 380 Alta Vista Purchase and Sale Agreement FUNDING Sufficient funds are available from the Agency's low and moderate income housing funds to acquire and rehabilitate the property. Marty Van Duyn L) Assistant Executive D~rector Attachment: Resolution Purchase and Sale Agreement RES OLUTION NO. REDEVELOPMENT AGENCY, CITY OF SOUTH SAN FRANCISCO STATE OF CALIFORNIA A RESOLUTION APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE PROPERTY LOCATED AT 380 ALTA VISTA DRIVE AND AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE THE AGREEMENT AND CERTIFICATES OF ACCEPTANCE WHEREAS, the residential property located at 380 Alta Vista has, over the years, become dilapidated and a continuing source of concern for the neighborhood due to illegal construction and upward of six living units within the dwelling; and WHEREAS, the Agency will rehabilitate the property, and after rehabilitation is complete, will lease it as a single family residence with a possible residential second unit both of which may be leased by persons of very low and/or low income; and WHEREAS, sufficient funds are available from the Agency's low and moderate income housing funds to acquire and rehabilitate the property. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of South San Francisco that the Redevelopment Agency hereby approves the Purchase and Sale Agreement for the property located at 380 Alta Vista Drive and authorizes the Executive Director to execute the Agreement and Certificate of Acceptance. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the Redevelopment Agency of the City of South San Francisco at a meeting held on the __ day of ., 2005 by the following vote: AYES: NOES: ABSTAIN: ABSENT: S:\old.Resol 2 00\l-26~05rda. doc ATTEST: City Clerk PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT ("Purchase .A, greement") is entered into this ~ day of ~ , 2005 ("Effective Date') by and between the REDEVELOPMENT~,,~ENC,Y,. (~F THE CITY OF SOUTH SAN FRANCISCO, a public body, corporate and politic ("Buyer") hnd AHMED, AYAD and JANE HUSSAIN, including the HUSSAIN FAMILY TRUST, ("Seller"). Recitals This Purchase Agreement is entered into upon the basis of the following facts, understandings and intentions of the parties: VCItEREAS, Seller is the owner of that certain real property, and all structures and improvements thereon, located at 380 Alta Vista Drive, SOUTH SAN FRANCISCO, California, in the Brentwood district, and more particularly described as APN 013-232-170; and VCftEREAS, Buyer desires to purchase from Seller, and Seller desires to sell to Buyer, on the terms and conditions in this Purchase Agreement, that certain real property, as shown on Legal Description Exhibit A, attached hereto and incorporated herein (the "Real Property"). The Real Property and any improvements thereon are collectively referred to herein as the "Property" and VCHEREAS, Buyer is a Redevelopment Agency existing pursuant to the Community Redevelopment Law, California Health and Safety Code Section 33000, et seq. Pursuant to its authority granted under California law, Buyer has the responsibility to carry out the Redevelopment Plan ("Redevelopment Plan") for the E1 Camino Redevelopment Project Area ("Project Area"); and IVttEREAS, the Property is located near an area governed by the E1 Camino Redevelopment Plan. The sale of the Property provided for in this Purchase Agreement and the future use of the Property by Buyer in the manner set forth herein is consistent with the Redevelopment Agency's goals to furnish very low and low income housing; and WHEREAS, Buyer desires to redevelop the Property to habitable standards and add it to its low income unit inventory for future leasing or sale, whichever the case may be; and WHEREAS, Buyer's acquisition of the Property will allow Buyer to redevelop the Property pursuant to the December 28, 2004 letter from the District Attorney, attached hereto as Exhibit D; and WIYEREAS, Buyer wishes to accept the Property for the purposes of redevelopment to provide additional housing opportunities to families of very low and low income, thereby assisting the Purchaser in meetings its goals in providing affordable housing; and WHEREAS, presently, the property is in such a condition that the San Mateo County District Attorney has prohibited the sale of the property to any private purchaser; and WHEREAS, the District Attorney has agreed to permit the sale of the Property to Buyer for the purposes of rehabilitating the Property and providing additional very low and low income housing opporttmities. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows. A.~reement to Sell and Purchase Seller agrees to sell and Buyer agrees to purchase the Property subject to the terms and conditions of this Agreement. Purchase Price. The purchase price for the Property shall be Six Hundred Eighty-Five Thousand Dollars ($685,000) ("Purchase Price"). .Conveyance of Title. At the close of escrow, Seller shall convey by grant deed to Buyer marketable fee simple title to the Property, free and clear of all recorded and unrecorded liens, encm~brances, assessments, leases and taxes except: A. the provisions and effect of the Redevelopment Plan; taxes for the fiscal year in which the escrow for this transaction closes, which shall be prorated as of the close of escrow and handled in accordance with Section 4986 of the California Revenue and Taxation Code; and such other conditions, liens, encumbrances, reslrictions and exceptions as may be approved in writing by Buyer ("Permitted Exceptions"). Escrow; Escrow Instruction,, Within ten (10) business days following the Effective Date, the Parties shall open an escrow to consummate the purchase and sale of the Property pursuant to this Agreement at the office of First American Title Company located in Redwood City California ("Title Company" or "Escrow Agent") or such other title company as may be mutually agreed upon by the Parties. Upon the opening of escrow, the Parties shall deposit with the Escrow Agent an executed copy of this Agreement, which shall serve as the joint escrow instructions of Buyer and Seller for this transaction, together with such additional instructions as may be executed by the Parties and delivered to the Escrow Agent. Earnest Money Deposit. Upon the opening of escrow and in no event later than fifteen (15) business days after the Effective Date, Buyer shall deposit the sum of Five Thousand Dollars ($5,000) "Earnest Money Deposit") into escrow in an interest bearing account for the benefit of Buyer. The Earnest Money Deposit, and all interest earned thereon, shall be applied to the Purchase Price at the close of escrow. All mnounts deposited by the Parties with the Escrow Agent, including the Earnest Money Deposit, shall be held in escrow in an interest-bearing account. Title Documents. Within ten (10) days following the opening of escrow, Seller shall deliver or cause to be delivered to Buyer a preliminary title report ("Preliminary Report") on the Property issued by the Title Company, setting froth all liens, encumbrances, easements, restrictions, conditions, pending litigation, judgments, administrative proceedings, and other matters of record affecting Seller's title to the Property, together with copies of all documents relating to exceptions listed in the Preliminary Report ("Title Exceptions") and complete and legible copies of all instruments referred to therein, as requested by Buyer. Buyer shall approve or disapprove each Title Exception within fourteen (14) days following Buyer's receipt of the Preliminary Report. Buyer's failure to object within such per/od shall be deemed to be a disapproval of the Title Exceptions. If Buyer objects or is deemed to have disapproved any Title Exception, Seller shall use its best efforts at Seller's sole expense to remove from title or otherwise satisfy each such exception no later than fourteen (14) days prior to the close of escrow and in a form that is reasonably satisfactory to Buyer. If Seller fails to remove or satisfy any Title Exception to the satisfaction of Buyer, Buyer shall have the option, in its sole discretion, to terminate this Agreement or to accept title subject to such exception. In the event Buyer elects to terminate this Agreement, the Earnest Money Deposit, including interest thereon, and all other funds and documents deposited into escrow by or on. behalf of Buyer shall be returned to Buyer, and all rights and obligations hereunder shall terminate. It shall be a condition to the close of escrow that Title Company shall deliver to Buyer, within five (5) days after Buyer has approved the Preliminary Report pursuant to this Section, and in no event later than seven (7) days prior to the close of escrow, a title commitment for an ALTA Owner's Title Insurance Policy ("Title Policy") to be issued by Title Company in the amount of the Purchase Price for the benefit and protection of Buyer, showing title to the Property vested in Buyer, subject only to the Permitted Exceptions, including such endorsements as may reasonably be requested by Buyer, and committing Title Company to issue the Title Policy to Buyer upon the close of escrow. Closing Documents and Funds. A. Seller. Within twenty-five (25) days following the opening of escrow, Seller shall deposit into escrow all of the following: ao A Grant Deed, substantially in the form attached hereto as Exhibit B ("Grant Deed"), duly executed and acknowledged, conveying to Buyer good and marketable fee simple title to the Property, subject only to exceptions approved pursuant to this Agreement, Seller's affidavit of non-foreign status and Seller's certification that Seller is a resident of California, each executed by Seller under penalty of perjury as required by state and federal law; and Such additional duly executed instruments and documents as the Escrow Agent may reasonably require to consummate the transaction contemplated hereby. o Unless Seller elects to have the following charges deducted from the funds to be distributed to Seller at close of escrow, no later than one (1) business day pr/or to close of escrow, Seller shall deposit into escrow immediately available funds in the amount necessary to pay: a. all governmental conveyance fees and transfer taxes; and b. one-half (1/2) of all title insurance and title report costs; and c. one-half of all escrow fees and recording fees. B. Buyer. Within twenty-five (25) days following the opening of escrow, Buyer shall deposit into escrow all of the following: ao bo A duly executed Certificate of Acceptance in the form shown in Exhibit C, as required by California Government Code Section 27281; Written confmuation from the District Attorney that the sale is permitted to proceed; and Such additional duly executed instruments and documents as the Escrow Agent may reasonably require to consummate the transaction contemplated hereby. ° No less than one (1) business day pr/or to the close of escrow, Buyer shall deposit into escrow immediately available funds in the amount, which together with the Earnest Money Deposit plus interest thereon, if any, is equal to the Purchase Price as adjusted by any prorations between the Parties and one-half (1/2) of all title insurance and title report costs, escrow fees, and recording fees. Close of Escrow. The Parties intend to close escrow within forty-five (45) days following the date upon which escrow is opened, unless this Agreement is terminated pursuant to the terms hereof. The Escrow Agent shall close escrow by: A. Causing the Grant Deed to be recorded in the official records of San Mateo County, California; B. Issuing the Title Policy and delivering same to Buyer; Delivering to Seller the monies constituting the Purchase Pr/ce less prorated amounts and charges to be paid by or on behalf of Seller; and Delivering to Buyer the original Grant Deed, together with a conformed copy thereof indicating recording information thereon. Possession of the Property shall be delivered to Buyer at the close of escrow. 4 12. 10. 11. ClosinR Costs. Each Party shall pay one-half (1/2) of all title insurance and title report costs, escrow fees (including the costs of preparing documents and instruments), and recording fees. Seller shall pay all governmental conveyance fees and all transfer taxes. Prorations. At the close of escrow, the Escrow Agent shall prorate property taxes as of the close of escrow based upon the most recent tax bill available, including any property taxes which may be assessed after the close of escrow but which pertain to the period prior to the transfer of title to the Property to Buyer, regardless of when or to whom notice thereof is delivered. Any property related service bond or assessment that constitutes a lien on the Property at the close of escrow shall be assumed by Buyer. Buyer's Conditions to Closin~ The close of escrow and Buyer's obligation to purchase the Property are conditioned upon: Ao The performance by Seller of each obligation to be performed by Seller under this Agreement within the applicable time period, or the waiver by Buyer of such obligation; Seller's representations and warranties contained in this Agreement being true and correct as-of the Effective Date and the close of escrow; Commitment by Title Company to issue and deliver the Title Policy, subject only to the Permitted Exceptions; and D. Buyer's approval of the condition of the Property pursuant to Section 12. Should any condition to closing fail to occur, excepting any such conditions that have been waived by Buyer, Buyer shall have the right, exercisable by giving written notice to Seller, to cancel the escrow, terminate this Agreement, and recover any and all amounts paid by Buyer to Seller or deposited with the Escrow Agent by or on behalf of Buyer, including the Earnest Money Deposit and interest thereon. The exercise of this right by Buyer shall not constitute a waiver by Buyer of any other rights Buyer may have at law or in equity. Buyer's Additional Conditions to Closin~. Notwithstanding any prior inspections of the Property by Buyer, Buyer's obligation to purchase the Property is also conditioned upon Buyer's review and approval of the condition of the Property pursuant to this Section. Feasibility Studies. During the period commencing on the Effective Date and ending on the twentieth (20th) day after the opening of escrow ("Due Diligence Period") Buyer may, at Buyer's expense, undertake an inspection and review of the Property. Review of the Property, including inspection of the premises, shall not be limited in any respect. If Buyer elects to conduct environmental investigations, and Buyer's environmental consultants require additional time to 13. 14. determine the existence and extent of any Hazardous Materials on the Property, Buyer shall have the right, exercisable by delivering written notice to Seller prior to the expiration of the Due Diligence Period, to extend the Due Diligence Period for up to fifteen (15) additional days to complete the testing. Other matters. During the Due Diligence Period, Buyer may inspect, examine, survey and review any other matters concerning the Property, including without limitation, any and all studies or reports provided by Seller, all contracts, leases, rental agreements and other obligations relating to the Property, and the Property's conformity with all applicable laws and regulations. During the Due Diligence Period, Buyer shall have the right to perform due diligence regarding the investigation, assessment, and monitoring of the environmental condition of the Property, and upon completion of the Due Diligence Period, unless Buyer elects to terminate this Agreement pursuant to the terms hereof, Buyer will purchase the Property in its "AS IS" condition as such condition exists at the end of the Due Diligence Period. Disapproval of Property Condition. Should Buyer fail to approve the condition of the Property or its feasibility for Buyer's intended use in writing within five (5) days following the end of the Due Diligence Period, Buyer shall have the right, exercisable by giving written notice to Seller, to cancel the escrow, terminate this Agreement, and recover any and all amounts paid by Buyer to Seller or deposited with the Escrow Agent by or on behalf of Buyer, including the Earnest Money Deposit and interest thereon. The exercise of this right by Buyer shall not constitute a waiver by Buyer of any other rights Buyer may have at law or in equity. Studies, Reports and Investigations. Seller agrees to make available to Buyer within five (5) business days following the Effective Date, any and all information, studies, reports, investigations, contracts, leases, rental agreements and other obligations concerning or relating to the Property which are in Seller's possession or which are reasonably available to Seller, including without limitation surveys, studies, reports and investigations concerning the Property's physical, environmental or geological condition, habitability, or the presence or absence of Hazardous Materials in, on or under the Property and the compliance by the Property with Environmental Laws (as defined in Exhibit C). Seller's Conditions to Closing. The close of escrow and Seller's obligation to sell the Property pursuant to this Agreement are conditioned upon: A. The performance by Buyer of each obligation to be performed by Buyer under this Agreement within the applicable time period, or waiver by Sellel- of such obligation; B. Buyer's representations and warranties contained in this Agreement being true and correct as of the Effective Date and the close of escrow; and 15. Close of escrow to occur and consummation of the transfer of the Property from Seller to Buyer no later than April 30, 2004. Seller's Representations and Warranties. Seller hereby represents and warrants that except as disclosed in writing to Buyer, as of the Effective Date and as of the close of escrow, to the best knowledge of Seller: A. Property Condition and Condition of Title 9. 10. 11. The Property is free and has always been free of Hazardous Materials and is not and has never been in violation of any Environmental Law; and Seller has received no notice, warning, notice of violation, administrative complaint, judicial complaint, or other formal or informal notice alleging that conditions on the Property are or have ever been in violation of any Environmental Law or informing Seller that the Property is subject to investigation or inquiry regarding Hazardous Materials on the Property or the potential violation of any Environmental Law; and No toxic or hazardous chemicals, waste, or substances of any kind have ever been spilled, disposed of, or stored on, under or at the Property, whether by accident, burying, drainage, or storage in containers, tanks, holding areas, or any other means; and Seller has disclosed to Buyer all information, records, and studies in Seller's possession or reasonably available to Seller relating to the Property concerning matters covered by this section; and Except as otherwise disclosed to Buyer, Seller has not received any notice from any governmental authority of any threatened or pending zoning, building, frre, or health code violation or violation of other governmental regulations concerning the Property that have not previously been corrected, and no condition on the Property violates any health, safety, fire, environmental, sewage, building, or other federal, state or local law, ordinance or regulation; and No contracts, licenses, leases or commitments regarding the maintenance or use of the Property or allowing any third party rights to use the Property are in force; and Except as otherwise disclosed to Buyer, there are no threatened or pending actions, suits, or administrative proceedings against or affecting the Property or any portion thereof or the interest of Seller in the Property; and There are no threatened or pending condemnation, eminent domain, or similar proceedings affecting the Property or any portion thereof; and Seller has not received any notice from any insurer of defects of the Property which have not been corrected; and There are no natural or artificial conditions upon the Property or any part thereof that could result in a material and adverse change in the condition of the Property; and All information that Seller has delivered to Buyer, either directly or 16. 12. through Seller's agents, is accurate and complete; and Seller has disclosed all material facts concerning the Property. Documents and Authority to Convey 1. Seller represents and warrants that this Agreement and all other documents delivered or to be delivered in connection herewith prior to or at the close of escrow have been duly authorized, executed, and delivered by Seller; are binding obligations of Seller; are collectively sufficient to transfer all of Sellerts right, title and interest in and to the Property; and do not violate the provisions of any agreement to which Seller is a party or which affects the Property; and 2. Seller represents and warrants that the persons who have executed this Agreement on behalf of Seller are author/zed to do, that Seller has the legal right to enter into this Agreement and to perform all of its terms and conditions, and that this Agreement is enforceable against Seller in accordance with its terms. C. Duty to Disclose Seller shall notify Buyer of any facts that would cause any of the representations contained in this Agreement to be untrue as of the close of escrow. If Buyer reasonably believes that a fact materially and adversely affects the Property, Buyer shall have the option to terminate this Agreement by delivering written notice thereof to Seller. In the event Buyer elects to terminate this Agreement, the Earnest Money Deposit, including interest thereon, and all other funds and documents deposited into escrow by or on behalf of Buyer shall be returned to Buyer, and all rights and obligations hereunder shall terminate. D. Duty to Indemnify Seller shall indemnify, defend and hold harmless Buyer from all loss, cost, liability, expense, damage or other injury, including with~)ut limitation, attorneys' fees and all other costs and expenses incurred by reason of, or in any manner resulting from the breach of any representation or warranty contained in this Section. Seller's Covenants. Seller covenants that from the Effective Date and through the close of escrow, Seller: Shall not permit any liens, encumbrances, or easements to be placed on the Property, other than Permitted Exceptions; and Shall not enter into any agreement regarding the use, sale, rental, management, repair, improvement, or any other matter affecting the Property that would be binding on Buyer or the Property after the close of escrow without the prior written consent of Buyer; and 17. 18. Shall not permit any act of waste or act that would tend to dim/nish the value of the Property for any reason, except that caused by ordinary wear and tear; and Shall maintain the Property in its condition as of the Effective Date, ordinary wear and tear excepted, and shall manage the Property substantially in accordance with Seller's established practices. Buyer's Representations~ Warranties and Covenants. Buyer represents, warrants and covenants that this Agreement and all other documents delivered in connection herewith, prior to or at the close of escrow: A. Have been duly authorized, executed, and delivered by Buyer; B. Are binding obligations of Buyer; C. Do not violate the provisions of any agreement to which Buyer is a party. Buyer further represents and warrants that the persons who have executed this Agreement on behalf of Buyer have are duly authorized to do, that Buyer has the legal fight to enter into this Agreement and to perform all of its terms and conditions, and that Agreement is enforceable against Buyer in accordance with its terms. Damage and Destruction. Claims for damage to the property shall be allocated as follows: In the event of any damage or other loss to the Property, or any portion thereof, caused by fire or other casualty prior to the close of escrow in an amount not exceeding $50,000 Buyer shall not be entitled to terminate this Agreement but shall be obligated to close the escrow and purchase the Property as provided in this Agreement, without abatement in the Purchase Price, provided that Seller shall: Assign and transfer to Buyer all of Seller's fights under any insurance policy covering the damage or loss; Assign and transfer all claims for monies payable from Seller's insurer(s) in connection with the damage or loss; and, Pay to Buyer at the close of escrow the amount of Seller's deductible under the insurance policy or policies covering the damage or loss. In the event of damage or destruction of the Property or any portion thereof pfior to the close of escrow in an amount in excess of $50,000, Buyer may elect either to terminate this Agreement upon written notice to Seller, or to consummate the purchase of the Property, in which case Seller shall: Co Assign and transfer to Buyer all of Seller's rights under any insurance policy covering the damage or loss; Assign and transfer all claims for monies payable from Seller's insurer(s) in connection with the damage or loss; and, Pay to Buyer at the close of escrow the amount of Seller's deductible under the insurance policy or policies covering the damage or loss. In the event Buyer elects to terminate this Agreement, the Earnest Money Deposit, including interest thereon, and all other funds and documents deposited into escrow by or on behalf of Buyer shall be returned to Buyer, and all rights and obligations hereunder shall terminate. 19. 20. 21. Brokers. Each Party warrants and represents to the other that no person or entity can properly claim a right to a real estate commission, brokerage fee, £mder's fee, or other compensation with respect to the transaction contemplated by this Agreement. Each Party agrees to defend, indemnify and hold harmless the other Party from any claims, expenses, costs or liabilities arising in connection with a breach of this warranty and representation. The terms of this Section shall survive the expiration or earlier termination of this Agreement. Assignment. Buyer shall have the right to assign all rights and obligations under this Agreement to any party., provided Seller consents to such assignment which consent shall not be unreasonably withheld, conditioned, or delayed. Notices. Except as otherwise specified in this Agreement, all notices to be sent pursuant to this Agreement shall be made in writing, and sent to the Parties at their respective addresses specified below or to such other address as a Party may designate by written notice delivered to the other parties in accordance with this Section. All such notices shall be sent by: A. Personal delivery, in which case notice is effective upon delivery; and B. Certified or registered mail, return receipt requested, in which case notice shall be deemed delivered on receipt if delivery is confirmed by a return receipt; and Nationally recognized overnight courier, with charges prepaid or charged to the sender's account, in which case notice is effective on delivery if delivery is confirmed by the delivery service; and Facsimile transmission, in which case notice shall be deemed delivered upon transmittal, provided that (a) a duplicate copy of the notice is promptly delivered by first-class or certified mail or by overnight delivery, or (b) a transmission report is generated reflecting the accurate transmission thereof. Any notice given by facsimile 10 22. 23. 24. 25. shall be considered to have been received on the next business day if it is received after 5:00 p.m. recipient's time or on a non-business day. Buyer: South San Francisco Redevelopment Agency City Hall, 400 Grand Avenue South San Francisco, CA 94083 Attention: Executive Director Telephone: (650) 829-6620 Facsimile: (650) 829-6623 with a copy to: Meyers, Nave, Riback, Silver & Wilson 555 12th Street, Suite 1500 Oakland, CA 94607 Attention: Steven T. Mattas, Agency Counsel Seller: Ayad and Jane Hussain l~h na~ ~ b{ ~$7~ el [insert notice address and telephone number[ [ g~ Q. zli~¢II4 ~', Litieation Costs. If any legal action or any other proceeding, including arbitration or action for declaratory relief, is brought for the enforcement of this Agreement or because of an alleged breach or default in connection with this Agreement, the prevailing Party shall be entitled to recover reasonable attorneys' fees and other costs, in addition to any other relief to which such Parc- may be entitled. Waivers; Modification. No waiver of any breach of any covenant or provision of this Agreement shall be deemed a waiver of any other covenant or provision hereof, and no waiver shall be valid unless in writing and executed by the waiving party. An extension of time for performance of any obligation or act shall not be deemed an extension of the time for performance of any other obligation or act, and no extension shall be valid unless in writing and executed by the waiving party. This Agreement may be amended or modified only by a written instrument executed by the Parties. .Successors. The obligation of Seller to sell the Property and the obligation of Buyer to purchase the Property pursuant to this Agreement shall bind and inure to the benefit of the respective heirs, personal representatives, successors and assignees of the Parties. Provisions Not Merged With Deeds. None of the provisions, terms, representations, warranties and covenants of this Agreement are intended to or shall be merged by the Grant Deed, and neither the Grant Deed nor any other document shall affect or impair the provisions, terms, representations, warranties and covenants contained herein. Without limiting the generality, of the foregoing, Seller's representations, warranties and covenants contained herein shall survive the close of escrow. 11 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. Construction. The section headings used herein are solely for convenience and shall not be used to interpret this Agreement. Action or Approval. Where action and/or approval by Buyer is required under this Agreement, Buyer's Executive Director may act on and/or approve such matter unless the Executive Director determines in his or her discretion that such action or approval requires referral to Buyer's Board for consideration. The time per/ods afforded Buyer for any event, inspection, feasibility, due diligence, escrow closing or otherwise shall not be extended by any such referral to Buyer's Board. Entire Agreement. This Agreement, including Exhibits A to D attached hereto and incorporated herein by this reference, contains the entire agreement between the Parties with respect to the subject matter hereof, and supersedes all prior written or oral agreements, understandings, representations or statements between the Parties with respect to the subject matter thereto. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be an original and all of which taken together shall constitute one and the same instrument. Severabilit¥. 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. No Third Party Beneficiaries. Nothing in this Agreement is intended to or shall confer upon any person, other than the Parties and their respective successors and assig-ns, any rights or remedies hereunder. Parties Not Co-Venturers. Nothing in this Agreement is intended to or shall establish the Parties as partners, co-venturers, or principal and agent with one another. Non-Liability of Officials, Employees and Agents. No member, official, employee or agent of Buyer shall be personally liable to Seller or its successors in interest in the event of any default or breach by Buyer or for any amount which may become due to Seller or its successors in interest pursuant to this Agreement. Time of the Essence. Time is of the essence for each condition, term, obligation and provision of this Agreement. Governin~ Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to principles of conflicts of laws. Time for Performance. When the time for perfonr~ance of any obligation under this Agreement is to be measured from another event, such time period shall include the day of the other event. If the day of the time for performance is not a regular business day, 12 then the time for such performance shall be by the regular business day following such day. IN WITNESS WHEREOF, the Parties have executed this Ageement as of the date first written above. BL~f'ER: SOUTH SAN FRANCISCO REDEVELOPMENT AGENCY ATTEST: By: Barry M. Nagel, Executive Director By: Sylvia M. Payne, Agency Secretary APPROVED AS TO FORM: By: 'St~ven T.M~ttas, Agency Counsel 728426V2; 738-001 SELLERS: ~v' .~ ......... ' .A~;id Hus~ain,'an Individual and on behalf of the Hussain Family Trust Hussain, an Individual Ah~ed Hussain, an Individual 13 Exhibit A LEGAL DESCRIPTION (Attach legal description.) Exhibit B GRANT DEED RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF SOUTH SAN FRANCISCO REDEVELOPMENT AGENCY P.O. Box 711 South San Francisco, CA 94083 Attn: Executive Director MAIL T,4X STATEMENTS TO: Same as Above (Space Above This Line Reserved For Recorder's Use) GRANT DEED For valuable consideration, receipt of which is hereby acknowledged, Ahmed, Ayad and Jane Hussain, as individuals and on behalf of the Hussain Family Trust, (individually "Grantor") hereby grants to the City of South San Francisco Redevelopment Age.ncy, a public body, corporate and politic ("Grantee") all that real property located in the City of South San Francisco, County of San Mateo, State of California described in Exhibit A attached hereto and incorporated herein. IN WITNESS WltEREOF, Grantors each have executed this Grant Deed as of ,2005. GRANTOR(S) / -~yyad Hussain, an Individual and on behalf of Hussain Family Trust in, an Individual Jane ~ussain, an Individual EXHIBIT A (Attach legal description) ACKNOWLEDGMENT State of California ) ) SS. County of San Mateo ) On ',5 ~ c~ ~ O, ~ ~ ~ % before me, a Notary Public, personally appeared .'~ ct ~ o ~. aAo 5,.5 c,.C ~, ~ (or proved to me on the basis of satisfactory evidence) to be the person) whose nam~l:~sgare subscribed to the ' within instrument and acknowledged to me that hCgh~they executed the same in ~their authorized capaci~, and that by ~sCla~/their signature_0 on the instrument the persol~, or the entity upon behalf of which the perso~_~acted, executed ~..~ % ~ ~--cL .~ the instrument. N T~yTNESS m~hand and official seal. CERTIFICATE OF ACCEPTANCE This is to certify that the interest in r~tsp~ conveyed by the Grant Deed dated ,2005, from Ayad~//d Jane Hussain, to the City of South San Francisco Redevelopment Agency, a public body, corporate and politic ("Agency"), is hereby accepted on behalf of the Agency by its Executive Director pursuant to authority conferred by Resolution No. __, adopted by the Agency on ,2005, and that the Grantee consents to recordation of the Grant Deed by its duly authorized officer. Dated ,2005 By: Barry M. Nagel, Executive Director ATTEST: By: Sylvia M. Payne, Agency Secretary APPROVED AS TO FORaM: / By: ~ ACKNOWLEDG~v~NT State of California ) ) SSo County of San Mateo ) On before me, a Notary Public, personally appeared ., personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. NOTARY PUBLIC Exhibit C [¥AZARDO US MA TERZ4LS; ENV£R ONMENTAL LA W "Hazardous Materials" means any substance, material or waste which is or becomes regulated by any federal, state or local governmental authority, and includes without limitation (i) petroleum or oil or gas or any direct or indirect product or by-product thereof; (ii) asbestos and any material containing asbestos; (iii) any substance, material or waste regulated by or listed (directly or by reference) as a "hazardous substance", "hazardous material", "hazardous waste", "toxic waste", "toxic pollutant", "toxic substance", "solid waste" or "pollutant or contaminant" in or pursuant to, or similarly identified as hazardous to human health or the environment in or pursuant to, the Toxic Substances Control Act [15 U.S.C. 2601, et seq.]; the Comprehensive Environmental Response, Compensation and Liability Act [42 U.S.C. Section 9601, et seq.], the Hazardous Materials Transportation Authorization Act [49 U.S.C. Section 5101, 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. Section 1251], the Clean Air Act [42 U.S.C. Section 7401, et seq.], the California Underground Storage of Hazardous Substances Act [California Health and Safety Code Section 25280, et seq.], the California Hazardous Substances Account Act [California Health and Safety Code Section 25300, et seq.], the California Hazardous Waste Act [California Health and Safety Code Section 25100, et seq.], the California Safe Drinking Water and Toxic Enforcement Act [California Health and Safety Code Section 25249.5, et seq.], and the Porter-Cologne Water Quality Control Act [California Water Code Section 13000, et seq.], as they now exist or are hereafter amended, together with any regulations promulgated thereunder; (iv) any substance, material or waste which is defined as such or regulated by any "Superfund" or "Superlien" law, or any Enviromr~ental Law; or (v) any other substance, material, chemical, waste or pollutant identified as hazardous or toxic and regulated under any other federal, state or local environmental law, including without limitation, asbestos, polychlorinated biphenyls, petroleum, natural gas and synthetic fuel products and by- products. "Environmental Law" means all federal, state or local statutes, ordinances, rules, regulations, orders, decrees, judgments or common law doctrines, and provisions and conditions of permits, licenses and other operating authorizations regulating, or relating to, or imposing liability or standards of conduct concerning (i) pollution or protection of the environment, including natural resources; (ii) exposure of persons, including employees and agents, to Hazardous Materials (as defined above) or other products, raw materials, chemicals or other substances; (iii) protection of the public health or welfare from the effects of by-products, wastes, emissions, discharges or releases of chemical substances from industrial or commercial activities; (iv) the manufacture, use or introduction into commerce of chemical substances, including without limitation, their manufacture, formulation, labeling, distribution, transportation, handling, storage and disposal; or (iv) the use, release or disposal of toxic or hazardous substances or Hazardous Materials or the remediation of air, surface waters, groundwaters or soil, as now or may at any later time be in effect, including but not limited to the Toxic Substances Control Act [15 U.S.C. 2601, et seq.]; the Comprehensive Environmental Response, Compensation and Liability Act [42 U.S.C. Section 9601, et seq.], the Hazardous Materials Transportation Authorization Act [49 U.S.C. Section 5101, 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. Section 1251], the Clean Air Act [42 U.S.C. Section 7401, et seq.], the California Underground Storage of Hazardous Substances Act [California Health and Safety Code Section 25280, et seq.], the California Hazardous Substances Account Act [California Health and Safety Code Section 25300, et seq.], the California Hazardous Waste Act [California Health and Safety Code Section 25100, et seq.], the California Safe Drinking Water and Toxic Enforcement Act [California Health and Safety Code Section 25249.5, et seq.], and the Porter-Cologne Water Quality Control Act [California Water Code Section 13000, et seq.], as they now exist or are hereafter amended, together with any regulations promulgated thereunder. Exhibit D December 28, 2004 letter from San Mateo County District Attorney James P. Fox Disirict Aiiorney/Pubhe Adm nzs rator STEPHEN ~. WAGSTAFFE CHIEF CRIMINAL DEPUTY ASSISTANT DISTRICT ATTORNEYS MARTIN T. MURRAY MORLEY PITT CO TY OF SAN MATEO 400 COUNTY CENTER, 3~D FLOOR · REDWOOD CITY o CALIFORNIA 94063 PUBLIC ADMINISTRATOR (650) 363-4475 . DISTRICT ATTORNEY (650) 363-4636 December 28, 2004 Marly VanDuyn Assistant City Manager City of South San Francisco 400 Grand Avenue South San Francisco, CA 94080' RE: People v. Avad Hussain. et al. No. CIV 429589 Dear Mr. VanDuyn: You have advised me that the City of South San Francisco is interested in purchasing the property located at 380 Alta Vista Drive, South San Francisco. As you know, this is one of the properties that are subject to a Stipulated Final Judgment of the San Mateo County Superior Court that was entered on March 17, 2003 (copy enclosed). The Judgment was obtained as a result of a lawsuit filed by the District Attorney's Office against the owners ora number of properties that were being maintained in violation of housing health and fire safety laws. The Judgment requires that all of the violations be corrected and thereafter the buildings be maintained in full compliance wkh applicable housing health and fire safety laws. Paragaph 4G of the Judgment prohibits the defendants from selling any of the covered properties until the required corrections have been made. The purpose of para,apb 4G is to prevent a situation where a property is not brought into compliance with housing and fn'e safety laws and then is sold to another individual who continues to operate the property in violation, necessitating a new legal enforcement action. If the District Attorney's Office could be assured by the City, in writing, that all repairs required by the Judgment would be made, that they would be made by licensed contractors with required permks, and that the building would be thereafter maintained in full compliance with housing (Health and Safety Code Sections 17920.3 et seq.) and fire safety laws, our enforcement goals would be met. Although we would not accept this assurance from a private individual, we will accept it from the City because we recognize that there is a higher level of accountability. The City of course has its own responsibilities for ensuring compliance with housing and fire safety laws. The above-described letter should be addressed to the "District Attorney of San Mateo County," directed to my attention and signed on behalf of the City of South San Francisco. Upon receipt of this letter, the District Attorney's Office will be willing to not enforce para,apb 40 to allow a sale of 380 Alta Vista Drive to the City of South San Francisco. Please feel free to contact me at (650) 363-4098 if you have any questions or would like to discuss this matter, i appreciate your keeping me advised of the status of this matter. Very truly yours, JAMt~S P, FOX, DISTRICT ATTORNEY De}~tty h Ch~.e Consmer & Envkoment~ Uni~ enclosure SPECIAL MEETING CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, California 94083 Meeting to be held at: MUNICIPAL SERVICES BUILDING CITY COUNCIL COMMUNITY ROOM 33 ARROYO DRIVE WEDNESDAY, JANUARY 26, 2005 7:05 P.M. NOTICE IS HEREBY GIVEN, pursuant to Section 54956 of the Government Code of the State of California, the City Council of the City of South San Francisco will hold a Special Meeting on Wednesday, the 26th day of January, 2005, at 7:05 p.m., in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco, California. Purpose of the meeting: 1. Call to Order Roll Call Public Comments - comments are limited to items on the Special Meeting Agenda Pursuant to Government Code Section 54956.9(a): conference wifli legal counsel - existing litigation, Kotobuki Trading Company, Inc., et al. v. City of South San Francisco, et al. Adjournment Ci't~' C1 erk AGENDA CITY COUNCIL CITY OF SOUTH SAN FRANCISCO REGULAR MEETING MUNICIPAL SERVICE BUILDING COMMUNITY ROOM WEDNESDAY, JANUARY 26, 2005 7:30 P.M. PEOPLE OF SOUTH SAN FRANCISCO You are invited to offer your suggestions. In order that you may know our method of conducting Council business, we proceed as follows: The regular meetings of the City Council are held on the second and fourth Wednesday of each month at 7:30 p.m. in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco, California. Public Comment: For those wishing to address the City Council on any Agenda or non-Agendized item, please complete a Speaker Card located at the entrance to the Council Chamber's and submit it to the City Clerk. Please be sure to indicate the Agenda Item # you wish to address or the topic of your public comment. California law prevents the City Council 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 (optional) for the Minutes. COMMENTS ARE LIMITED TO THREE (3) MINUTES PER SPEAKER. Thank you for your cooperation. The City Clerk will read successively the items of business appearing on the Agenda. As she completes reading an item, it will be ready for Council action. RAYMOND L. GREEN Mayor JOSEPH A. FERNEKES Mayor Pro Tem RICHARD A. GARBARINO, SR. Councilman PEDRO GONZALEZ Councilman KARYL MATSUMOTO Councilwoman RICHARD BATTAGLIA City Treasurer SYLVIA M. PAYNE City Clerk BARRY M. NAGEL City Manager STEVEN T. MATTAS City Attorney PLEASE SILENCE CELL PHONES AND PAGERS HEARING ASSISTANCE EQUIPMENT AVAILABLE FOR USE BY THE HEARING IMPAIRED AT CITY COUNCIL MEETINGS CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS · Project Read Update - Literacy Program Manager Holly Fulghum-Nutters AGENDA REVIEW PUBLIC COMMENTS ITEMS FROM COUNCIL · Appointments to Council Subcommittees · Announcements · Committee Reports CONSENT CALENDAR 1. Motion to approve the minutes of January 11 and 12, 2005 2. Motion to confirm expense claims of January 26, 2005 3. Resolution authorizing a master lease agreement through the Association of Bay Area Governments for vehicle purchases 4. Resolution awarding construction contract to Cagwin & Dorward for the Common Greens Tree Removal Project in the amount of $66,560 5. Resolution authorizing a license agreement with Shell California Pipeline Company for operating petroleum pipeline 6. Resolution supporting an application for the City/County Association of Governments' Transit Oriented Development Incentive Program 7. Resolution authorizing the acceptance of grant funds from Genentech, Inc., to the Police Department to benefit community youth, in the amount of $10,000 8. Acknowledgement of proclamation issued: Mike Rozzi, retiree, 1/14/05 ADMINISTRATIVE BUSINESS 9. Discussion and appointments to Historic Preservation Commission, Housing Authority, Parking Place Commission, Parks & Recreation Commission, Personnel Board and Planning Commission COUNCIL COMMUNITY FORUM ADJOURNMENT REGULAR CITY COUNCIL MEETING AGENDA JANUARY 26, 2005 PAGE 2 CITY OF SOUTH SAN FRANCISCO INTER-OFFICE MEMORANDUM DATE: TO: FROM: SUBJECT: January 11, 2005 Council Members Ray Green 2005 COUNCIL COMMITTEE ASSIGNMENTS LIAISON Kaiser Hospital Oyster Point Advisory Sister Cities SSF Chamber of Commerce SSF Preservation Task Force SSF School District SUBCOMMITTEES BART Community Development Block Grant Day In The Park Finance/Budget/Audit Housing Investment LOCAL & REGIONAL Airport Community Round Table & Land Use Committee Airport/ANIP Association of Bay Area Governments City/County Association of Governments Conference Center Authority JPA-ALS-EMS Peninsula Congestion Relief Alliance SMC Operational Area Emergency Services Water Transit Authority Fernekes/Green Gonzalez/Green Fernekes/Green Gonzalez/Matsumoto Gonzalez Garbarino/Gonzalez Gonzalez/Matsumoto Garbarino/Matsumoto Fernekes/Matsumoto Fernekes/Green Fernekes/Matsumoto Fernekes/Matsumoto Green/Garbarino (A) Garbarino/Green Garbarino/Fernekes (A) Matsumoto/Fernekes (A) Fernekes/Matsumoto Green Garbarino Garbarino Gonzalez/Fernekes (A) AGENDA ITEM #3 II DATE: January 26, 2005 TO: The Honorable Mayor and City Council FROM: Jim Steele, Finance Director SUBJECT: ABAG IJEASING PROGRAM RECOMMENDATION: It is recommended that the City Council adopt a resolution authorizing the City Manager to sign documents for a Master Lease Agreement with the Municipal Finance Corporation, through the ABAG Leasing Program, to acquire a Basic Life Support (BLS) Ambulance and a Fire Training Vehicle. B AC KGROU-r,4-D/DiS CU S S iON: The Association of Bay Area Governments (ABAG) offers a leasing program through the ABAG Financial Services division. The ABAG Leasing Program is designed to provide cities and other agencies with the lowest possible market lease rates on a tax-exempt basis. The City has used lease/purchase financing of heavy equipment in the past to take advantage of tax exempt financing for expensive equipment. The advantage in using the ABAG Leasing Program is that lower interest rates can be obtained through competitive bidding with minimal underwriting, administrative, and legal fees. The Municipal Finance Corporation will facilitate the bidding process and recommend qualifying bidders to the City. Access to a wider range of lenders should result in lower rates for the City's leasing transactions. The Municipal Finance Corporation will also assist the City in negotiating lease purchase terms, preparing final documentation of lease agreements, and in closing financing. The acquisitions of the new BLS Ambulance and Fire Training Vehicle are already included in the current amended budget. Under the ABAG Leasing Program, the City will pay for the acquisition costs up front and be reimbursed for these purchases from lease proceeds, and then make payments over the term of the ,leases. Staff Report Tol Re: Date: Honorable Mayor and City Council ABAG Leasing Program January 26, 2005 Page: 2 of 2 FISCAL IMPACT: Funds have been budgeted for these expenditures. Lease financing allows the City to preserve cash resources by spreading acquisition expenditures over several years, which better represents costs over the life of the asset. By: Jim ~teele Finalace Director Approv~~, ,/ c'(/' _ ATTACHMENT: Resolution JN/JS/BN:ed RESOLUTION NO.~ CITY COUNCIL, CiTY OF SOUTH SAN FRANCISCO, STATE OF CAIJFORNIA A RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF I,F, ASF_JOPTION AGREEMENT AND ESCROW AGREEMENT, AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION WITH THE ACQUISITION OF AN AMBULANCE, AND FIRE TRAINING VEHICLE, INCLUDING THE DECIzkRATION OF THE COUNCIL'S INTENT TO ISSUE TAX-EXEMPT OBLIGATIONS TO BE USED TO REIMBURSE THE CITY FOR EXPENDITURES PRIOR TO THE ISSUANCE OF SUCH TAX- EXEMPT OBLIGATIONS WHEREAS, the City of South San Francisco (the "City") is a city organized and existing under and pursuant to the Constitution and laws of the State of California (the "State"); and WHEREAS, the City desires to provide for financing of the acquisition of an ambulance and Fire Training Vehicle in an approximate amount of $125,000; and WHEREAS, the City expects to incur certain Property expenditures and to pay for such expenditures from the City' s money on hand prior to the execution and delivery of the Obligations (the "Reimbursement Expenditures"); and WHEREAS, the City reasonably expects to use all or a portion of the proceeds of the Obligations to reimburse the City for expenditures made prior to the date the Obligations are entered into; and WHEREAS, the Association of Bay Area Governments ("ABAG") provides a Tax-Exempt Lease Program, administered by Municipal Finance Corporation (the "Corporation"), which program provides interested jurisdictions with the opportunity to engage in privately-placed lease financings: and WHEREAS, the City desires to secure lease financing through the ABAG program at an interest rate not to exceed 5.25%; WHEREAS, the Corporation will solicit competitive proposals on behalf of the City and will assign the lease to the financial institution offering the most cost-effective lease financing arrangement. SECTION1. Lease/Option Agreement and Escrow Agreement. The City Manager or designee is hereby authorized to enter into a Lease/Option Agreement (the "Lease") and Escrow Agreement (the "Escrow Agreement") with the Corporation to finance the Property, subject to approval as to form by the City Attorney. SECTION 2. Attestations. The Clerk or other appropriate City officer are hereby authorized and directed to attest the signature of the City Manager or of such other person or persons as may have been designated by the Mayor or City Manager, and to affix and attest the seal of the City, as may be required or appropriate in connection with the execution and delivery of the Lease and the Escrow Agreement. SECTION 3. Other Actions. The City Manager and other officers of the City are each hereby authorized and directed, jointly and severally, to take any and all actions and to execute and deliver any all documents and certificates which they may deem necessary or advisable in order to carry out, give effect to and comply with the terms of this Resolution, the Lease, and the Escrow Agreement. Such actions are hereby ratified, confirmed and approved. SECTION 4. Declaration of Official Intent. The City herby declares its official intent, subject to the further approval of this Board of Directors, to use approximately $125,000 of the proceeds of the Obligations to reimburse itself for the Reimbursement Expenditures. It is intended that this Resolution shall constitute a declaration of "official intent" within the meaning of Section 1.150-2 of the Treasury Regulations promulgated under Section 150 of the Internal Revenue Code of 1986, as amended. City further declares that any expenditures to be reimbursed occurred no earlier than sixty days prior to the adoption of this Resolution. All reimbursed expenditures will be capital expenditures as defined in Section 1.150-1 (b) of the Federal Income Tax Regulations SECTION 5. Qualified Tax-Exempt Obligations. The Lease is hereby designated as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the "Code"). SECTION 6. Effect. This Resolution shall take effect immediately upon its passage. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a meeting held on the day of ,2005 by the following vote: AYES: NOES: ABSTAIN: ABSENT: S:\Current Reso's\l-26-05ABAGleasing.program'res'd°c ATTEST: City Clerk Staff Report AGENDA ITEM #4 DATE: TO: FROM: SUBJECT: January 26, 2005 The Honorable Mayor and City Council Terry White, Director of Public Works COMMON GREENS TREE REMOVAL PROJECT PROJECT NO. 51-13232-0322 RECOMMENDATION: It is recommended that the City Council, adopt a resolution, to award the bid for the Common Greens Tree Removal Project to Cagwin & Dorward of Novato, California, in the amount of $66,560.00. BACKGROUND/DISCUSSION: This project will remove fifty six (56) existing trees in the Common Greens area that have structural defects, are damaging public or private property and are already dead or dying. A Request for Proposals (RFP) was prepared for this project and was advertised. The city received five responses to the RFP. The following proposals were received: CONTRACTOR Cagwin & Dorward Novato, CA Valley Crest San Jose, CA West Coast Arborists, Inc Anaheim, CA Soil Enterprises, Inc Brentwood, CA BID AMOUNT $66,560.00 $67,080.0O $68,000.0O $81,700.00 Staff Report Subject: Common Greens 'Free Removal Project Page 2 P & A Construction Company San Francisco, CA Tree Removal Estimate $144,000.00 $ 75,000.00 Staff has reviewed the qualifications and references of the lowest bidder and found them to be satisfactory. Staff recommends that the contract be awarded to Cagwin & Dorward in the amount of $66,560.00. Removal of trees is expected to start by March 1, 2005 and be completed by the end of April 2005. Park Department personnel will be monitoring the tree removal activities of the contractor. All work will be done in compliance with the Tree Preservation Ordinance 13.30 which includes replacement trees where required. A request for replanting trees will be included in the upcoming 2005-06 common greens budget. FUNDING: This project is included in the City of South San Francisco's 2004-2005 Capital Improvement Program (CIP/51-13232-0322) in the amount of $75,000.00. Terry White C~ Director of Public Works Approve~.~,4/ "lS~arr~M~. Nagel City Manager Attachments: Resolution RTH/TW G:\PROJ ECTS\CG Tree Relnoval\awardstaffreport.doc RESOLUTION NO.__ CITY COUNCIL, CITY OF SOUTH SAN iFRANCISCO, STATE OF CALIYORNIA A RESOLUTION AWARDING A CONSTRUCFION CONTRAC-F FOR THE COMMON GREENS fl REE REMOVAl, PROJEC 1 TO CAGWIN & DORWARD IN THE AMOUNT OF $66,$60 WHEREAS, staff recommends that the City Council award the construction contract for the Common Greens Tree Removal Project to the lowest responsible bidder, Cagwin & Dorward in the amount of $66,560; and WHEREAS, the project is included in the City of South San Francisco's 2004-2005 Capital Improvement Program in the amount $75,000. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby awards a construction contract for the Common Greens Tree Removal Project to Cagwin & Dorward in the amount of $66,560. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a meeting held on the __ day of ,2005 by the following vote: AYES: NOES' ABSTAIN: ABSENT: S:\Current Reso's\l _26-05common.greens.tree.removal.res.doc ATTEST: City Clerk Staff Report /1GEND 4 ITEM #5 DATE: TO: FROM: SUBJECT: January 26, 2005 Honorable Mayor and City Council Marry Van Duyn, Assistant City Manager LICENSE AGREEMENT BETWEEN THE CITY OF SOUTH SAN ' FRANCISCO AND SHELL CALIFORNIA PIYELINE COMPANY RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing the City Manager to execute a License Agreement between the City of South San Francisco and Shell California Pipeline Company for the maintenance and operation of the 10" submarine petroleum pipeline across certain submerged lands lying within San Francisco Bay, which lands are under the jurisdiction and control of the City of South San Francisco. BACKGROUND/DIS CUS SION The City of South San Francisco (City) and Shell Oil Company (Licensee) entered into an agreement dated May 3, 19f;9 under which the City granted to Shell Oil Company a License for construction, maintenance and operation of a petroleum pipeline across certain submerged lands lying within San Francisco Bay for a term of fifteen (15) years, with the option to extend said license in increments of ten (10) years for three (3) successive increments, upon giving the City written notice of intention to elect to extend, sixty (60) days prior to the end of the term then in effect. The Agreement requires that for each successive five (5) years, Licensee shall pay an annual rental, computed as of commencement of said year in accordance with the formula in Exhibit A of the original agreement, for which the appraised value of the land will be currently determined for that year. The agreement stayed in effect until June 30, 2000, due to the second 10 year extension, granted by the City on January 11, 1991. Based on a review by the City Attorney's Office, it was determined that the Original Pipeline Agreement had expired and a new agreement had to be drafted. The Licensee is requesting the City to grant a License for the continued maintenance and operation of the petroleum pipeline across certain submerged lands lying within San Francisco Bay, which lands are under the jurisdiction and control of the City. Staff Report Subject: Page 2 License Agreement with Shell California Pipeline Company FUNDING Shell Pipeline has provided a check in the amount of $56,075.68, as the balance of payment for the period of July 1, 2000 through June 30, 2005, covering the execution and delivery of the subject license by the City of South San Francisco to Shell Pipeline Company. The annual fee due to the City by Licensee for maintenance and operation of the petroleum pipeline is $23,663. Marry Van Duyn Assistant City Manager Approved:.,J~. ,~ ~ O~Cit?~l~a2aNgaegr eC~-'''''- Attachment: Resolution License for Petroleum Pipeline Agreement RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALWORNIA A RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN SHELL CALIFORNIA PIPELINE COMPANY AND THE CITY OF SOUTH SAN FRANCISCO FOR THE MAINTENANCE AND OPERATION OF THE 10" SUBMARINE PETROLEUM PIPELINE WHEREAS, staff recommends the authorization of an agreement between Shell California Pipeline Company and the City of South San Francisco for the maintenance and operation of the 10" submarine petroleum pipeline across certain submerge lands lying within San Francisco Bay, which lands are under the jurisdiction and control of the City of South San Francisco; and WHEREAS, Shell has provided a check in the amount of $56,075.68 as the balance of payment for the period of July 1,2000 through June 30, 2005, covering the execution and delivery of the subject license by the City of South San Francisco to Shell Pipeline Company; and WHEREAS, the annual fee due to the City by Licensee for maintenance and operation of the Petroleum Pipeline is $23,663. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby authorizes an agreement between Shell California Pipeline Company and the City of South San Francisco for the maintenance and operation of the 10" submarine petroleum pipeline. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the agreement on behalf of the City of South San Francisco. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a meeting held on the __ day of ,2005 by the following vote: AYES' NOES' ABSTAIN: ABSENT: S:\Current Reso's\1-26-05shell.oilagree.res.doc ATTEST: City Clerk LICENSE FOR PETROLEUM Between the City of South San Francisco and She~! Ca~_iforn~a Pipeline Company THIS AGREEMENT, made and entered into this ____ day of ,2004, by and between the City of South San Francisco, a municipal corporat~o~, ~.-remafte~ refen'ed to as "CITY," and Shell California Pipeline Company LLC, a Delaware !i~n35ted liability company, hereinafter referred to as LICENS,~E. P .... ~LS WHEREAS, LICENSEE was the successor to a Petroletm~ Pipeline Agreement dated May 3, 1969 under which Shell Oil Company was !Tanted a License for the construction, maintenance and operation of a petroleum pipe across certain submerged lands lying within San Francisco Bay, which lands are under 'the jurisdiction and control o±' CiTY for a term of fifteen (15) years with the option to extend said License in increments often (i0) years for tlh:ee (3) successive increments; and WHEREAS, Shell Oil Company, and its assigns (including LICENSEE), twice exercised the option to extend the t969 Petroleum Piseline Agreelnent for ten/'~ a', years, and thereby extended the Agreement until June 30, 2000; and WHEREAS, the original Petroleum Pipeline Agreement has ex?ired; and WHEREAS, LICENSEE has requested CITY to grant a License for the continued maintenance and operation of a petroleum pipeline across certain submerged lands lying within San Francisco Bay, which lands are under the jurisdiction and control ef CITY; and WHEREAS, CITY desires to grant such a License upon and subject to the te_rms and conditions herein set forth. NOW THEREFORE, in consideration of the mutual pron?3ses of the parties hereto, it is a~eed as follows: GRANT OF LICENSE Subject to the terms, conditions, reservations, restrictions, and time limitations hereinafter set forth, the right, Privilege and License is hereby granted to LICENSEE to operate, control, maintain, protect, repair, replace, retzew, alter, change size of and remove or abandon, a single pipeline for the transportation7, of any petroleum substance or substances movable by szdd pipeline (except a.s hereinafter set forth), together with conduits, cemxections, fittings, appurtenai:ces, valves, manifolding, and such other devices as are necessary and convenient i~>r the operation and maintenance LICENSE FOR PETROLEUM PIPELINE Page '1 of 618199-I 3. · ~, -~ the jurisdiction of CITY, of said pipeline through, under, and across the lands and hereinafter particularly specified. The parcel of land rot wh~c,~ this License is ~rar,.te,4 shall ;'~ used for lawful cormnercial purposes only. This License does not ~ ...... d~e right to use said pipeline for the conveyance of fissionable materials or products or radioactive materials or products PARCEL DESCR~TION The parcel which is the subject of this Agreement ~d ~ ~ ..... is that parcel of tide and submerged lands situated in the City of South San Francisco, County of San iO1~O¥x, S, Mateo, State of Caiifomia, more particularly described as %;i ~ · A strip of submerged land 50 feet wide and ap?ro×imately 29,450 feet in length in San Francisco Bay, City of' South San Fra~xcisco, San Mateo County, and located within the lands contained irt that certain legisiative ~ant to the City of South San Francisco per Chapter 56, Statutes of 1925; the center line of said strip having a bearing of S. 68° 22' 1 I" W. and intersecting points having California Zone 3 coordinates ofX = 1,504,451i .15 and Y = .441,235.41 being the most southerly point of the Metropolitan Oakland international Airport and X: 1, 457,062.76 and Y: 422,444.13 being the m.ost easterly point on that certain pierhead/bulkhead line lying between points 29 and ~,0 in the relocated Sm'2 Bruno Canal; as set forth in the U.S. Army Corps of Engineers Drawing 1-4-!4 of Harbor Lines San Francisco Bay, California dated December 5, 1936; thence N. 88° 50' 28" W. lying between the previously described course (S. 68° 22' 11" W.) and the San Bruno Canal (Relocated Charade0 ~: ' ~ ' "~? ~ine is also located 150 feet north of and parallel to the projected bulkhead line between said points 29 and 30 on the aforementioned Drawing 1-4-14; thence southwesterly parallel to and 25 feet east of the East line of tlhe San Bruno Canal to the aforementioned bulkhead line; said strip of submerged land contains 3~,804 acres more or less. Bearings and distances used in the above description are based on the California Coordinate System, Zone 3. LOCATION OF P1]?ELiIN.2E The pipeline shall be operated and maintained within the limits of the parcel hereinbefore described and particularly with respect to depths and distances as set forth in the Department of the Army Permit issued by the United States Army Engineers District, Corps of Engineers, at San Francisco, California, _April 29, 1965, attached hereto as Exhibit ~:~-' and by this ret%ronco incoqoorated herein and made a part hereof. The approximate location of the pipeline is shown on the plat attached hereto as Exhibit ~!)!!-, and by this reference incorporated herein and made a part hereof. LICENSE FOR PETROLEUM PIPELINE Page 2 of '13 618199-I TERM The term of this Agreement and License shall commence ~.tpon the ~ day of ., 2004; and shall continue therea£rer ,.'..unless sooner terminated as hereinafter provided) for a period of fifteen (15) years. L~.CENSEE shall have the right to extend said License in increments of ten (i0) years for tt~ee (3) successive increments upon giving CITY written notice of intention tceiect to so extend sixty (60) days prior to the end o ~' the tenon then in effect. FEE FOR PERMITTED USE LICENSEE has tendered the following payments: $11,605.25 2000- 2001 payTnent paid by check # 0080005794 $12,268.66 2001- 2002 payment paid by check # 0001308276 $t2,561.59 2002- 2003 payment paid by check # 0001347516 $12,880.37 2003- 2004 payment paidby check # 0001362613 $12,923.45 2004- 2005 -payTnent paid by check # 0001371612 In addition to those sums, LICENSEE sThall pay to the '.~ry of oouth San Francisco as consideration for the grant of this License the following sums: Initial Payment. Upon execution of this License by ~_L.=NSmz, LICENS~ shall pay the following: 1. $i2,057.75 as the balance ofp%wnent for the period of July 1, 2000 to June 30, 2001. o $1 i,394.34 as the balance of pa)m-,ent for the period of July !, 2001 to june 30, 2002. $1 t,101.41 as the balance o£payment for the period of July 1, 2002 to June 30, 2003. $10,782.63 as ,.he balance of' ~-~-o~,~* *' ~ p% _.. ~ ,. for the period of July 1, 2003 to June 30, 2004. $10,739.55 as the oatance oI pa;a.v.,..nt for the period of July 1, 2004 to June 30, 2005. , ~,':'~. ~ 2005) shall B. AnnUal Fee. The fee for the first year of use (July i, z.'.:-~,~ to June o0, ' 0 be $23,66~.0 , as determined by the following formula: Unit Value X Acre = Value $10,000/Acre 33,804 $338,040 LICENSE FOR PETROLEUM PIPEL. N~- Page 3 of 13 618199-1 .* ...... nr ~-~,~ Rate for 15 years Annual Rate~v 338 ·.040 = .~'~ ~,oo-...~.~ : ~;_-~.,.~ 0.07 At 15 years Thereafter, the annual tee £or use shad o ~ ~ ,1. t '~ accor.mng to the following formula: Unit Value X Appraised value/Acre Annual Rate 0.07 X (annual fee) Acre = Value 33,804 (appraised unit value per acre ~ 33,$04) (appraised unit value vet acre X 33,804) = The value of the land will be re-appraised every five years, corm-nencing in 2009 and continuing thereafter at five year inte~wals. For additional extension(s) the mmual rate shall be calculated in accordance with the above ib~-xnula ~'or which the appraised value of the land will be determined prior to commencement of each extension and shall be paid on July i of each year during the term of this Agreement or any extensions thereto. 6. TAXES LICENSEE shall pay any and ali taxes that may be levied or charged upon LICENSEE's pipeline, conduits, cormections, fittings, appu~enm~ces, valves, manifolding and such other devices as are necessary' and convenient for the operation and maintenance of said pipeline. LICENSE shall pay ail ljcense or pen?nit fees required by law for the conduct of its operations hereunder. 7. RELOCATION OF PIPELINE LICENSEE shall pay for all costs ofreiocating or providing protection and support for the pipeline, if such relocation or protection and support is ordered by the City Council of CITY. LICENSEE shall within sixty (60) days written notice fi'om the City Council of CITY to relocate, rean'ange, and/or protect and support said pipeline commence so to do, and upon failure of LICENSEE to so comply, shall be considered a material breach of the terms of this Agreement. 8. RESERVATIONS A. USE OR DEVELOPMEN* OF THE ,~,~.,~,~.=~ CITY reserves the right to ~ily use the licensed area 53r all purposes whatsoever, exercising said fight consistently with the fights herein granted, except that should LICENSE FOR PETROLEUM PIPELINE Page 4 of 13 618199-1 · snalx re~ocaze, rearrange, protect and any such use require relocation. LICENSEE ' :' ' ' ~-,w¥- to make :sac12 ~.se of said area. support said pipe!ine as required by ~_,~, ~ B. GRANT OF OTHER EASEMENTS, LICENSES. CC. NVEYANCES AND ENCUMBRg~NCES ~i,'~ in, over, upon and under CITY reserves the right to gq'ant easements or the licensed premises, and nothing herein contained ~'~'"~'~ be construed as limiting % . , ~ro.?_s~ or encumber the the powers o~ CiTY to ~ease, convey, or othe~-~-ise hereinbefore described lands for any propose whatsoever not inconsistent or incompatible with the fights or privileges granted ~o LICENSEE by this ~ ~uc~ use requires relocation of the ~i~e!h}e LICENSEE shall Ageement. ,r~., h relocate, rea~ange, protect and suppoxl said pipeii2~e as required by CITY to make such use of said area. C. MINERALS AND RESOURCES CITY reserves al! natural resources, including but not limited to, minerals, oils, gas and other materials and substances upon the described lands and the right to ~ant in, over and across said lands, leases, easements and/or rights of way to extract or rernove such natural resources, minerals, oil, gas and other materials and substances as provided by the laws and mies and regulations of CITY and/or agencies of the United States of America and State of California, all without compensation to LICENSEE. D. DEEMED TO CONTAIN P,~SERVAT!ONS AND CO~ITIONS This License shall be subject to and shall be deemed to contain all conditions, reservations m-~d restrictions required to be contained herein or made applicable hereto by the laws and statutes of the United States, the State of California, City of South San Francisco, and any other agency ha,ring iurisdiction over said area, and particularly the Statutes of !925 under which tee lands owned by the CITY and described herein were granted to CITY; and LiCENSEE's use of the area shall be in a maturer consistent with ail the terms and conditions of said laws and regulations and the conditions of the trust upon wi¢ch said lands are held by the City of South San Francisco· E. DEVELOPMENT OF NAVIGABLE WATERS CITY reserves the right to develop and approve the development of navigable waters over said licensed area, and LICENSEE ~:'~i~ retocate, rearrange, support, and protect said pipeline so as to accommoda[e me ._,~,~ [~,.,sed eevelopment of · ' ~'~, : -~ ¼ retained within the navigable waters over said area, and should sam ?~pel_4 ....e proposed area of deve!opment, then it shall be ~ceted not less than 42 feet below mean lower Iow water. LICENSE FOR PETROLEUM PIPELINE Page 5 of '13 618199-1 ¥ 9. EXISTING USES 10. il. 12. 13. 14. LICENSEE shall maintain and o,~erate said petroleu?.~ pipeiiae in a roamer which is consistent with the existing uses in said area, and should a~y of said existing uses or any act of intervention of any other govemm~emai aa,=ncv ~revent ~ ~ ~ .... ~-. , ~- . ~IC~NS~ fi-om maintaining or operating the petroleum pipeline in said area or restrict same so as to render the use impracticable or ~meconomicai, CITY shall not be obligated to LICENSEE in any mariner whatsoever. OTHER PEPdMITS AND L~C~i ,dES LICENSEE shall obtain any other penni'ts or licenses required for LICENSEE to operate and maintain said pipeline. NO WARRA_NTmS CITY does not warrant its Dower to grant the License ?~erein and should the power exercised be revoked by th*e State of California, a_p._y' governmental agency with jurisdiction thereof or by action of any coua having jurisdiction, then CiTY shall not be obligated to LICENSEE in any respect whatsoever, and LICENSEE hereby accepts and assumes this License apA all. obligations and li~,~i!ities thereunder at its own risk and without recourse to the CITY. CITY'S TITLE ~ '- · CiTY's In accepting this License, ~.ICENSr~E acknowledges interest in and title to '-;* ~ interest. said property and a~ees never to assail or resist said ~,_d.~ or LICENSE~ SPROPERTY The pipeline, conduits, connections, fittings, appurtenances, Yalves, manifoldings, and all other devices used in the maintenance and opera',:io~- o~ sad pipeline shall be LICENSEE's property and CITY shall ihave no right, title or interest thereto. MAINTENANCE LICENSEE shall maintain and operate said pipeline, conduits, connections, fittings, appurtenances, valves, manifoldings and such other devices as are necessary and convenient for the operation and maintenance of said pipeline in a safe and good and workmanlike manner. CITY, its officers, agents, and employees, shall have no obligation to maintain, repair, or protect said pipeline, conduits, connections, fittings, appurtenances, valves, mank%Iding, and other devices £rom damage or for damage to persons and property by reason of construction, installation, maintenance and operation of said pipeline, con&_fit, connections, Strings: appurtenances, valves, manifolding and other devices. LICENSE FOR PETROLEUM PIPELINE Page 6 of ~ 3 618199-1 ! 5. NOTICE OF OPERATIONS 16. 17. Except under emergency conditions, TTr-'~,'..~ shaii -'-- ~_iTY at least 48 hours notice prior to the begimning of any repair or other work on pipeline together with conduits, connections, fittings, appurtenances, valves, ma.nifo!ding and other devices. Under emergency conditions, LICENSEE shall give d~e CiTY such advance notice as is practical under the circumstances. INSPECTION CITY and any other govermmentai agency wkh jurisdiction thereof shall have the fight at reasonable times to go upon the licensed premises _*%r the purpose of inspecting the same. INDEMNIFICATION LICENSEE shall indemni£y, defend with counsel selected by the CITY, and hold harmless (to the full extent pemaitted by law) CITY- and its City Council, officers, officials, employees, volunteers, and: agents from and e. gainst any and all claims, liability, loss, inju,:ies, damage, expense, and costs (incktding without limitation costs and fees of !itigation) (collectively "Damages") of every nature arising out of or in connection ~vith LICENSEE's performance under this Agreement, LICENSEE's use of the prope_rty as authorized in this Agreement and License or LICENSEES failure to comply with any of its obligations under the A~eement and License, except such loss or damage which was caused by the sole negligence or willful misconduct of the CITY. In addition to the provisions of Paraom'aph 17A, LICENSEE shall specifically, unconditionally and fully indemnify, reimburse, defend with counsel acceptable to the CITY, protect and hold harmless CITY from and against any and all Damages, including fines, orders, judgments, actions, injunctive or other relief (whether or not based on personal injm'y, property damage, contamination of.. or adverse effects upon, the environment or natural resources), costs, economic or other loss, expenses (including without limitation attorneys' fees and any expenses associated with the investigation, assessment, monitoring, response, removal, treatment, abatement and/or remediation of Hazs. rdous '.'r"datefials in, on or under the Property), and/or administrative:, enforcement or judicial proceedings, whether known or unknown, and which are directly or indirectly, in whole or in part, caused by, arise out of, or relate to the presence, release or discharge or alleged presence, release or discharge of any i~azardous M?.tegals in, on or under the Property or a violation or alleged violation of an Environmental Law. As used herein, "Property" shall mean ail portions of {he land more particularly described in Paragraphs 2 and x of *his Aereement and License in or upon which ' ~ ~ubseq~Lentiv places a 'oir~e~ine, together with conduits, LICENSEE has pmc~d or ~ . . : :: - LICENSE FOR PETROLEUM PIPELINE Page 7 of 13 618199-1 comnections, fittings; appurtenances, valves, manifolding, and such other devices as are necessary for the operaion and maintenance of said pipeline. As used herein, "Hazardous Materials'; means any substances, materials or wastes which have or become regulated by a~y federal, state cr local governmental · · :~ ' · -q~-~:~ ~ ' -~r gas or any direct authority, and !ncma~s without hm~tac.,~x~ . ~* ~,~ .... oil or or indirect product or by-product thereo~% (5) ashes:os and any material containing asbestos; (iii) any sffostanc% maehai or waste regulated by or listed (directly or by reference) as a "hazardous substance", "hazardous m aerial", "hazardous waste", "toxic waste", "toxic po!lutan~?, ;koxic s'~ostance', "solid waste" or "pollmant or contaminant" in or pursuant to, or similarly identified as hazardous to human health or the enviroment in or pursuant to, the Toxic Substances Control Act [t 5 U.S.C. 260!. et seq.]; the Comprehe2sive Environmental Response, Compensation and Liability Act [42 U.S.C. Section 9601, et seq.], the Hazardous Matefials TranspoNation Authorization Act [49 U.S.C. Section 5101, Lonse~ahon and F~ecovery Act [~9 U.S.C, 6901, et seq.], et seq.], the Resource ~ the Federal Water Pollution Control Act [33 U.S.C. Section t 251 ], the Clean Air Act [42 U.S.C. Section 740t, et seq.], the Caiifomia Under~'ound Storage of Hazardous Substances Act [California Health and Safeg~ Code Section 25280, et seq.], the California Hazardous Substances Account Act [California Health ~d Safety Code Section 25300, et seq.], the Caiifomia l~azardous Waste Act [California Health and Safety Code Section 25100, et seq.], the California Safe DriVing Water and Toxic Enforcement Act [Caii~orma Health and Safety Code Section 25249.5~ et seq.], and the Po~er-Colo~e Water Quality Control Act [California Water Code Section 13000, et seq.], as they now exist or are herea~er amended, together with any regulations promuigared thereunder; (iv) any substance, matehai or waste w-hch is defined as such or regulated by any "Super~d" or "Superlien" law, or any Enviror~e~tai Law; or (v) any other substance, material, chemical, waste or pollutant identified as hazardous or toxic ~ ~ ~ local ~n,Aror~ental law, including and regmated under any other federal, o~at~ or without limitation, asbestos, potych].o~mated bipkenyls, petroleum, natural gas and synthetic faei products ~d by-products. As used herein, Env~om~ntal Law" means ail federm, state or local statutes, ordinances, roles, regulations, orders, decrees, jud~_ents or co--on law doctrines, and ~rovisions and conditions ofpen2its, licenses ~d other operating authorizations }egu!ating, or relating to, or imposing liaJ~i!ity or standards of conduct concerning (i) pollution or protection of the en,Aromaent, including natural resources; (ii) exposure of persons, iac!u&ng employees and agents, to Hazardous Materials (as defined above) or other products, raw materials, che~cals or other substances; (iii) protection of the public health or welfare from the effects of by-products, wastes, emissions, discharges or releases of chemical substances fi'om industrial or commercial activities; (i¥) the manufacture, use or introduction into co~erce of chemical substances~ including without limitation, their manufacture, 5o~u!ation, labeling, distribution, traaspoaation, handling, ,' ~ ~, hazardous storage and disuosal; or (k,~ the ~,se release or msp,~s..~ of toxic or LICENSE FOR PETROLEUM PIPELINE Page 8 of ~3 618i99-i substances or Hazardous ?vlaterials or the remediati©n of air, surface waters, ~oundwaters or soil; as now or may at any ~t~ ~,.~ ~ .... effect, including but not limited to the Toxic Substances Control Act [15 U.S.C. 260i, et seq.]; the Comprehensive Enviromnental Response, Comnensation and Liability Act [42 U.S.C. Section 9601, et seq.], the Hazardous Materials Transportation Authorization Act [49 U.S.C. Section ~ i0t, et seq.], tine Resource Conservation and Recovery Act [42 u.s.c. 690i, et seq.], the Federal Water Pollution Control Act [33 U.S.C. Section i~5 i], the Clean Air Act [¥~ U.S~C. Section 7401, et seq.], the California Underground Storage of Hazardous Substances Act [California Health and Safety Code Section 25280, et seq.], the California Hazardous Substances Account Act I[Califomia Health and Safety Code Section 25300, et seq.], the California Hazardous W~ste Act [California Health and Safety Code Section 25100, et seq._], the California Safe Drinking Water and Toxic Enforcement Act [California Health and Safety Code Section 25249.5, et seq.], and the Porter-Cologne Water Qualhy Control Act [Caii£o:mia Water Code Section 13000, et seq.], as they now exist or are hereafter amended, together with. any regulations promulgated thereunder. The terms of this Parag-raph shall survive ihe expiration or earlier termination of this A~eement and License· 18. INSURANCE LICENSEE, at its sole cost and expense, shall procure and maintain for the duration of the License insurance against claims; for injuries to persons or damage to property which may arise from or in connection with the operations hereunder by LICENSEE, its agents, representative, employees, and subcontractors, including use of owned or non-owned automobiles, products, and completed operations. This liability insurance shall include but not be limited to such Coramercial ~ *' ' ' Liability Insurance and Pollution Legal Liability Insurance, issued_ by an admitted insurer or insurers as defined by the California Insurance Code, or in the alternative, an insurer approved by the CITY, applying to the use and occupancy of the CITY's Property, and any areas adjacent thereto, as shall protect itse!g the CITY, its officials, council, boards, commissions, employees and agents. The amounts and conditions of insurance shall not be less than the following: A. GENERAL LIABILITY Minimum scope of the insurance shall be at least as broad as Insurance Se,wices Office form number GL 0002 (ed. 1/73) covering Comprehensive General liability and Insurance Se~Aces Office for number GL 0404 covering Broad Forn~ Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occmTence" form CO 000 ::_ .7) Minimum limits shall be $5,000,000 combined singie limit per occu~ence for bodily injury, personal ' 5~ If Commercial Genera.i Liability insurance or other injury, and property aarna~,,. form with a general aggregate limi. t is used, either the general aggregate limit shall LICENSE FOR PETROLEUM PIPELh\IE Page 9 of 618199-1 apply separately to this Franchise or the general '~ ~" .... .+ limit shall be twice the required occurrence limit. B. POLLUTION LIABILITY ~ .~ ~ with a five-year tail on $5,000,000 each occu~ence/$10,000,v00 policy a~** ~.~te, claims made. All coverages shall be written on an occurrence basis, shall be primary and non- contributory over any insurance the C. IT¥ may elect ~:o provide on its behalf, shall contain cross-liability endorsements or its equivale~z and shall be for 'the mutual · . ~. · -~--~ r ~r-.c¢7e~,n and any other pa~y and jmnt benent and protect,~on of C1 ~ F, ~,-,~,~ .~:~zz designated by CiTY as an additional insured. D. Broad form property damage liability must be af~%rded no CITY must be named as an additional insured under ail coverages, and the coverage shall contain no special limitations on the scope of the protection afforded to the ~-v ~' '~' ' ~ - t~ ,~ ~, its offlcers~ ofnc:a~s, employees or volunteers. . con.fac&a, liability as The policy must cover contractual ii.ability. Exclusions of * +' ~ to bodily injuries, personal injuries and property damage must be eliminated for the basic policy endorsements. Any exception hereto must be approved by CITY's Risk Manager. G. Thirty (.30) days notice or cancehau~n, change, or non-renewm of insurance. H. Insurers to have A.M. Best:s rating of at least A:X . I. Any deductibles must be declared to and approved by 19. TERMINATION MUTUAL CONSENT This Agreement and License may be terminated., or me prowaons changed, altered or amended only by mutual written consent of the parties hereto. L_C_N B. NOTICE BY ~I E SEE The LICENSizE may terminate this A~'eemer_,t upon ~-"~'~ (60) days notice of such termination to the CITY, provided, however, that no such termination shall ~ *'v ~,~_n ~e ~'~'- :'~:~ for rent and for the become e~reca e, and the LICENSEE ~u~ ~ ru,_,y n~,~_e performance of all other obligations on the pan -~,~' the LICENSEE, until LICENSEE has fully complied and consummated aach and all of the provision of paragraphs !9 C and 19 D hereof. LICENSE FOR PETROLEUM PIPELINE Page 'I0 of '13 618199-1 C. EXPIRATION OF T~.M OR SOOF~R LICENSEE on the last day of the term or sooner te~nination of tlmis Agreement shall peaceably and quietly leave, smTender .and yield ? to the CITY, the licensed premises in good order, condition and repair, reasonable use and wear thereof and damage by- act of God or the elements excepted; and executed and deliver to CITY a good and sufficient q,.dtclaim deed to ti:e rights arising hereunder. Should LICENSEE fail or refuse to deliver to tine CITY a quitclaim deed as aforesaid, a written notice by the same explaining the faiiure or refusal of the LICENSEE to execute said quitclaim deed as herein provided shall from the date of the recordation of said notice be conciusive ev-idence against LICENSEE and all persons claiming under LICENSE of the termination of this A~eement and License. CITY may require LICENSEE upon said termfl~ation of this Agreement and License to cap, plug:, remove, or othe~_-Mse abandon in such maturer as may be prescribed by CITY the pipeline together with conduits, connections, fittings, appurtenances, valves, manifolding, and other devices at LICENSEE's sole cost and expense. D. FORFEITURE Any neglect, failure or refusal to comply with any of ti~e terms and conditions of this License and Agreement continuing for more than thi~y (30) days following notice thereof to LICENSEE from CITY shall entitle CITY -to declare a forfeiture hereof by written notice to LICENSEE and CITY may thereafter exclude LICENSEE from any t~arther use or acts hereunder, and LICENSEE shall inm~ediately surrender all r/ghts hereunder. CITY may require LICENSEE to cap, plug, remove or otherwise abandon in suc2 a maturer as may be prescribed by CITY the pipeline, place or remove same at his sole cost and expense, and LICENSEE shall deliver to CITY a quitclaim deed as aforesaid, a written notice by CITY reciting the failure or refusal of the LICENSEE to execute and deliver said quitclaim deed as herein provided, shall from the date of recordation of said notice be conclusive evidence against LICENSEE and all persons claiming under LICENSEE a termination of this Aveement and License. 20. ASSIGNMENT LICENSEE shall not sell or assign this. License for any o£iixe rio=hts and privileges granted hereby without the consent of the City Council of CITY first having been obtain, and should said consent be obtained, said assi~.~_ment and consent shall be evidenced by a dray executed instrument in writing filed in the office of the City Clerk of CITY. Should such an assi~ment result in the 5censed property or any rights granted hereunder being owned ¢a~!y or wholly by persons, finns, or corporations other than LICENSEE, tk~en LICENSEE shall be fully responsible f~br the maintenance and operation of the pipeline together with conduits, connections, fittings, apprLrtenances, valves, manifolding and other devices as set forth in the totals LICENSE FOR PETROLEUM PIPELINE Page 1'I of'13 618199-1 21. of this Agreement and License, and in such even The ~rox,,,s~cn o[ this Agreement and ,..¢,,n the LICENSEE, his all rights, obligations, and d-~tties hereunder shall be bi,:dSn~ -~ '~' successors and assigms. NOTICES All notices, requests, demands or other con,a-nunications to or upon the respective parties shall be in writing and shall be effective for ail pu¢oses upon receipt on any business day before 5:00 PM local time and on the next bz~.siness day if received after 5:00 PM or on other than a business day~ including wititout limitation, in the case of (i) personal delivery, (ii)delivery by messenger, express or air courier or similar courier, (iii) delivery by United States first class ce~Xified e.r registered mail, postage prepaid, addressed as follows: A. If to CITY: City of South Sm, Francisco 400 Grand Avenue South San Francisco, CA 94080 Attn: City Clerk B. If to LICENSEE: Shell California Pipeline LLC Western Region - Land & Permitting 20945 S. Wilmington Ave Carson, CA 90810-1039 22. LAWS AND FORCE MAJURE The provisions of this Agreemem and License shall be subject to all valid and applicable federal, state, county, municipal, mhd other governmental laws, executive orders, ordinances, rules, regulations and acts. !f perfon'nance by LICENSEE of any portion of this Agreement is made in.possible by any prevention, delay or stoppage caused by strikes, lockouts, labor disputes, acts of God: 1.nubility to obtain services, labor or materials or reasonable substitutes for those items, govermnent action, civil commotion, fire or other casualty, or other causes beyond the reasonable control of LICENSEE, LICENSEE's performance shall be excused for a period of time equal to the period of that prevention, delay, or stoppage. 23. APPLICABLE LAWS AND ATTORNEY'S FEES This Agreement shall be interpreted and enforced ~,,-~,,a,:? to Calir%rnia law. Any ow=, -.-- ..... t ~h.~li ~ ....~' - cou~ of competent action to enforce or intecret this A~**.e~,.,~ ..... be ~,~.,ht in a jurisdiction in San Mateo County, Can~omm. Ln ~:ne event that either CITY or LICENSE FOR PETROLEUM PIPELINE Page ~2 of ~3 618199-1 24. 25. LICENSEE brings an action against the other by reason of the breach of any condition or covenant, representation or warranty contai~2ed herein, or otherwise arising out of this Agreement and License, the prevailing party in such action shall be entitled to recover from the other reason:able attorneys' fees to be _fixed by the court which shall render a judgment, as well as the costs of the sL~its. Attorneys' fees shall include attorneys' fees on any appeal, and i.n addition a party entitled to attorneys' fees shall be entitled to ail other reasonable costs for investigating such action, including the conducting of discovery. SEVERABILiTY The provisions of this Agreement and License are intended to be severable and enforced to the maximum extent permitted by !aw. if for any reason any provision of this Agreement shall be held invalid, il][egai or unen~orceabie in whole or in part in any jurisdiction, then that provision shal! be inef£ective only to the extent of the invalidity, illegality or unenforceabitity and in that jurisd~cSon only, without in any maturer affecting the validity, legality or enforce£oility o~' t!~e unaffected po~ion and the remaining provisions_ in that jurisdiction or any. :~?a',,4s/cn~ _~ of the Agreement and License in any other jurisdiction. The unaffected po~ion and provisions of the Agreement and License will be enforced, to the maximum e×tent permitted by law. TIME OF THE ESSENCE . _. te.~ms ox tn~s Agreement and Time is of the essence with resuect to each and ail the ~- '-~' --~ ~' ' License and the terms of this" + z~eemen, and License shall extend to and be binding upon and inure to the benefits of the heirs, executors, administrators, successors, and assig-ns of the respective parties hereto. 26. ENTIP,_E AGREEMENT This writing constitutes the entire A,=recrn,~, between me part~es. LICENSE FOR PETROLEUM PIPELINE Page '13 of `13 618199-I IN WITNESS VC~qEREOF, the pa:les hereto. ~,--~t havin~ ~ee~ x~,~v aumortz,~d, have executed this Agreement as of the day and year here:moero,_e set to::, ~_,atley~ ?:.ttomey ~n Fact CITY OF SOUTH SA24 ~ ~ ~x~NCISCO By: Attest: App City Clerk form: LICENSE FOR PETROLEUM PIPELINE Page '14 of '13 61819%1 ', , · C;F THE : '--.'-:~ ..:.. : ~ ~or~It f~ ~o b~ under, toad ~ha~ ~hf~ fn~t~men~ does no~ ~vc ~ny pmpe~ rf~h~ ef~cr fn re~l c~ or ~ . .]~ Shell Oil Co~.pany 1008 Wes% $~xth Street Los ~%r. geles~ California ,~-;~r permi% I have %o inform you %ha%, upon ~he recommendation of th~ ~h£~£ of 1899, ~n%l%!ed "~ ao~' ~ing appropriations for ~he ~ons~c~ion, repot. poses,' you are hereby au:horiz~d by ~he Secre~a~ of the %o Lnst~ a ~n~ch petroleum nroducr~, p%oex~ ~ a ~~ d~ of fo~ feet below the e~t~g bay ~tt~ ~he pipelf~ to be ~i~d a% !e~t ~ fee~ below ~ ~ S~ ~o C~ ~-~W ~der the Feder~ S~u ~uo ~ho~ ~ .... ~ ~d ~d ~c~ity at ~ dep~s of 20 feet ~]~w i~-~ -~der 'tP~ e~t~ p~va~ m~ut~ued ~l ~d the p~possd-~loca~d ~el: ~e pipe~ue to be ~ ~opro~a~ i~0 feet nor~er~ of ~he tidel~-~ lots ~ca~d ~ ~e south of t~ raloca~d ch~el, --. :! in San Fr~¢isco Bay in accordance with %he plans sho~n on %he dra~inga%%achedhsr~%o mud ti;~led: u~op~ed S-~~ Pipe ~ross S~ ~cisco ~ a~ oan ~r~ ~n~ ~-~uties of ~eda. & ~ sub~ec% ~o 1;he follo~in$ condi%ions:~ Exhibit B Petroleum Pipe- line Agreement dated MAY 3 ;955~-- : ': Czty and Shell Om! Co p- y ......................... FROM ;SPECTRUM LRND SERUICES FG× NO. :7&4-508-411~ Dac. 12 2002 03:~0PM P2 FROM :SPECTRUM LAND SERUICES FAX NO. :714-508-4119 Dec. 12 2082 03:~0PM P3 FROM :SPECTRUM LAND SERUICES FAX NO. :714-508-4i19 D~c. !2 2002 03:31PM P4 (5) Tha~ :ny materi~l dredged in ~ha Bro~eeution ol ~ho w~rk ~eretn au~r. ar~ navigablo cbannel~ or to ~o banku of th~ wa~rctay ahab bo ie/~ H any ~[p% ~ira. or ~bla hereby au~ori~d is in a ~rcnch, :ha fo~ation of permanent ridg~ across the bed of the wa~a>' aP~i~ be ~voided and ~a ba~ rial is to ba dcp&i~ed in ~o hater ot New York. or in i~ a.djaceng or ~ribu~ wzters, or ~n ~ng I,lana ~nd. pe~ir ~ercfor mus~ be pravloualy ob~ined from the Superol;or of N~w Yor?~ Har~r, Na~ York City. all expenses connected therewith ~hall ~ ~rne by ~o De.nitres. all navigabM waters at or adjacen~ to tho work or ~t~ctur~ (/) That ii !uture operations by the United $~W~ require an akera~ion i~ ~:~a poakion o! ~e ~t~cture or herein authori~d, or ii, in ~e opinion oi the Secra~ ol th~ a~y, .~ h~l al;er the st~ctural work or obatruction~ ~sad thereby w~ou~ ~pen~ ~ ~a U~i~ S~:~, ~ ~ ~ render ~11, ex.va:ion, or o~her m~ifica~ion o~ ~he watercourse hereby au~o~ ~i ~t. k~ comple~d. ~e o~c~ ~1, may r~uire, remove all or any ~z:ion e~ ~e uncomplc~d g~cturo or fili ~d r~r~ ~ i~ ~om~ ~ndition ~a or autho~ze~ whi~ ~Y bo ~u~d by oc r~ul~ ~rom tuture o~at:o~ ~nd~ ~ :ion or improvcmen~ ot ~%ion, or for o~- pu~, ~t no ~ or ~gh~ ~ ~fion ~H a~e {h) That if te display of llgh~ and si~ on any v.ork hereby auLho~d ix ~ot o~ pr~ .... Y · ~xpcnse of the o~er. ' a - {0 ~at ~e p~it~o a~ll notify the s~d dls~ en~-~ a. w~ :~mc ~e work -~I! ~ ~d. far in advance ol ~e time of commencm~cn~ ~ ~e ~id dls~c~ ~ne~ ~Y sperry, ~d ~1 a~ notify ~.im promptly, in ~ng, of ~o co~enc~g ~t work, ~;p~ion ot work~ M z~ ~ p~ of ~re ~ o~ r~umption o~ work, and i~ ~mpletio~ (]) That if ~e ~c~re or work herein auti~d ~ no~ ~mple~d on ~r :~afora ~ ~ . ~ - ~ p~ ~ not; pre~o~ly re~ke~ or ~Y ~de~ ~ ~ be null ~ vo~ (k) That ~.o pe~t-%e~ a% ~ ~e~e~ sh~ l~{er ~= reloca~ ~ po~i~ of that reach of ~ho pipe!~ loca~d be~ze~ ~o ~o au~d ~a~mol c~ss~s of na~gati~. By authority ef ~ho Secr~%~ of ~o ~my~ /~ /Lt. Co%,~l~ OE -q ~-~'~ .... ~ CENT~AL'RECORD~ { StaffRe oft DATE: January 26, 2005 TO: Honorable Mayor and City Council FROM: SUBJECT: Mart)' Van Duyn, Assistant City Manager RESOLUTION IN SUPPORT OF THE CITY'S APPLICATION FOR C/CAG'S TRANSIT ORIENTED DEVELOPMENT INCENTIVE PROGRAM RECOMMENDATION: It is recommended that the City Council adopt the attached Resolution in support of the City's application for C/CAG's Transit Oriented Development Incentive Program. BACKGROUND/DISCUSSION: The City / County Association of Governments of' San Mateo County (C/CAG) has initiated a call for projects for the Third Cycle of the Transit Oriented Development Housing Incentive Program. The objective of the program is to encourage the Cities and County to develop high-density housing (greater than 40 units per acre) within one third of a mile of a BART or Caltrain station. An incentive of up to $2,000 per bedroom will be provided. An additional incentive of up to $250 per bedroom will be provided to encourage low or moderate-income housing for at least ten percent of the units. The funding sources include State Transportation Improvement Program, Surface Transportation Program, and Transportation for Livable Communities. The Cities and County are encouraged to use the incentive as part of or to encourage the Transit Oriented Development Housing Project. Projects need not have gone through final County/City approval. There should be a reasonable likelihood that the project will be completed and will begin construction within the next two years since the incentive commitment cannot be extended. This would be the second application the City ihas made for funding under the C/CAG Transit Oriented Develbpment Incentive Program. In 2002, C/CAG awarded the City of South San Francisco funding for the Fairfield Residential project located adjacent to the South San Francisco BART Station. Staff Report To: Honorable Mayor and City Council Subject: C/CAG TOD Incentive Program Date: January 26, 2005 Page 2 City of South San Francisco Proposal City staff expects to submit an application for a 99 unit proposed project within the existing SSF BART Transit Village Zoning District. The application is due February 4, 2005. As part of the application process, C/CAG requests a resolution from the City Council in support of the application. RECOMMENDATION: It is recommended that the City Council adopt the attached Resolution in support of the City's application for C/CAG's Transit Oriented Development Incentive Program. Assistant City Manager Approv~~ ! ' ~45aan~ Mi Nagel City Manager Attachments: 1. Draft Resolution RES OLUTION 7NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING SUBMITTAL OF AN APPLICATION FOR C/CAG'S T1LhNSIT ORIENTED DEVF, I JOPMENT INCENTIVE PROGRAM WHEREAS, C/CAG has recently called for applications for its "Transit Oriented Development Incentive Program" which provides cities a fmancial incentive for approving and building high-density housing (40+ units per acre) within 1/3 mile of a transit village station; and WHEREAS, the City adopted the SSF BART Transit Village Plan in 2001, which permits high-density residential development, to promote 'transit oriented development uses near the SSF BART Station; and WHEREAS, the City has identified projects that may be eligible for program incentives. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby authorizes the City Manager to submit an application for C/CAG's Transit Oriented Development Incentive: Program and executes all documents required to submit the grant. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a meeting held on the ~ day of ,2005 by the following vote: AYES: NOES: ABSTAIN: ABSENT: S :\Current Reso's\1-264)5C-CAG.res.doc AT'rEST: City Clerk Sta ort AGENDA ITEM # 7 DATE: TO: FROM: SUBJECT: January 26, 2005 Honorable Mayor and City Council Mark Raffaelli Chief of Police BUDGET AMENDMENT - GENENTECH DONATION RECOMMENDATION It is recommended that City Council adopt the :attached Resolution to accept the $10,000 donation received from Genentech and to amend the Police Department's current budget to include the $10,000. BACKGROUND/DISCUS SION Genentech has donated $10,000 to the Police Department to be expended in programs that benefit the youth of our community. A portion of this donation, $5,000, will help fund a new program called "Every 15 Minutes," which is designed to prevent high school students from drinking and driving. The presentation begins with a realistic enactment of a fatal car accident involving students who are intoxicated. The accident scene is staged in front ,of the school and is handled by emergency personnel as though it were a real accident, ending with a mortician responding to the scene to remove the bodies. The following day, the grim reaper goes through the school dramatically removing students who will die in future accidents caused by inebriated drivers. The incident is filmed and edited by a professional studio and shown to the entire student body. We will be inaugurating the program at E1 Camino High School in April 2005. The remainder of the funds will be distributed between our D.A.R.E. (Drug Abuse Resistance Education) and Explorer programs. FUNDING There are no general fund obligations. Chief of Police KB'a/n]y M.'Nagel City Manager Attachment: Resolution RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN[ FRANCISCO, STATE OF CALIFORNIA A RESOLUTION ACCEPTING A DONATION IN THE AMOUNT OF $10,000 FROM GENENTECFI AND AMENDING THE 2004-2005 OPERATING PROGRAM BUDGET WHEREAS, staff recommends acceptance of a donation in the amount of $10,000 from Genentech; and WHEREAS, the funds received from Genentech will be expended in programs that benefit youth of our community. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby accepts a clonation in the amount of $10,000 from Genentech and amends the 2004-05 Operating Program budget to add $10,000 to the Police Department's budget. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a meeting held on the __ day of ,2005 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk