HomeMy WebLinkAboutReso-104-2005
RESOLUTION NO. 104-2005
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AMENDED REVOCABLE LICENSE AGREEMENT
WITH PARKING COMPANY OF AMERICA AIRPORTS ON A CITY
OWNED PROPERTY LOCATED AT 160 PRODUCE AVENUE, SOUTH
SAN FRANCISCO
WHEREAS, the City of South San Francisco adopted Resolution 146-83 on October 19,
1983 authorizing the City Manager to execute a revocable license agreement to lease said parcel
of land to Parking Company of America Airports in the amount of Eight Hundred Fifty Dollars
($850.00) per month; and
WHEREAS, the City obtained an appraisal report on February 9, 2004 and determined
that the property was valued at $30 per square foot with a lease value of 1 % per month. The City
reviewed the subject license agreement in June of 2004 and determined that the current lease
value to be Three Thousand Nine Hundred Twenty Three Dollars ($3,923.00) per month. The
City and Parking Company of America Airports adjusted the license fee and both agreed to
amend the current license agreement to reflect the new month rate and extend the agreement for
an additional five (5) years; and
WHEREAS, the revenue will be credited to the Rental Income Account.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San
Francisco that the City Council hereby approves the Amended Revocable License Agreement
attached hereto as Exhibit A.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the
agreement on behalf of the City of South San Francisco.
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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 regular meeting held on the 28th day of
September 2005 by the following vote:
AYES:
Councilmembers Richard A. Garbarino and Karvl Matsumoto, Mayor Pro Tem
Joseph A. F emekes and Mayor Raymond L. Green
NOES: None
ABSTAIN: None
ABSENT: Councilmember Pedro Gonzalez
ATTEST:
~~{~ (J) , 4~
City Clerk
Al\1ENDl\1ENT TO RESOLUTION NO. 146-83
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION AUTHORIZING EXECUTION OF A REVOCABLE LICENSE
FOR THE USE OF A PARCEL LAND OWNED BY THE CITY OF SOUTH SAN
FRANCISCO TO PARKING COMPANY OF Al\1ERICA AIRPORTS
This amended revocable license for the use of a parcel of land owned by the City of
South San Francisco is shown in Exhibit 1.
This License issued this day of , 2005 provides for the
revocable use of an area of land situated in the City of South San Francisco, County of
San Mateo, State of California, designated as a strip of land 55 feet wide along the
northeasterly 55 feet of Lot 28, Block 2, as said lot and block are shown on that certain
map entitled "Person and Swanson Industrial Tract, South San Francisco, San Mateo
County, California" which was filed for record on September 5, 1961 in the office of the
County Recorder of the County of San Mateo, in Book 55 of Maps at Pages 12 and 13
and being more particularly described as shown on Exhibit "A" attached hereto and
incorporated herein by this reference (hereinafter the "Property").
The City of South San Francisco (hereinafter "City") hereby grants to PARKING
COMPANY OF AMERICA AIRPORTS, located at 8255 Firestone Blvd., Suite 502,
Downey, California 90241, (hereinafter "Licensee") for a period of five (5) years ending
in day of , 2010 from the date stated above unless
sooner terminated by the City at the City's sole discretion, a revocable License for the
temporary use of the Property. Licensee is granted this license for the limited purpose of
operating, managing and maintaining a commercial parking facility as its business
enterprise. Licensee is limited to the use of a Property for said purposes only.
Item No. 12 is hereby amended to read:
Licensee shall take out and maintain during the life of this permit the following policies
of insurance:
(a) Worker's Compensation and Employers' Liability Insurance in the statutory
Coverage: In signing this agreement, the Licensee makes the following
certification -
"1 am aware of the provisions of Section 3700 of the California Labor Code
which require every employer to be insured against liability for Workers
Compensation or to undertake self-insurance against in accordance with the
provisions of the code, and 1 will comply with such provisions before
commencing the performance of the work authorized by this Agreement."
(b) Public Liability Insurance: In an amount not less than FIVE HUNDRED
THOUSAND DOLLARS ($500,00.00) for injuries, including, but not limited
to, death, to anyone person and subject to the same limit for each person, in
an amount not less than ONE MILLION DOLLARS ($1,000,000.00) on
account of anyone occurrence.
(c) Property Damage Insurance: In an amount not less than ONE MILLION
DOLLARS ($1,000,000.00) for damage to the property of each person in
account of anyone occurrence.
(d) Contractual Liability Insurance: Licensee shall take out and maintain during
the life of this permit an insurance policy in the amount of at least ONE
MILLION DOLLARS ($1,000,000.00) insuring the City, its elective and
appointive boards, commissions, officers, agents and employees, and Licensee
against damage sustained by reason of any action or actions at law or in
equity, and/or any claims or demands by reason of any breach or alleged
breach of any contract, or provisions thereof, or by reason of any contractual
liability, or alleged contractual liability on any contract, entered into by
Licensee and/or any of its agents or employees.
(e) It is agreed that the insurance required by Subsections B, C, and D shall be in
an aggregate amount of not less than ONE MILLION FIVE HUNDRED
THOUSAND DOLLARS ($1,500,000) and shall be extended to include as
insured's: the City of South San Francisco, its elective and appointed officers,
boards, Commissions, agents, employees and volunteers, with respect to
operations performed by the Licensees as described herein. The coverage
shall contain no special limitations on the scope of protection afforded to the
City. Evidence of the insurance described above shall be provided to the City
upon execution of this Agreement and shall be subjected to approval by the
city Attorney as to form, amount and carrier. The policy of insurance shall
also contain a provision indicating that such insurance shall not be reduced or
cancelled except upon thirty (30) days written notice to the City. In addition,
the following endorsement shall be made on the policy of insurance:
"Notwithstanding any other provisions in this policy, the insurance
afforded hereunder to the City of South San Francisco shall be primary as
to any other insurance or reinsurance covering or available to the City of
South San Francisco, and such other insurance or reinsurance shall not be
required to contribute to any liability afforded hereunder is exhausted."
Item No. 16 is amended to read:
The fee for this license shall be in the amount of Three Thousand Nine Hundred
Twentv Three Dollars ($3,923.00) per month. All of said fees shall be paid at the
office of the Property Manager of the City of South San Francisco located at City
Hall, 400 Grand Avenue, South San Francisco, California 94080, on the 30th day
of each month, in advance. Said monthly rate shall be subject to review and may
be increased by the City at its sole discretion.
Item No. 17 NOTICES is amended to read:
All notices required by this permit shall be in writing and sent first class, postage
prepaid, addressed as follows:
TO:
CITY OF SOUTH SAN FRANCISCO
400 Grand A venue
South San Francisco, CA 94080
Attn: Property Manager
TO LICENSEE:
PARKING COMPANY OF AMERICA AIRPORTS
8255 Firestone Boulevard, Suite 502
Downey, CA 90241
All other items not amended in Resolution No. 146-83 shall remain the same and
in effect upon execution of the resolution.
IN WITNESS WHEREOF, the parties have executed this Agreement at
on the day and year of the first written above.
CITY OF SOUTH SAN FRANCISCO
municipal corporation
PARKING COMPANY OF
AMERICA AIRPORTS
By: Barry Nagel, City Manager
ATTEST:
Sylvia Payne, City Clerk
APPROVED AS TO FORM:
~~~~
Steve Mattas, City Attorney
EXHIBIT "1\"
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EXHIBIT A
PARCEL A
All that certain real property situated in the City of South San Francisco~
County of San Mate? ~ State of California, said real" property being a strip
of l~md 55 feet \'fide along the northeasterly 5S feet of Lot 28, Block 2, as
" said "lot and block are shO\'m on that ce~tain map entitled "Person and Swanson
Industrial Tract, South San Francisco~ San f.iateo County.>> Californian J which
map' was filed for record on September 5, 1961, in the Office of the County
Recorder of the County of San Mateo~ in Book 55 of Maps at pages 12 and 13.
Said strip of land extending from the sQuthe.asterly right of way line of
San J.lateo Avenue to the southeasterly line of said Lot 28 as said Avenue
and Lot are shmm on the above described map and said strip of land being
more .particularly described as follm-rs:."
".BEGINNING at the most" northeasterly corner of the aforementioned
'Lot 28~ Block 2; thence proceeding in a north\'lesterly direction
along the northeasterly boundary of said Lot. 28~ North 540 31 t 15)1
West 237.72 feet; thence South l~o 391 West 60.13 feet; thence
South 540 .311 1511 East 237.72 feet; thence North 110 391 East 60.13
feet to the point of. BEGIl\1NING.
Described strip. of land containing an area of 137075.59 square feet~ more or
less.
The above-described property being a portion of Assessor's Parcel Number
15-114-280.
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