HomeMy WebLinkAboutReso 43-2001RESOLUTION NO. 43-2001
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION CONSENTING TO THE AGREEMENT FOR THE
RECONVEYANCE OF OWNERSHIP OF THE PEDESTRIAN
BRIDGE ON HILLSIDE BOULEVARD BETWEEN RIDGEVIEW
COURT AND LINCOLN STREET TO THE SOUTH SAN
FRANCISCO UNIFIED SCHOOL DISTRICT
WHEREAS, staff recommends an agreement to reconvey ownership of the Pedestrian
Bridge on Hillside Boulevard between Ridgeview Court and Lincoln Street to the South San
Francisco Unified School District; and
WHEREAS, in 1999, by agreement the South San Francisco School District consented to
the temporary transfer of ownership for the Hillside Boulevard Bridge to the City of South San
Francisco to allow the City to obtain State funding for the seismic retrofit of the bridge; and
WHEREAS, the seismic retrofit and structural repairs of the bridge were completed in
December 2000 and the project was accepted as complete by the City Council at the January 24th
meeting.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San
Francisco that the City Council hereby consents to the agreement for the reconveyance of
ownership of the Pedestrian Bridge on Hillside Boulevard between Ridgeview Court and Lincoln
Street to the South San Francisco Unified School District.
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 23 day of May,
2001 by the following vote:
AYES:
Councilmembers Pedro Gonzalez, Kar¥1 Matsumoto and John R. Penna,
Mayor Pro Tern Eu.,?.ene Mullin and Mayor Joseph A. Fernekes
NOES: None.
ABSTAIN: None.
ABSENT: None.
ATTEST:
City Clerk /
AGREEMENT
AGREEMENT FORTHE RECONVEYANCE OF
HILLSIDE PEDESTRIAN BRIDGE ATHILLSIDE BOULEVARD
BETWEEN RIDGEVlEW COURT AND LINCOLN STREET
IN SOUTH SAN FRANCISCO
THIS AGREEMENT, made and entered into this ~ day of ,2001, by
and between the CITY OF SOUTH SAN FRANCISCO, a municipal corporation of the State of
California, hereinafter called "CITY", and the SOUTH SAN FRANCISCO UNIFIED SCHOOL
DISTRICT, a municipal Corporation of the State of California, hereinafter called "DISTRICT".
RECITALS
A. DISTRICT, pursuant to an agreement titled "Agreement for the Declaration as a City
Bridge and for Construction Cost for the Seismic Retrofitting of Hillside Pedestrian Bridge At
Hillside Boulevard between Ridgeview Court and Lincoln Street in South San Francisco" entered
into on October 13, 1999, between CITY and DISTRICT, consented to the temporary designation
of the pedestrian bridge on Hillside Boulevard, as located in "Exhibit A" of that agreement, as a City
bridge of South San Francisco for the purposes of having seismic retrofitting performed to the
pedestrian bridge; and
B. CITY has completed the work required to achieve seismic retrofitting of the pedestrian
bridge.
NOW THEREFORE, IT IS AGREED AS FOLLOWS:
AGREEMENT
1. The CITY conveys ownership of the pedestrian bridge to the DISTRICT. Ownership and
maintenance responsibilities for the existing pedestrian bridge and improvements constructed
thereon shall be vested in the DISTRICT, and the pedestrian bridge shall once again become a
DISTRICT facility.
2. The agreement entered into on October 13, 1999, between CITY and DISTRICT, titled
"Agreement for the Declaration as a City Bridge and for Construction Cost for the Seismic
Retrofitting of Hillside Pedestrian Bridge At Hillside Boulevard between Ridgeview Court and
Lincoln Street in South San Francisco", shall be repealed with respect to the provisions of that
agreement regarding the temporary designation of the pedestrian bridge on Hillside Boulevard, as
located in "Exhibit A" of that agreement, as a City bridge of the City of San Francisco.
3. DISTRICT shall hereafter defend, indemnify and hold harmless the CITY, its elected and
appointed officials, officers, employees, and agents from all claims, suits or action of every name,
kind and description, arising out of or relating to the public use of the pedestrian bridge and the
maintenance and operation of the pedestrian bridge to the extent such claims, suits or actions are
due to the negligence or willful misconduct of BISTRICT or DISTRICT'S failure to operate and
Page 1 of 2
maintain the pedestrian bridge. The duty to defend, indemnify and hold harmless includes duties to
defend as set forth in Section 2778 of the California Civil Code.
4. This Agreement shall be binding upon the representative successors and assigns of the
parties hereto.
IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives, have
affixed their hands on the day and year first above written.
CITY OF SOUTH SAN FRANCISCO
BY:
City Manager
SOUTH SAN FRANCISCO UNIFIED SCHOOL DISTRICT
BY:
A"I-I"EST:
Superintendent of Schools
APPROVED AS TO FORM:
BY:
City Clerk
405/001/agree/2001/april/pedestrian bridge agreement
Steven T. Mattas, City Attorney
Page 2 of 2