HomeMy WebLinkAboutReso 52-2009RESOLUTION NO. 52-2009
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION APPROVING THE AMENDED AND
RESTATED OYSTER POINT MARINA FERRY TERMINAL
LEASE AGREEMENT WITH THE SAN MATED COUNTY
HARBOR DISTRICT AND THE SAN FRANCISCO BAY
WATER EMERGENCY TRANSPORTATION AUTHORITY
AND AUTHORIZING EXECUTION AND RECORDATION OF
MEMORANDUM OF LEASE
WHEREAS, the City owns the real property and water area known as Oyster Point
Marina ("Marina"); and
WHEREAS, in 1977, the San Mateo County Harbor District ("Harbor District") entered
into a Joint Powers Agreement with the City to control and operate the Marina; and
WHEREAS, the San Francisco Bay Water Transit Authority ("WTA") desires to lease
from the Harbor District a portion of the Marina known as the Oyster Point Ferry Terminal
("Ferry Terminal"); and
WHEREAS, at a regular meeting on December 12, 2007, the City Council authorized. the
execution of the Ground Lease and License ("Original Lease") for the Oyster Point Ferry
Terminal with the Harbor District and the WTA, conferring upon the WTA rights over the Ferry
Terminal for ferry service operations and improvements installation up to 15 feet above ground
level for fifty-five years; and
WHEREAS, on January 1, 2008, the WTA ceased to exist and the San Francisco Bay
Area Water Emergency Transportation Authority ("WETA") became its successor entity; and
WHEREAS, at a special meeting on December 22, 2008, the City Council authorized the
execution of an amended and restated Original Lease; and
WHEREAS, since that authorization the parties have negotiated additional terms at the
request of the Department of Boating and Waterways, which is required to consent to the
amended and restated Original Lease; and
WHEREAS, the parties seek to execute the amended and restated Original Lease
containing such additional terms and to execute and record a Memorandum of Lease.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San
Francisco that the City Council does hereby:
1. Approve the Amended and Restated Ground Lease and License by and between
the City of South San Francisco, the San Mateo County Harbor District, and the San Francisco
Bay Water Emergency Transportation Authority, substantially in the form set forth in Exhibit A,
attached hereto, but subject to revision as deemed appropriate by the City Attorney;
2. Authorize the City Manager to sign and execute, on behalf of the City, the
Amended and Restated Ground Lease, substantially in the form as set forth in Exhibit A,
attached hereto, but subject to revision as deemed appropriate by the City Attorney; and
3. Authorize the City Manager to sign, execute and record, on behalf of the City, the
Memorandum of Lease, substantially in the form as set forth in Exhibit B, attached hereto, but
subject to revision as deemed appropriate by the City Attorney.
* * * ~
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 special meeting held on the 18th day of
June, 2009 by the following vote:
AYES: Councilmembers Pedro Gonzalez, Richard A. Garbarino and Kevin Mullin,
Vice Mayor Mark Addie~o and Ma o~Karyl Matsumoto
NOES: None
ABSTAIN:
ABSENT: None
ATTEST: V~,Jb.~'~.., C~cJl~
Deputy City Clerk
Exhibit A
Amended and Restated
Ground Lease
Exhibit B
Memorandum of Lease
E~~IYgYT A
LEGAL DESCRIPTION AND DEPICTION D)<' pE1vIISED PT2EMISES
LEGAL DESCRIPTION:
The description of the Leased Premises for the Oyster Point 1~crry Terminal ("Terminal") as
illustrated in the "Water Transit Autl3ority South San Francisco Ferry Terminal Partial Site
Layout Plan (East Basin}" attached heretivith and incorporated by reference herein is as follows:
An area of land and water surrounding and adjacent to the Terminal whose boundaries running
nortlL~south are on either side of and parallel to the 7'ernzinal, extending northward from the
northern or waterside edge of the existing pedestrian and bicycle path identified on the Layout
Plan as "Existing Bay Trail" for approximately tl}rce hundred seventy {37a) feet and whose
nortltcrn edge runs eastlwest for approximately one hundred twenty-six (l26) feet, and whose
southern edge runs east west for approximately ttvo hundred forty-four {244) feet~at a distance
approximately fi#~y-five (55) feet south of the Terminal entrance. The easternmost edge of the
landslide portion of the Leased Premises is approximately forty-five (45} feet east of the eastern
north/south waterside boundary of the Leased Premises and approximately five (5) feet west of
tl~e existing restroom foundation.
DEPICTION: SEE ATTACI-lED
to a