Loading...
HomeMy WebLinkAboutReso 16-1995RESOLUTION NO. 16-95 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO APPROVING A SETTLEMENT AND RELEASE WITH SHELL OIL CORPORATION RELATED TO A 1983 RELEASE OF PETROLEUM PRODUCTS AT THE CITY'S WATER POLLUTION CONTROL PLANT WHEREAS, the City in 1992, identified hydrocarbon contamination that was caused by Shell Oil Corporation; WHEREAS, the City incurred expenses in the amount of $291,400.00 to investigate and remediate said contamination; WHEREAS, the City and Shell Oil Corporation have prepared a settlement release document in which the City would release Shell Oil Company from liability for any costs and delays incurred by the City during construction of its Water Pollution Control Plant, any and all damages to improvements, trees, fences and personal property, and any and all claims and causes of action which the City might otherwise be entitled to assert with relation to the 1983 pipeline release of petroleum products at the City of South San Francisco Water Pollution Control Plant; WHEREAS, the City Engineer has recommended approval of the settlement and whereas the City Attorney has approved the release documents. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco, that: 1. The release agreement between the City and Shell Oil Corporation, a copy of which is attached hereto as exhibit "A", is hereby approved. III III III III III III III III 2. The City Manager is authorized to execute the release on behalf of the City. 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 22nd day of March , 1995, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Councilmembers Jack Drago, Joseph A. Fernekes, John R. Penna. Rnh~rta Cerri Teglia and MaYor Robert Yee None None Non~ \wpd\mnrsw\405\she [ [. rs0 ATTEST: RET, EASE In consideration of the sum of TWO HUNDRED NINETY-ONE THOUSAND FOUR HUNDRED AND NO/100 DOLLARS ($291,400) paid by Shell Pipe Line Corporation ("SHELL") to the undersigned, the receipt and sufficiency of which is hereby acknowledged, the undersigned hereby releases SHELL, and its affiliates and subsidiaries, and their successors, assigns, employees, associates, officers and directors, insurance carriers, and contractors of and from any and all claims and causes of action, damages and liabilities, known or unknown, which the undersigned may have or claim to have against SHELL resulting directly or indirectly from any operations, acts or omissions of SHELL prior to the date of tiffs Release and arising ont of.' 1) any and all costs and delays incurred by the City during construction of the San Bruno Water Quality Control Plant Improvements; 2) any and all damages to improvements, trees, fences and personal property; and 3) any and all claims and causes of action Milch the undersigned might otherwise be entitled to assert with relation to a 1983 pipeline release of petroleum products on the following described property located in San Mateo County, California: City of South San Francisco San Bruno Waste Water Plant site located at 195 Belle Air Road, South San Francisco, CA whether or not such injury or damage is presently known or suspected to exist, it being the firm intention of the undersigned to waive and release any and all claims and causes of action Milch the undersigned might have with relation the said 1983 pipeline release. The parties hereto agree that this Release shall not affect Shell's ongoing obligations or duties relating to groundwater monitorhag, or any other environmental remediation activity required by the CA Regional Water Quality Control Board in connection with the said 1983 pipeline release. As to the claims identified as nnmbers 1 - 3 in the first paragraph above, but excluding any claim for environmental remediation mentioned in the preceding paragraph, the undersigned expressly waives any benefit from the provisions of Section 1542 of the Civil Code of the State of California which reads as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Payment by SHELL of the consideration hereinabove provided is a compromise settlement of a claim of the undersigned and shall not constitute or be deemed to be an admission by SHELL of any obligation or liability of any kind whatsoever to compensate the undersigned for such claim. Tlfis Release contains the entire agreement between tho parties hereto, and all of the terms of tiffs Release are contractual, and not mere recitals. The undersigned confirms tlmt it has carefully read the foregoing and has signed tiffs Release as its own free act on (CAIFFION: Tills Lq A REI,EASE. READ IT CAREFIII,I,Y BEFORE .qlGNING.) Witness(es): CITY OF SOUTH SAN FRANCISCO TITLE: TAX PAVER ID # (FOR SEIELL'S USE ONLY) LINE Bay Area Products Line R/W NO. SFPL 1-83 NO. ACRES N/A R/W AGENT R.J. Dold CltECK NO. 156653 JOB NO. 304130 LAND DESCRIPTION City's San Bruno Waste Water Treatment Plant located at 195 Belle Air Road, and being located in a northerly direction from Si~ll~[f'~.l~[llT: ~$1a~.q~l~[c~~eting Terminal, all in the City of South San Francisco, San Mateo County, CA.