HomeMy WebLinkAboutReso 4987-1968RESOLUTION NO. 49 87
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT
BETWEEN CITY AND HASKINS-FERRANDO (AND SUCCESSORS
IN INTEREST) REGARDING FILL OF TIDEi LOTS.
BE IT RESOLVED by the City Council of the City of South
San Francisco that a grading permit having been heretofore
issued to Fred Ferrando and Florence Ferrando, his wife, and
Arthur S. Haskins, Jr., and Bonnie Haskins, his wife, dated
August 16, 1965, permitting the construction of a dike and the
filling of Tide Lots 1, 2, 5, 7 and 8, known as the Haskins-
Ferrando property, the terms of which permit require Permittees
to obtain from private owners, public agencies (including those
with proprietary rights and regulatory jurisdictions) and others,
any and all rights, consents and permits which may be necessary
to proceed with and complete the fill and appurtenant works
and Permittees having need to obtain the consent of City to
dredge a new channel on lands of City as provided for in said
permit, plans and specifications and related documents and
City desiring to consent thereto provided Permittees comply
with the following terms and conditions:
1. Permittees shall construct and install at Permittees' cost
and expense the new channel in accordance with the terms
and conditions of the grading permit and plans and specifi-
cations as approved by the Director of Public Works.
2. Permittees shall secure performance by a performance bond
and labor and materials bond or other security satisfactory
to City, as required by City.
3. Permittees shall file property damage, personal injury and
compensation insurance certificates satisfactory to City.
4. Permittees shall indemnify and hold harmless City, its elective
and appointive officers, agents and employees from damages or
claims for damages including those that may be asserted on
the theory of inverse condemnation and provide in said agree-
ment or by separate agreement covenants running with the land,
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requiring the maintenance of the seawall or dike in
accordance with the plans and specifications, particularly
so that said seawall or dike is maintained to retain the
fill in accordance with the plans and specifications and
prevent encroachment or slippage into the channel area.
5. Permittees shall file grading plans ~or supplemental plans
and specifications necessary to implement those submitted for
the grading permit, and provide for the supervision and
inspection of the construction, installation and placement
of the fill and the dike in accordance with the plans and
specifications by a soils engineer with the requirement that
said soils engineer shall file a certificate of compliance
when said construction and installation are complete.
6. Permittees shall maintain the former channel in an open and
usable condition should demand be ma~de by the parties with
rights to pass through said channel pending termination of
City's and public's rights through a quiet title action.
7. Permittees shall determine the rights of other property owners
in the former channel and terminate said rights by agreement,
release or appropriate legal proceeding.
8. Permittees shall perform the work at no cost to City.
9. Permittees shall assert no right, title and interest in and
to the properties of City, including easements and rights-of-
way within or without the tide lot property lines and shall
waive any and all claims or rights t° lands formed by
accretion or otherwise except the right to construct, install
and maintain the slope and toe of slope as herein provided.
10. Permittees shall construct and install the dike or seawall
and maintain same so that the toe o.f slope shall not encroach
more than one hundred feet (100') southerly of the property
line of the tide lots.
11. Permittees shall at the election of City form a maintenance
district for the purpose of maintaining the dike or seawall,
fill and appurtenances, including the maintenance of the toe
of slope as hereinbefore provided.
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12. City shall consent to the relocation, construction and
installation of the new channel in accordance with the
grading permit, plans and specifications and related
documents.
13. City shall have a right to use the slopes or the seawall
encroaching on City's lands southerly of the tide lots of
Permittees on terms and conditions mutually agreeable to
City and Permittees.
BE IT FURTHER RESOLVED that City and Permittees or their
successors and assigns may provide for the performance of any
or all of the aforegoing terms and conditions through an agree-
ment, and the Mayor is authorized to execute same on behalf of
the City and City Clerk is authorized to~ attest his signature
thereto.
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
on the 4th day of November
lowing vote:
regular meeting held
, 1968 , by the fol-
AYES, COUNCILMEN Frank J. Bertucelli, Patrick E Ahern, F. Frank
M~u~tni, Andrew Rocca, and Warren SteinS.
NOES, None.
ABSENT, None.
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