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HomeMy WebLinkAboutReso 205-1975 RESOLUTION NO. 205-75 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO,STATE OF CALIFORNIA A RESOLUTION AUTHORIZING ASSIGNMENT OF A REVOCABLE PERMIT (HOLIDAY INN) TO SAN MATE0 COUNTY FLOOD CONTROL DISTRICT. · · BE IT RESOLVED by the City Council of the City of South San Francisco that: 1. The City of South San Francisco hereby assigns to the San Mateo County Flood Control District any and all right, title and interest in that certain revocable permit issued December 1962, by the City of South San Francisco, a municipal corporation, to Holiday Inn, Inc., and a copy of said revocable permit is attached hereto as Exhibit "A" and incorporated herein bY said reference as if set forth verbatim. 2. The Mayor of the City of South San Francisco is auth- orized to execute said Assignment on behalf of the City of South San Francisco, and the City Clerk 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~ regU2ar meeting held on the 2?th day of December , 19'75 ,' by the following vote: AYES, COUNCILMEN Terru J.' Mirri,' Leo padreddii and Warren Steinkamp " F Frank Mammini ABSTAINING, . NOES, None ABSENT, Richard A. Battaglia  ~Clerk ATTEST: · ~ ~-~~ ' A S S I G N M E N T REVOCABLE PERMIT ISSUED TO HOLIDAY INN,~ INC. \ THIS ASSIGNMENT, made and entered into as of this 2?th day of December , 1975, by the City of South San Francisco, a municipal corporation, WITNESSETH- WHEREAS, on DeCember 3, 1962' the City of South San Francisco, a municipal corporation, issued a revocable permit to Holiday Inn, Inc., for the placement of a sanitary sewer force main over and across that certain property described as Colma Creek and adjacent service road~ and WHEREAS, the San Marco County Flood Control District has acquired the underlying fee for said portions of Colma Creek and the adjacent service road for the purpose of carrying out a section of the Colma Creek Flood Control Project, and the City of South San Francisco desires to assign all right, title and interest in the above-described revocable permit.to said Flood Control District; NOW, THEREFORE, in consideration of the aforegoing premises, the City of South San Francisco, without warranty, express or implied, hereby assigns to the San Mateo County Flood Control District, any and all rights, title and interest in that certain revocable permit issued December 3, 1962, to Holiday Inn, · Inc., a copy of which is attached hereto as Exhibit "A" and by this reference incorporated herein as if set forth verbatim. CITY OF SOUTH SAN FRANCISCO, A Municipal Corporation · EXHIBIT "A" TO ASSIGNMENT--REVOCABLE PERMIT ISSUED TO HOLIDAY INC. ,INC.-DATED'December 17. 1975 REVOCABLE PERMIT TO HOLIDAY INN. SEWER FACILITY INSTALT~TION : Pursuant to City Council authorizer:lo// of November permission is hereby granted to Holiday Inn, Inc., after this re- ,,o ~-" to install a sanitary sewer force 1 ine, ferred to as .J;ermitt~_ ~ _ h~e.~na~uer called faciiity"~ v~ithin City property as shown on the attached drawing 6203Y-FSi as revised. This Permit is issued on the following terms and conditions: 1. permittea shall secure the necessary construction permits. 2. Permittea Shall pay the entire cost of constructing and maintaining the faqi!ity installed. City, its officers, agents or employees shall have no obligation to maintain, repair or p=o_ec~ said facility from damage or clear sama~ should it not function or becom~ C:iogged or inoparativm.' 3. The facility shall be the private property of Permittee. 4 Permittee shall take all action n~=~,sa:_y to secure P~- mits from Southern Pacific Company for constructing said sewer fa- c.~,_zty on' the Southern Pacific railroad tracks, and Permittee in ' nOl~ ~-~ SO doing shall in no way be acting as agent, em:-_.~y=_ or represent- --- ative of City~ and City shall have no obligation to Southern Pacific on account of the construction, operation or maintenance of said sewer 'facility° 5. Permittea shall construct and in tall said facility so that the depth of the cover of the proposer se~mr facility shatl be at least two feet below the designed flow line elevation of . . Col~-Creek or five feet belOw the present silted bottom of the Creek at tb~t point of the installation, ~whichever is Permittee ~,~ith kno;~!edge of the fact tbmt .City conducts dredging operations in Colm~ Creek to keep said d~azn o~ ~,~ay open to carry off Storm ~aters assumes .the risk of daddy-age to said facility by operations conducted or authorized by City Should said operations, damage said facility, Permittae shall r~oair_~ or replace same at its sole cost and expense and shall hold ~the City, its officers, agents and employees harm,__ss of any claim or liabi!- . ity arising therefrom including those of third -,~'~ pa._ ~_~s c!~ .'~,~ n~ damage as a result of said damage to said facility° 6.~ Shon!d the Permittee be required to cut the pavament in crossing b~tchell Avenue and. Harbor Way, in installing said facility, Permittee shall repair or replace same by providing a six-inch thick concrete base and a one and one-half ihCh].~thick asphalt con-' crete pavement over the trench to the satisfaction of the Director ~ of Public Works. Prior to cutting into said pavement, Permi~tee . shall deposi,t a $300.00 cash deposit with the City Clerk to se- · · cure the satisfactory completion of said repairs which, when sai& repairs are completed, shall be returned to Permittee. ..... 7. Pemittee hereby acknowledges title of City in and to . said property and agrees never to assail or resist sai~ title or - interest. ' ' 8. Permittea in using the property shall in no way interfere with or limit City's rightl to m~ke use of said property. 9o This Permit to use City property for the purpose of con- stoic'ting an~l installing the facility is e--=de to the extent that the City has the pow~=r' or authority to grant it, and should terrain- trion of the use be required by action of ~o_..~ C~ty_ as h=~=~:~.~efore..-.~-..= set forth or otherwise, Permittee shall have no claim 'for loss or damage against the City, its officers or employees, · 1Oo This Permi~ shall no~ be assigned by Permittee without written consent of the City first having been obtained, Permitt.ee agrees tb~t the terms of this Permit shall be binding upon his _ heirs, successors and assigns. !i. This Permit shall not become effective until Permittee has agreed to th.a terms and conditions herein by executing ta~s Permit through an authorized representative of Permittee, and said accepted Pe.r~it is filed ~,~ith the City Clerk. 3~ 12o This Permit shall be revocable by City upon City giving Permittee nih,cry days ~¢ritten notice, and may ba modified by City upon City giving Permittea ninety days ~¢ritten notice. 13. PermiCtee hereby agrees to and doe~ hold City, its elec-' - .. . tire and appointive.boards, officers, agenta and employees harmless: from any liability or da~.mage or claims for dar~ge for personal in-- . jury inc.!riding death~ as well as for claims for property dap~a~o caused by the use of said property or the const~ction, maintenance or operation of the facility thareon o Permittee agrees to and shall defend CitY~ its elective and appointive boards~ officer~, agents and employees from any suits or a_~zono at law or e~uity for damages caused or alleged to have be~n caused by reason of the use of City property through the const~action~ installation, oper-- ation and maintenance of said facility° Date Issued · A~.RY'HO~ A. ROD01'~Di Ci'~ cier~ This permit is accepted on the terms and conditions herein contained. · HOLLDAY iNN . _--g.,., //.. . .:- ..