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.,., //..
. .:- ..