HomeMy WebLinkAboutReso 56-1978RESOLUTION NO. 56-78
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION AUTHORIZING EXECUTION OF
AN ASSIGNMENT AND DELEGATION AGREEMENT
BETWEEN THE DEPARTMENT OF NAVIGATION
AND OCEAN DEVELOPMENT, CITY OF SOUTH
SAN FRANCISCO AND SAN MATEO COUNTY
HARBOR DISTRICT (OYSTER POINT MARINA).
WHEREAS, the California Department of Navigation and Ocean
Development (hereinafter called DNOD) and the City of South San Francisco,
a municipal corporation (hereinafter called City),executed an agreement
dated November 20, 1961, as supplemented (hereinafter called Previous
Agreements I) and an agreement dated January 29, 1973, and an agreement
dated September 8, 1975, as amended January 17, 1977 (hereinafter called
Previous Agreements II), and
WHEREAS, City and the San Mateo County Harbor District, a polit-
ical subdiv%~ion of the State of California (hereinafter called District),
entered into a Joint Powers Agreement effective as of November 11, 1977,
authorizing and empowering District and City to jointly develop and con-
struct facilities at Oyster Point Marina/park and authorizing and empowering
District to manage, operate and maintain the existing and future Oyster Point
Marina/Park as therein described, and
WHEREAS, DNOD, City and District have determined that it is in the
best interest of the public to assign and delegate to District those interests,
obligations and responsibilities incurred by City through' the Previous Agree-
ments;
NOW, THEREFORE, BE IT RESOLVED by the City of South San Francisco
-- that:
1. Execution of Assignment and Delegation Agreement, Execution
of the Assignment and Delegation Agreement, a copy of which is attached
hereto as Exhibit A, is hereby authorized.
2. Signatures. The City Manager is authorized to sign said
agreement on behalf of the City and City Clerk attest his signature thereto.
3. Duplicate Original. A duplicate original bearing the signatures
of all the parties shall be filed with the office of the City Clerk.
·
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 17th day of ~a~
1978, by the following vote:
AYES: Councilmen Ronald G. Acosta, Emanuele N. Damonte and Terrq J.
Mirri , Councilwoman Roberta Cerri Teqlia
NOES: Councilman William A. Borba
ABSENT: None
ATTEST' ~~-~ Cl~.t~ler~kk~
e
EXHIBIT A
TO RESOLUTION 56-78 ADQ.PTED MAY 17, 1978
ASSIGNMENT AND DELEGATION AGREEMENT
·
(OYSTER -POINT }kARI NA)
·
.
THIS AGREEMENT is made and entered into between the
4 ,California Department 'of Navigation and Ocean DevelOpment ~erei:--
5 after called DNOD); the. City of South San Fra. ncisco,, a
·
6 corporation (hereinafter called CITY); and the San
· 7. Harbor D. istrict, a political subai%ision of the Stat~ of Californi~
·
S (hereinafte~ called DISTRICT)..
DEFINITIONS
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1...PREVIOUS AGREEmeNTS shall mean (1) the agreement be%~ween
1! DNOD and CITY dated November 20, 19.61, as supplemented (herein-
12 after called PREVIOUS AG'REEMENTS I), and (2) the
]~ DNOD and CITY dated January 29, 1973, and ~he agreement date~
14 September 8, 1975, as'ame~de.d. January 17, 1977 {hereinafter called
'PREVIOUS AGREEMENTS II). .
.
-
. .
'!6 Z.' ' PROJEC~ shall mean the small craft harbor
·
the PREVIOUS AGREE~IENTS and t~e JOINT POWERS AGREEk.~i{T
CITY and DISTRICT,'and any work, construction or improve_-------chis
.
1~ 'undertaken by either CITY or DISTRICT for t~e' developm~n~ thereof.
.'~m~)3. JOINT POWERS AGREEMENT shall mean the Joint Pow~r$
21 Agreement between DISTRICT and CITY datea November !!, !9~.
·
22 RECITALS '
1. DNOD, pursuant to PREVIOUS AGREEMENTS I, Ioane~ City
funds for completion of the PROJECT described in said
and works~ construction and improvements undertaken By C,_-?£ for
26 development of the existing Marina.
2. DNOD, pursuant to PREVIOUS AGREEMENTS II, agreed to lend
2 '-CITY Six Million Forty Thousand Dollars ($6,040,000), subject
legislative approval.
CITY is the owner or .has control of all of the real
property which together comprises the PROJECT. 'AREA.
6 4. CITY and DISTRICT entered into a JOINT PO~'~RS AGREE~.~NT
7 effective as of November 11, 1977, authorizing and empowerin~
8 DISTRICT and CITY fo jointly develop and construct facilities at
9 Oyster Point Marina/Park and authorizing and empowgring DISTRICT'
10 to manage, operate and maintain the existi, ng and future Oyster
Point Marina/Park as therein described.
5. Each of the parties to this agreement has determined
]3. that it is in the best interests of the public to'assign and dele-
]4 gate to DISTRICT, and for DISTRICT to assume, th..e obligations and
15 responsibilities incurred By CITY through the PREVIOUS AGR~E~..~NTSo
']6 The purpose of this agreement is to effect the assignment and
17 delegation of those ~uties now 'required of the cITY under the
-.
18 PREVIOUS AGREEMF. NTS, and the assumption of those interests,
19 obligations and responsibilities by DISTRICT.
2O
21
GENERAL TERMS
.
·
To accomplish the desired assignment and delegation of
22 duties, DNOD, the CITY and the DISTRICT specifically agree, wi~h-
25 .out limitation, to the following:
1. This agreement shall be effective as of January I, 1978.
2. CITY hereby assigns and delegates to DISTRICT all of
26 CITY's rights and interests and all of CITY's obligations and
-2-
Exhibi.t A to Resolution 56-78
! responsibilities acquired and incurred by CITY pursuant to the
2 terms and provisions of PREV. IOUS AGREEMENTS between CITY and DNOD,
~ and DIST.RICT hereby accepts said assignment and delegation.
'4 PREVIOUS .AGREEMENTS between CITY and DNOD shall be interprete~
5 as though DISTRICT had been the original applicant.
6' 3. DNOD hereby consent's to said assigDJ~ent of rights and
7 interests and delegation of obligations and responsibilities and
8 the assumption thereof subject to the terms and provisions of
9 this agreement.
4. Nothing herein shall be construed~ as enlarging,
restricting or modifying the right.s and obligations of CITY and
&
~2' DISTRICT pursuant to the terms and provisions of the JOINT POWERS
. .
I5 AGREEMENT.
·
5.. In the event the .gross revenues from the operation of
l~ facilities located or constructed in the PROJECT AREA are not
· 16' sufficient to re~ay loans made by DNOD in accord with the terms
17 and provisions of PREVIOUS AGREEMF. NTS, and notwithstanding any
~8 terms and provisions Of said PREVIOUS AGREEMENTS, DISTRICT shall
~9· supplement said gross revenues and make said payments, from other
20 'funds available to the DISTRICT-for said purpo.ses and, if neces-
2! sary, shall as i's lawfully authorized, levy and collect such
22 taxes as may be necessary to pay each installment or principal
23 and interest as it falls due.
24 6. This 'agreement shall be binding upon the successors of
2~ the parties hereto.
26 IN WITNESS WHEREOF, the parties hereto have executed this
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Exhibit A to Resolution 56-78
! Assignment and Delegation Agreement.
STATE OF CALIFORNIA
· DEPARTMENT OF NAVIGATION
mqD OCEAN DEVELOPMENT
.By
Director
Date Signed
CITY OF SOUTH SAN FRANCISCO
By
SAN MATEO COUNTY HARBOR DISTRICT
By
Date Signed
Date Signe~
17
18 I hereby .certify that all conditions for exemption set forth in
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19 State Administrative Manual Section 1209 have been' complied with
20 and this document is exempt from review by the Department of
21 Finance.
'-
Director
24
26 .
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Exhibit A to Resolution 56-78