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HomeMy WebLinkAboutReso 2-1981 RESOLUTION NO. 2-81 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING ISSUANCE OF A DREDGING PERMIT TO THE CITY OF BRISBANE WHEREAS, the City of Brisbane, a Municipal Corporation of the State of California, has applied for a permit to dredge 97,000 cubic yards of material in order to create an approach channel to its proposed Marina Basin at Sierra Poi nt; and WHEREAS, an Enviornmental Impact Report was prepared for the Marina Project including dredging of approach channels therefor, and that Environmental Impact Report in its final form was approved by the City of Brisbane in 1976 in the manner prescribed by the California Environmental Quality Act, Sections 21000 et. seq. of the Public Resources Code and by Chapter 3 of Title 14 of the Administrative Code; and WHEREAS, in accordance with Sections 15064 and 15085 of the Administrative Code, this Council has considered the aforementioned final Environmental Impact Report; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that: 1. Issuance of a Permit. Issuance of a Dredging Permit to the City of Brisbane is hereby authorized, and a copy of said Permit is attached hereto as Exhibit "A." 2. Signatures. The Director of Public Services is authorized to issue said Permit on behalf of the City, and the City Clerk attest his signature thereto. I hereby certify that the foregoing Resolution was regularly intro- duced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the 7th day of January , 1981, by the following vote' AYES- Councilmen Ronald G. Acosta, Mark N. Addiego, Emanuele N. Damonte, NOES' ABSENT: Gus Nicolopulos; and Councilwoman Roberta Cerri Teglia None None EXHIBIT ;'A" DREDGING PERMIT City of Brisbane 44 Visitacion Avenue Brisbane, CA 94005 Gen tl emen: Pursuant to your application dated December 2, 1980, and by the authorization of the City Council of the City of South San Francisco pursuant to Resolution No. 2-81 dated January 7, 1981 , you are hereby granted permission to dredge a maximum of Ninety-Seven Thousand (97,000) · cubic yards of sand, silt and gravel excluding all other minerals including, but not limited to, oil, gas and geothermal material from an area of tide and submer'ged lands in the City of South San Francisco, County of San Mateo, as described and designated in Exhibits "A" and "B" attached hereto, which are by this reference expressly made a part hereof. Said permission includes the right to deposit said material at the COE disposal site in San Francisco Bay. Inasmuch as this Permit is being given to the City of Brisbane, a municipal corporation of the State of California, no royalty will be assessed for material dredged ahd deposited at the COE disposal site in San Francisco Bay, and a royalty of Twenty-Five Cents (25¢) per cubic yard shall be paid for material placed on private property or used for any private or commercial benefit. Said permission is given on the condition that all dredging and spoils deposition shall be done in accordance with all applicable Federal and State laws, rules and regulations and Ordinances, rules and regula- tions of this City. Said permission shall be effective from January 8, 1981 through April 8, 1981. The permission to dredge the above-described lands is based upon infor- mation presently available to the City and is given without survey or title determination. Such permission shall not beconstrued as fixing City land boundaries or as necessarily establishing the extent of the City's claim to property in the area. The City warrants neither the title to the demised premises nor any right you may have to possession or quiet enjoyment of the same. It is hereby agreed that the operations authorized under this Permit shall be performed with diligence, in a good and workmanlike manner, and with the use of due care and safety precautions. It is further agreed that you shall submit reports substantiat.ing the volume of materials dredged and any royalties due to the City on a quarterly basis. It is agreed that you shall submit said reports on or before the 25th day of the month following the end of each permit quarter, together with pay- ment for the royalty due on the volume dredged during that quarter. The first permit quarter shall be the first three (3) months following the effective date of this Permit, and every three (3) month period thereafter shall be a permit quarter. It is hereby agreed.that, pursuant to Public Resources Code Section 6224, any installments of royalty accruing under the provisions of this Permit that are not paid when due shall be subject to a five percent (5%) penalty and shall bear interest at the rate of one percent (1%) per month from the date when the same was payable by the terms hereof. ¸' It is agreed that you shall furnish the City with copies of final surveys or copies of any other computations used as a basis to verify dredge volumes within 25 days of completion of the activity authorized hereunder. It is agreed that you shall indemnify, save harmless and, at the option of the City, defend said City, its officers, agents and employees, against any and all claims, demands, causes of action or liability of any kind which may be asserted against or imposed upon the City or any of its officers, agents or employees by any third person or entity, arising out of or connected with the issuance of this Permit, operations hereunder or the use by you or your agents, employees or contractors, of the above-described lands. Without limiting the generality of the foregoing, such indemnification shall include any claim, demand, cause of action or liability of any kind asserted against the City or any of its officers, agents or employees arising out of or connected with any alleged or actual violation by you, your agents, employees or contractors of the property or contractual rights of any third person or entity. It is agreed that you shall not commence dredging under this Permit until you shall have obtained all insurance required by law and, in addition, shall have obtained liability insurance for the benefit of the City in an amount satisfactory to the City. It is agreed that such insurance as is afforded by said policies of insurance shall be extended to include the City, its elective and appointed boards, officers, agents and employees, with respect to operations performed by the contractor or its subcontractors for such additional insured. It is agreed that you shall comply with the terms and conditions hereof, 3, and that any violation thereof shall constitute grounds for termination of this · Permit and shall allow the City to pursue any other remedy available to it under the law. It is further agreed that this Permit may be suspended, modified or terminated whenever the City deems such action to be in the best interests of the City, and that no such action by the City shall be deemed to be a basis for any claim or cause of action for damages] against the City or any officer, employee or agency thereof. ATTEST: CITY OF SOUTH SAN FRANCISCO ACCEPTED' · , CITY OF BRISBANE By' ~a ~ - ~i ~ Rober ~ irector/of/Public Services By- Dated- o EXHIBIT "B" DESCRIPTION Approach Channel BEGINNING at a point that bears East, 2640 feet and Sou~h 2640 feet from the above-mentioned corner common to Sections 10, l l, 14 and 15, said point being 660 feet east of the south- east corner of Tide Lot ll in Section 14, T.3S., R.5W., M.D.B. & M., as shown on Map of Map No. 1 of Salt Marsh and Tide Lands, situate in the County of San Mateo, State of California, prepared by order of the Board of Tide Land Commissioners under the Authority and in accordance with the provisions of an act entitled "An Act Supplementary to and Amendatory of an Act Entitled - An Act to Survey and Dispose of Certain Salt Marsh and Tide Lands Belonging to the State of California, approved March Thirtieth, Eighteen Hundred and Sixty- Eight, approved April 1, 1870"; thence from said point of beginning, South, 150 feet; thence S 45o E, 680 feet; thence N 72 E, 2,975 feet; thence ~outh, 157.72 feet; thence S 72 W, 3,074.29 feet; thence N 45 W, 758.57 feet; thence North, 282.84 feet; thence .East, 150 .feet to the point of beginning.