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HomeMy WebLinkAboutReso 92-1981RESOLUTION NO. 92-81 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING EXECUTION OF A REVOCABLE PERMIT (RENTAL) TO JERRY BARRY, DBA BARRY'S CHRISTMAS TREES FOR THE PREMISES LOCATED BETWEEN 28 SPRUCE AVENUE AND 106 SOUTH SPRUCE AVENUE, SOUTH SAN FRANCISCO that: BE IT RESOLVED by the City Council of the City of South San Francisco 1. Authorization. Execution of a Revocable Permit to Jerry Barry, doing business as Barry's Christmas Trees, for the rental of a parcel of land owned by the City of South San Francisco located between 28 South Spruce Avenue and 106 South Spruce Avenue, South San Francisco, as provided for in the document so entitled, a copy of which is attached hereto as Exhibit "1," is hereby authorized. 2. Signature. The City Manager is authorized to execute said Revocable Permit on behalf of the City, 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 regular meeting held on the 19thday of Aug,J~t , 1981, by the following vote: AYES: Councilmen Ronald G. Acosta, Mark N. AddiP. gn, Fmnn,Jele N. Damonte, Gus Nicolopulos~ and ComJncilwnman Rnh~rt~ C.~rri Teglia NOES: None ABSENT: None City C1 erk EXHIBIT "l" REVOCABLE PERMIT RENTAL OF A PARCEL OF LAND OWNED BY THE CITY OF SOUTH SAN FRANCISCO PURSUANT TO Council authorization made the ~gtfj , day of ~g~ 1981, Mr. Jerry Barry, DBA Barry's Christmas Trees hereinafter referred to as Permittee, is granted a Revocable Permit under the terms and conditions herein set forth, to use, for the period from November ~, 1981 through December 30, 1981, a parcel of land hereinafter more particularly described. For the purposes 'of this permit, City shall mean the City of South san Francisco, a municipal corporation. DESCRIPTION: An area approximately ninety-two feet (92') by three hundered'feet (300') located between 28 South Spruce Avenue and 106 South Spruce Avenue in the City of South Sin Francisco, and more particularly described as follows: A portion of Parcel 2 at Page 61 of Volume 7 of the Record of Survey Maps of the County of San Mateo, which portion is more particularly described as a rectangular area,, the boundaries of which begin on the east property line of the aforementioned parcel 29.9' north of the southeast conner of that parcel running westerly paralled to the south property line 300', thence northerly and aprallel to the east property line 92', thence easterly parallel to the south property line 300', thence southerly along the east property line to the point of beginning, which area is also shown on Exhibit "A" hereto. TERMS AND CONDITIONS: A. Purpose: This permit is granted to enable Permittee to install, operate and maintain a wholesale Christmas tree lot and other related appurtenances within .the described area. B. Installation of Facilities: Installation, operation and maintenance of the wholesale Christmas · tree lot and related appurtenances shall be done in a good and workmanlike manner and at Permittee's cost and expense. C. 'City'Department'S Approval - The plans for the layout of the wholesale Christmas tree lot' shall be submitted to the Director of Public Services, Traffic Engineer, Chief of Police and Fire Chief; and upon approval by them, the wholesale Christmas tree lot shall be installed and maintained in accordance with said plans. D. Revocation and Modification: This permit may be revoked or modified by City upon City giving Permittee ten {10) days written notice thereof; and Permittee shall modify, relocate or remove all portions of the improvement as required by City 'at Permittee' s' cost and expense. E. .Consideration: Per~ittee shall pay City in advance the sum of Nine Hundred Dollars ($900.00) rental to cover the period from November l, 1981 through December 30, !981 and a refundable cleaning depo.sit of Three Hundred Dollars '($300.00), both to be due and payable on November 5, 1981. Should City revoke, amend or modify this permit-during the above period, then the consideration · shall be prorated and refund, if due, made to Permittee in accordance w~th said proration. F. Title- Permittee, in accepting this permit, acknowledges City's interest in and title to said parcel of property and agrees not to assail or resist sa'id title or interest. G. Reservations' This permit shall be subject to and shall be deemed to contain 2. all conditions, reservations and restrictions required to be contained herein or made applicable hereto by the laws and statutes of the United States, the State of California, the City of South San Francisco and any other agencies having jurisdiction over said area. H. Other Permits and Licenses- Permittee shall obtain any other permits or licenses for Permittee to install,, operate and maintain said facilities. I. No Warranty of Power to Grant Permit: City does not warrant it has the power to grant the permit herein, and should the power exercised'be revoked by the State of California or any governmental agency with jurisdiction thereof, or should the want of power be determined by any other governmental agency or Court of Law with jurisdiction thereof, then City shall not be obligated to Pe~mittee in any 'respect whatsoever,.:~. and Permi+~ ~ ~e: hereby accepts and assumes this permit and all obligations and liabilities thereunder at its own risk and without recourse to City. J. Indemnity and Insurance: Permittee shall and does hereby agree, to assume all res~,onsi- b~iity for the installation, maintenance, operation and use of the ~tholesale . · · Christmas tree lot and other related appurtenances and such other devices as are necessary and convenient for the operation, maintenan~.e '~dnd use of said facil'- . · ities and all responsibility for damage to Permittee's property, City's property and property of others, and for injury to any person (includin§ death) arising out of Permittee's performance of or failure to perform any of the terms of · this pe)~it and arising out of Permittee's installation, maintenance, use and operation of the wholesale Christmas 'tree lot and related appurtenances. Per- mittee shall and does hereby agree to indemnify and hold harmless the City, it.~ : elective and appointive boards, officers, agents and employees from any liability for damage or claims for damage for personal injury, including death, as well' · . as. from claims for property damage Which may arise from Permittee's performance of or failure to perform any of the conditions and terms of this permit, or arising out of or caused by Permittee's installation, maintenance,' use and · . operation of the wholesale Chri'stmas 'tree lot and related appurtenances. Per- . mittee shall take out and'maintain during the life of this permit public liability and property damage insurance and shall protect City, its elective and appointive boards, officers, agents and employees, Permittee and any con- tractor or subcontractor performing work covered by this permit irom cllims for damages for personal injury, including death, as ~vell as from claims for property damage which may arise from Permittee's operations under this contract, whether · such operations' be by Permitt6e or by anyone directly or indirectly employed ~-.~'~ by Permittee. it is agreed that such insurance as is afforded' by said policies of insurance shall be extended to include the City of South San Francisco, its elective and appointed boards, officers, agents and employees, with respect to operations performed by 'the Permittee, for such additional insured. The amounts of' such insurance shall be as follows- (1) Public Liability Insurance' In an amount not 'less than . - .° One Hundred Thousand Dollars {$100,000.00) for injuries, including, but not limited to, death, to any one person and subject to the same limit for each person in an amount not less than Three Hundred Thousand Dollars ($300,000.O0) on account of any one occurrence; and (2) Property Damage Insurance' In an amount of not less than One Hundred Thousand Dollars ($100,000.00) for damage to the property of each person on account of any one occurrence. Permittee shall file and shall further requi~e his contractors or subcontractors employed in the installation, maintenance, operation and use of said wholesale christmas tree lot and related facilities to file a workmen's compensation certi- ficate with City. The City Council may require a modification of the insurance limits. K. Taxes- .Permittee shall pay any and all taxes that may be levied or charged upon the property described herein and 'the. improvements and related facilities thereto during the period of this permit. L. Assignment: Permittee shall not sell or assign this permit or any of 'the rights and privil e'ges granted thereby wi thout the consent of the City Council first having been obtained, and should said consent be obtained, said assignment and .. consent shall be evidenced by a duly executed instrument in writing filed in the office of the City Clerk. Should Permittee sell or assign this permit with- out obtaining consent fr'om City Council, said sale or assignment shall effect a termination of this permit. M. Effective Date' This permit shall be effective upon acceptance'by Permittee of the terms and conditions' herein set forth and the filing of-an executed original of this permit with the City Clerk of the City of South San Francisco. N. Surrender of Premises' Permittee shall keep and maintain the premises in a clean and sanitary condition at all times, and upon termination of this permit, shall surrender the premises to City in as good condition as when received, ordinary 5. wear and damage by the elements excepted. ATTEST- Dated- City Clerk CITY OF SOUTH SAN FRANCISCO · By: - City Manager PERMITTEE: Dated' Jerry ,B~rry .~-(dba Barry's Christmas Trees) APPROVED AS,TO LEGAL FORM AND ADEQUACY Assistant City Attorney Dated- 6~ D~TE REvisION BY APP. - CITY OF SOUTH SAN FRANCISCO DEPARTMENT OF PUBLIC: SERVICES SCALE: AP?ROVED: D~{AWN: ~ DATE' ' 'CHECKED; · ,. ST:,r,ln&~rk I~ ~w,~p ~,~ .............. LOT RENTAL £'xh~b~i: "A" Page 2 of 2 Pages 1. No. Canal Street Gate Entrance. 2. Spruce Ave. Gate Exit. 3.~' X 8' X ~" Sign WHOLE SALE CHRISTI,IAS TREES (letters l' High) 4. Office Trailer lO' X 26'.. . 5. Portable Toilet STD. 6. Storage Trailer 8' X -. 7. Tree Storage Area 20' Deep, 200' Long, 6' High, lO' Away from Fence.