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HomeMy WebLinkAboutReso 135-1982RESOLUTION NO. 135-82 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 TH£ 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 Spruce Avenue and 106 South Spruce Avenue, South San Francisco, as provided for in the document entitled "Revocable Permit, Rental of a Parcel of Land Owned by the City of South San Francisco," a copy of which is attached' as Exhibit "A," 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 3rd day of November , 1982, by the following vote: AYES: NOES: ABSENT: Councilmembers Ronald G. Acosta, Mark N. Addiego, Emanuele N. Damonte, Gus Nicolopulos; and Roberta Cerri Teglia None None ATTEST' ~rk~ x~~ REVOCABLE PERMIT RENTAL OF A PARCEL OF LAND OWNED BY THE CITY OF SOUTH SAN FRANCISCO This permit issued this 23rd day of o. . November , 1982 provides for a revocable use of an area approximately ninety-two feet (92') by three hundred feet. (300') located between 281 South Spruce Avenue and 106 South Spruce Avenue in the City of S6uth San Francisco, to install, operate and main- rain a wholesale Christmas Tree lot and other related appurtenances within said area. City hereby provides to Jerry Barry dba Barry's Christmas Trees (hereinafter referred to as "PERMITTEE"), unl~il terminated by City, the temporary use of the property 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 corner of that parcel running westerly paralled to the south property line 300', thence northerly and parallel to the east property line 92', thence easterly parallel to the ~outh property line 300', thence southerly along the east property line ~o the point of beginning, which area is also shown on Exhibit "A" hereto. Permittee is granted the license for the limited purpose of operating and maintaining a wholesale Christmas Tree lot. Permittee is limited to the use of this Property for said purposes only for the life of this permit, which shall be for the perio.d, from November 1, 1982 through December 30, 1982. This permit is granted subject to the terms and conditions as follows- 1) The use of this property shall be subject to the control of the City of South San Francisco, hereinafter referred to as City, and to any and all rules and regulations regarding ingress, egress, safety, sanitation, and security that may be prescribed by the City, providing the City and utility companies an unrestricted right to enter the right-of-way for maintenance of storm drains, sewers and other utilities. -1- 2) Permittee has inspected and knows the condition of the property, and it is understood that the property is hereby provided without any representation or . warranty by City whatsoever, and without obligation on the part of City to make any alterations, repairs, or additions thereto. 3) Permittee shall neither transfer nor assign this permit or any property on the City's right-of-way, nor shall Permittee grant any interest or privilege whatsoeyer in connection with this permit without permission in ~miting from the City. 4) Right is hereby reserved to City, its officers, agents and employees, to enter thepremises at any time and for any purpose necessary or convenient in connection with ingress, egress, safety, sanitation, and security as Prescribed by the City, and Permittee shall have no claim for damages of any character on account thereof against City, or any officer, agent, or employee thereof. 5) Permittee hereby agrees to, and shall indemnify and, hold City, its elective and appointive boards, officers, agents and employees harmless from any liability for damages or claims for damage for personal injury, including any unsafe condition of the property, as well as from claims for property damage which may arise from Permittee's operations under this permit. Permittee agrees to, and shall, defend City and its elective and appointive boards, officers, agents and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid operations. Permittee further agrees to assume all responsibility for damage to Permittee's property or City property arising out of Permittee's operations. 6) Permittee shall at all times exercise due diligence in the protection of the property against damage or destruction by fire and other causes. -2- ~ 7) Any property of City that is damaged or destroyed by Permittee incident to permittee's use and occupation of the property shall be promptly repaired or · 'replaced by Permittee to the satisfaction of City; where in lieu of repair or · replacement, Permittee shall, if so required by City, pay to City an amount' suf- ficient to compensate for the' loss sustained by City by reason of damages to or destruction of the City's property. · 8) .Permittee shall pay C~ty on demand a sum that may have to be eXpended after the expiration, revocation, or termination of this permit in restoring the premises to its. original condition. 9} Permittee shall comply with all applicable laws, ordinances, and regula- .tions with regard to construction, sanitation, licenses, or permits to engage in permittee's activities, and any other authorized matter. 10) Permittee shall pay to the proper authorities, when due, all taxes, assessments, and similar charges which, at any time during the term of the per- mit, may be taxed, assessed, or imposed on City or on Permittee with respect to or on the property. ~ 11) Permittee shall take out and maintain during the life of this permit the following policies of insurance- 1. Worker's Compensation and employers' liability insurance in the sta- tutory amount. ~2. Personal injury, bodily injury and property damage liability insurance with a combined single limit in the amount of at least one million dollars for each occurrence. It is agreed that such insurance as is afforded by policy No. 2 shall be extended to include the City of South San Francisco, its elective and appointive boards, officers, agents and employees, with respect to operations performed by the Permittee, as described herein. Evidence of the insurance described above shall be provided to City upon execution of this -3= , agreement and shall be subject to approval by the City Attorney as to form, amount and carrier. The policy of insurance shal.l also contain a provision indicating that such insurance shall not be reduced or can- celled except upon thirty days written notice to City. In addition~ the · .following endorsement shall be made on said policy of insurance. "Notwithstanding any other provisions in this policy, the insurance afforded hereunder to the City of South San Francisco shall be primary as to any other insurance or reinsurance covering or available to the City of South San Francisco, and such other insurance or reinsurance shall not be required to contribute to any liability or loss until and unless the approximate limit of liability afforded hereunder is exhausted." 12} On or before the date of expiration of this permit, which shall be December 30, 1982, revocation by City, or abandonment by Permittee, Permittee shall vacate the premises to as good order and condition as that existing on the date of commencement of the permit. If this permit is revoked, Permittee shall ---'vacate the property, remove his property therefrom, and restore the property ~o the condition aforesaid within the time that City may designate. In either event, if Permittee' shall fail or neglect to r~move his property and to restore the premises, then, at the option of the City, the property of Permittee shall either become the property of City without compensation, or City may cause to be removed and the premises to be restored at the expense of Permittee, and no claim for damages against City shall be created by or made on account of the removal and r~storation work. 13) Permittee shall, at the termination of this permit, by lapse of time or otherwise yield immediate possession to City, and failing to do so, shall pay as liquidated damages for the entire time that possession is withheld, the sum of $100.00 per day. 14) This permit may be revoked or modified by City upon City giving -4- ., "Permittee seven days written notice thereof, and Permittee shall modify, relo- --' cate or remove its operations described herein as required by City at Pemittee's sole cost and expense. 15) Permil~tee shall pay City in advance the sum of One Thousand Dollars ($1,000.00) rental to cover the period from November 1, 1982 through December 31, I982 and a refundable cleaning deposit of Three Hundred Dollars ($300.00), both to be due 'and payable on November i5, 1982. Should City revoke, amend or modify this permit during the above period, thenthe consideration shall be prorated and refund, if due, made to Permittee in accordance with said proration. 16) The plans for the layout of the wholesale Christmas tree lot shall be submitted to the Director of Public Sources, 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. 17) -NOTICES All notices required by this permit sh~ll be in writing and sent first class, postage prepair, addressed as follows' .'.'.,,1'!., " TO CITY TO PERMITTEE- City Manager City of South San Francisco P.O. Box 711 South San Francisco, CA. 94080 Jerry Barry dba Barry's Christmas Trees 50 South Spruce Street South San Francisco, CA. 94080 IN WITNESS' WHEREOF, the parties have executed this Agreement at South San ., . . Francisco on the day and year first written above. City of South San Francisco, a Municipal Corporation Title_ /~x~-L~ /"~/)'~"'"),.~- ATTEST' Jerry Barry dba Barry's Christmas Trees ~5 m City Clerk, City of South ~ Francisco