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HomeMy WebLinkAboutReso 88-1983RESOLUTION NO. 88-83 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING ISSUANCE OF A REVOCABLE PERMIT FOR USE OF CITY OWNED PROPERTY TO W.T.C. AIR FREIGHT, INC. that: BE IT RESOLVED by the City Council of the City of South San Francisco 1. Issuance of Permit. Issuance of a permit entitled "Revocable Permit for Use of a Par- cel of Land Owned by the City of South San Francisco" by the City of South San Francisco to W.T.C. Air Freight, Inc., is hereby authorized, and a copy of said permit is attached hereto as Exhibit "1." 2. Signature. The City Manager is authorized to execute said permit on behalf of the City. 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 an adjL reg. meeting held on the 27th day of July , 1983, by the fol 1 owing vote' AYES: Councilmembers Ronald G. Acosta, Mark N. Addiego and Roberta Cerri Teglia NOES: None ABSENT: Councilmembers Emanuele N. Damonte and Gus Nicolopulos ATTEST: City Clerk EXHIBIT "1" TO RESOLUTION NO. 88-83 adopted 7/27/83 REVOCABLE PERMIT FOR USE OF A PARCEL OF LAND OWNED BY THE CITY OF SOUTH SAN FRANCISCO This permit issued this 27th day of July , 1983 provides for a revocable use of an area situated in the City of South San Francisco, County of San Mateo, State of California, designated as the south- easterly corner of Parcel 1 as shown on the Parcel Map filed for record on February 6, 1979 in Volume 45 at Page 41 in the office of the San Mateo County Recorder, to be leased to W.T.C. AIR FREIGHT, INC. for parking purposes. City hereby provides to W.T.C. AIR FREIGHT, INC., (hereinafter re- ferred to as "Permittee"), until terminated by City, the temporary use of the property described in Exhibits "A" and "B" which are attached hereto and in- corporated herein by this reference. Permittee is granted this permit for the limited purpose of operating, managing and maintaining a parking area for its business establishment. Per- mittee is limited to the use of this property for said purposes only for the life of this permit, which shall be for the period from July 27, 1983 . · through City. June 30:_.1984 unless revoked sooner at the sole discretion of the This permit is granted subject to the terms and conditions as foll'ows: l) 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 including but not limited to 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 mainte- nance of storm drains, sewers and other utilities. 2) Permittee has inspected and knows the condition of the proper~ty.,'~ and it is understood that the property is hereby provided without any represen- tation 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 whatsoever in connection with this permit. 4) Right is hereby reserved to City, its officers, agents and employees, to enter the premises at any time and for any purpose necessary or convenient in- cluding but not limited to 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. Per- mittee 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 the City; where in lieu of repair or replacement, Permittee shall, if so required by City, pay to City an amount sufficient to compensate for the loss sustained by City by reason of damages to or'destruction of the City's property. 8) Permittee shall pay City on demand a sum that may have to be expended after the expiration, revocation, or termination of this permit in restoring the premises to i.ts original condition. 9) Permittee shall comply'with all applicable laws, ordinances, and regulations 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 permit, may be taxed, assessed, or imposed on City or on Permittee with respect to or on the property. · ll) Permittee shall take out and maintain during the life of this permit the foliowing policies of insurance: (a) Worker's Compensation and employers' liability insurance in the statutory amount, as applicable. (b) Public L.i,ab.i!i_ty. Insu?an.ce': In an amount not less than · $500,000 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 $1,000,000.00) on account of any one occurrence. (c) Prop.erty Dam_a_ge_Insurance' In an amount not less than $500,000.00 for damage to the property of each person on account of any one occurrence. -3- (d) Contrac_tual L_iabillity Insur~ance- Permittee shall take out and maintain during the life of this permit an insurance policy in the amount of at least $1,000,000.00 insuring the City, its elective and appointive boards, commissions, officers, agents and employees, and Permittee against damage sus- tained by reason of' any action or actions at law or in equity, and/or any claims or demands by reason of any breach of_ a]l le§ed breach of any contract, or pro- visions thereof, or by reason of any contractual liability, or alleged contractual liability on any contract, entered into by Permittee and/or any of its agents or emp 1 oyees (e) It is agreed that the insurance required by Subsection b, c, and d 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 des- cribed above shall be provided to City upon execution of this agreement and shall be subject to approval by the City Attorney as to form, amount and carrier. The policy of insurance shall also contain a provision indicating that such insurance shall not be reduced or cancelled 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 insur- ance 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 June 30, 1984 , revocation by City, or abandonment by Permittee, Per- mittee shall vacate the premises to as good order and condition as that existing -4- 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 to the condition aforesaid within the time that City may designate. In either event, if Permittee shall fail or neglect to remove 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 restoration 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 One Hundred Dollars ($100.00) per day. 14) This permit may be revoked or modified by City upon City giving --- Permittee thirty (30) days written notice thereof, and Permittee shall modify, relocate or remove its operations described herein as required by City at Permittee's sole cost and expense. ~ 1'5) The fee for this permit, which shall cover the period of September 7, 1983 through June 30, 1984 ., shall be in the amount of Two Hundred Ten Dollars ($210.00) per month. All of said fee shall be paid at the office of the Department of Finance of the City of South San Francisco located at City Hall, 400 Grand Avenue, South San Francisco, California 94080, on the 25th day of each month, in advance. Said monthly rate shall be subject to review and may be increased by the City at its sole discretion. 16) NOTICES All notices required by this permit shall be in writing and sent first class, postage prepaid, addressed as follows' -5- TO: TO PERMITTEE:' CITY OF SOUTH SAN FRANCISCO 400 Grand Avenue South San Francisco, CA. 94080 Atten: Department of Finance W.T.C. AIR FREIGHT, INC. 140 Belle Air Road South San Francisco, CA. 94080 Atten: IN WITNESS WHEREOF, the parties have executed this Agreement at CITY OF SOUTH SAN FRANCISCO a Municipal corporation on the day and year first written above. W.T.C. AIR FREIGHT, 'INC. By: Title: By: Title: By: Title: ATTEST: Ci-ty Clerk -6- EXHIBIT "A" Legal Description of Parcel of Land To Be Leased To W.T.C. Air Freight For Parking Beginning at a point which bears N 7o51'W, 64 feet, and S 82°09't'1, 154 feet from the most southeastely corner of ~rcel I as shown on the Parcel ~4ap filed for record on February 6, 1979 in Volume 45 at Page 41 in the office of the San Mateo County Recorder~ THENCE, along the northerly line of Belle Air Road as s. hown on said map, S 82o09'W, 100 feet; thence leaving said line N 7o51'W,-127.5 feet; thence N 82o09'E, 100 feet; thence S 7o51'E, 127.5 feet to the point of beginning. ~° Enclosing on area of 12,750 square feet. EXHIBIT "A" Legal Description of Parcel of Land To Be Leased To W.T.C. Air Freight For Parking Beginning at a point which bears N 7o51'W, 64 feet, and S 82°09'W, 154 feet from the most southeastely corner of Parcel i as shown on the Parcel Map filed for record on February 6, 1979 in Volume 45 at Page 41 in the office of the San Mateo County Recorder; THENCE, along the northerly line of Belle Air Road as qhown on said map, S 82o09'W, lOOfeet; thence leaving said line N 7o51'W, 127.5 feet; thence N 82o09'E, 100 feet; thence S 7o51'E, 127.5 feet to the point of beginning. ~' Enclosing on area of 12,750 square feet. /.- ' 4 7,/Z'