HomeMy WebLinkAboutReso 146-1983RESOLUTION NO. 146-83
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION AUTHORIZING EXECUTION OF A
REVOCABLE LICENSE FOR USE OF A PARCEL OF
LAND TO PARKING COMPANY OF AMERICA
that:
BE IT RESOLVED by the City Council of the City of South San Francisco
1. Execution of Revocable License.
Execution of a Revocable License entitled "Revocable License for
Use of a Parcel of Land Owned by the City of South San Francisco" between the
City of South San Francisco and the Parking Company of America is hereby
authorized, a copy of said Revocable License is attached hereto as Exhibit "1."
2. Signatures.
The City Manager is authorized to execute said Revocable License 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 19th day of October , 1983, by the following vote:
AYES: Councilmembers Ronald G. Acosta, Mark N. Addiego, Emanuele N. Damonte,
Gus Nicolopulos; and Roberta Cerri Teglia
None
NOES:
ABSENT: None
ATTEST:
EXHIBIT "l" TO RESOLUTION NO.
REVOCABLE LICENSE FOR USE OF
A PARCEL OF LAND OWNED BY THE
CITY OF SOUTH SAN FRANCISCO
Yhis License issued this day of , 1983 provides
for the revocable use of an area of land situated in the City ot~ South San
-Francisco, County of San Mateo, State of California,~designated as a strip of
land 55 feet wide along the northeasterly 55 feet of Lot 28, Block 2, as said lot
and block are shown on that certain map entitled "Person and Swanson Industrial
Tract, South San Francisco, San Mateo County, California" which map was filed
for record on September 5, 1961 in the office of the County Recorder of the
County of San Mateo, in Book 55 of Maps at pages 12 and 13 and being more parti-
cularly described as shown on Exhibit "A" attached hereto and incorporated herein
by this reference (hereinafter the "Property").
The City of South San Francisco (hereinafter "City") hereby 9rants to
PARKING COMPANY OF AMERICA, (hereinafter "Licensee") for a period of five' (5) years
from the date first appearing above unless sooner terminated by City at City's
sole discretion, a revocable License for the .temporary use of the Property.
Licensee is granted this license for the limited purpose of operating, managing
and maintaining a commercial parking faci-lity as its business enterprise.
Licensee is limited to the use of the Property for said purposes only.
This license is 9ranted subject to the terms and conditions as follows:
l) The use of the Property shall be subordinate to the prior use and
control of City and to any and all rules and regulations including but not limited
to ingress, egress, safety, sanitation and security, ti~at may be prescribed by
the City.
2) Licensee has inspected and knows the condition of the property,
and it is understood that the property is hereby provided without any represent-
ation or warranty by City whatsoever, and without obligation on the part of City
to make any alterations, repairs, or additions thereto.
3) Licensee shall neither transfer nor assign this permit or any
property on the City's right-of-way, nor shall Licensee grant any interest or
privilege whatsoever in connection with this permit.
4) Right is hereby reserveO to City, its officers, agents and employees,
to enter the premises at any time and for any purpose necessary or convenient
including but not limited to ingress, egress, safety, sanitation, and security as
prescribed by the City', and Licensee shall ha~e no claim for damages of any
character on account thereof against City, or any offiser, agent or employee
thereof.
5) The City reserves the right to enter and occupy said property for
such purposes as deemed necessary in the performance of City Operations.
it is also agreed that the City will provide the "Licensee"with
written notification of said entry whereupon the "Licensee" shall immediately
remove vehicles, fences or other appurtenances as may be required.
It is further agreed that all costs related to the vacation of said
property shall be borne entirely by the "Licensee."
6) 'Licensee 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 ~ell as from claims for property damge which
may arise from Licensee's operations under this Permit. Licensee 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 o~ the aforesaid operations.
Licensee further agrees to assume all responsibility for damage to Licensee's
property arising out of Licensee's Operations.
7) Licensee shall at all times exercise due diligence in the protection
of the property against damage or destruction by fire and other causes.
8) Any property of City that is damaged or destroyed by Licensee
incident to Licensee's use and occupation of the property shall be promptly
repaired or replaced by Licensee to the satisfaction of the City; in
lieu of repair or replacement, Licensee 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 pr6perty.
9) Licensee shall pay City on demand a sum that may have to be
expended after the expiration, revocation, or termination of this permit in re-
storing the premises to a condition satisfactory to the City.
10) Licensee shall comply with all applicable laws, ordinances, and
regulations with regard to construction, sanitation, licenses, or permits to
engage in Licensee's activities, and any other authorized matter.
11) Licensee 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 Licensee with respect to or on
the property.
12) Licensee shall take out and maintain during the life of this permit
the following policies of insurance:
(a) Worker's Compensation and employers' liability insurance in the
statutory amount, as applicable.
(b) Public Liability Insurance: In an amount not less than $500,000.00
for injuries, including, but not limited to, death, to any one person and sub-
ject to the same limit for each person, in an amount not less than $1,000,000.00.
on account of any one occurrence.
(c) Property Damage Insurance- In an amount not less than
$500,000.00 for damage to the property of each person on account of any one
occurrence.
(d) Contractual Liability Insurance' Licensee 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 Licenesee against damage sus-
tained by reason of any action or actions at law or ~n equity, and/or any claims
or demands by reason of any breach or alleged breach of any contract, or pro-
visions thereof, or by reason of any contractdal liability, or alleged contractual
liability on any contract,~entered into by Licensee and/or any of its agents or
employees..
(e) It is agreed that the insurance required by Subsections 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 Licensee, as described herein. Evidence of
the insurance described 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 that
such insurance shall not be reduced or cancelled except upon thirty days written
notice to City. In addition, the followin§ 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 unt}'l and unless the approximate
limit of liability afforded hereunder is exhausted."
13) On or before the date of expiration of this license, revocation
by City, or abandonment by Licensee,- Licensee shall restore the premises to as
good order and condition as that existing on the date of commencement of the
license. If this license is revoked, Licensee shall vacate the property, remove
his property thereform, and restore the property to the condition aforesaid within
the time that City may designate. In either event, if Licensee shall fail or
neglect to remove his property and to restore the premises, then, at the option
of the City, the property of Licensee shall either become the property of the
City without compensation, or City may cause to be removed and the premises to be
restored at the expense of Licensee and no claim for damages against City shall
,
be created by or made on account of the removal and restoration work.
14) Licensee shall, at the termination of this license 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 Thousand Dollars ($1,000.00) per day.
15) This license may be revoked or modil~ied by City upon City giving
Licensee thirty (30) days written notice hereof, and Licensee shall modify,
relocate or remove its operations described herein as required by City at
Licensee's sole cost and expense.
16) The fee for this license shall be in the amount of Eight Hundred
Fifty Dollars ($850.00) per month. All of said fee shall -be paid at the office
of the Property Manager 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.
17) NOTICES.
-
All notices required by this permit shall be in writing and sent
first class, postage prepaid, addressed as follows:
CITY OF SOUTH SAN FRANCISCO
400 Grand Avenue
South San Francisco, CA 94080
Attn' Property Manager
TO LICENSEE:
PARKING COMPANY OF AMERICA
6300 Telegraph Rd,
Hyatt House Building
Commerce, CA 90040
Attn: Alex Chavez
IN WITNESS ).(HEREOF, the parties have executed this Agreement at
.. .- _ on the day and year first ~.~ritten above~
CITY OF SOUTH SAN FRANCISCO
a municipal corporation
PARKING COMPANY OF AMERICA
By:
Title:
ATTEST:
City Clerk
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EXHIBIT"A"
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6?60 O.R 325
PAR£F! A .............
CITY PARCEL
:I.
EXHIBIT
PARCEL A
All that certain real property situated in the City of South San Francisco,
County of San Mateo, State of California, said real property being a strip
of land SS feet wide along the northeasterly SS feet of Lot 28, Block 2, as
said lot and block are shown on that certain map entitled "Person and Swanson
Industrial Tract, South San Francisco, San Mateo County, California",. which
map was filed for record on September 5, 1961, in the Office of the County
Recorder of the County of San Mateo, in Book 55 of Maps at pages 12 and 13.
Said strip of land extending from the southe, asterly right of way line of
San Mateo Avenue to the southeasterly line of said Lot 28 as said Avenue
and Lot are shown on the above described map and said strip of land being
more.particularly described as follows: -
'.BEGINNING at the most northeasterly corner of the aforementioned
Lot 28, Block 2; thence proceeding in a northwesterly direction
along the northeasterly boundary of said Lot. 28, North 54° 31' 15"
$~est 257.72 feet; thence South 11° 39' l'lest 60.13 feet; thence
South 54° 51' IS" East 257.72 feet; thence North 11° 39' East 60.15
feet to the point of BEGINNING.
Described strip of land containing an area of 15,075.59 square feet, more or
less.
The above-described property being a portion of Assessor's Parcel Number
15-114-280.
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