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HomeMy WebLinkAboutReso 147-1983 RESOLUTION NO. 147-83 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 JERRY BARRY-DBA-BARRY'S CHRISTMAS TREES BE IT RESOLVED by the City Council of the City of South San Francisco that: 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 Jerry Barry -dba- Barry's Christmas Trees is hereby authorized, and a copy of said Revocable License is attached hereto as Exhibit "A". 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 Rona!d G. Acosta. Mark N. Addiego, E~n~nuele N. Damont~, Gus Nicolopulos; and Roberta Cerri Teglia NOES: None ABSENT: None EXHIBIT "A" TO RESOLUTION REVOCABLE LICENSE FOR USE OF A PARCEL OF LAND OWNED BY THE THE CITY OF SOUTH SAN FRANCISCO 147-83 This License issued this 3rd day of November , 19 83 provides for a revocable use of an area approximately ninety-two feet (92') by three hundred feet (300') located between 28 South Spruce Avenue and 106 South Spruce Avenue. in the City of South San Francisco, to install, operate and maintain a wholesale Christmas Tree lot and other related appurtenances within said area. The City of South San Francisco (hereinafter "City") hereby grants to Jerry Barry dba Barry's Christmas Trees (hereinafter Licensee") until 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 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. Licensee is granted the license for the limited purpose of operating and maintaining a wholesale Christmas Tree lot. Licensee is limited to the use of this property for said purposes only for the life of this license, which shall be for the period from November 1, 1983 through December 31, 1983. This license is granted subject to the terms and conditions as follows' 1) The use of ths 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 -1- and regulations regarding ingress, egress, safety, sanitation, and security tha~ 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. 2) Licensee has inspected and knows the condition of the property, and it is understood that the property is hereby provided without any representa- tion 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 without permission in writing from the City. 4) Right is hereby reserved to City, its officers, agents and employees, to enter or use the premises at any time and for any purpose necessary or convenient as determined by the City, and Licensee shall have no claim for damages of any character on account thereof against City, or any officer, agent, or employee thereof. 5) 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 well as from claims for property damage 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 of the aforesaid operations. Licensee further agrees to assume all responsibility for damage to Licensee's property or City property arising out of Licensee's opera- tions. 6) Licensee shall at all times exercise due dili§ence in the protection of the property against damage or destruction by f~re and other causes. 7) 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 City; where 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 property. 8) Licensee 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 its original condition. 9) Licensee shall comi~ly with all applicable laws, ordinances, and regu- lations with regard to construction, sanitation, licenses, or permits to engage in Licensee's activities,-and any other authorized matter. 10) 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. 11) 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. --3- 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 ~olicy in the amount of at least $1,000,000.00 insuring the City, its elective and appointive boards, commissions, officer~, agents and employees, and Licensee 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 or alleged breach of any contract, or pro- visions thereof, or by reason of any contractual liability, or alleged con- tractual liability on any contract, entered into by Licensee and/or any of its agents or employees. e. It is a§reed 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 Licensee 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 o~= insurance shall also contain a provision indicating that such insurance shall not be reduced or cancelled except upon thirty (30) 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." -4- 12) On or before the date of expiration of this license, which shall be December 31, 1983, or upon revocation by City, or abandonment by Licensee, Licensee shall vacate the premises to as good order and condition as that exist- ing on the date of commencement of the license. If this license is revoked, Licensee shall vacate the property, remove his property therefrom, and restore the property to the condition aforesaid within the 'lime 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 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. 13) 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 liquiated damages for the entire time that possession is withheld, the sum of $100.00 per day. 14) l'his license may be revoked or modified by City upon City giving Licensee seven (?) days written notice thereof, and Licensee shall modify, relocate or remove its operations described herein as required by City at Licensee's sole cost and expense. 15) Licensee shall pay City in advance the sum of One Thousand Dollars ($1,000.00) rental to cover the period from November 1, 1983 through December 31, 1983 and a refundable cleaning deposit of Three Hundred Dollars ($300.00), both to be due and payable on November 15, 1983. Should City revoke, amend or modify this license during the above period, then the consideration shall be prorated and refund, if due, made to Licensee in accordance with said pro- ration. 16) 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. 17) NOTICES All notices required by this permit shall be in writing and sent first class, postage prepaid, addressed as follows: TO CITY: City Manager City of South San Francisco P.O. Box 711 South San Francisco, CA. 94083 TO LICENSEE: 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, Jerry Barry dba a Municipal Corporation Barry's Christmas Trees Title City Manager Title~ .~/~/~ -6- F1L? NO.: