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HomeMy WebLinkAboutReso 175-1983 RESOLUTION NO. 175-83 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 PET AIR 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 Pet Air 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 an adj. regularmeeting held on the 14th day of December ., 19 83 by the following vote' AYES' NOES' ABSENT: Councilmembers Mark N. Addiego, Emanuele N. Damonte, Ri~chard A. Haffey, Gus Nico!opulos; .and .R.oberta Ce.rtl Teg!ia. None None ATTEST' City Clerk "A" TO RESOLUTION NO. 175- ' REVOCABLE LICENSE AGREEMENT FOR USE OF CITY OF SOUTH SAN FRANCISCO This permit issued this 3Qth day of March , 1984 provides for a revocable use of an area situated in the City of South San Francisco, County of San Hateo, State of California, designated as the southeasterly 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, to be leased to PET'AIR. City hereby provides to PET AIR, (hereinafter referred to as "Licensee"), until terminated by City, the temporary use of the property deScribed in Ex- hibits "A" and "B" which are attached hereto and incorporated herein by this reference. .Licensee is granted this permit for the limited purpose of operating, manag- ing and maintaining a service to pet owners, including air shipping and receiv- ing, rescue, recovery, ambulance services and other related pet services on or within the described area. Licensee is limited to the use of this propertY ~or the period from January 1, 1984 through June 30, 1984 unless'revoked soaner at the sole discretion of the City. This license 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 · an~ regulations including but not limited to ingress, egress, safety, sanita- tion and security that may be prescribed by the City, providing the City and utility companies as unrestricted right to enter the right-of-way for mainte- nance of storm drains, sewers and other utilities. CF_,NTRAL RE. cORDS 2) Licensee 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) Licensee shall neither transfer nor assign this license or any property on the City's right-of-way, nor shall Licensee grant any interest or privilege whatsoever in connection w. ith this license. 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 including 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) 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 license' Licensee agrees to, and shall, defend City and its elective and appointive boards, offi- cers, 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 afore- said operations. Licensee further agrees to assume all responsibiiity for damage to Licensee's property or City property arising out of Licensee's opera- tions. 6) Licensee shall at all times exercise due diligence in the pr'otection of the property against damage or destruction by fire and other causes. -2- 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 the 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 license restoring the premises to its original condition. 9) Licensee shall comply with all ap. plicable laws, ordinances, and regula- tions with 'regard to construction, sanitation, licenses, or permits to engage in Licensee's activities, and any other authorized matter. lO) Licensee shall pay to 'the proper authorities, when due, all taxe~, assessments, and similar charges which, at any time during the term of the license, 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 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. -3- (d) Contractual Liability Insurance: Licensee shall take out and maintain during the .life of this license 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 Licensee against damage sus- tained by reason of any action or actions at law or in equity, and/ct 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 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 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 of 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- i2) On or before the date of expiration of this license, which shall be June 30, 1984, revocation by City, or abandonment by Licensee, Licensee shall vacate 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 therefrom, 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 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 liquidated damages for the entire time that possession is withheld, the sum of One Hundred Dollars ($100.00) per day. 14) This license may be revoked or modified by City upon~City giving Licensee thirty (30) 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) The fee for this license shall be in the amount of Seven Hundred Dollars ($700.~O0),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 annual rate shall be subject to review and may . be increased by the City at its sole discretion. -5- "TT I ~T 16) NOTICES All notices required by this license shall be in ~riting and sent first class, postage prepaid, addressed as follows- TO' · . TO LICENSEE: CITY OF SOUTH SAN FRANCISCO 400 Grand Avenue . South San Francisco, CA. 94080 Atten- Department of Finance PET AIR 145 Belle Air Road South San Francisco, CA, 94080 Atten. IN WITNESS WHEREOF, the parties have executed this Agreement at South San Francisco. California on the day and year first written above. CITY OF SOUTH SAN FRANCISCO PET AiR a Municipal corporation Title' .City Manager ATTEST- . . Title- -6- CENTRAL RECORDS, ~iL_E NO.: ..................... EXHIBIT "A" Legal Description of Parcel of Land To Be Leased To PET AIR Beginning at a point which bears N 7°51'W, 64 feet, and S 82°09'W; 69 feet from the most southeasterly 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; THENCE, along the northerly line of Belle Air Road as shown on said map, and the northeasterly prolongation thereof, S 82°09'W, 85 feet; thence.leaving said line N 7°51'~1, 127.5 feet; thence N 82609'E, 109 feet; thence from a tangent bearing S 44°43'12"E on the arc of a curve to the right with a radius of 30 feet, a central angle of 36°52'12'' and a length of 19.20 feet; thence S 7°51'E, 79.5 feet; thence on the arc of a curve to the right having a radius of 30 feet, a central angle of 90°, and a length of 47.12 feet to the point of beginning. Enclosing an area of 14,434~94 square feet' I!