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HomeMy WebLinkAboutReso 182-1983RESOLUTION NO. 182-83 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH MERCY-PENINSULA AMBULANCE, INC. FOR REVOCABLE USE OF REAL PROPERTY that: BE IT RESOLVED by the City Council of the City of South San Francisco 1. Execu.ti_on Of Agreement' Execution of an Agreement for revocable use of real property between the City of South San Francisco, a municipal corporation, and Mercy-Peninsula Ambulance, Inc., a California corporation, a copy of which is attached hereto as Exhibit "A", is hereby authorized. 2. Signatures. The City Manager is authorized to execUte said Agreement 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 adjourned regularmeeting held on the~!4.tl!_day of .December' , 19 83 , by the fol 1 owing vote- AYES' Councilmembers Mark N. Addiego,..Emanue!e.N. Damonte, Richard A... Haffey, Gus_ Nicolopulos ;. a.n.d Roberta. Cerri Te.q!'ia.. NOES' None , .. ABSENT- None ATTEST' EXHIBIT "A" TO RESOLUTION NO. 182-83 REVOCABLE LICENSE FOR USE OF REAL PROPERTY OWNED BY THE CITY OF SOUTH SAN.FRANCISCO This license issued this 16th day .of December ,19 83 · provides for a revocable use of real property owned by the City of SOuth San Francisco, located on Sign Hill and more particularly described as set forth in EXhibit "A" attached hereto and by this reference incorporated herein as though set forth verbatim (herin- after th'e "Property")' WHEREAS, Mercy-Peninsula Ambulance, Inc., a California corp- oration (hereinafter "Licensee'") desires to obtain, the use of the Property subject to prior right of use of the City of South San Francisco (hereinafter the "City") and in consideration of the terms and conditions set forth below.; NOW, THEREFORE, 'THE PARTIES HERETO AGREE AS FOLLOWS: 1) City hereby provides to Licensee for the period beginning January 1, 1984 and ending January 1, 1990 unless sooner revoked at the sole discretion of City, the temporary use of the Property as described in Exhibit "A" hereto previously incorporated by reference herein. 2) Licensee is granted this license for the limited purpose of installing, operating and maintaining radio transmitting and receiving equipment within the areas described in Exhibit "A". 3) The use of the Property shall be subject to the control of the 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 City and subject to City's prior right'of use of any or all of the Property. r ,, 4) 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. 5) Licensee shall neither transfer nor assign this license or any rights hereunder, nor shall licensee grant any interest or privilege whatsoever in connection with this license. 6) Right is hereby reserved to City, it 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 have no claim for damages of any character on account thereof against City, or any officer, agent or employee thereof. 7) Licensee hereby agrees to, and shalI indemnify and hold City, its elective and appointive boards, officers, agents and employees harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from Licensee's operations under this licen'se, includ- ing any unsafe condition of the property. 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 aforesail · operations or condition of the property. Licensee further agrees to assume all responsibility for damage to Licensee's property or to City propert7 arising out of Licensee's operations or the condition of the~ property. 8) Licensee shall at all times exercise due diligence in the protection of the property against damage or destruction by fire or oth~r causes. -2- 9) 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 property. 10) Licensee shall pay City on demand a sum that may h~ve to be expended after the expiration, revocation, or~ termination of this · . ~ license'to restore t~e premises to its original condition. 11) Licensee shall in its use of the property comply with all applicable State and local laws, ordinances., and regulations. 12) Licensee shall take out and maintain during the life of this agreement such bodily injury liability and property damage liability insurance as shall protect them while operating on said premises , covered by this Agreement from any and all claims for damages for bodily injury including accidental death, as well as any and all claims for property damage which may arise from said operation be it by themselves or by any sub-contractor, and the amounts of such insurance shall be in the amount of $1,000,000.00 combined single limit .bodily injury and property damage for each occurrence; and, City, its offi'cers, employees, agents and servants shall be named additional insureds on any such policies of insurance, which whall be primary insurance to the full limits of liability of the policy; and~' if the Licensee, its employees, agents ~r servants have other insurance against a loss covered by such a policy, such other insurance shall be excess coverage only. Such insurance policy shall be provided by an insurer duly authorized to engage in the liability insurance business in the State of California. -3- (a) Contractual Liability Insurance: Licensee shall t~ke 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 Licensee against damage sustained 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 provisions thereof, or by reason of any contractual liability, or alleged contractual liability on any contract, entered into by Licensee and/Or any of its agents Or employ~ees. (b) It is agreed that the insurance required by this 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 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 therunder is exhausted." -4- 13) On or before the date of expiration of this license, am set forth above, or upon revocation by City, or abandonment by Licensee, Licensee shall vacate the premises in 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 s~;all 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 same to be removed and the premises to be restored at the expense of Licensee, and no claim for damages against City may be created by or made on accoun't of said removal and .restoration work. 14) Licensee shall, at the termination of this license, by lapse of time or otherwise, yield' immediate possession to Cit-y, 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. 15a) This license may be revoked or modified by City upon City giving Licensee thirty (30) days written n~tice thereof, and Licensee shall modify, relocate or remove its operations described herein as required by City at Licensee's sole cost and expense. b) The Licensee may terminate this license upon sixty, (60), days written notice to City. 16) The fee for this license shail be in the amount of Fifty Dollars ($50.00) per month. Ail of said fee shall be paid at the office of the ~epartment of Finance of the City of South San Francisco located aG 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 --5-- 17)' NO TICES All notices required by this license shall be in writing and sent first class, postage prepaid,'addressed as follows' TO CITY' CITY OF SOUTH SAN FRANCISCO 400 Grand Avenue South San Francisco, CA 94080 Attn: Department of Finance TO LICENSEE' MERCY-PENI NSULA AMBULANCE, I NC. 140 Rei ner Street Colma, CA 940104 Attn'- Adrian Moorman, President IN WITNESS WHEREOF, the parties have executed this Agreement at South San Francisco on the day and year first written above. MERC~i-PENINSULA AMBUL/~NCE, INC. ' ...,~, /J,/,.-.-:, .-/. ,~ ~.'~.. :,,L, Pres i den t By' ATTEST' City Clerk CITY OF SOUTH SAN FRANCISCO By' ~ ~ ~i ty~an~ge' r~ x~~ -6- EXHIBIT "A" LEGAL DESCRIPTION 1. A three square foot area within the Police Radio Transmitter Building, which .building is located within a 35' x 55' fenced enclosure on a portion of Assessor's Parcel No. 012-351-110 in the City of South San Francisco, County of San Mateo, and more commonly described as "Sign Hill," for the purpose of installing and maintaining a radio base station. 2. A portion of th'e roof of the above-described Police Radio Transmitter Building for the purpose of erecting and maintaining a radio antenna. 3. The specific locations of all of the equipment listed above are subject to the prior approval of the City.