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.
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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.
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(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."
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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
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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~~
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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.