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Home My WebLink AboutReso 70-1984RESOLUTION NO. 70-84 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF A REVOCABLE LICENSE WITH CALIFORNIA WATER SERVICE COMPANY BE IT RESOLVED by the City Council of the City of South San Francisco that: 1. Approval of Revocable License. The Revocable License entitled "Revocable License for Use of Real Prop- erty Owned by the City of South San Francisco" and the California Water Service Company is hereby approved, and a copy of said License is attached hereto as Exhibit "A." 2. Execution of Revocable License. The City Manager is hereby authorized to execute said 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 reqular meeting held on the 23rd day of May , 1984, by the following vote: AYES: Councilmembers Mark N. Addiego, Emanuele N. Damonte, Richard A. Haffey, Gus Nicolopulos; and Roberta Cerri Teqlia NOES: None ABSENT: None EXHIBIT "A" TO RESOLUTION NO. 70-84 REVOCABLE LICENSE FOR USE OF REAL PROPERTY OWNED BY I'HE CITY OF SOUTH .SAN FRANCISCO ; 19 84 , provides This license issued this 4th day of ...... Jun~ for a revocable use of real property owned bY the City of South San Francisco', located ,o~'~"~sign Hill and more particularly' described as.set forth i'n Exhibit "A" attached heret(~ and by'~this reference incorporated hemein as tho~lgh set forth verbatim (hereinafter-the" " WHEREAS, California Water Service - a Califormia corporation (hereinafter "Licensee") desires to obtain the use of the Property subject to prior rlght of use of the City of South San Francisco {hereinafter t~e'"City'') and in consideration of the terms and conditions set forth below; NOW~ THEREFOREj THE PARTIES HERETO AGREE AS FOLLOWS' 1) City hereby provides to Licensee for the period beginning on the date · first appearing above and ending January I~ 1994 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 I)urpose of installing an electrical connection to the City's electrical panel at the City's Sign Hill · Park irrigation system facility in order to provide a source of electrical energy for corrosion protection at the Licensee's Reservoir 9 site l~cated adjacent to City's irrigation system facility east of Ridgeview Court. 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 I~roperty. -1- REVOCABLE LICENSE FOR USE OF REAL PROPERTY OWNED BY THE CITY OF SOUTH SAN FRANCISCO This license issued this day of , 19 , 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 (herinafter the "Property"). WHEREAS', California Water Service Company~ a California corporation (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 on the date first appearing above and ending January 1~ 1994 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 an electrical connection to the City's electrical panel at the City's Sign Hill Park irrigation system facility in order to provide a source of electrical energy for corrosion protection at the Li'censee's Reservoir 9 site located adjacent to City's irrigation system facility east of Ri~geview Court' o 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. 4) Permission for installation use and maintenance of the above described electrical connection is granted subject to the following terms and conditions' (a) Rate of power use by Company shall not exceed one ampere at 120 volts. (b) The connection shall., be installed and maintained at no cost or expense to City (c) All installation and maintenance work shall be performed to City's complete satisfaction. Connection details shall be in accordance with Company's drawing SSF2777 attached hereto as Exhibit."A". 5) 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 6) 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~ 7) 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 to 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. 8) Licensee herebY agrees to~, and shall 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 inju. ry, including death, as well as from claims for property damage which may arise from Licensee's operations under this license' including 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 ,. =2- at law or in equity for damages caused', or alleged to have been caused, by reason of any of the aforesaid operations or condition of the property~ Licensee further agrees to assume all responsibility for damage to Licensee's property or to City property arising out of Licensee's operations, or the . condition of the property 9) Licensee shall at all times exercise due diligence in the protection of the property against damage or destruction by fire or other causes. 10) 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 11) Licensee shall pay City on demand a sum that may have to be expended after the expiration' revocation~ or termination of this license to restore the premises to its original condition 12) Licensee shall in its use of the property comply with all applicable State and local laws, ordinances, and regulations. 13) Licensee shall take out and maintain during the life of this Agreement the following policies of insurance' (a) Public Liability Insurance' In an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500',000~00) for injuries including, but not 'limited to, death to any one person and subject to the same limit for each person, in an amount not less than ONE MILLION DOLLARS ($1,000'~000~00) on account of any one occurrence. -3- (b) Property Damage Insurance: In an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500~000~00) for damage to the property of each person on account of any one occurrence~ '(c) Contractual Liability Insurance: Licensee shall take out and main- tain during the life of this Agreement an.insurance policy .in the amount of at least ONE MILLION DOLLARS ($1',000"000"00), insuring City~ its'elective and appointive boards~ commissions~ officers~ agents and employees~ and Licensee against damages sustained by reason of any action or. actions at law or in 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~' .. (d) It is agreed that the insurance required by Subsections b, c and d shall be. extended to include as additional insureds 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 this 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 pri- mary as to any other insurance or reinsurance covering or available to the City of South San Francisco, and such other insurance or reinsur- ance shall not be required to contribute to any liability or loss until and unless the approxi- mate limit of liability afforded hereunder is exhausted" -4- 14) On or before the date of expiration of this license, as 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 its 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 its 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 account of said removal and restoration work~ · 15) 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 for the entire time that possession is withheld~ the sum of One Hundred Dollars ($100~00) per day; it is agreed that actual damages are impossible to . compute~~ (a) 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, (b) The Licensee may terminate this license upon sixty (60) days written notice to City. =5- 16) The fee for this license shall be in the amount of Seven Dollmrs ($7'~00) per month" All of said fee shall be paid at the office of the Depart- ment of Finance of the City of South San Francisco', California 94080~ en the 25th day of each month'~ in advance~ Said monthly rate shall be subject to review and may be ~ncreased by the City at its sole discretion~ 17) NOTICES All notices required by this license shall be.-~in writing an~lsent firs~c class, postage prepaid, addressed as follows: TO CITY- TO LICENSEE: CITY OF SOUTH SAN FRANCISCO 400 Grand Avenue South San FPancisco~ California 94080 Atten: Department of Finance CALIFORNIA WATER SERVICE COMPANY 1720 North First Street~ P"O~ Box 1150 - San Jose, California 95108 Atten: IN WITNESS WHEREOF, the parties have executed this Agreement at~muth San Francisco on the day and year first written aboveJ ATTEST-: CALIFORNIA WATER SERVICE COMPANY By: LesteP E. Saxe, Secretary "Si' CITY OF SOUTH SAN FRANCISCO City Manager -6- c-L% x , .. ~ i ..... _ - , Co~.'p_O:~/O'zx.Z?...P_.O'r6C. w/o/,,/. .S'~z7'£/~ __