Loading...
HomeMy WebLinkAboutReso 131-1984 RESOLUTION NO. 131-84 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING EXECUTION AND APPROVAL OF AGREEMENT FOR REVOCABLE LICENSE FOR USE OF REAL PROPERTY OWNED BY THE CITY OF SOUTH SAN FRANCISCO BE IT RESOLVED BY THE City Council of the City of South San Francisco that' 1. Approval of Agreement. The Agreement entitled "Revocable License for Use of Real Property Owned by the City of South San Francisco" is hereby approved, and a copy of said Agreement is attached hereto as Exhibit "1". 2. Execution of Agreement. The City Manager is hereby 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 a regular meeting held on the 22nd day of August , 1984, by the following vote: AYES: NOES: ABSENT- Councilmembers Mark N. Addieqo, Emanuele N. Damonte, Richard A. Haffey, Gus NicoloDulos; and Roberta Cerri Teqlia None None · ATTEST: ~ ~ ~ Clerk ~ EXHIBIT "1" TO RESOLUTION NO. 131-84 · % REVOCABLE LICENSE FOR USE OF REAL PROPERTY OWNED BY THE CITY OF SOUTH SAN FRANCISCO This license issued this 22nd day of Au~us: , 1984 provides for · a revocable use of real property owned by the City of South San Francisco, (hereinafter the "City:'), ' located in the general vicinity of North Canal street between South Spruce Avenue and Orange Avenue and more particularly described as set forth in Exhibit "A" attached hereto and by' this'reference incorporated herein as though set forth verbatim {hereinafter the "Property"). Company WHEREAS, Reynolds Aluminum Recycling/4~g~., a ~issouri corporation {herein- after "Licensee") desires to obtain the use of the Property, and City wishes to. allow Licensee the use of the. Property subject to City's prior right of use 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 December1, · 1984 and ending November 30,' 1985 unless sooner revoked at · the sole discretion of City, the temporary use of the Property as described in Exhibit "A" hereto Previously incorporate~ by reference herein. · 2. Licensee is granted this license for the limited purpose of parking One {1) forty foot tractor trailer unit within the· area described in Exhibit "A" 'for the purpose of purchasing recyclable aluminum products from the public, Tuesdays through Saturdays, from 9:00 a.m. to 5:00 p.m. 3. lhe 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. P ~. LiCenseehas inspected and knows'the c~ndition of the ~roperty, and it is understood that the~roperty 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 con~ection with this license. 6. Right is hereby reserved to City, its officers, agents and employees,, ~ ~Pro~erty to enter the/pr~m-lscs' 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 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 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 ~roperty. 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 afore- ' ~th~e~r - said:operations or condition of operty. Licensee further agrees to assume all ~esponsibility for damage to Licensee's 'property or City property arising out of Licensee's operations or the condition of ~roperty. -8. Licensee shall at all times exercise due di.ligence in the protection of the ~roperty against damage or destruction by fire and other causes. -2- -9. Any property of City that is damaged or destroyed by Licensee incident to Licensee's use and occupation of the~roperty shall be promptly repaired or replaced by Licensee to the satisfaction of the City; where in lieu of repair or r. eplacement, Licensee shall, if so required by City, pay to Cit~ 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 have to be expended after the expiration, revocation, or termination of th'is license to restore ~u3/ Pr.opert¥ the~proml~e~;- ~o its original- condition. 11. Licensee shall 'in its use of the ~roperty comply with all applicable State a.nd local laws, ordinances, and regulations. 12. Licensee shall pay to the proper authorities, when due,-all taxes, 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 ~roperty. 13. Licensee shall take out and'maintain during the life of this'permit the- i following policies of insurance: {a) Worker's Compensation and 'Employers' Liability Insurance in the statutory amounts as applicable. · (b} Public Liability Insurance: In an amount not less than FIVE · HUNDRED I"HOUSAND 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- (c') .Property Damage Insurance:' In a~ amount not less than FIVE · HUNDRED THOUSAND DOLLARS ($500,000.00)for damage to the property of each. person ! I _ on account of any one occurrence. (d) Contractual Liability Insurance: Licensee shall take out and main- . -. taifi during the life of this license 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 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 arising out of any contract .entered into by. Licensee and/or any of its agents or employees. (e) 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 perfo.rmed by the Licensee as described herein. Evidence of this insurance described above shall be provided to City upon execution of this license 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~ .. ~c~3 -.,reasonable wear and tear excepted ', 14. On or. before the date of expiration of this license, as set forth · , ~above, or Upon revocati°n by City, or abandonment by' Licensee, Licensee shall ' _,_ _ ' ~'r...~ Property ~o.a~ vacate the]~rom~os~.leaving~hi~m in as good order and condition as that .f~o , existing on the date of commencement of the license. If this lice_rise is revoked, ~'~ ' P ?~1 its Licensee shall vacate the )~rope.rty, remove/~ property therefrom,' and restore the j~roperty to the·condition ~aforesaid within the time that City may designate. · In e~ther event, if Licensee shall fail or neglect to remove his property and .. fc~O '/Property to restore the/~xromi~e~., then, at the option of the City, the property of Licensee shall either become the property of City without compensation, or 'City -fOa3/Property ' may cause same to be removed and .the/pr~i~o~-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 rest'oration 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 of One Hundred Dollars ($100.00 per day). ]6. 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. Licensee shall have. the right to terminate this · license at any time by giving to City at least thirty (30) days' written noticec 17. The fee for this license shall be in the amount of 1WO HUNDRED {$200.00} DOLLARS 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 Annex, 315 Maple Avenue, South San'Francisco, CA. 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., by giving to Licensee at least thirty (30) days' prior written notice. -5- 18. NOTICES All notices required by this 'license shall be in writing and sent first class, postage prepaid, address'ed as follows: TO CITY: TO LICENSEE: CITY- OF souTH SAN FRANCISCO City. Hall Annex 315 Maple Avenue South San Francisco, CA, 94080 Atten: Department of Finance REYNOLDS ALUMINUM RECYCLING CO>mANY ~40595 Albrac .Strcct-~ Fremont, CA. 94538' 6603 West Broad Street Richmond, Virginia 23230 Attention: Rea-1 Estate Department All changes which have been initialed f~z~ are to be considered as having been initialed by John F. Moore, Director of the Real Estate Department of Reynolds Aluminum Recycling Company. CA, and Richmond, VA, on the day and year first written above. IN WITNESS WHEREOF, the parties have executed this Agreement at South San Francisco: .! ,,"' ~ 'i J, ' ~ R YN~E co." '.,".:' ALUMINUM RECYCLING ~ ~,', ,~ · (, ,., , . -. ATTEST: · " ,,. City Clerk · CITY OF SOUTH SAN FRANCISCO Manager -6- EXHIBIT "A" Legal Descript'i'on 1. A 500 sq. ft. {50' x 100'} space within a 5.410 acre area {+ or'-) within 'the City owned lot located within a fenced enclosure on a portion of Assessor's Parcel No. O14-051-OgO in the City of South San Francisco, County of San Hateo, and more commonly described as Recycling Center for the purpose of recovering recyclable aluminum cans. Exact location of 4D foot trailer will be determined at a later' date. .' · . · · 2, The specific location of the above 40 foot trailer and all of the equipments are subject to prior approval of the City~