HomeMy WebLinkAboutReso 144-1984 RESOLUTION NO. 144-84
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION AUTHORIZING ISSUANCE OF A
REVOCABLE PERMIT FOR USE OF CITY OWNED
PROPERTY TO W.T,C, AIR FREIGHT, INC.'
BE IT RESOLVED by the City Council of the City of South San Francisco
that:
1. Issuance of Permit.
Issuance of a permit entitled "Revocable Permit for Use of a Parcel
of Land Owned by the City of South San Francisco" by the City of South San
Francisco to W.T.C. Air Freight, Inc., is hereby authorized, and a copy of
said permit is attached hereto as Exhibit "1".
2. Signature.
The City Manager is authorized to execute said permit on behalf of
the City.
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
reg~il~r ' ~ meeting held on' the 26thday of ~September , 1984,
by the fol 1 owing vote'
AYES:
NOES:
ABSENT.
'Counci'lmembers Mark 'N Addiego, Emanuele ~N Damonte, Richard 'A~. Haffey..
Gus'Nicolopulos; and Roberta'Cerri Teglia
None
None
EXHIBIT "1" TO RESOLUIOTN NO. 144-84
REVOCABLE PERMIT FOR USE OF
A PARCEL OF I. AND OWNED BY TIlE
'CITY OF SOUTH SAN FRAJ.ICISCO
This permit issued this 26th day of September
· 1984
provides for a revocable use of an area situated in the City of South San
Francisco, County of San Mateo, State of California, designated as the south-
easterly corner of Parcel 1 as shown on the Parcel Map filed for record on
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February '6, 19.79 in Volume 45 at Page 41 in the ~ffice of the San )4ateo County
Recorder, to be .leased to W.T.C. AIR FREIGHT, INC. for parking purposes.
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city hereby provides to W.T.C. AIR FREIGHT, 'I[IC., (hereinafter re-
.ferred to as "Permittee"), until teminated by City, the temporary u~e of the
property described in Exhibits "A" and "B" YJhich are attached hereto and in-
corporated herein by this reference.
Permittee is granted this permit for the limited purpose of operating,
__. managing and maintaining a parking area for its business establishment. Per-
mittee is limited-t° tile use of this property for said purposes only for the
life of this permit, vjhich shall· be for the. period from, September 28, 1984
through.
City.
June 30~ 1.985_
unless revoked sooner at the sole discretion of the
~his permit is granted subject to the terms and conditions as foll'o;.~s-
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l) l:he use of this property shall be subject to the control of the
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City of South San Francisco, hereinafter referred to as Ci'ty~ and to a'ny and all
rules and regulations including but not limited to ingress, egress, safety,
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sanitation and security that may be prescribed by the City, providing the City
and utility companies an unrestricted right to enter the ri§ht-of-w~y for ~ainte'
hence of storm drains, sewers and other utilities.
- 2) Permit~ee has inspected and knows the.condition of the proper~t~.;.
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and it is understood that the property is hereby provided without any represen-
%ation or warranty by City whatsoever, and without Obligation on the p~rt of
City to make any alterations, repairs, or additions thereto.
3) Permittee shall neither transfer nor assign this permit or. any
property on the City's right-of-way, nor shall Pe.rmittee grant any interest or
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privilege what~oeve~ in connection with this pemit.
4) Ri'ght is hereby reserved to City, its officers, agents and employees,
to enter the premises at any time and for any purpose necessary or convenient in-
'eluding 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, ~gent or employee
thereof. .
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5) Permittee hereby a§rees to, and shall indemnify and, bold City,
its elective and appointive boards, officers, agents and employees harmless from
any liability for damages or claims for damage for'persOnal ' ' r
· ~r,3u y, including any
unsafe condition of the property, as well as from claims for property damage which
may arise from'Permittee's operations under this Permit.. Permittee agrees to, ~nd
shall, defend City and its elective and appointive boar~s, officers, agents and
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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 aforesaid operations. Per-
mi ttee further agrees to assume all responsibility for damage to Permittee'$
property or City 'property arisi,g out of Permittee's operat~ions.
6) Permittee shall at all times exercise due diligence i:d:~he protection
of the property against damage or destruction by fire and other causes.
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, ?) Any property of City that is damaged or destroyed by Permittee
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incident'to Perm~ttee's use and occupation of the property shall be promptly
repaired or replaced by Permittee to the satisfaction of the City; ¥~here in
l~eu of repair or replacement, Permittee 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
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8) Permi ttee shall Pay City on demand a sum that may have to be
expended after 'the expiration, revocation, or termination of this permit.:~6".
restoring the premises to its ori§inal condition.
9) Permittee shall comply with all applicable laws, ordinances,
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and regulations w~th re§ard to construction, sanitation, licenses, or permits
to e~§a§e in Perhittee's activities, and any other authorized matter.
lO) Permittee shall pay to the proper authorities, ~.~hen due, all
taxes, assessments, and similar char§es which, at any t~me durin~ the term of
the permit, may be taxed, assessed,-or imposed on City or on Perm~ttee ~.~th
respect to or on the property.
-'" ll) Permittee shall take out and maintain during the life of this
permit the followin~ policies of ~nsurance:
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(a) l,lorker'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, .and subject to the
same limit for each person, in an amount not less than $1,000,000.00 on account
of any one occurrence.
(c) .Property Dama_g_e Insurance- In an amount not less than
$500,000.00 for damage to the property of each person on account of any one
occurrence.
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'. (d) .Con.trac_tual Liabil_i.ty Ins~urance_' Permittee shall take out
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and-maintain during the life of this permit an insurance policy in the amount
of at least $1,ODO,O00.O0 insuring the City, its elective and appointive boards,
commissions, officers, agents .and employees, and Permittee against dama9e sus-
tained by reason of any action or actions at law or in equity, and/or any claims
or demands _by re?son of any bre.ach ~.i:~ _alleged .breach of a~nY contract: or pro-
visions thereo{, or by reason of any contractual liability, or alleged contractual
. liability on any contract, entered into by P~rmittee and/or any of its agents or
employees.
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(e) It is agreed that the insurance required by Subsection b,
and 'd shall be extended to include the City of Souih San Francisco, its elective
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and appointive boards, officers, agents and employees, ~ith respect to operations
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performed b~ the Permittee, 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.
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policy of insurance shall also contain a provision indicating that such insurance
shall not be reduced o~ cancelled except upon th{try days written notice to City.
In addition, the following endorsement shall be made on said policy of insurance'.
"lqotwithstanding 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'.~'
(12) On or before the date of expira'tion of this permit, ~.~hich shall be
June 30, 1985 ., revocation by City, or abandonment by Pemittee, Per-
mittee shall vacate the premises to as good order and condition as that existin~
- oh the date or commencement of the permit. If this permit is revoked, Permittee
shall Yada. te the property, remove his. property therefrom, and restore the propert.¢
to the con~tition aforesaid within the time that City may designate..In either
eve,It, if Permittee shall fail or neglect to remove his property'and to restore
the.premises, then, at the option of the City, the property of Pemittee shall
either become the property of City ~.lithout compensation, or City may cause to be
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removed and the premises to be restored at the expense of Petrol tree, and no
claim for damage, s against. City shall be created by or made on account of the
removal and restoration work.
13) permittee.shall, at the termination of this permit, by lapse of time
or other~.iise 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 permit may be revoked or modified by City upon City §iVi'ng .
__ ?ermittee thirty (3D) days written notice thereof, and Permittee shall modify,
relocate or remove its operations described herein as required by City at Permittee's
sole cost and expense.-.
15) The fee for this permit, v~hich shall cover the period of 9e28eS.4~.'-~'~ .
througl! June_ 30, 1985
shall be in the amount of l'wo Hundred Ten Dollars
($210.00) per month. All-of.said fee shall be paid at the office of the Department
of Finance of the City of South San Francisco located at City Hall, 4DO Grand Avenue,
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South San Francisco, California 94089, on the 25th day of each month, in advance.
Said monthly rate shall be subject to review and may b~ increased by.the City at
its sole discretion.
'16) NOTICES .~" ;~ ·
All notices required by this permit shall be in writingS1 and sent
first class, postage 'prepaid, addressed as follows-
. TO:
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TO PERM!TTEE:'
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CITY OF SOUTH SAN FRANCISCO
400 Grand Avenue
South San Francisco, CA.. 94080
Atten: Department of Finance
14.T.C. AIR FREIGHT, INC.'
140 Belle Air Road
.'South San Francisco, CA. 94080
Atten:
iN WITNESS ~$HEREOF, the parties have executed this Agreement at
South San Francisco
CITY OF SOLFFH SAN FPANCISCO
a Nunicipal corporation
Title: City Manager
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ATTEST: ~
~~ty: Clerk
on the day and year first ~,~ritten above.
~I.T.C; AIR FREIGHT, INC.
Title:
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Legal Description o'[ Parcel ot~ Lan~
lFo Be Leased Yo
~I.~.C. Air Freight For Parkin.~I
B~.§~nn~ng at a point ~.lh{ch b=.ars I~ 7o51'[.I, 64 feet~ and S
15~ feet from the most southeastely corner of Parcel I as
on the Parcel ~Iap f~led for record on February 6, 1979 ~n Volume
at Page ~1 in the office of th~ San Mateo County Recorder;
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YBENCE, ~lon~ the northerly line of Belle A~r Road ms ~hown on
map, S 82o09'W, IOD feet; thence l~av~n~ sa~d lin~ N 7o51'~I, 127.5
feet; thence ~ 82o09'E, 100 feet; thence S ~o51'E, 127.5'feet
the point of beginning.
Enclosin9 on area of 12,750 square feet~
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