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HomeMy WebLinkAboutReso 172-1984RESOLUTION NO. .172-84 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLULTION APPROVING THE FORM OF AGREEMENTS FOR INSTALLATION OF IMPROVEMENTS TO REDUCE AIRCRAFT NOISE IMPOSING WITHIN A STRUCTURE BE IT RESOLVED by the City Council of the City of South San Francisco that: 1. Approval of forms of Agreements. The forms of the Agreements for installation of improvements to reduce aircraft noise imposing within structures attached hereto as Exhibits "1" through "4" are hereby approved, and may be used as necessary to carry out the Noise Insulation Program undertaken by the .City of South San Francisco, pursuant to the Aviation Safety and Noise Abatement act of 1979 (commencing at 49, U.S.C, Section 2101 ). 2. Execution of Agreement. The City Manager is authorized to execute the appropriate form of Agreement with any property owners wishing to participate in the Noise Insula- tion Program when such owners are selected by the City as participants, 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 re.qular meeting held on the ~4th day of OCtober , 1984, by the following vote' AYES: NOES' ABSENT' Councilmembers Mark-N. Addiego, Emanuele N. Damonte, Richard .A. Haffey, Gus-Nicolopulos; and Roberta Cerri Teglia None ~ ~ None EXtili~i'I "1" TO RESOLUTION NO. 172-84 AGREEMENT FOR INSTALLATION OF IMPROVEMENTS TO REDUCE AIRCRAFT NOISE IMPOSING WITHIN A PRIVATELY OWNED STRUCTURE (TWENTY PERCENT (20%) LOCAL FUNDING PROVIDED BY SAN FRANCISCO) This Agreement is entered into this ' day of , 19 by and between the City of South San Francisco, a municipal corporation organized and existing under the laws of the State of California (herein- after "City" ) and (hereinafter "Owner"). WHEREAS, Owner is the owner of that certain real property located at and more particularly described in Exhibit "A" attached hereto and by this reference incorporated herein as though set forth verbatim (hereinafter the "Property"); and WHEREAS, Owner has been offered the opportunity to participate in a publicly funded program which is intended to cause changes to be made to the Property resulting in the attenuation of aircraft noise imposing on the interior of the structure(s) located on the Property (hereinafter "Noise Insulation Program"); and WHEREAS, the funding source for said Noise Insulation Program will in- clude eighty percent (80%) funding from the United States Government pur- suant to the Aviation Safety and Noise Abatement Act of 1979 (commencing at 49 U.S.C. Section 2101) and twenty percent (20%) funding from the City and County of San Francisco in its capacity as owner of San Francisco International Airport (hereinafter "SFO"); NOW, THEREFORE, IT IS HEREBY AGREED BY THE PARTIES HERETO THAT: 1. In consideration of the covenants and conditions expressed in this Agreement, City agrees to allow owner to participate in the Noise Insula- tion Program by receiving eighty percent (80%) funding from the United States Government and twenty percent (20%) funding from the City and County of San Francisco of improvements to the structure(s) located on the Property, which improvements are to be accomplished in accordance with plans and speci- fications developed by the City subject to review by the Owner and approval of the Federal Aviation Administration (hereinafter the "Plans and Specifi- cations''). 2. The improvements set forth in the Plans and Specifications shall be installed by an independent contractor selected by City exercising its sole discretion. Said Contractor shall be solely responsible for its actions, and nothing in this Agreement shall be construed to create the relationship of agent, servant, employee, partnership, joint venture or assoc- iation, or any other relationship whatsoever other than that of independent contractor between City and the Contractor. 3. City in no way warrants that the improvements offered pursuant to this agreement will effectively reduce noise within the structure(s) located on the Property, and the Owner agrees that it will hold City harmless from any and all damages, claims or causes of action of any kind associated with or arising out of the work contemplated in this agreement. The City makes no other warranties express or implied, with respect to the work to be accomplished, the product(s) to be installed or the design of the improve- ments; this exclusion includes, but is not limited to, warranties of fitness for a particular purpose or use and warranties of merchantibility. -2- 4. Owner shall indemnify, hold harmless and defend City, its employees, agents, officers, boards and commissions whether denied or approved, from and against all claims, demands, actions, causes of action, losses, damages, lia- bilities, costs and expenses including, but not limited to, reasonable attor- neys fees or obligations, for or in connection with personal injury (including, but not limited to, death) and property damage which arises out of or is in any way connected with the negligent act, error or omission of Owner, including, but not limited to, dangerous condition(s) of the Property. Section 2778 of the Civil Code shall apply to Owner's obligation to defend pursuant to this paragraph. 5. It is further agreed as follows' (a) Owner will allow the construction work on the project to be in- spected and approved as may reasonably be requested by City or by the Secretary of Transportation of the United States of America (hereinafter the "Secretary") during the construction or installation of the noise compatibility measures and for a period of one (1) year after the completion of the measures. (b) Owner shall assume the complete responsibility for maintenance and operation of the items installed, purchased, or constructed pursuant to this agreement; and (c) Owner's right to sue the owner of the San Francisco Inter- national Airport for adverse noise impact will be abrogated if the Owner deliberately or willfully acts to reduce or destroy the effectiveness of the noise mitigation measures during the useful life of such measures; and -3- (d) Unless otherwise stated herein, the obligations listed in this Paragraph 5 shall remain in effect throughout the useful life of the noise compatibility measures, but not to exceed twenty (20) years from the date of the City's acceptance of Federal aid for the project. (e) By executing this Agreement, Owner guarantees access to the Property for the City, its officers, agents, employees, contractors and consultants for purposes of planning, estimating, construction and monitor- ing of the improvements. Owner further agrees to be present at all times when access is being provided if reasonable advance notice is provided, In granting the access referred to herein, the Owner recognizes that there will inevitably be some disruption and inconvenience associated with the estimating, planning, construction and subsequent monitoring of the improve- ments within one (1) year after completion of the work and hereby specifically waives any right it may have to deny the access provided for herein; and any subsequent claims or causes of action arising out of the use of said access not already specifically waived elsewhere in this agreement. 6. In consideration of the funding of the improvements to the Property set forth above, the Owner specifically agrees that the obligations of the Owner hereunder shall be covenants running with the land and shall be binding upon the Owner's heirs, assigns and successors in interest of any description, Owner further agrees that a copy of this Agreement shall be recorded in the Office of the Recorder of the County of San Mateo within thirty (30) days of its execution by Owner and City. 7. Owner hereby assigns to City all right, title and interest Owner has in receiving the funding from the City and County of San Francisco as described in Paragraph i above and expressly authorizes City to collect said funds from the City and County of San Francisco on Owner's behalf and to expend such funds -4- in such amounts and in such a manner as City, in its sole discretion, deems necessary to carry out the Noise Insulation Program. 8. Notices' All notices herein required shall be in writing, and delivered in person or sent by certified mail, postage prepaid. Notices required to be given to the City shall be addresed as follows' Director of Public Services City Hall, P,O. Box 711 South San Francisco, CA 94083 Notices required to be given to Owner shall be addressed as follows' IN WITNESS WHEREOF, the Parties hereto have executed this agreement this day of' · , 19 . OWNER NOTARIZATION NOTARIZATION CITY OF SOUTH SAN FRANCISCO ATTEST: City Clerk By: City Manager -5- EXHIBIT "2" TO P~F$0LUT!0N NO. 172-84 AGREEMENT FOR INSTALLATION OF IMPROVEMENTS TO REDUCE AIRCRAFT NOISE IMPOSING WITHIN A PRIVATELY OWNED STRUCTURE (LOCAL SHARE OF FUNDING SECURED BY OWNER) This Agreement is entered into this ....... day of ............. , 19'. · by and between the City of South San Francisco, a municipal corporation organized and existing under the laws of the State of California (herein- after "City") and (hereinafter "Owner"). WHEREAS, Owner is the owner of that certain real property located at and more particularly described in Exhibit "A" attached hereto and by this reference incorporated herein as though set forth verbatim (hereinafter the "Property"); and WHEREAS, Owner has been offered the opportunity to participate in a publicly funded program which is intended to cause changes to be made to the Property resulting in the attenuation of aircraft noise imposing on the interior of the structure(s) located on the Property (hereinafter "Noise Insulation Program"); and WHEREAS, the funding source for said Noise Insulation Program will' in- clude eighty percent (80%) funding from the United States Government pur- suant to the Aviation Safety and Noise Abatement Act of 1979 (commencing at 49 U.S.C. Section 2101) and twenty percent (20%) funding to be obtained by owner from any source selected by owner; NOW, THEREFORE, IT IS HEREBY AGREED BY THE PARTIES HERETO THAT: i In consideration of the covenants and conditions expressed in this Agreement, City agrees to allow owner to participate in the Noise Insula- tion Program by receiving eighty percent (80%) funding from the United States Government of improvements to the structurels) located on the Property, which improvements are to be accomplished in accordance with plans and speci- fications developed by the City subject to review by the Owner and approval of the Federal Aviation Administration (hereinafter the "Plans and Specifi- cations''). 2. The improvements set forth in the Plans and Specifications shall be installed by an independent contractor selected by City exercising its sole discretion. Said Contractor shall be solely responsible for its actions, and nothing in this Agreement shall be construed to create the relationship of agent, servant, employee, partnership, joint venture or assoc- iation, or any other relationship whatsoever other than that of independent contractor between City and the Contractor. 3. City in no way warrants that the improvements offered pursuant to this agreement will effectively reduce noise within the structurels) located on the Property, and the Owner agrees that it will hold City harmless from any and all damages, claims or causes of action of any kind associated with or arising out of the work contemplated in this agreement. The City makes no other warranties express or implied, with respect to the work to be accomplished, the product(s) to be installed or the design of the improve- ments; this exclusion includes, but is not limited to, warranties of fitness for a particular purpose or use and warranties of merchantibility. -2- 4. Owner shall indemnify, hold harmless and defend City, its employees, agents, officers, boards and commissions whether denied or approved, from and against all claims, demands, actions, causes of action, losses, damages, lia- bilities, costs and expenses including, but not limited to, reasonable attor- neys fees or obligations, for or in connection with personal injury l including, but not limited to, death) and property damage which arises out of or is in any way connected with the negligent act, error or omission of Owner, including, but not limited to, dangerous condition(s) of the Property. Section 2778 of the Civil Code shall apply to Owner's obligation to defend pursuant to this paragraph. 5. It is further agreed as follows. (a) Owner will allow the construction work on the project to be in- spected and approved as may reasonably be requested by City or by the Secretary of Transportation of the United States of America (hereinafter the "Secretary") during the construction or installation of the noise compatibility measures and for a period of one (1) year after the completion of the measures. (b) Owner shall assume the complete responsibility for maintenance and operation of the items installed, purchased, or constructed pursuant to this agreement; and (c) Owner's right to sue the owner of the San Francisco Inter- national Airport for adverse noise impact will be abrogated if the Owner deliberately or willfully acts to reduce or destroy the effectiveness of the noise mitigation measures during the useful life of such measures; and -3- (d) Unless otherwise stated herein, the obligations listed in this Paragraph 5 shall remain in effect throughout the useful life of the noise compatibility measures, but not to exceed twenty (20) years from the date of the City's acceptance of Federal aid for the project. (e) By executing this Agreement, Owner guarantees access to the Property for the City, its officers, agents, employees, contractors and consultants for purposes of planning, estimating, construction and monitor- ing of the improvements. Owner further agrees to be present at all times when access is being provided if reasonable advance notice is provided. In granting the access referred to herein, the Owner recognizes that there will inevitably be some disruption and inconvenience associated with the estimating, planning, construction and subsequent monitoring of the improve- ments within one (1) year after completion of the work and hereby specifically waives any right it may have to deny the access provided for herein; and any subsequent claims or causes of action arising out of the use of said access not already specifically waived elsewhere in this agreement. (f) In order for owner to participate in the Noise Insulation Program, owner must, prior to City's award of a contract to perform the work, deposit with City an amount equal to twenty percent (20%) of the total estimated cost of the work as determined by the Deputy City Manager/City Engineer, Technical and Maintenance Services of the City. 6. In consideration of the funding of the improvements to the Property set forth above, the Owner specifically agrees that the obligations of the Owner hereunder shall be covenants running with the land and shall be binding upon the Owner's heirs, assigns and successors in interest of any description. Owner further agrees that a copy of this Agreement shall be recorded in the Office of the Recorder of the County of San Mateo within thirty (30) days of its execution by Owner and City. -4- 8, Notices. All notices herein required shall be in writing, and delivered in person or sent by certified mail, postage prepaid. Notices required to be given to the City shall be addresed as follows- Director of Public Services City Hall, P,O. Box 711 South San Francisco, CA 94083 Notices required to be given to Owner shall be addressed as follows: IN WITNESS WHEREOF, the Parties hereto have executed this agreement this ~ day of , 19 . OWNER NOTARIZATION NOTARIZATION CITY OF SOUTH SAN FRANCISCO ATTEST: · , City Clerk By ° · City Manager -5- EXHIBli "3" TO RESOLUTION NO. 172-84 AGREEMENT FOR INSTALLATION OF IMPROVEMENTS TO REDUCE AIRCRAFT NOISE IMPOSING WITHIN A STRUCTURE OWNED BY A UNIT OF LOCAL GOVERNMENT (LOCAL FUNDING SECURED BY OWNER)' This Agreement is entered into this day of ~ , 19 by and between the City of South San Francisco, a municipal corporation organ- ized and existing under the laws of the State of California (hereinafter "City" ) and (hereinafter "Owner"). WHEREAS, Owner is the owner of that certain real property located at and more particularly described in Exhibit "A" attached hereto and by this reference incorporated herein as though set forth verbatim (hereinafter the "Property"); and WHEREAS, Owner has been offered the opportunity to participate in a publicly funded program which is intended to cause changes to be made to the Property resulting in the attenuation of aircraft noise imposing on the interior of the structure(s) located on the Property (hereinafter "Noise Insulation Program"); and WHEREAS, the funding source for said Noise Insulation Program will include eighty percent (80%) funding from the United States Government pursuant to the Aviation Safety and Noise Abatement Act of 1979 (commencing at 49 U.S.C. Sec- tion 2101) and twenty percent (20%) funding to be obtained by owner from any source selected by owner; NOW, THEREFORE, IT IS HEREBY AGREED BY THE PARTIES HERETO THAT: 1. In consideration of the covenants and conditions expressed in this Agreement, City agrees to allow owner to participate in the Noise Insula- tion Program by receiving eighty percent 180%) funding from the United States Government of improvements to the structurels) located on the Property, which improvements are to be accomplished in accordance with the plans and specifications developed by the City subject to review by the owner and approval of the Federal Aviation Administration (hereinafter the "Plans and Specifica- tions''). 2. The improvements set forth in the Plans and Specifications shall be installed by an independent contractor selected by City exercising its sole discretion. Said Contractor shall be solely responsible for its actions, and nothing in this Agreement shall be construed to create the relation- ship of agent, servant, employee, partnership, joint venture or association, or any other relationship whatsoever other than that of independent contractor between City and the Contractor. 3. City in no way warrants that the improvements offered pursuant to this agreement will effectively reduce noise within the structurels) located on the Property, and the Owner agrees that it will hold City harmless from any and all damages, claims or causes of action of any kind associated with or arising out of the work contemplated in this agreement. The City makes no other warranties express or implied, with respect to the work to be accomplished, the productls) to be installed or the design of the improvements; this exclusion includes, but is not limited to, warranties of fitness for a particular purpose or use and warranties of merchantibility, 4. Owner shall indemnify, hold harmless and defend City, actions, causes of action, losses, damages, liabilities, costs and expenses including, but not -2= limited to, reasonable attorneys fees or obligations, for or in connection with personal injury (including death) and property damage which arises out of or is in any way connected with the negligent act, error or omission of Owner, including, but not limited to, dangerous condition(s) of the Property. Section 2778 of the Civil Code shall apply to Owner's obl. igation to defend pursuant to this paragraph. 5. It is further agreed as follows' (a) Owner will allow the construction work on the project to be in- spected and approved as may reasonably be requested by City or by the Secretary of Transportation of the United States of America {hereinafter the "Secretary") during the construction or installation of the noise compatibility measures and for a period of one (1) year after the completion of the measures. (b) Owner shall assume the responsibility for maintenance and opera- tion of the items installed, purchased, or constructed pursuant to this agree- ment; and (c) Owner's right to sue the owner of the San Francisco International Airport for adverse noise impact will be abrogated if the Owner deliberately or willfully acts to reduce or destroy the effectiveness of the noise mitigation measures during the useful life of such measures; and (d) Unless otherwise stated herein, the obligations listed in this Paragraph 5 shall remain in effect throughout the useful life of the noise compatibility measures, but not to exceed twenty {20) years from the date of the City's acceptance of Federal aid for the project. (e) By executing this Agreement, Owner guarantees access to the Prop- erty for the City, its officers, agents, employees, contractors and consul- tants for purposes of planning, estimating, construction and monitoring of the improvements. Owner further agrees to be present at all times when access is being provided if reasonable advance notice is provided. In granting the -3- · access referred to herein, the Owner recognizes that there will inevitably be some disruption and inconvenience associated with the estimating, planning, construction and subsequent monitoring of the improvements within one (1) year after completion of the work and hereby specifically waives any right it may have to deny the access provided for herein and any subsequent claims or causes of action arising out of the use of said access not already specifically waived elsewhere in this agreement; and (f) City and owner will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines and requirements as they relate to the application, acceptance and use of Federal funds for this project including but not limited to the following: Federal Legislation 1. Federal Aviation Act of 1958 2. Hatch Act 3. Federal Fair Labor Standards Act 4. Davis-Bacon Act 5. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 - Titles II and III 6. National Historic Preservation Act of 1966 - Section 106 7. Archeological and Historic Preservation Act of 1966 8. Flood Disaster Protection Act of 1973 - Section 102(a) 9. Rehabilitation Act of 1973 - Section 504, Section 503 10. Civil Rights Act of 1964 - Title VI 11, Aviation Safety and Noise Abatement Act of 1979 12. Age Discrimination Act of 1975 13. Architectural Barriers Act of 1968 14. Vietnam Era Veterans' Readjustment Assistance Act of 1974 - Section 402 15. Airport and Airway Improvement Act of 1982 16. Powerplant and Industrial Fuel Use Act of 1978 - Section 403 1/ -4- Federal Regulations 1. 49 CFR Part 21 - Nondiscrimination in Federally-Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964. 2. 49 CFR Part 23 - Participation by Minority Business Enterprise in Department of Transportation Programs. 3. 49 CFR Part 27 - Non-Discrimination on the Basis of Handicap in Programs and Activities Receiving or Benefitting from Federal Financial Assistance. 4. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and Federally-assisted Contracting Requirements, Including those Relating to Disabled Veterans and Veterans of the Vietnam Era and Handicapped Workers). 5. 14 CFR Part 150 - Airport Noise Compatibility Planning. Office of Management and Budget Circulars 1. A-87 - Cost Principles Applicable to grants and contracts with State and Local Governments. 2. A-95 - Evaluation, Review and Coordination of Federal and Federally Assisted Programs and Projects. 3. A-102 - Uniform Requirements for Assistance to State and Local Governments. Specific assurances to be included in agreements by any of the above are incorporated by reference in this Agreement; and (g) Owner has sufficient funds available to assure operation and maintenance of items funded under this grant agreement; and (h) Owner will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended; and (i) Owner will protect the aerial approaches to the airport by prevent- ing the establishment or creation of future airport hazards on property owned or controlled by it or over which it has land use jurisdiction; and -5- (j) Owner will take appropriate action to the extent reasonable, in- cluding the adoption of zoning laws if legally possible, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft, In addition, it will not cause or permit any change in land use, within its jurisdiction, that will reduce the compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended; and (k) Owner will comply with such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefitting from funds received from this grant. (1) In order for owner to participate in the Noise Insulation Program, owner must, prior to City's award of a contract to perform the work, deposit with City an amount equal to twenty percent (20%) of the total estimated cost of the work as determined by the Deputy City Manager/City Engineer, Technical and Maintenance Services of the City. 6. In consideration of the funding of the improvements to the Property set forth above, the Owner specifically agrees that the obligations of the Owner hereunder shall be covenants running with the land and shall be binding upon the Owner's heirs, assigns and successors in interest of any description. Owner further agrees that a copy of this Agreement shall be recorded in the Office of the Recorder of the County of San Mateo within thirty (30) days of its execution by Owner and City. -6- 18. Notices' All notices herein required shall be in writing, and delivered in person or sent by certified mail, postage prepaid. Notices required to be given to the City shall be addresed as follows: Director of Public Services City Hall, P,O. Box 711 South San Francisco, CA 94083 Notices required to be given to Owner shall be addressed as follows: this IN WITNESS WHEREOF, the Parties hereto have executed this agreement day of , 19' . OWNER NOTARIZATION NOTARIZATION CITY OF SOUTH SAN FRANCISCO ATTEST: City Clerk By: City Manager ~XHIBIT "4" RFSOL~TION NO. 172-84 AGREEMENT FOR INSTALLATION OF IMPROVEMENTS TO REDUCE AIRCRAFT NOISE IMPOSING WITHIN A STRUCTURE OWNED BY A UNIT OF LOCAL GOVERNMENT (TWENTY PERCENT (20%) LOCAL FUNDING PROVIDED '' BY SAN FRANCISCO) This Agreement is entered into this day of , 19 by and between the City of South San Francisco, a municipal corporation organ- ized and existing under the laws of the State of California (hereinafter "City") and (hereinafter "Owner"). WHEREAS, Owner is the owner of that certain real property located at and more particularly described in Exhibit "A" attached hereto and by this reference incorporated herein as though set forth verbatim (hereinafter the "Property"); and WHEREAS, Owner has been offered the opportunity to participate in a publicly funded program which is intended to cause changes to be made to the Property resulting in the attenuation of aircraft noise imposing on the interior of the structure(s) located on the Property (hereinafter "Noise Insulation Program"); and WHEREAS, the funding source for said Noise Insulation Program will include eighty percent (80%) funding from the United States Government pursuant to the Aviation Safety and Noise Abatement Act of 1979 (commencing at 49 U.S.C. Sec- tion 2101) and twenty percent (20%) funding from the City and County of San Francisco in its capacity as owner of San Francisco International Airport (hereinafter "SFO"); NOW, THEREFORE, IT IS HEREBY AGREED BY THE PARTIES HERETO THAT: 1. In consideration of the covenants and conditions expressed in this Agreement, City agrees to allow owner to participate in the Noise Insula- tion Program by receiving eighty percent (80%) funding from the United States Government and twenty percent (20%) funding from the City and County of San Francisco of improvements to the structurels) located on the Property, which improvements are to be accomplished in accordance with the plans and specifications developed by the City subject to review by the owner and approval of the Federal Aviation Administration (hereinafter the "Plans and Specifica- tions''). 2. The improvements set forth in the Plans and Specifications shall be installed by an independent contractor selected by City exercising its sole discretion. Said Contractor shall be solely responsible for its actions, and nothing in this Agreement shall be construed to create the relation- ship of agent, servant, employee, partnership, joint venture or association, or any other relationship whatsoever other than that of independent contractor between City and the Contractor. 3. City in no way warrants that the improvements offered pursuant to this agreement will effectively reduce noise within the structure(s) located on the Property, and the Owner agrees that it will hold City harmless from any and all damages, claims or causes of action of any kind associated with or arising out of the work contemplated in this agreement. The City makes no other warranties express or implied, with respect to the work to be accomplished, the product(s) to be installed or the design of the improvements; this exclusion includes, but is not limited to, warranties of fitness for a particular purpose or use and warranties of merchantibility. 4~ Owner shall indemnify, hold harmless and defend City, actions, causes of action, losses, damages, liabilities, costs and expenses including, but not -2- limited to, reasonable attorneys fees or obligations, for or in connection with personal injury (including death) and property damage which arises out of or is in any way connected with the negligent act, error or omission of Owner, including, but not limited to, dangerous condition{s) of the Property. Section 2778 of the Civil Code shall apply to Owner's obligation to defend pursuant to this paragraph. 5. It is further agreed as follows: (a) Owner will allow the construction work on the project to be in- spected and approved as may reasonably be requested by City or by the Secretary of Transportation of the United States of America (hereinafter the "Secretary") during the construction or installation of the noise compatibility measures and for a period of one (1) year after the completion of the measures. (b) Owner shall assume the responsibility for maintenance and opera- tion of the items installed, purchased, or constructed pursuant to this agree- ment; and {c) Owner's right to sue the owner of the San Francisco International Airport for adverse noise impact will be abrogated if the Owner deliberately or willfully acts to reduce or destroy the effectiveness of the noise mitigation measures during the useful life of such measures; and (d) Unless otherwise stated herein, the obligations listed in this Paragraph 5 shall remain in effect throughout the useful life of the noise compatibility measures, but not to exceed twenty (20) years from the date of the City's acceptance of Federal aid for the project. {e) By executing this Agreement, Owner guarantees access to the Prop- erty for the City, its officers, agents, employees, contractors and consul- tants for purposes of planning, estimating, construction and monitoring of the improvements. Owner further agrees to be present at all times when access is being provided if reasonable advance notice is provided. In granting the =3- access referred to herein, the Owner recognizes that there will inevitably be some disruption and inconvenience associated with the estimating, planning, construction and subsequent monitoring of the improvements within one (1) year after completion of the work and hereby specifically waives any right it may have to deny the access provided for herein and any subsequent claims or causes of action arising out of the use of said access not already specifically waived elsewhere in this agreement; and (f) City and owner will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines and requirements as they relate to the application, acceptance and use of Federal funds for this project including but not limited to the following. Federal Legislation 1. Federal Aviation Act of 1958 2. Hatch Act 3. Federal Fair Labor Standards Act 4. Davis-Bacon Act 5. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 - Titles II and III 6. National Historic Preservation Act of 1966 - Section 106 7. Archeological and Historic Preservation Act of 1966 8. Flood Disaster Protection Act of 1973 - Section 102Ia) 9. Rehabilitation Act of 1973 - Section 504, Section 503 10. Civil Rights Act of 1964 - Title VI 11. Aviation Safety and Noise Abatement Act of 1979 12. Age Discrimination Act of 1975 13. Architectural Barriers Act of 1968 14. Vietnam Era Veterans' Readjustment Assistance Act of 1974 - Section 402 15. Airport and Airway Improvement Act of 1982 16. Powerplant and Industrial Fuel Use Act of 1978 - Section 403 1/ -4- ~ederal Regulations 1. 49 CFR Part 21 - Nondiscrimination in Federally-Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964. 2. 49 CFR Part 23 - Participation by Minority Business Enterprise in Department of Transportation Programs. 3. 49 CFR Part 27 - Non-Discrimination on the Basis of Handicap in Programs and Activities Receiving or Benefitting from Federal Financial Assistance. 4. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and Federally-assisted Contracting Requirements, Including those Relating to Disabled Veterans and Veterans of the Vietnam Era and Handicapped Workers). 5. 14 CFR Part 150 - Airport Noise Compatibility Planning. Office of Management and Budget Circulars 1. A-87 - Cost Principles Applicable to grants and contracts with State and Local Governments. 2. A-95 - Evaluation, Review and Coordination of Federal and Federally Assisted Programs and Projects. 3. A-102 - Uniform Requirements for Assistance to State and Local Governments. Specific assurances to be included in agreements by any of the above are incorporated by reference in this Agreement; and (g) Owner has sufficient funds available to assure operation and maintenance of items funded under this grant agreement; and (h) Owner will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended; and (i) Owner will protect the aerial approaches to the airport by prevent- lng the establishment or creation of future airport hazards on property owned or controlled by it or over which it has land use jurisdiction; and -5- (j) Owner will take appropriate action to the extent reasonable, in- cluding the adoption of zoning laws if legally possible, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft, In addition, it will not cause or permit any change in land use, within its jurisdiction, that will reduce the compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended; and (k) Owner will comply with such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefitting from funds received from this grant. 6. In consideration of the funding of the improvements to the Property set forth above, the Owner specifically agrees that the obligations of the Owner hereunder shall be covenants running with the land and shall be binding upon the Owner's heirs, assigns and successors in interest of any description. Owner further agrees that a copy of this Agreement shall be recorded in the Office of the Recorder of the County of San Mateo within thirty (30) days of its execution by Owner and City. 7. Owner hereby assigns to City all right, title and interest Owner has in receiving the funding from the City and County of San Francisco as described in Paragraph 1 above and expressly authorizes City to collect said funds from the City and County of San Francisco on Owner's behalf and to expend such funds -6- ~n such amounts and in such a manner as City, in its sole discretion, deems necessary to carry out the Noise Insulation Program. 8. Notices: All notices herein required shall be in writing, and delivered in person or sent by certified mail, postage prepaid. Notices required to be given to the City shall be addresed as follows' Director of Public Services City Hall, P,O. Box 711 South San Francisco, CA 94083 Notices required to be given to Owner shall be addressed as follows' IN WITNESS WHEREOF, the Parties hereto have executed this agreement this day of ' , 19 . OWNER NOTARIZATION NOTARIZATION CITY OF SOUTH SAN FRANCISCO ATTEST' .... City Clerk City Manager -7-