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HomeMy WebLinkAboutReso 1039-1945Attest:~~ ~~~ City Clerk CITY OF SAN BURNO Mayor R~OLUTION No. 1039 RESOLVED by the City Council of the City of South San Francisco that said city enter into an agree- ment with the United States of America, wherein said United S~%es of America, as permittor, may give to said city permission to construct, reconstruct, maintain and operate a 27 inch diameter reinf~rcec concrete force main sewer upon the property described in the proposed form of agreement, a copy of which is annexed hereto and made a part hereof. The Mayor of said city and the City Clerk are hereby authorized and directed, in the name of said city and under its seal, to executs~ an agreement with the United States of America in a form substantially the same as the form annexed ~reto. I hereby certify that the foregoing resolution was regularly introduced and adopted at a regular meeting of the City Council of the City of South Sam FrancL~co, held on the 6th day of August, 1945, by the following vote: Ayes, Councilmen Noes, Councilmen Absent, Councilmen V. Boido, M. Minucciani, G. W. Holston, Charles, K. Elder. None ~ Ivan ~. Hays. Attest: Daniel McSweeney ~ty C~erk THIS AGREEMENT, made this 23rd day of July, 1945, by and between the United States of America, hereinafter termed "permittor", and the City of South San Frm~cisco, a mnnicipal corporation in the C~nty of San Mateo, $~ate of California, hereinafter termed "permittee", WITNF~SSETH: Said permittor, in consideration of the benefits which ?~11 accede to the Naval AdVanCe Base Pers~amel Bspot, at San Bruno, California, and in further consideration of the faithful performance by the premittee of all the covenants and agreements herein contained, hereby grants permJ.ssion to the p~rmittee to construct, reconstruct, maintain and operate a twenty-seven (27) inch diameter reinforced concrete force main sewer, here- inaSter termed "structure", for conveying sewage, said structure to ~e constructed beneath the property of permittor at a depth of not less than three (3) feet, except where any portion of said structure may cross the portion of the diversion canal included with in the land hereinafter described and also except at the easterly location of the terminus of said structure at the waters of the Bay of San Francisco, in said City of South San Francisci, County of San Mateo, 6tats of California, in the location shown upon the print attached here- to and made a part hereof, and more particularly described as follows, to-wit: RCEL (1) A strip of land 10 feet in width lying 5 feet one, ch side of the following described center line: Begin at a point on the westerly line of that certain parcel of land described in Final Judgement of Condemnation Dis trict Court of the United States of America Case No. 22374-G dated December 20, 194~ and recorded January 21, 1944 in Volume ll04 O~ficial Records at page 122, Records of San Mateo County, California. The 2ocation of said point of beginning being at right angle to and 77 feet northeasterly from Center Line Station 294 ~- 54.08 of the Bayshore Highway, designated as S. M. IV 68-B of ~h e California State Highway System. Running thence from said point of beginning North 56© 44' East 519.45 feet North 760 17' East 960.42 feet North 59© 52' East 1092.40 feet and North 1~o 52' East 125.00 feet to a point. A strip of land 10 feet in width lying 5 feet on each side of the following described center line: Begin at a point which bears North 560 ~2' East 519.45 feet North 76© 17' East 960.42 feet and North 59© 52' East 1092.40 feet from a point on the westerly line of that certain parcel of land~eacribed in Final Judgemeny of Condemnation District Cou~t of the United States of America Case No. 22374-G, dated December 20, 1943 and recorded Janua~ 21, 1944 in Volume ll04 Official Records at page 122, Records of San Mateo County, California, the location of said point of beginning being at right angle to and 7~ feet northeasterly from ~emter Line Station. 294 ,~ 54.08 of the Bayshore EiEhway, designated as S. M. IV 68-B of the California State Highway system. Running thence from said point of beginning South 30° 08' East 150.00 feet to a point. This agreement is made upon the following terms and conditions: 1. Permittee and the agents and employees of permittee shall have the privilege of entering upon said premises for t~e purpose of making necessary repairs to or changes in said structure, and said permittee agrees to at all ~imes keep said premises in a good and safe condition, to the satisfaction of peNmittor. If permittee fails to keep said premises in a good and safe condition, then oer~,~ttor I hereby certify that the foregoing resolution was regularly introduced and adopted at a regular meeting of the City Council of ~e City of South San FrancL~co, held on the 6th day of August, 1945, by the following vote: Ayes, Councilmen Noes, Councilmen Absent, Councilmen V. Boido, M. Minucciani, G. W. Holston, Charles, K. Elder. None ' ivan N. ~ys. Attest: Daniel NcSweeney ~tty Clerk THIS AGREEMENT, made this 23rd day of July, 1945, by and between the United States of America, hereinafter termed "permittor", and the City of South San Frm~cisco, a municipal corporation in the C~nty of San Mateo, S~ate of California, hereinafter termed "permittee", WITNESSETH: Said permittor, in consideration of the benefits which vdll accrue to the Naval Ad?ancO Base Personnel B~pot, at San Bruno, California, and in fUrther consideration of the faithful performance by the premittee of all the covenants and agreements herein contained, hereby grants permJ, ssion to the p~rmittee to construct, reconstruct, maintain and operate a twenty-seven (27) inch dia~eter reinforced concrete force main sewer, here- ina~ter termed "structure", for conveying sewage, said structure to ~e constructed beneath the property of permittor at a depth of not less than three (3) feet, except where any portion of said structure may cross the portion of the diversion canal included with in the land hereinafter described and also except at the easterly lccation of ~he terminus of said structure at the waters of the ~ay of San Francisco, in said City of South San Francisci, County of S~n Mateo, State of California, in the location shown upon the print attached here- to and made a part hereof, and more particularly described as follows, to-wit: P~CE~ (1) A strip of land lO feet in width lying 5 feet one, ch side of the following described center line: Begin at a point on the westerly line of that certain parcel of land described in Final Judgement of Condemnation Dis trict Court of the United States of America Case No. 22374-G dated December 20, 194~ and recorded January 21, 1944 in Volume ll04 O~ficial Records at page 122, Records of ~an Mateo County, California. The ~ocation of said point of beginning being at right angle to and 77 feet northeasterly from Center Line Station 294 ~- 54.08 of the Bayshore Highway, designated as S. M. IV 68-B of th e California State Highway System. Running thence from said point of beginning North 56° 44' East 519.45 feet North 760 17' East 960.42 feet North 59° 52' East 1092.40 feet and North 1~o 52' East 125.00 feet to a point. A strip of land 10 feet in width lying 5 feet on each side of the following described center line: Begin at a point which bears North 560 ~2' East 519.45 feet North 76° 17' East 960.42 feet and North 59° 52' East 1092.40 feet from a point on the westerly line of that certain parcel of land ~eacribed in Final Judgemeny of Condemnation District Cou~t of the United States of America Case No. 22374-G, dated December 20, 1943 and recorded January 21, 1944 in Volume ll04 Official Records at page 122, Records of San Nateo County, California, the location of said point of beginning being at right angle to and 7~ feet northeasterly from ~enter Line Station. 294 ~- 54.08 of the Bayshore Nighway, designated as S. M. IV 68-B of the California State Highway system. Running thence from said point of beginning South 30° 08' East 150.00 feet to a point. This agreement is made upon the following terms and conditions: 1. Permittee and the agents and employees of permittee shall have the privilege of entering upon said premises for the purpose of making necessary repairs to or changes in said structure, and said permittee agrees to at all times keep said premises in a good and safe condition, to the satisfaction of pe~mittor. If permittee fails to keep said premises in a good and s~fe condition, then permittor may perform the necessary work at the expense of permittee, which expense permittee agrees to pay the permittor upon demand. Permittee agrees that all work upon, or in connection with, such structure, shall be done and made under the supervision a~d to the satisfaction of permittor. 2. Permittee shall not assign or transfer this agreement, in whole or in part, or permit any other person to use the rights or privileges hereby given without the consent of pern~_ttor first had and obtained; provided, however, that the City of San Bruno, a municipal corporation, situate contiguou~ to said City of South ~am Francisco, may jointly use said stm~cture with said City of South San Francisco', without the written consent of permittor first had and obtained. 3. In the event that permittee shall discontinue the use of said structure or shall abandon the same, all rights hereby given shall forthwith cmase and determine. 4. Should permittee fail to keep, observe and perform any covenant or condition on permittee's part herein containd, all rights hereby given shall, at the option of permittor, forthwith cease and determine. 5. Permittee shall assume all risk of damage to said structure and appurtenances and to any other property of said permittee, or any property under the control or custody of permittee, while upon the propert or eight of way of permittor, or in procimity thereto, caused by or contributed to in any way by the construc ion, operation, ~aintenance of any structure thereon by permittor; excepting any loss or damage arising solel by permittor's negligence. Permittee does hereby release and agree to indemnify and save harmless permittor from and against any anti,All liabilities for damages to property and for injuries or deaths suffered by permittee or the agents or representatives of permittee, or any other p~rson or persons while engaged in the construction, maintenance, ~peration, replacement or removal of said st~eture ~.nd appurtenances, caused by or contributed to in any way by the construction, operation or maintenance of structures on said property by the permittor, except as to liability for injuries or damages arising solely by permittor's negligence. 6. Permittee shall fully pay for all materials joined or affixed to said premises and pay in full all persons who perform labor upon said premises. 7. This instrument is not to be constm~ed as granting to permi~ee any permanent right, title or interest in land of permittor. 8. No member of or delegate to Congress or Resident Commissioner shall be admitted to any share or part of this permit, or to any benefit to arise therefrom. Nothing herein contained shall be construed to extend to any incorporated compauy, if the ~er.~It be for the general benefit of such corporation or c ompa ny. 9. Said permittee, in performing any work under this permit, shall not discriminate against any empl~y~ero~&pptiea~t for employment because of race, creed, color or national origin. Said permittee shall include an identical provision in any contract for said work and in all its subcontr-~cts. For the purposes of this sect.~on, ~ocontracts shall include all purchase orders and agreements to perform all or any part of the work, or to make or furnish any article, recruited for the performance of any such contract, except purchase orders or agreements for~the furnishing of standard commercial articles or raw materials. 10. ~e permittee warrants that it has not employed any person to solicit or secure this permit upon any agreemeht for a commission, percentage, brokerage or ~mati~ge~$ fee. Breach of this warranty shall giv~ the per~ittor the right to annul this permit. States. 11. This agreement may be terminated at the will of the Secretary of the Navy of the United IN WITNESS WHEREOF the parties hereto have e-~ecuted this agreement, this 23rd day of July, 19~5. UNITED STATES OF ~_~ICA Civil ~ng~neer Corps. U.S.N. for Chief of the B~reau of Y~rds and Docks, Navy Departro~ent. Git~ Elerk ~ ~ CITY OF SOUTH SAN FRANCISCO By Mayor