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HomeMy WebLinkAboutReso 1045-1945m SOLUT O #1045 RESOLVED by the City Council of the City of South ~an Francisco that said city enter into an agree- ment with the United States of America, wherein said United States of America, as permittor, may give to said city permission/-' to construct, reconstruct, maintain and operate a 27 inch diameter reinforced concrete force main sewer upon the propem~ described in the proposed form of agreement, a copy of which is annexed hereto and made a part hereof. The Mayor of saf. d City and the City Clerk az~ hereby authorized and directed, in the name of said city and under its seal, to execute an agreement with the United States of America in a form substantially the same as the form annexed hereto. I hereby certify that the foregoing resolution was regularly introduced and adopted at a rep~lar meeting of the City Council of the City of South San Franc iSco, held on the 22nd day of August, 1945, by the following vote: Ayes, Councilmen V. Boido, G. W. Hol~ton, Ch~urles K. E~der Noes, Councilmen None ~bsent, Councilmen ~. Minucciani, Ivan M. Hays Attest City Clerk. THIS AGRE.~NT, made this 23rd day of July, 19~5, by and between the United States of America, hereinafter termed "permittor", and the City of South San Francisco, a municipal corporation in the County of San Mateo, State of California, hereinafter termed "permittee", WITNESSETH: Said permittor,' inconsideration of the benefits which will accrue to the Naval Advance Base Person- nel Depot, of San Bruno, California, and in further consideration of the faithful performance by the permittee of all the covenants .~nd agreements herein contained, hereby grants permission to the permittee to construct, reconstruct, maintain and operate a twenty-seven (27) inch diameter reinforced concrete force main sewer, hereinafter termed "structure", for conveying sewage, said structure to be 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 within 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 Sa~ Francisco, County of San Mateo, State of California, in the location shown upon the print attached hereto and made a part hereof, and more partiCularly described as follows, to-wit: PA Om (1) A strip of laud 10 feet in width lying 5 .feet on each 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 District Court of the United States of America Case No. 22374-G dated December 20, 1943 and recorded January 21, 1944 in Vol~nne llO~ Official Records at page 122, Records of San Mateo County, California. The location of said point of beginning being at right angle to and 77 feet northeasterly from Center Line Station 294- 54.08 of the Bayshore Hi??~ray, designated as S.M. IV 68-B of the California State Highway System. Running thence from said point of beginning North 56° 44' East 519.45 feet; North 76° 17' East 960.42 feet; North 59° 52' East 1092.40 feet; and North 14° 52' East 125.00 feet to a point. PA C L (2) A strip of land 10 fe~.t in width lying 5 feet on each 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 District Court of the United States of %merica Case No. 22374-G, dated December 20, 1943 and recorded January 21, 19~ in Volume 1104 Official Records at page 122, Records of San Mateo County, California, said point bef~ng at r~ght angle to and 77 feet northeasterly from Center Line Station 294 --- 54.08 of the Bayshore Highway, designated as S. }~. IV 68-B of the California State Higk~vay System. Rnnning thence from said point North 56° ~' East 519.~5 feet; North 76° 17' East 960.~2 feet; North 59° 52' East 1092.40 feet; to a point, this point being the true point of beginning of Parcel (2) . Running thence from said true point of beginning South 30° 08' East 150.00 feet to a point. This agreement is made upon the follow~_ng terms and conditions: 1. Permittee and the agents and e~q~lo.7'ees of permittee ~hall h~ve the privilage of entering upon said premises fo~ the purpose of making necessary'repairs to or ch~m-~ges in said strusture, and said permittee agrees to at all times keep said premises in a good and safe condition, to the satisfaction of permittor. If permittee fails to keep said premises in a good and safe condition, then permittor may perform the nec- essary work at the expense of permittee, w~.ch 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 and to the satisfaction of pe~ittor. 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 perm~ttor first had and obtained; provided, however, that the City of San Bruno, a municipal corporation, situate conti~ous to said City of South San Francisco, may jointly use said structure with said City of South S~a Francisco, without the written consent of permittor first had and obtained. 3. In the event that permit~ee shall discontinue the use of said structure or shall abandon the same, all rights hereby given shall forthwith cease and determine. 4. Should permittee-fail to keep, observe and perform any comenant or condition on permittee's part herein contained, all rights hereby given shall, at the option of permittor, forthwith cease and determine. 5. Permittee shall assume all risk of damage of said structure and appurtenances and to any other proporty of said permittee, or any property under the control or eu$%ody of permittee, while upon the property or right of may of permittor, or in proximity thereto, caused by or contributed to i'n anyway by the construction, operation, maintenence of any structure thereon by permittor; excepting any loss or damage arising solely by permittor's negligence. Permittee does hereby release and agree to indemnify and save harmless permittor from and against any and all liabilities for damages to property and for injuries or deaths suffered by per- mittee or the agents or representatives of permittee, or any other person or persons while engaged in the construction, maintenan'~'e, operation, replacement or r~-moval of said structure and appurtenances, caused by or contrf, buted to in any way by the ~nst~ction, operation or maintenance of structures on said property by the permittor, except as to liability for injuries or damages arising solely by permittor's negligance. 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 prem.~ sos. of San Mateo, State of California, hereinafter termed "permittee", WITNESSETH: Said permittor, inconsideration of the benefits which will accrue to the Naval Advance Base Person- nel Depot, of San Bruno, California, and in further consideration of the faithful performance by the permittee of all the covenants -mud agreements herein contained, hereby grants permission to the permittee to construct, r~construct, maintain and operate a twenty-seven (27) inch diameter reinforced concrete force main sewer, hereinafter termed "structure", for conveying sewage, said structure to be 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 within the land hereinafter described and also except at the wasterly location of the terminus of said structure at the waters of the Bay of San Francisco, in said City of South Sa~ Francisco, County of San Mateo, State of California, in the location shown upon the print attached hereto and made a part hereo~, and more particularly described as follows, to-wit: (1) A strip of l~d 10 feet in width lying 5~eet on each 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 Oondemnation District Court of the United States of America Case No. 22374-G dated December 20, 1943 and recorded January 21, 1944 in Volume 1104 Official Records at page 122, Records of San Mateo County, California. The location of said point of beginning being at right angle to and 77 feet northeasterly from Center Line Station 294- 54.08 of the Bayshore Hi~jhway, designated as S.M. IV 68-B of the California State Highway System. Running thence from said point of beginning North 56° 44' East 519.45 feet; North 76° 17' East 960.42 feet; North 59° 52' East 1092.40 feet; and North 14° 52' East 125.00 feet to a point. strip of land 10 fe~¢t in width lying 5 feet on each 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 District Court of the United States of ~mertca Case No. 22374-G, dated December 20, 1943 and recorded January 21, 19~4 in Volume ll04 Official Records at page 122, Records of San Mateo County, California, sa~d point being at r~ght 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 the California State Highway System. Rnnning thence from said point North 56° 44' East 519.45 feet; North 76° 17' East '960.42 feet; North 59° 52' East 1092.40 feet; to a point, this point being the true point of beginning of Parcel (2) . Running thence from said true 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 e~ployees of permittee ~hall h~ve the privilage of entering upon said premises fo~ the purpose of making necessary'repairs to or chm~_ges in said strust~re, and said permittee agrees to at all times keep said premises in a good and safe condition, to the satisfaction of permittor. If permittee fails to keep said premises in a good and safe condition, then permittor may perform the nec- essary work at the expense of permittee, which expense permittee ~grees to pay the permittor, upon demand. Permittee agrees that all work upon, or in connection with, such structure, shall b~ done and made under the supervision and to the satisfaction of per~dttor. 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 permdttor first had and obtained; provided, however, that the City of San Bruno, a municipal corporation, situate contio~ous to said City of South San Francisco, may jointly use said structure with said City of South S~h Francisco, without the written consent of permittor first had and obtained. 3. In the event that permit~ee shall discontinue the use of said structure or shall abandon the same, all rights hereby given shall forthwith cease and determine. 4. Should permittee fail to keep, observe and perform any comenant or condition on permittee's part herein contained, all rights hereby given shall, at the option of permittor, forthwith cease and determine. 5. Permittee shall assume all risk of damage of said structure and appurtenances and to any other proporty of said permittee, or any property under the control or eu~%ody of permittee, while upon the property or right of ~ay of permittor, or in proximity thereto, caused by or contributed to i'n anyway by the construction, operation, maintenence of any structure thereon by permittor; excepting any loss or damage arising solely by permittor's negligence. Permittee does hereby release and agree to indemnify and save harmless permittor from and against any and all liabilities for damages to property and for injuries or deaths s,mffered by per- mittee or the agents or representatives of permittee, or any other p erscn or persons while engaged in the construction, maintenance, operation, replacement or removal of said structure and appurtenances, caused by or contributed to in any way by the const~ction, operation or maintenance of structures on said property by the permittor, except as to liability for injuries or damages arising solely by permittor's negligance. 6. Permittee shall fully pay for. all materials joined or affixed to said premises and pay in full all persons who perform labor u?on said prem_!ses. - 7.This instrum~ent is not to be construed as granting to permittee any permanent right, title or interest in land of~R~mittor. 8. No member of or delegate to Congreee o~ 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 censtrued to extend, to any incorporated company, if the permit be for the general benefit of such corp- oration or company. 9. Said permittee, in performing any work under this permit, shall not discriminate against any employee cr applicant for employment because of race, creed, color or national origin. Said pez~,~ttee shall include an identiaal -LA~ provision in any oontract for said work and in all its subcontracts. For the purposes of'~tkis section, subcontracts shall ind~lude all purchase orders and agreements to perform all or any part of the work, or to make or furnish any article, required for the performance of any such contract, except purchase orders or agreements for the furnishing of standard commercial articles or raw materials. 10. The permittee warrants that it has not employed any person to solicit or secure this permit upon any agreement for a con~nission, percentage, brokerage or contingent fee. Breach of this wa?ranty shall give the permittor the right to anoN1 this permit. 11. This agreement may be terminated at the will of the Secretary of the Navy of the United States. IN VgITNPi$S WHEREOF the parties hereto have executed this agreement, this 22nd day of August, 1945. UNITED STATES OF AEERICA BY Civil Engineer Corps, U.S.N. for Chief of the Bureau of Yards and Docks, Navy Department. CITY OF SOUTH SAN FRANCISCO Attest: City Clerk. By Mayor.