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HomeMy WebLinkAboutReso 1074-19463O 1074 R~SOLVED by 't~e City 0ounc-~ ! of the City of South San ~'ranci sco that said City of South San Francisco enter into an agreement with the United States of ,%merica, acting by and through Reconstruction Finance Corporation, under and pursuant to the power and authority contained in the provisions of the Surplus Property Act of 1944 ($8 Stat. 765), which agreement may be dated as of the 4th of Janv~ary, 1946, and shall be substantially as follows: THIS AGRE~!:hlYT, made this 4th day of January, 1946, by and between the United States of America, acting by and through Reconstruction i.~inance Corporation, under and pursuant to the power and authority contained in the provisions of the Surplus Property Act of 194~ (58 Stat. ?65); and SPA Regulation No. 1 (10 FR 14064), hereinafter termed "permitter" and the City of South San Francisco, a municipal corporation in the County of San ~[ateg, State of California, hereinafter termed "permittee ", ~VITNESSETH: Said permitter, in consideration of the benefits w~ich will accrue to ti~e Naval Advance Base Personnel Depot, at San Bruno, Ualifornia, and in further consideration of the faitt~ful performance by the permittee of all the covenants and agreements herein contained, hereby grants permission to tt:e permittee to construct, reconstruct, maintain and operate a twenty-seven (~) inch diameter reinforced concrete force main sewer, here- inafter termed "structure", for conveying sewage, said structure to be constructed beneath the property of permitter at a depth of not less than three (~) feet, except where any portion of said structure may cross the portion of the diversion canal ~ncluded within the land hereinafter described and also except at the easterly location of the terminus of said structure at the waters of t~e Bay of San Francisco~ in said City of South San Francisco, County of San ~¥1ateo, State of California, in the location shown upon a print to be atta¢~ed to such agreements and made a part thereof, and more particularly described af follows, to-wit: ?ARCEL (1) A strip of land 10 feet in width lyi ~_~ 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 tl:e United States of America Case No. 2~3V4-G dated December 20, 1943 and recorded January 21, 1944 in Volume ll04 Official Records at page 122, Records of San ~.~ateo County, California. The location of said point of beginning being at rigt~t angle to and VV feet nortt:easterly from Center ~ine Station 294 · 54.08 of the Bayshore Highway, designated as S. !v!. IV 68-B of the California State Highway System. Running thence from said point of beginning North 56© 44' East 519.45 feet; North ~6° 17' East 960.42 feet; North 59° 52' East 1092.40 feet; and North 14° 52' East 125 feet to a point. PARCEL (2) A strip of land l0 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 ~nerica Case No. ~2ZT~-G, dated December ~0, 194~ and recorded January ~l, 1944 in Volume ll04 Official Re- cords at page l~, Records of San ~ateo ~ounty, California, said point bei~ at right angle to and 7~ feet northeasterly from Center Line Station ~94 · 84.08 of the Bayshore High- way, designated as S. M. IV 88-B of the California StateaHighway System. Running thence from said point North $8© 44' East ~19.45 feet; North 7G~ l~' East 9~0.4~ feet; North ~9° 8~' East 109~.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. T~is 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 tae purpose of making necessary repairs to or changes in said structure, and said permittee agrees to at all times keep said premises in ~7ood and safe condition, to the satisfaction of permitter. If permittee fails to keep said premises in a good and safe condition, then permitter may perform the necessary work at t~e expense of permittee, which expense permittee agrees to pay the permitter upon de- mand. Permittee agrees that all ~ rk upon, or in connection with, such structure, shall be done and made under ~he supervision and to the satisfaction of permitter. 2. Permittee snail not asst~.n or transfer this of San ~,~ateo, State of California, hereinafter termed permittee , WITIiEo~E2H: Said permittor, in consideration of the benefits which will accrue to t±te Naval Advance Base Personnel Depot, at San Bruno, California, ~nd in further consideration of the faitlzful performance by the permittee of all the covenants and agreements herein contained, hereby grants permission to tire permittee to construct, ~econstruct, maintain and operate a twenty-seven (~7) inch diameter reinforced concrete force main sewer, here- inafter termed "structure", for conveying sewage, said structure to be constructed beneath the property of permittor at a depth of not less than three (~) feet, except where any portion of said structure may cross the portion of the diversion canal ~.ncluded within the land hereinafter ~escribed and also except at the easterly location of the terminus of said structure at the waters of t~e Bay of San Francisco, in said City of South San Francisco, County of San ~ateo, State of California, in the location shown upon a print to be atta¢~ed to such agreements and made a part thereof, and more particularly described af follows, to-wit: PARCEL (l) A strip of land 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. B~Z74-G dated December ~0, 1945 and recorded January El, 1944 in Volume ll04 Official Records at page l~, Records of San ~.~ateo County, California. The location of said point of beginning being at right angle to and 7V feet northeasterly from Center Eine Station ~9~ · ~4.08 of the Bayshore Highway, designated as S. M. IV 68-B of the California State Highway System. R~nning thence from said point of beginning North 56° 44' East 519.45 feet; North V6° 1V' East 960.42 feet; North 59° a2' East 1092.40 feet; and North 14° 52' East 125 feet to a point. PARCEL A strip of land l0 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 t~e United States of ,tuerica Case No. 223V4-G, dated December 20, 1943 and recorded January 21, 1944 in Volume ll04 Official Re- cords at page 122, Records of San D~ateo ~ounty, California, said point being at right angle to and 7V feet northeasterly from Center Line Station 294 . 54.08 of the Bayshore High- way, designated as S. M. IV 68-B of the California StateoHi~hway System. Running thence from said point North 56° 44' East 519.45 feet; North V6 l~' East 960.42 feet; North 59° 52' East 1092.40 feet; to a point, this point being the true point of beginning of Parcel (S). 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 smd 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 times keep said premises in ~l:ood and safe condition, to the satisfaction of permitter. If permittee fails to keep said premises in a good and safe condition~ then permitter may perform the necessary work at the expense of permittee, which expense permittee agrees to pay the permitter upon de- mand. Permittee agrees that all vork upon, or in connection with, such structure, shall be done and made under the supervision and to the satisfaction of permitter. 2. Permittee s~all not assign or transfer this agreen~nt, in whole or in part, or permit any other person to use the rights or privileges hereby given without the con- sent of permitter first had and obtained; provided, however, that the City of San Bruno, a municipal corporation, situate contiguous to said City of South San Francisco, without the written consent of permitter first had and obtained. 3. In the event that permittee snail discontinue the use of said structure or shall abandon the same, all rights hereby ~jiven shall forthwith cease and deteEnine. 4. Should permittee fail to keep, observe and perform any covenant or condition on permittee's part herein contained, all rights hereby given shall, at the option of per- mittor 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 property or right of way of permitter, or in proximity ther- to, caused by or contributed to in any way by the construction, operation, maintenance of any structure thereon by permitter; excepting any loss or dama:ue arising solely by per- mittor's negligence. Permittee does hereby release and agree to indemnify and save harm- ,less permittor from andagainst any and all liabilities for damages to property and for injuries or deaths suffered by permittee or the agents or representatives of permittee~ of any other person or persons wi~ile engaged in the construction, main- tenance, operation, replacement or removal of said struct~ra and appurtenances, caused by or contributed to in any way 'by the construction, operation or maintenance of structures on saf~d property by the per~ittor, except as to liability for injuries or damages arising solely by permittors negligence. 6. Permittee shall fully pay for all materials joined or affixed to said premises and Pay in full all persons who perform la~or upon said premises. 7. This instrtunent is not to be construed as granting to permittee any permanent right, title or interest in land of permittor. 8. No member of o~ 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 company, if the permit be for t~e general benefit ~f such corporation or company. 9. Said permittee, in performing any work under this permit, shall not discriminate against any emvloyee or applicant 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 subcontracts. For t~e purposes of this section, subcontracts shatl include all purchase orders and agreements to perform all or any part of tae work, or to make or furnis~ any article, required for t~e perfomance of any such contract, except purchase orders or agreements for the furnishing of standard co~ercial 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 commission, percentage, brokerage or content fee. Breach of this warranty shall give the permittor the right to ~anul this permit. 11. This agreement may be terminated at the will of the permittor. The ~ayor and the City Clerk are authorized, in ~e_~mlf of said City of South San Francisco and under its seal, to execute the agreement hereby authori~.ed. I hereby certify that the foregoing resolution was introduced and adopted by the City Council of the City of South San Francisco at a re,tar meeting of said City Council, held on the 18th day of ~.~ebruary, 1946, by the following vote: C ' V. Boido, ~. Minucciani Ayes, ouncmlmen, Noes, Councilmen, None Absent, Coumcilmen, None , G.W. Hot, ton, Charles K. Elder O.A.Anderson. SEAL Attest: Daniel ~.~cSweeney By Elizabeth 0ttenfield