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HomeMy WebLinkAboutReso 3319-1961RESOLUTION NO. 3319 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DECLARING AND ESTABLISHING A RIGHT-OF-WAY FOR STREET AND HIGHWAY PURPOSES AND ORDERING IMPROVE- MENT THEREOF - ACCESS ROAD TO PROJECT AREA, SOUTH SAN FRANCISCO MARINA BE IT RESOLVED by the City Council of the City of South San Francisco that 1. a ri~ht-of-way for street and highway purposes is hereby declared and established over the property described as follows: A 50.00 foot easement for a road to the South San Francisco Marina; the center llne of which is described as follows: From the most westerly point of Parcel "A" as described in that Deed dated January 27th, 1948, conveyin~ title from the South San Francisco Land and Improvement Com- pany to the City of South San Francisco and recorded February 19th 1948, in Volume 1462, Official Records of San Mateo County at Pa~e 2: thence North 55° 58' 26" East 197.35 feet; thence North 40° 58' 30" East ~68.65 feet; thence North 34° 50' East 93.02 feet; thence North 46° 04' East 109.84 feet, to the POINT OF BEGINNING: FROM SAID POINT OF BEGINNING thence on the arc of a curve to the right with a radius of 180.00 feet (a radial line to the point of beginnin~ of said curve bears North 43° 56' West) through a central an~le of 86° 41' and an arc distance of 272.32 feet; thence South 47° 15' East 377.00 feet; thence alone the arc of a curve to the left with a radius of 3~1.2 feet(a radial line to the point of be~innin~ of said curve bears South ~2° 45' West) through a central an~le of 13° 30' more or less and an arc distance of 80' feet more or less to the Division of Small Craft Harbors Project Boundary. Excluded from this easement are lands already Eranted as a roadway easement in that above mentioned deed. 2. said ri~ht-of-way be improved in accordance with standard city speci- fications for streets. 3. a plat entitled, "Roadway Easement", dated the 3rd day of November, 1961, prepared by John A. Blume", be attached hereto as Exhibit "A". I hereby certify that the fore~oin~ resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meetin~ held on the 6th day of November, 1961, by the followin~ vote: Ayes, Councilmen Noes, ~ 11 Aosent, G. J. Rozzi, Patrick E. Ahem, Emilio Cortesi, Andrew Rocca, and Leo J. Ryan. None. None. ATTEST: ARTHUR A. RODONDI City Clerk AGREEMENT THIS AGREEMENT, made and entered into this day of 19 by and between the State of California, acting by and through the Division of Small Cra-~'Harbors, Department of Parks and Recreation, hereinafter called "STATE", and the City of South San F~ancisco, a municipal corporation, hereinafter called "APPLICANT"; WITNESSETH WHEREAS, APPLICANT has filed with the STATE its application for a construction loan in the amount of Five Hundred and Seventy-Five Thousand Dollars ($575,000) for a ?~proJect pursuant to Section 5801 et seq. of the Public Resources Code; and WHEREAS, STATE has determined that said project is feasible, and WHEREAS, by Senate Concurrent Resolution No. 3, adopted on March 15, 1960, the Legislature of the State of California has approved said loan; and WHEREAS, APPLICANT represents that there has not been received by it a written Protest to such loan signed by owners of one-half or more of the assessed valuation of taxable property within the exterior limits of APPLICANT; NOW, THEREFORE, it is mutually agreed by and between the parties as follows: 1. In consideration of the faithful performance by APPLICANT of all the teens, covenants and conditions hereof, the STATE will loan APPLICANT the sum of Five Hundred and Seventy-Five Thousand Dollars ($575,000) on an installment basis. The first installment, in the amount of One Hundred Thousand Dollars ($100,000), will be paid upon approval thereof by the Division of Small Craft Harbors and when the STATE is satisfied with regard to the matters set forth iu Paragraph 2 hereof. Subsequent installments will be paid pursuant to request by the APPLICANT, provided that such request is received not less than thirty (30) days prior to the date of need therefor and provided further, that the payment of any such installment shall be subject to the approval of STATE. Installment payments shall not be made more often than once every thirty (30) days and no such installment payment shall be made after the date of completion of the project, as herein set forth or January 1, 1964, whichever is earlier. 2. Prior to the award of the contract for construction of the project the APPLICANT shall forward to STATE the bids therefor and no award of the contract shall be made unless and until the consent of the STATE has been given thereto. In the event the successful bid exceeds Five Hundred and Seventy-Five Thousand Dollars ($575,000) and the amount of the successful bid; that such funds are encumbered for the purposes of this agreement and may not be expended for any other purpose. 3- APPLICANT shall deposit the proceeds of said loan in a separate fund or account in APPLICANT's treasury, which fund or account shall reflect only the receipt of said loan and expenditures pursuant to this agreement. APPLICANT at all times shall maintain accurate and complete records with regard to said fund or account. ~. The unpaid balance of said loan, including principal and any accrued delinquent interest, shall bear interest at 3.7 per cent per annum. 5- Said loan shall be paid in the following manner: Interest accruing upon said loan as of July 1, of each year through January 1, 1964, shall be added to the principal of said loan and thereupon shall be considered a part thereof. From January 1, 196~, through July 1, 1966, accrued interest shall be due and payable annually commencing on July 1, 1964, and upon July 1, of each year thereafter through July 1, 1966. The unpaid amount of said loan shall be payable in fifteen (15) equal annual installments, including interest, and the first such installment shall be due on July 1, 1967, and subsequent installments upon July 1st of each year thereafter until said loan shall have been paid in full. Notwithstanding the foregoing, any unpaid balance of principal or interest shall be paid upon the twentieth (20th) anniversary date of the issuance of the initial warrant. 6. The obligations of payment of principal and interest to the STATE hereunder shall be payable solely from the gross revenues received by APPLICANT from the operation of any facilities located or erected within the project area, as said area is delineated on Sheet No. 1, Site Plan, South San Francisco Marina, dated July 30, 1961 prepared by John A. Blume and Associates, Engineers, and on file with the Division of Small Craft Harbors, and from any concessions granted by APPLICANT in connection with said project area. 7. In the event there is any default in the payment of either principal or interest of said loan or any breach by APPLICANT of any of the other terms, covenants, or conditions hereof, the whole of said loan thereupon and with or without notice, at the option of STATE, shall become due and payable. 8. APPLICANT, at its option, may at any time make advance payment of all, or any portion, of the principal of the loan then remaining unpaid provided that the payment shall be credited against the principal upon the July 1, next following the payment. 9. On or before January 1, 1964, APPLICANT shall construct the facilities set forth in those certain plans and specifications approved by the STATE on the day of entitled Construction shall be under the supervision and control of a Civil Engineer registered in the State of California as such, clothed with the authority by the APPLICANT to act as its agent iu connection with problems arising from the construction of the project. APPLICANT shall not 318 b AGREEMENT (Continued): appoint any inspectors for the project until the qualifications thereof have been approved by the STATE. A copy of each invitation f6r bids, construction contract, engineering coutract~ inspection report, progress report or other control document prepared during construction shall be forthwith submitted to the STATE. 10. APPLICANT warrants and covenants that it is the owner of the fee title to the real property upon which the facilities set forth in paragraph 8 hereof are to be erected or constructed; that title thereto has been examined by, and been found acceptable to, its legal counsel. Said counsel is unaware of any title defect or encumbrance which would preclude or interfere with the operation of the project as herein contemplated. ll. In the event that the money as provided by STATE pursuant to Paragraph 1 hereof is insufficient to cover the cost of construction as provided above, APPLICANT shall itself provide such additional funds as may be required therefor. 12. Any money loaned pursuant to this agreement shall remain the property of STATE until expended by APPLICANT in accordance with paragraph 8 hereof. 13. APPLICANT shall comply with all rules and regulations which have been adopted by the Small Craft Harbors Commission to the date hereof; provided, however, APPLICANT shall not be deemed in default thereof until it shall have received written notice of a failure of compliance and shall have failed within ninety (90) days thereafter to remedy the matter. 14. APPLICANT shall not sell, transfer, exchange, mortgage, or hypothecate in any manner all or any portion of the real property, or improvements now existent or hereafter constructed by APPLICANT thereupon and utilized in connection with the said harbor without prior permission of STATE being first had and obtained. 15. All of the facilities of said small craft harbor shall be open and available for use by all upon equal and reasonable terms. 16. APPLICANT agrees to protect and save harmless the STATE, its officers, agents, and employees from any and all claims, demands, suits, actions and liabilities which may arise out of, or in connection with, the operation of the said project by APPLICANT. 17. The gross revenues received by APPLICANT from the operation of said project shall constitute security for the obligation of pa~neut hereunder. Prior to making any other expenditures from such gross revenues, APPLICANT first shall pay the installments of principal and interest then due under this agreement. 18. APPLICANT shall: the STATE. (a) Punctually pay all installments of principal and interest on money owed (b) Continuously operate in an efficient and economical manner all small craft harbor facilities acquired, constructed, improved or completed in full or in part as a result of this loan. (c) Make all repairs, renewals and replacements necessary to the efficient operation of said facilities and keep them in good repair at all times. (d) At all times during the term of this agreement, maintain in full force and effect, with respect to this agreement, a policy oP policies of Public Liability and '~ Property Damage insurance with minimum limits of $100,000/$300,000 Public Liability, and $100,000/$500,000 Property Damage, insuring STATE and the City of South San Francisco, and their boards, commissions, officers, agents and employees, as additional insured; and a CalifOrnia standard form of fire insurance policy or Rolicies containing extended coverage endorsement in an amount equal to ninety per cent (90%) of the full insurable value of all insurable components of the project. Loss under said fire insurance policy or policies shall be payable to the State of California for deposit in an appropriate ST~TE trust fund, to be applied to the obligations due hereunder, or if STATE deems desirable, to be paid to APPLICANT, upon application, for the reconstruction of the destroyed facilities. Said policies shall contain endorsements providing that the insurance company will not cancel such policies without thirty (30) days' prior written notice to the STATE and that the STATE is not liable for the payment of any premiums or assessments on said policies. Said policies shall be in a form satisfactory to STATE and APPLICANT shall, upon receipt, forthwith submit to STATE certificates or counterparts thereof. Certificates or counterparts of any new or renewal policies effective during the term of this agreement shall be submitted to STATE at least twenty (20) days prior to their effective date or dates. (e) Periodically fix, prescribe and collect fees, rentals or other charges for services and use of said facilities sufficient to produce gross revenues adequate for the following in the order set forth: (1) The payment of all installments of principal and interest on money owed the STATE as they come due. (2) of the said facilities. The payment of all expenses of operation, maintenance and repair (3) An amount which is equal to the sum taken into account for depreciation. (f) Take into account depreciation on those components of said facilities subject to depreciation in accordance with the schedule set forth in South San Francisco Small Craft Harbor, Feasibility Report Review and Addendums, dated October l, 1960, on file with the Division of Small Craft Harbors. APPLICANT shall at all times maintain liquid assets in value at least equal to the ao~regate balance of the depreciation so taken. 318c AGREEMENT (Continued): 19. The receipts from the operation of the facilities shall be expended only for the following purposes: (a) Payment of the obligations hereof. (b) Payment of all expenses of operation~ maintenance, and repair of said facilities, and the replacement of depreciated components. (c) Investment and reinvestment in reasonably liquid assets. It is expressly understood, however, that the STA?E reserves the right to authorize expenditures other than or in addition to those set out hereinabove, upon receiving a request therefore by APPLICANT. 20. The project shall be operated by APPLICANT through its own employees, subject to the provisions of paragraph 20 hereof. 21. APPLICANT may make concession agreements; provided, however, that the same are made pursuant to the provisions of Section 5829.2 of the Public Resources Code. 22. If APPLICANT fails to make any payment as p~ovided by this agreement, or if the APPLICANT fails to efficiently operate the project, and the Chief, Division of Small Crsft Harbors, Department of Natural Resources, deteNnines that the operation or maintenance of said facilities is such as to preclude a reasonable income being received from its operation, the Chief shall report his findings to the Small Craft Harbors Cormnissiou and the Commission, at its option, may direct the Chief to take possession of said facilities and operate the same for the account of APPLICANT, until such time as the monies loaned together ~th interest thereon are repaid in full. The net revenues received from such operation shall be applied to the reduction of the obligations of APPLICANT hereunder by applying same first to any accrued interest, then to principal. Any deficiency shall be added to and become part of the principal of said obligation and shall bear interest at 3.7 per cent per annum. APPLICANT does hereby consent to said Chief taking possession of said facilities pursuant to the provisions of this paragraph and for such purpose grant to STATE the right of ingress and egress over any and all property, owned or controlled by APPLICANT, that is reasonably necessary for such purpose. This paragraph shall not be construed as relieving APPLICANT from its obligations of payment as set forth herein, save and except to the extent such obligations may be reduced pursuant to this paragraph. 23. All books, papers, records and accounts of APPLICANT referable to said loan or the operation of said project shall be available for the inspection of STATE, at any and all reasonable times. 24. STATE shall have the right to inspect the facilities during the course, and after completion of the construction thereof at any and all reasonable times. 25. In the event that it is necessary for STATE to file suit for the enforcement of any of the provisions hereof or to effect the collection of any sum or sums falling due hereunder, APPLICANT agrees to pay STATE reasonable attorney's fees, which fees may be included by STATE in any cost bill filed by it iu such actlou. 26. Payments made by APPLICANT hereunder shall be made payable to the order of the Department of Parks & Recreation and shall be payable at the office of the Division of Administrative Services of said Department, Sacramento 14, California. 27. In the event that any money loaned hereunder remains after paying the costs of construction as herein provided, APPLICANT shall immediately remit such balance to STATE to be applied to the reduction of the principal of the loan. 28. In the event either party desires, or is required to send notice to the other, such notice shall be deemed to have been given when mailed to the address set out below with the postage fully prepaid thereupon. TO STATE: Division of Small Craft Harbors Department of Parks & Recreation Sacramento 14, California TO APPLICANT: City of South San Francisco South gan Francisco California 29. The City shall bring project area to approved grade within the time required to coordinate the completion of said grade with the schedule for the improvement of the project area and City may use sanitar~y land fill now being deposited in said area for this purpose. 30. The Several documents, number one through twenty, same being resolutions, applications, various certificates and exhibits, filed pursuant to the Small Craft Harbor Commission's regulations, are hereby referred to and by this reference made a part of this agreement. 31. In the event APPLICANT has failed to make any complete payment due hereunder and STATE fails to exercise its option to take possession of said facilities pursuant to paragraph 20 hereof, then and that event any payments made by APPLICANT thereafter shall be applied first to any accrued unpaid interest and the remainder, if any, to reduce the principal. 318d AGREEMENT (Continued): 32. This agreement may be modified or amended by mutual consent, provided that it be reduced to a writing executed by the parties hereto. IN WITNESS WHEREOF, the parties have executed this instrtnnent upon the date first hereinabOve appearing. CITY OF SOUTH SAN FRANCISCO STATE OF CALIFORNIA DIVISION OF SMALL CRAFT ~MARBORS By By By Approve d: DEPARTMENT OF PARKS AND RECREATION By This certificate follows Resolution No. 3325 CERTIFICATE OF CITY ATTORNEY I, JOHN NOONAN, City Attorney for the City of South San Francisco, applicant for the construction loan, herein certify that I have examined~the Litigation Report No. 316996, attached to Document No. 4, and the channel easement, slope easements and spoil area easements, Exhibit 3a, 3b, 3c, 3d, 3e to Document No. 4 and further certify that same are acceptable to me and I am unaware of any title defects or encumbrances which would preclude or interfere with the operation of the project as contemplated. Dated: November 13, 1961 JOHN NOONAN