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HomeMy WebLinkAboutReso 3345-1961 A HESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO APPROVING SUPPLEMENTAL AGREEMENT -- REPAYMENT AGREE~ENT -- I~OR CON~ STRUCTION LOAN WITH THE SMALL CRAFT HARBOR COMMISSION AND AUTHORIZING EXECUTION THEREOF, AND DESIGNATING REPRESENTATIVE AUTHORIZED TO EXECUTE THE AGREEMENT BE IT RESOLVED by the City Council of the City of South San Francisco that: 1. The Supplemental Agreement between the S~ate of California, acting by and through the Division of Small Craft Harbors, Department of Parks and Recreation, and the City of South San Francisco, a municipal corporation, the same being in substance and foEn as attached hereto and hereby referred to and made a part hereof, is approved and the execution thereof is hereby authorized. 2. Guido J. Rozzi, duly elected Mayor of the City of South S~an Francisco, is hereby designated as the representative of the City authorized to execute the said Agreement, and he is hereby authorized to execute it on behalf of the City of South San Francisco, and Arthur A. Rodondi, City Clerk, is instructed to attest his signature and affix thereto the corporate seal of the City of South San Francisco. 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 regula~ meeting held this ~th day of December , 19 61.1~, by the following vote: AYES, COUNCILMEN G. J. Rozzi, Patrick E. Ahem, Emilio Cortesi, Andrew Rocca, and Leo J. Ryan. NOES~ " None. ABSENT, " None. ATTEST: Arthur A. Rodondi City Clerk This Supplemental Agreement follows Resolution NO. 3345 SUPPLEMENTAL AGREEMENT THIS AGREEMENT, made and entered into this 20th day of November, 1961, by and between the State of California, acting by and through the Division of Small Craft Harbors, Department of Parks and Recreation, hereinafter called "State", and the City of South San Francisco, a municipal corporation, hereinafter, called "Applicant"; WITNES SETH For and in consideration of the premises, the parties hereto agree as follows: (1) This supplemental agreement is entered into concurrently with that cer- tain agreement of even date between the parties hereto and is a part of the consider- ation thereof, which said latter agreement shall be referred to hereinafter as the principal agreement. (2) The principal agreement is hereby amended in the following particulars: Prior to the award of any contract for construction of the project the Appli- cant shall forward to State the bids therefor and no award of any contracts will be made unless and until the consent of the State has been given thereto. (a) Paragraph 2 is deleted and the following substituted therefor: The parties recognize that the cost of constructing the facilities and im- provement set forth in paragraph 9 hereof will exceed the amount to be loaned by the State hereunder. Applicant from its own funds shall provide for the differences there- of. It is anticipated that the difference shall be $345,4h8.00, which sum shall be deposited forthwith by the Applicant in the account set forth in paragraph 3 hereof and physically said sum shall be deposited in a bank authorized to do a trust business, sub- ject to withdrawal by City for the construction as contemplated by paragraph 9, or other- wise only with the approval of the State. (b) The language in paragraph 5 reading as follows: "Said loan shall be paid in the following manner. Interest accruing upon said loan as of July 1, of each year through January !, 1964, shall be added to the principal of said loan and thereupon shall be considered a part thereof", is deleted and the following substituted therefor: "Interest accruing upon said loan as of July 1, of each year through July !, 1963, and as of January 1, 1964, shall be added to the principal of said loan and thereupon shall be considered as a part thereof". (c) After the number 1961 in paragraph 9, the following shall be inserted: "and such additional improvements as are shown on that certain drawing entitled, "Master Plan, South San Francisco Marina" drawn by John A. Blume & Associates, dated November 20, 1961, and in the South San Francisco Small Craft Harbor revised financial feasibility review, November 17, 1961, prepared by the Division of Small Craft Harbors. Prior to undertaking the construction of additional improvements hereinabove referred to, Appli- cant shall secure the approval of the State thereof and shall thereafter construct the same in accordance therewith. (d) Paragraph !0 is deleted and the following substituted therefor: "Applicant warrants and covenants that it is the owner of the fee title to the real property on which the facilities set forth in paragraph 9 hereof are to be erected or constructed; that the applicant has title to the necessary slope, spoil and channel easements and over property owned by the Applicant as a necessary right-of-way for a road, water power and sewer services; all as shown on that certain drawin~ referred to in paragraph 9. (e) The figure 8 in paragraph 12 is changed to read "9'!. (f) The fi_~ure 20 in the body of para_~raph 20 is changed to read "21". (_~) Paragraph 29 is deleted. (h) Paragraph 30 is deleted. (i) The figure 20 appearing in paragraph 31 is changed to read "22". (3) Save and except as herein modified, all the terms, Covenants and conditions of the principal agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this instrument upon the date first hereinabove appearing. CITY OF SOUTH SAN FRANCISCO STATE OF CALIFORNIA DIVISION OF SMALL CRAFT HARBORS By: By: GUIDO J. ROZZI ARTHUR A. RODONDI By: Approved: DEPARTMENT OF PARKS AND RECREATION By: