HomeMy WebLinkAboutOB Reso 06-2015 RESOLUTION NO. 06-2015
OVERSIGHT BOARD FOR THE SUCCESSOR AGENCY TO THE CITY OF SOUTH SAN
FRANCISCO REDEVELOPMENT AGENCY
A RESOLUTION APPROVING A LICENSE IN FAVOR OF THE
CITY OF SAN FRANCISCO ACTING BY AND THROUGH ITS
PUBLIC UTILITIES COMMISSION TO ENTER AND USE
PORTIONS OF PROPERTY FOR ACCESS PURPOSES RELATED
TO THE SFPUC REGIONAL GROUNDWATER STORAGE AND
RECOVERY PROJECT AND ADOPT CEQA FINDINGS IN
CONNECTION THEREWITH.
WHEREAS,on June 29,2011 the legislature of the State of California(the"State")adopted
Assembly Bill xl 26 ("AB 26"), which amended provisions of the Redevelopment Law; and
WHEREAS, pursuant to AB 26 and the California Supreme Court decision in California
Redevelopment Association,et al.v.Ana Matosantos,et al.,which upheld AB 26(together with AB
1484,the"Dissolution Law"),the Redevelopment Agency was dissolved on February 1,2012; and
WHEREAS, the Successor Agency to the City of South San Francisco Redevelopment
Agency("Agency")owns a parcel located in the City of South San Francisco,California,identified
and described as all that real property situated in the City of South San Francisco, County of San
Mateo,State of California,being a portion of Take Parcel 2 as said parcel is described in that certain
Quitclaim Deed recorded on January 31, 2008 ("Property") and further depicted in exhibits to the
"License to Enter and Use Property for Access Road Purposes" ("License Agreement") attached
hereto and incorporated herein as Attachment B; and
WHEREAS,the Property was transferred from the City of South San Francisco("City")to
the Agency pursuant to Grant Deeds; and
WHEREAS, the City and County of San Francisco ("CCSF") through its Public Utilities
Commission ("SFPUC") is engaged in a Regional Groundwater Storage and Recovery Project
("Project"), which includes upgrading its water infrastructure system, including proposed
infrastructure improvements under the Property; and
WHEREAS, CCSF has requested a temporary construction easement ("Temporary
Construction Easement")of approximately 7,128 square feet,and has commissioned an appraisal of
the proposed easement, which is valued at$31,948: and
WHEREAS,CCSF has requested a permanent access road easement("Access Easement")
of approximately 2, 383 square feet and has commissioned an appraisal of the proposed easement,
which is valued at$7,149; and
WHEREAS, CCSF has requested a permanent sanitary sewer line easement ("Sewer
Easement")of approximately 1,901 square feet and has commissioned an appraisal of the proposed
easement, which is valued at$22,812; and
WHEREAS, the City's appraiser has confirmed the valuation is appropriate to these
interests; and
WHEREAS, applicable California law may require the Agency to first obtain
approval of its Long Range Property Management Plan from the California Department of Finance
("DOF") before conveying any of the requested easements, which such approval has yet to be
granted. Accordingly,pending DOF approval and subsequent easement conveyances,and to avoid
delay in Project construction,Agency and CCSF desire to enter into a license("License")to allow
CCSF and the SFPUC to engage in licensed uses in connection with Project activities; and
WHEREAS, CCSF and Agency have negotiated a proposed License to Enter and Use
Property for Access Road Purposes ("License Agreement") that would permit CCSF to improve,
inspect,maintain,repair, operate and use a portion of the Property as a roadway for personnel and
vehicles for a term of nine(9)months,in return for a license payment of$7,149 to the Agency based
on the appraised value of the Access Easement. Upon DOF approval of the Long Range Property
Management Plan and the subsequent conveyance of the Access Easement,the License Fee will be
applied to the cost of the Access Easement.
NOW,THEREFORE,BE IT RESOLVED that the Oversight Board for the Successor Agency to
the City of South San Francisco Redevelopment Agency hereby resolve as follows:
1. The Recitals set forth above are true and correct and made a part of this Resolution.
2. The findings attached hereto as Attachment A and incorporated herein pursuant to the
California Environmental Quality Act("CEQA"),Public Resources Code section 21000 et
seq., and the Guidelines implementing CEQA ("CEQA Guidelines") Code of Regulations,
title 14, section 15000 et seq are hereby adopted; and
3. The License Agreement, substantially in the form attached hereto as Attachment A,is hereby
approved and the Executive Director of the Agency or his designee is hereby authorized to
execute the License Agreement on behalf of the Successor Agency;to make revisions to the
License Agreement,with review and approval by Successor Agency Counsel,which do not
materially or substantially increase the Agency's obligations thereunder; to sign all
documents; to make all approvals and take all actions necessary or appropriate to carry out
and implement the intent of this Resolution.
4. The proposed License between CCSF and the Agency to Enter and Use Property for Access
Road Purposes is hereby approved.
* * * * *
I hereby certify that the foregoing Resolution was regularly introduced and adopted by the
Oversight Board for the Successor Agency of the City of South San Francisco Redevelopment
Agency at a regular meeting held on the 15th day of September, 2015 by the following vote:
AYES: Boardmembers Addiego, Farrales, Gross,
Alternate Vice Chair Krause and Chairperson Cullen
NOES: None.
ABSTAIN: None.
ABSENT: Boardmembers Christensen and Scannell
TTES :
'sta T, Clerk
• -rsi Board for the Successor
Agency to the South San Francisco
Redevelopment Agency
ATTACHMENT A
OVERSIGHT BOARD FOR THE SUCCESSOR AGENCY TO THE CITY OF SOUTH SAN
FRANCISCO REDEVELOPMENT AGENCY
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS
related to the
SAN FRANCISCO PUBLIC UTILITIES COMMISSION
REGIONAL GROUNDWATER STORAGE AND RECOVERY PROJECT
The Oversight Board for the Successor Agency to the City of South San Francisco Redevelopment
Agency ("Oversight Board") acting as a responsible agency under the California Environmental
Quality Act (Cal. Pub. Res. Code Section 21000 et seq., hereinafter"CEQA") and in accordance
with CEQA and the State CEQA Guidelines (Cal. Admin. Code Title 14, Section 15000 et seq.,
(hereinafter "CEQA Guidelines") hereby adopts the following findings of fact and law in
conjunction with its approval of the License to Enter and Use Property for Access Road Purposes
dated as of ,2015 (the"License Agreement")between the Successor Agency to
the City of South San Francisco Redevelopment Agency and CCSF.
A. The City and County of San Francisco,a municipal corporation("CCSF")acting
by and through its Public Utilities Commission ("SFPUC"), owns and operates a regional water
system that serves San Francisco and twenty-seven(27)wholesale water customers located in San
Mateo, Santa Clara, and Alameda counties in the Bay Area. As part of City's Water System
Improvement Program ("WSIP"), City is engaged in the Regional Groundwater Storage and
Recovery Project (the "Project"), which includes, among other improvements, the installation of
recovery wells,well stations,pumps,and piping to permit groundwater extraction and transmission
to help protect against drought.
B. CCSF, acting as lead agency under CEQA, certified a Final Environmental
Impact Report (hereinafter"FEIR") for the Project on August 7, 2014.
C. The FEIR tiers from the WSIP Environmental Impact Report ("PEIR") and
incorporates by reference the relevant analysis of the PEIR with respect to the WSIP's impacts and
mitigation measures as applicable to this Project. The PEIR was certified by the CCSF on October
30, 2008 and the SFPUC approved the WSIP on the same day.
D. The FEIR has been made available for review by the Oversight Board and the
public. Oversight Board, as a responsible agency under CEQA, has considered the FEIR for the
Project,including the environmental effects of the Project set forth therein. The FEIR and the PEIR
are available for public review at the San Francisco Planning Department offices at 1650 Mission
Street,which is the custodian of records. Copies of the FEIR are also available for review at public
libraries in San Francisco and San Mateo Counties.
E. The Project described in the FEIR,will result in significant environmental effects
that could not be mitigated to a less than significant level with implementation of mitigation
measures.Because the Project is part of the Water System Improvement Program(WSIP),it would
also contribute to significant and unavoidable effects on the environment identified for the WSIP.
F. On August 7, 2014, the San Francisco Planning Commission, acting as lead
agency on behalf of CCSF, certified the FEIR. On August 12, 2014, by its adoption of SFPUC
Resolution No. 14-0127,the SFPUC approved the Project,and,in so doing, adopted findings under
CEQA, including a statement of overriding considerations for the Project's significant and
unavoidable impacts, rejected project alternatives, and adopted a mitigation monitoring and
reporting.
G. Oversight Board hereby incorporates by reference as though fully set forth herein
SFPUC Resolution No. 14-0127, including the CEQA findings and mitigation monitoring and
reporting program. Without limitation, Oversight Board specifically adopts and incorporates by
reference as though fully set forth herein all findings made pursuant to CEQA set forth in SFPUC
Resolution No. 14-0127 and its attachments,including findings under CEQA Guidelines Sections
15091 and 15093. SFPUC Resolution No. 14-0127, including the CEQA findings, statement of
overriding considerations,and mitigation monitoring and reporting program,is a part of the record
of this approval and may be found in the City of South San Francisco's Engineering Division and
City of South San Francisco's Clerk's Office
H. Oversight Board finds that this approval is within the scope of the Project and
activities evaluated in the FEIR.
I. Oversight Board further finds that since the FEIR was finalized,there have been
no substantial Project changes and no substantial changes in Project circumstances that would
require major revisions to the FEIR due to the involvement of new significant environmental effects
or an increase in the severity of previously identified significant impacts, and there is no new
information of substantial importance that would change the conclusions set forth in the FEIR.
J. Oversight Board has not identified any feasible alternative or additional feasible
mitigation measures within its powers that would substantially lessen or avoid any significant effect
the Project would have on the environment.
The SFPUC has already adopted the mitigation measures recommended in the FEIR,has
authority to implement the mitigation measures or to seek any required approvals for the
mitigation measures, and Oversight Board has no direct authority to implement the mitigation
measures.
ATTACHMENT B
License to Enter and Use Property for Access Road Purposes
LICENSE TO ENTER AND USE PROPERTY
FOR ACCESS ROAD PURPOSES
This LICENSE TO ENTER (this "License"), dated as of , 2015, is
made by and between the CITY AND COUNTY OF SAN FRANCISCO, a municipal
corporation ("City"), acting by and through its Public Utilities Commission ("SFPUC"), and
THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF
SOUTH SAN FRANCISCO, a public agency("Licensor").
RECITALS
A. In connection with SFPUC's Regional Groundwater Storage and Recovery
Project (the "Project"), City seeks to acquire from Licensor certain easement interests over, in,
under, and upon real property owned by Licensor and located at 1600 El Camino Real, South
San Francisco, California(the "Licensor Property").
B. The easement interests that City seeks to acquire include a permanent
nonexclusive easement for access purposes over, across, along, and upon the portion of the
Licensor Property described in the attached Exhibit A and depicted on the attached Exhibit B
(the "License Area") for the following purposes (collectively, the "Licensed Uses"): (1) the
improvement, inspection, maintenance, repair, operation, and use of a roadway for personnel and
vehicles, approximately fifteen (15) feet in width (the "Road") (the Road to be used for access is
depicted on the attached Exhibit B-1); (2) the modification, removal, or replacement of the
Road, provided that City obtains Licensor's approval of the proposed modification, removal,
and/or replacement, which approval shall not be unreasonably withheld, conditioned, or delayed
and provided further that, in the event of an emergency City may, but shall not be obligated to,
make such modifications as are reasonably necessary under the circumstances to preserve or
restore the safe use of the Road without Grantor's prior approval, provided that City gives
Licensor such notice of the modifications as is reasonable under the circumstances, which may
be retroactively; (3) road grading, clearing of culverts, and vegetation management and such
other things as are necessary for the full enjoyment and accomplishment of the rights delineated
in clauses (1) and (2) above.
C. Although Licensor has indicated that it is willing to convey to City the easement
interests sought by City with respect to the License Area, applicable California law may require
that, in order to convey former redevelopment agency property, a successor agency to the
redevelopment agency must obtain approval of its Long Range Property Management Plan from
the Department of Finance of the State of California (the "DOF Approval"), which such
approval has yet to be granted.
D. Accordingly, pending the DOF Approval sought by Licensor as may be required
by law, and subsequent easement conveyances, and to avoid delay in Project construction and
operation and consequent costs resulting from such delay, City and Licensor desire to enter into
this License to allow City and SFPUC to engage in the Licensed Uses in connection with Project
activities.
LICENSE
NOW, THEREFORE, in consideration of the covenants, promises, and undertakings set
forth in this License, and for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, City and Licensor agree as follows:
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1. ENTRY; PERMISSION TO ENTER
Licensor hereby grants to City and SFPUC, including (a) all of their respective agents,
employees, contractors, subcontractors, representatives, and other persons designated by City or
SFPUC (collectively, their "Agents") and (b) the Agents of California Water Service Company,
a California investor-owned utility ("CalWater") reasonable access to the Licensor Property to
perform the Licensed Uses, subject to, and in accordance with, the terms and conditions of this
License. City, SFPUC, and CalWater shall have the right to conduct the Licensed Uses provided
that such Licensed Uses are conducted during normal business hours or such other times agreed
upon by the parties. All such Licensed Uses shall be at no cost or expense to Licensor. City,
SFPUC, and CalWater shall engage in the Licensed Uses so as to minimize, to the greatest extent
possible, disruption at the Licensor Property in a manner reasonably acceptable to the parties.
2. MAINTENANCE
At its sole cost, Licensor shall perform all ordinary maintenance and repairs to the
License Area and any other improvements placed on the License Area, including fences and
security gates (if any); provided, however, (a) City shall be responsible, at its expense, to repair
and maintain the Road only as to wear and tear caused by the proportionate use of the Road by
City, SFPUC and CalWater and their respective Agents, and not wear and tear caused by use of
the Road by others and (b) if any portion of the License Area and its improvements, including
fences and security gates, are damaged by any of the activities conducted by City, SFPUC, or
CalWater at the License Area, at its sole cost, City shall repair any and all such damage and
restore the License Area and the improvements, including fences and security gates, to their
condition immediately prior to such damage. At its sole cost, Licensor shall provide the
electricity required to operate any security gates related to the License Area.
3. TERM OF LICENSE
The term of this License is temporary only and shall commence on the date on which the
SFPUC's contractor first enters the License Area in connection with construction of the Project
after SFPUC's issuance of a "Notice to Proceed" to its general contractor engaged to perform
Project construction (the "Commencement Date") and shall continue until the earlier of(a) the
last full day of the ninth (9th) full calendar month after the Commencement Date (such nine (9)-
month period shall be referred to as the "Initial Term");(b) the date after the DOF Approval is
issued that Licensor conveys to City a permanent access road easement with respect to the
License Area that provides for City's, SFPUC's, and CalWater's rights to use the License Area
for the Licensed Uses; or (c) the date this License is earlier terminated as provided in this
License.
In connection with subsection (a) above, if DOF Approval has still not been issued by the
last full day of Initial Term, then upon CCSF's written request, the term of this License shall
automatically extend on a month-to-month basis for up to an additional three (3)-month period
the "Extended Term"). However, the Extended Term will terminate on the earlier of(x) thirty
(30) days after City's notice to Licensor of such termination or (y) immediately upon the
conveyance of the permanent access road easement following DOF Approval.
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If City breaches a material term of this License and does not cure the breach within thirty
(30) calendar days of City's receipt of Licensor's notice (a "Default Notice") specifying such
breach, Licensor may terminate this License effective ninety (90) days after the date of
Licensor's Default Notice without any penalty or liability of either party to the other; provided,
however, if more than thirty (30) days are reasonably required for such cure, Licensor may not
terminate this License on account of such breach if City promptly commences the cure within
such thirty (30)-day period and diligently prosecutes such cure to completion. Without limiting
any of its rights under this License, City reserves the right to terminate this License at any time
prior to such expiration date, without cause and without any obligation to pay any consideration
to Licensor, by delivering a notice of termination to Licensor (with termination effective 30 days
following delivery of the notice). Upon termination of this License by either party, CCSF shall
return the Property to its original condition in accordance with the procedure outlined in Section
8 below.
4. LICENSE FEE
Within thirty (30) days of the Commencement Date, City shall pay to Licensor a fee (the
"License Fee") for the entire Initial Term in the amount of Seven Thousand One Hundred and
Forty-nine Dollars ($7,149). Upon DOF Approval and the subsequent closing of the purchase
transaction by which City will acquire the permanent access road easement. The License Fee for
the Initial Term will be applied towards the purchase price of Seven Thousand One Hundred and
Forty-nine Dollars ($7,149) to be paid by City to Licensor for that easement. If the term of this
License extends into the Extended Term, on or before the first day of each calendar month
during the Extended Term, City shall pay Licensor an additional License Fee of Seven Hundred
and Ninety-four Dollars ($794) for each month of the Extended Term. For any partial month at
the beginning or end of the Extended Term, the License Fee shall be prorated on the basis of a
30-day month.
This License is not intended to nor shall it be interpreted to create or vest in City any
leasehold or any other property rights or interests in the Property or the improvements located
thereon, or any part thereof.
5. COMPLIANCE WITH LAWS
City and the SFPUC shall conduct and cause to be conducted all activities on the
Licensor Property permitted by this License in a safe and prudent manner and in compliance
with all applicable laws, regulations, codes, ordinances, and orders of any governmental or other
regulatory entity.
6. INDEMNITY
City shall indemnify, defend, and hold harmless Licensor and its respective elected and
appointed officers, officials, employees, agents, and representatives (all of the foregoing
collectively "Indemnitees") from and against any and all demands, claims, legal or
administrative proceedings, losses, costs, penalties, fines, liens, judgments, damages, and
liabilities of any kind (collectively, "Losses"), to the extent arising or resulting directly out of
activities under this License or City's breach of this License, and except for Losses resulting
from the discovery of pre-existing conditions discovered (and not caused) by any investigations
undertaken by City pursuant to this License. City assumes the risk of damage to any of City's
personal property, except to the extent of damage caused by gross negligence or willful
misconduct of the Licensor or its agents.
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7. RELEASE OF CLAIMS
City hereby waives, releases, and discharges forever the Indemnitees from all present and future
Claims arising out of or in any way connected with entry upon or use of the Property and the
improvements located thereon by City or its Agents, including, without limitation, all Claims
arising in connection with any injury to persons or damage to or theft of vehicles, equipment,
materials, or any other personal property, except and to the extent caused by the gross negligence
or willful misconduct of any of the Indemnitees. The provisions of this Section 7 shall survive
the expiration or earlier termination of this License.
8. REPAIR OF DAMAGE
If any portion of the Licensor Property is damaged by any of the activities conducted by
City, SFPUC, or their respective Agents pursuant to this License, at its sole cost, City shall repair
any and all such damage and restore the Licensor Property to its previous condition.
9. NO JOINT VENTURES OR PARTNERSHIP; NO AUTHORIZATION
This License does not create a partnership or joint venture between City and Licensor as
to any activity conducted by City or SFPUC on, in or relation to the Licensor Property. This
License does not constitute authorization or approval by City or SFPUC of any activity
conducted by Licensor on, in, around, or relating to the License Area.
10. CITY'S SELF-INSURANCE
Licensor acknowledges that City maintains a program of self-insurance and agrees that
City shall not be required to carry any insurance with respect to this License. City assumes the
risk of damage to any of City's personal property, except for damage caused by the gross
negligence or willful misconduct of Licensor or its agents.
11. NOTICES
Except as otherwise expressly provided in this License, any notices given under this
License shall be effective only if in writing and given by delivering the notice in person, by
sending it first class mail or certified mail with a return receipt requested, or nationally-
recognized overnight courier that guarantees next day delivery and provides a receipt therefor,
with postage prepaid, addressed as follows (or such alternative address as may be provided in
writing):
To City: Greg Bartow, Project Manager
San Francisco Public Utilities Commission
525 Golden Gate Avenue, 10th Floor
San Francisco, CA 94102
Fax: (415) 934-5724
with a copy to: Judy Chin, SFPUC Project Construction Manager
San Francisco Public Utilities Commission
525 Golden Gate Avenue, 6th Floor
San Francisco, CA 94102
Fax: (415) 557-1706
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To Licensor: Successor Agency to the Redevelopment Agency of the City of
South San Francisco
Attn: Executive Director
400 Grand Avenue
South San Francisco, CA 94080
Facsimile No. (650) 829-6658
with a copy to: Meyers Nave
Attn: Steven T. Mattas, Esq.
575 Market Street, Suite 2080
San Francisco, CA 94105
Facsimile No.: (415) 421-3767
A properly addressed notice transmitted by one of the foregoing methods shall be deemed
received upon the confirmed date of delivery, attempted delivery, or rejected delivery, whichever
occurs first. Any facsimile numbers or email addresses provided above are for convenience of
communication; however, neither party may give official or binding notice by facsimile or email.
The effective time of a notice shall not be affected by the receipt, prior to receipt of the original,
of a telefacsimile or emailed copy of the notice.
12. TROPICAL HARDWOOD AND VIRGIN REDWOOD BAN
City urges companies not to import, purchase, obtain or use for any purpose, any tropical
hardwood, tropical hardwood wood product, virgin redwood, or virgin redwood wood product,
except as expressly permitted by the application of Sections 802(b) and 803(b) of the
San Francisco Environment Code.
13. DISCLOSURE
Licensor understands and agrees that City's Sunshine Ordinance (San Francisco
Administrative Code Chapter 67) and the State Public Records Law (Gov't Code Sections 6250
et seq.) apply to this License and any and all records, information, and materials submitted to
City in connection with this License. Accordingly, any and all such records, information, and
materials may be subject to public disclosure in accordance with City's Sunshine Ordinance and
the State Public Records Law. Licensor hereby authorizes City to disclose any records,
information, and materials submitted to City in connection with this License.
14. CONFLICT OF INTEREST
Through its execution of this License, Licensor acknowledges that it is familiar with the
provisions of(a) San Francisco Charter Section 15.103; (b) Article III, San Francisco Campaign
and Governmental Conduct Code, Chapter 2; and (c) California Government Code
Sections 87100 et seq. and Sections 1090 et seq. and certifies that it does not know of any facts
that would constitute a violation of said provisions, and agrees that if Licensor becomes aware of
any such fact during the term of this License, Licensor shall immediately notify City.
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15. NOTIFICATION OF LIMITATIONS ON CONTRIBUTIONS
Through its execution of this License, Licensor acknowledges that it is familiar with
Section 1.126 of the San Francisco Campaign and Governmental Conduct Code, which prohibits
any person who contracts with City for the selling or leasing of any land or building to or from
City whenever such transaction would require the approval by a City elective officer, the board
on which that City elective officer serves, or a board on which an appointee of that City elective
officer serves, from making any campaign contribution to (a) the City elective officer,
(b) a candidate for the office held by such individual, or (c) a committee controlled by such
individual or candidate, at any time from the commencement of negotiations for the contract
until the later of either the termination of negotiations for such contract or six months after the
date the contract is approved. Licensor acknowledges that the foregoing restriction applies only
if the contract or a combination or series of contracts approved by the same individual or board
in a fiscal year have a total anticipated or actual value of $50,000 or more. Licensor further
acknowledges that the prohibition on contributions applies to each Licensor; each member of
Licensor's board of directors, and Licensor's chief executive officer, chief financial officer, and
chief operating officer; any person with an ownership interest of more than twenty percent (20%)
in Licensor; any subcontractor listed in the contract; and any committee that is sponsored or
controlled by Licensor. Additionally, Licensor acknowledges that Licensor must inform each of
the persons described in the preceding sentence of the prohibitions contained in Section 1.126.
Licensor further agrees to provide to City the names of each person, entity, or committee
described above.
16. NON-DISCRIMINATION IN CITY CONTRACTS AND BENEFITS ORDINANCE
In the performance of this License, Licensor agrees not to discriminate against any
employee of, any City employee working with Licensor, or applicant for employment with
Licensor, or against any person seeking accommodations, advantages, facilities,privileges, services,
or membership in all business, social, or other establishments or organizations, on the basis of the
fact or perception of a person's race, color, creed, religion, national origin, ancestry, age, height,
weight, sex, sexual orientation, gender identity, domestic partner status, marital status, disability or
Acquired Immune Deficiency Syndrome or HIV status (AIDS/HIV status), or association with
members of such protected classes, or in retaliation for opposition to discrimination against such
classes.
17. AUTHORITY
Licensor represents and warrants to SFPUC that the execution and delivery of this License
by Licensor has been duly authorized and,to Licensor's best knowledge and belief, does not violate
any provision of any agreement,law,or regulation to which Licensor or the License Area is subject.
18. NON-LIABILITY OF CITY OFFICIALS,EMPLOYEES,AND AGENTS
Notwithstanding anything to the contrary in this License, no elective or appointive board,
commission, member, officer, employee or agent of City shall be personally liable to Licensor,
or its successors and assigns in the event of any default or breach by City or for any amount
which may become due to Licensor or its successors and assigns, or for any obligation of City
under this License.
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19. COOPERATION IN FUTURE BIKE PATH DEVELOPMENT
City and Licensor acknowledge that this License (and any eventual permanent access road
easement) will cross an area where Licensor contemplates possible future development of a
public path. To that end, City shall reasonably consider appropriate accommodations relating to
any such path; provided that, Licensor provides project plans for review to City and the use of
such path does not materially interfere with the ability of City and its Agents to use and enjoy the
License as contemplated in this Agreement or any eventual permanent access road easement.
20. GENERAL PROVISIONS
(a) This License may be amended or modified only by a writing signed by City and
Licensor. (b) No waiver by any party of any of the provisions of this License shall be effective
unless in writing and signed by an officer or other authorized representative, and only to the
extent expressly provided in such written waiver. No waiver shall be deemed a subsequent or
continuing waiver of the same, or any other, provision of this License. (c) Except as expressly
provided to the contrary, all approvals, consents, and determinations to be made by City or
SFPUC in connection with this License may be made at their sole and absolute discretion. (d)
This instrument (including the exhibit(s) to this License) contains the entire agreement between
the parties with respect to the licensing of the Licensor Property to City as provided for in this
License and all prior written or oral negotiations, discussions, understandings, and licenses with
respect to City or SFPUC's use of the License Property as contemplated in this License are
merged in this License. (e) The sections and other headings of this License are for convenience
of reference only and shall be disregarded in the interpretation of this License. (f) Time is of the
essence in all matters relating to this License. (g) This License shall be governed by California
law and the City's Charter. (h) If either party commences an action against the other or a dispute
arises under this License, the prevailing party shall be entitled to recover from the other
reasonable attorneys' fees and costs. For purposes of this License and for purposes of the
indemnifications set forth in this License, City's reasonable attorneys' fees shall be based on the
fees regularly charged by private attorneys in San Francisco with comparable experience
notwithstanding City's use of its own attorneys. (i) This License may be executed in
counterparts, each of which is deemed to be an original, and all such counterparts constitute one
and the same instrument.
[Signatures on following page]
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In witness whereof, City and Licensor have executed this License on the date set forth
below, effective as of the date first set forth above.
LICENSOR: THE SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY OF THE CITY
OF SOUTH SAN FRANCISCO, a public agency
By:
Name:
Dated:
CITY: CITY AND COUNTY OF SAN FRANCISCO,
a municipal corporation
By:
HARLAN L. KELLY, JR.
General Manager
San Francisco Public Utilities Commission
Dated:
APPROVED AS TO FORM:
DENNIS J. HERRERA
City Attorney
By:
Richard Handel
Deputy City Attorney
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EXHIBIT A
Description of License Area
[Insert or attach legal description of License Area]
1-1
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EXHIBIT B
Depiction of License Area
[Insert or attach diagram or plat map depicting License Area]
2-1
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EXHIBIT B-1
Depiction of Access Route Over License Area
[Insert or attach depiction of access route over License Area]
2464202.1
2-A-1
Temporary Access Road License(07-07-15)
LIZ
EXHIBIT"A"
B LEGAL DESCRIPTION September 23,2013
ENGINEERS
SURVEYORS
PLANNERS CUP-31A,SITE 11
PARCEL 3A
All that real property situate in the City of South San Francisco,County of San Mateo,
State of California,being a portion of Take Parcel 2 as said parcel is described in that
certain Quitclaim Deed recorded on January 31,2008,as Document Number 2008-
009955,Official Records of San Mateo County, State of California,being a strip of land
20 feet wide, 10 feet on each side of the following described centerline:
BEGINNING at the most northerly corner of said Take Parcel 2,being a point on a
curve to the left from which a radial line,bears South 52°15'05"West;
thence along the northeasterly line of last said parcel, along said curve having a radius of
3859.53 feet, through a central angle of 1°43'29", and an arc length of 116.18 feet to the
TRUE POINT OF BEGINNING;
thence leaving said northeasterly line,North 60°44'59" West, 36.36 feet;
thence North 48°56'38" West,48.03 feet;
thence North 37°44'28" West, 35.58 feet,to the northwesterly line of said parcel, and
containing an area of 2,383 square feet,more or less; the sidelines of the above described
easement are to be lengthened or shortened to terminate in said northwesterly and
northeasterly lines of said Take Parcel 2;
J:\SaU6\060212-091PIats\(2013-06-26)CUP-3I A SI I P3A.docx
SIIEET I OF 2
Bk F All bearings and distances shown on this exhibit are based upon the North American
Datum of 1983 (NAD 83), California Coordinate System,Zone III, Epoch 1991.35. All
distances shown hereon are grid distances. To convert to ground distance, multiply
expressed distances by 1.00007347. Areas shown are calculated using grid distances.
ENGINEERS To convert to ground area,multiply the expressed area by 1.0001469.
SURVEYORS A plat showing the above-described parcel is attached herein and made a part hereof as
PLANNERS Exhibit"B".
This description was prepared by me or under my direction in conformance with the
Professional Land Surveyors'Act.
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SIIEET2OF2
EXHIBIT B
4, P.O.B. ['
O 0 MOST NORTHERLY■'S0 2 CORNER OF TAKE
vi,9" PARCEL 2
q•%9 DOC NO 2008-009955 0
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.\ R=3859.53 34 LLS 49 �'O
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=116.18' '
N 3744'28"W ,'
35.58' \ ,.' 'I�1�C�
N48.56'38"w T.P.O.B. \6e 11
48.03 r
N60'44'59"W
36.36'
SITE 11 LANDS OF CITY OF SOUTH SAN
PARCEL 3A FRANCISCO REDEVELOPMENT
20' WIDE ACCESS AGENCY
DOC NO 2008-009955
EASEMENT 'O TAKE PARCEL 1
AREA = 2,383 9s °ti
SQ.FT.± o 4,,
LANDS OF KAISER Gi,'r'9
FOUNDATION HOSPITALS
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LANDS OF CITY OF SOUTH SAN
FRANCISCO REDEVELOPMENT
AGENCY
DOC NO 2008-009955 -1.
TAKE PARCEL 2 o
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LLS LICENSED LAND SURVEYORS MAPS 4.� sl:� , ���
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P.0.B. POINT OF BEGINNING *: O.,111:3 U
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255 SHORELINE DR Subject EXHIBIT B, CUP-31A, SITE 11
SUITE 200 PARCEL 3A
1 j:::,r” REDWOOD CITY, CA 94065 Job No. 20060212-12
,
i 650-482-6300 By RCS Date 09-23-13 Chkd.RCS
E��Is1�owMu■�� 650-482-6399 (FAX) SHEET 1 OF 1
Parcel name: SITE 11 P3A-A AE
North: 2067546.3019 East : 6001215.9420
Line Course: N 60-44-59 W Length: 36.36
North: 2067564.0683 East : 6001184.2181
Line Course: N 48-56-38 W Length: 48.03
North: 2067595.6143 East : 6001148.0003
Line Course: N 37-44-28 W Length: 35.58
North: 2067623.7504 East : 6001126.2220
Line Course: N 52-15-05 E Length: 10.00
North: 2067629.8724 East : 6001134.1290
Line Course: S 37-44-28 E Length: 34.60
North: 2067602.5113 East : 6001155.3075
Line Course: S 48-56-38 E Length: 46.01
North: 2067572.2920 East : 6001190.0021
Line Course: S 60-44-59 E Length: 9.91
North: 2067567.4497 East : 6001198.6485
Curve Length: 27.32 Radius: 3859.53
Delta: 0-24-20 Tangent: 13.66
Chord: 27.31 Course: S 39-16-14 E
Course In: N 50-55-56 E Course Out: S 50-31-36 W
RP North: 2069999.8771 East : 6004195.1913
End North: 2067546.3005 East : 6001215.9408
Line Course: N 39-29-23 W Length: 0.00
North: 2067546.3005 East 6001215.9408
Perimeter: 247.79 Area: 1,052 sq. ft. 0.02 acres
Mapcheck Closure - (Uses listed courses, radii, and deltas)
Error Closure: 0.0018 Course: S 38-55-52 W
Error North: -0.00143 East : -0.00116
Precision 1: 137, 672.22
Parcel name: SITE 11 P3A-B AE
North: 2067546.3019 East : 6001215.9420
Line Course: N 60-44-59 W Length: 36.36
North: 2067564.0683 East : 6001184.2181
Line Course: N 48-56-38 W Length: 48.03
North: 2067595.6143 East : 6001148.0003
Line Course: N 37-44-28 W Length: 35.58
North: 2067623.7504 East : 6001126.2220
Line Course: S 52-15-05 W Length: 10.00
North: 2067617.6284 East : 6001118.3149
Line Course: S 37-44-28 E Length: 36.56
North: 2067588.7174 East : 6001140.6931
Line Course: S 48-56-38 E Length: 50.04
North: 2067555.8512 East : 6001178.4266
Line Course: S 60-44-59 E Length: 37.72
North: 2067537.4202 East : 6001211.3371
Line Course: S 64-31-06 E Length: 21.90
North: 2067527.9984 East : 6001231.1067
Curve Length: 23.78 Radius: 3859.53
Delta: 0-21-11 Tangent: 11.89
Chord: 23.78 Course: N 39-38-59 W
Course In: N 50-10-25 E Course Out: S 50-31-36 W
RP North: 2069999.8864 East : 6004195.1818
End North: 2067546.3098 East : 6001215.9313
Line Course: N 39-29-23 W Length: 0.00
North: 2067546.3098 East : 6001215.9313
Perimeter: 299.96 Area: 1, 331 sq. ft. 0.03 acres
Mapcheck Closure - (Uses listed courses, radii, and deltas)
Error Closure: 0.0132 Course: N 53-30-49 W
Error North: 0.00788 East : -0.01065
Precision 1: 22,725.00
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