HomeMy WebLinkAboutReso 54-2019 (19-347)City of South San Francisco P.O. Box 711 (City Hall,
400 Grand Avenue)
South San Francisco, CA
City Council
' Resolution: RES 54-2019
File Number: 19-347 Enactment Number: RES 54-2019
RESOLUTION APPROVING AND AUTHORIZING THE CITY
MANAGER TO ENTER INTO A LEASE AGREEMENT BETWEEN
THE CITY OF SOUTH SAN FRANCISCO AND THE STATE OF
CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR PUBLIC
USE AND PARK IMPROVEMENTS OF CLAY AVENUE PARK.
WHEREAS, in April 1969, the City of South San Francisco and the California Department of Public
Works, now the Department of Transportation (Caltrans), entered into a 50 year lease agreement to allow
the City to develop a public park on their property at the end of Clay Avenue, below Caltrans' Highway
280 right of way (the "1969 Lease"); and
WHEREAS, the 1969 Lease permitted the City to utilize the property to provide a neighborhood park
referred to as Clay Avenue Park for $100 per year; and
WHEREAS, Clay Park is a valuable City asset, enjoyed by thousands of families each year, and is a
cornerstone of the West Winston Manor community, who utilize the park daily, as well as for regular
neighborhood events, including their annual egg hunt, National Night Out, a children's Halloween event,
and Kite Day, among others; and
WHEREAS, the 1969 Lease was set to expire on May 31, 2019; and
WHEREAS, the City of South San Francisco and Caltrans wish to enter into a new 10 year lease
agreement, with an option to renew for three additional five-year terms, for a total of 25 years, for the
City to continue maintaining Clay Avenue Park as a public park; and
WHEREAS, the proposed lease would effectively extend the 1969 Lease on substantially the same
terms, but with a new proposed lease rate or $2,000 per year plus an annual increase of $100. Further,
the proposed lease would also require the City to be responsible for all costs associated with
maintenance and improvements to the property, as well as utility costs; and
WHEREAS, staff recommends that the City enter into the proposed new lease with Caltrans to continue
utilizing Clay park to serve valuable community purposes.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of South San Francisco
hereby approves the lease agreement between the City of South San Francisco and the State of California
City of South San Francisco Page 1
File Number: 19-347 Enactment Number: RES 54-2019
Department of Transportation for public use and park improvements of Clay Avenue Park, and
authorizes the City Manager to execute the agreement, attached hereto as Attachment 1, in substantially
the same form and subject to approval by the City Attorney.
At a meeting of the City Council on 4/24/2019, a motion was made by Mark Addiego, seconded by Mark
Nagales, that this Resolution be approved. The motion passed.
Yes: 5 Mayor Matsumoto, Vice Mayor Garbarino, Councilmember Addiego,
Councilmember Nagales, and Councilmember Nicolas
Attest by
A 1,1 40 �1�1
osa Govea Acosta
City of South San Francisco Page 2
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MARLER - JOHNSON PARK AGREEMENT
FLA 04-SMX-280-03
SUMMARY OF LEASE PROVISIONS
LESSEE (local agency): City of South San Francisco
PREMISES: 04-SM-280-03 Located in the City of South San Francisco, County of San Mateo,
State of California, commonly known as Lease Area No. 04-SMX-280-03.
LEASE TERM: commencing June 1, 2019 and first term expiring on May 31, 2029
ANNUAL LEASE RATE: $2000.
ADJUSTMENT TO LEASE RATE: $100 annual increase, effective June 1 of each year
REEVALUATION: none
SECURITY DEPOSIT: $0.00.
PUBLIC USE: Park and Recreational Use Only.
LIABILITY INSURANCE: $5,000,000.00
ADDRESS FOR NOTICES:
LESSOR:
Department of Transportation
Right of Way, Airspace Development
111 Grand Avenue
P.O. Box 23440
Oakland, CA 94612
(510) 286-5400
LESSEE:
City of South San Francisco
400 Grand Avenue
South San Francisco, CA 94080
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ARTICLE 1. TERM..................................................................................................................................... 3
ARTICLE 2. LEASE RATE ........................................................................................................................ 3
2.1 Annual Lease Rate .................................................................................................................... 3
2.2 Adjustment to Annual Lease Rate ............................................................................................ 4
ARTICLE 3. USE ........................................................................................................................................ 4
3.1 Specified Use ............................................................................................................................. 4
3.2 Condition of Premises ............................................................................................................... 4
3.3 Prohibited Uses ......................................................................................................................... 4
3.4 Hazardous Materials ................................................................................................................. 5
3.5 Stormwater ................................................................................................................................ 5
3.6 LESSOR's Rules and Regulations ............................................................................................ 6
ARTICLE 4. IMPROVEMENTS ................................................................................................................ 6
4.1 Authorized Improvements ........................................................................................................ 6
4.2 Required Sign ........................................................................................................................... 6
4.3 Removal of Improvements ........................................................................................................ 7
ARTICLE 5. REMOVAL OF PERSONAL PROPERTY ........................................................................... 7
ARTICLE 6. MAINTENANCE AND REPAIRS ........................................................................................ 7
6.1 LESSEE'S Obligations .............................................................................................................. 7
6.2 LESSOR’S Rights ..................................................................................................................... 8
ARTICLE 7. INSURANCE ......................................................................................................................... 8
7.1 Exemption of LESSOR from Liability ..................................................................................... 8
7.2 Liability Insurance .................................................................................................................... 9
7.3 Failure to Procure and Maintain Insurance ............................................................................. 10
ARTICLE 8. PAYMENT OF TAXES ...................................................................................................... 11
ARTICLE 9. RIGHT OF ENTRY ............................................................................................................. 11
9.1 Inspection, Maintenance, Construction and Operation of Freeway Structures ...................... 11
9.2 Future Transportation Project ................................................................................................. 11
9.3 Retrofitting of Freeway Structures ......................................................................................... 11
ARTICLE 10. DEFAULT ......................................................................................................................... 12
10.1 Default ................................................................................................................................... 12
10.2 LESSOR'S Remedies ............................................................................................................. 12
ARTICLE 11. ASSIGNMENTS, SUBLEASES AND ENCUMBRANCES ............................................ 13
ARTICLE 12. NONDISCRIMINATION .................................................................................................. 13
ARTICLE 13. SECURITY DEPOSIT ..................................................................................................... 14
ARTICLE 14 ADDITIONAL PROVISIONS .......................................................................................... 14
14.1 Quiet Enjoyment .................................................................................................................... 14
14.2 Captions, Attachments, Defined Terms ................................................................................. 14
14.3 Entire Agreement ................................................................................................................... 14
14.4 Severability ............................................................................................................................ 14
14.5 Time is of the Essence ........................................................................................................... 14
14.6 Binding Effect; Choice of Law .............................................................................................. 14
14.7 Waiver .................................................................................................................................... 15
14.9 Notices ................................................................................................................................... 15
14.10 No Reservation .................................................................................................................... 15
14.12 Force Majeure ...................................................................................................................... 15
14.13 Termination of Lease ........................................................................................................... 15
Exhibit A: Map ........................................................................................................................................... 17
Exhibit B: Stormwater ................................................................................................................................ 17
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(Lease Area No. 04-SMX-280-03)
STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION
AIRSPACE LEASE – MARLER-JOHNSON PARK AGREEMENT
THIS LEASE, dated December 31, 2018, is by and between the STATE OF
CALIFORNIA, acting by and through its Department of Transportation, hereinafter called
"LESSOR”, and CITY OF SOUTH SAN FRANCISCO, a bonafide public agency, hereinafter
called "LESSEE”.
W I T N E S S E T H
It has been determined that the following described purpose is the proper use by a
bonafide public agency pursuant to Section 14013 of the Government Code of the State of
California; and
That the LESSOR, for and in consideration of the covenants, conditions, agreements, and
stipulations of the LESSEE expressed, does hereby lease unto the said LESSEE, of those certain
premises situated in the City of South San Francisco, County of San Mateo, State of California,
sometimes designated as Freeway Lease Area Number 04-SMX-280-03, said demised area being
described on the attached map or plat marked "Exhibit A", commonly known as FLA 04-SMX-
280-03.
EXCEPTING THEREFROM all those portions of the above-described property occupied
by the supports and foundations of the existing structure. ALSO EXCEPTING THEREFROM
all that portion of said property: above a horizontal plane 3 feet below the underside of the
superstructure of the existing structure, which plane extends to a line 15 feet, measured
horizontally, beyond the outermost protrusion of the superstructure of said existing structure, as
shown on the diagram marked "Exhibit A," attached hereto and by this reference made a part
hereof
This Lease is subject to (1) all easements, covenants, conditions, restrictions,
reservations, rights of way, liens, encumbrances and other matters of record, (2) all matters
discoverable by physical inspection of the Premises or that would be discovered by an accurate
survey of the Premises and (3) all matters known to LESSEE or of which LESSEE has notice,
constructive or otherwise including, without limitations, those shown on attached Exhibit "A".
The parties hereto covenant and agree as follows:
ARTICLE 1. TERM
The term of this Lease shall be for ten (10) years commencing on June 1, 2019, and
expiring May 31, 2029. At LESSEE’S option, and with LESSOR’S concurrence, this lease may
be renewed for three (3) additional five (5)-year options subject to a reevaluation of the lease rate
in accordance with such terms as may be mutually agreed upon by the parties.
ARTICLE 2. LEASE RATE
2.1 Annual Lease Rate
LESSEE shall pay to LESSOR the sum of $2000.00, per year commencing on July 1,
2020 and every year thereafter continuing during the term. The lease rate is for the property only;
LESSEE must arrange to pay for all utility, maintenance and landscaping services.
All lease payments shall be paid to LESSOR at the address to which notices to LESSOR
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are given.
2.2 Adjustment to Annual Lease Rate
The current annual lease rate provided for in Section 2.1 shall be subject to annual
increase of a $100 increase.
ARTICLE 3. USE
3.1 Specified Use
The Premises shall be used and occupied by LESSEE only and exclusively for the
purpose of a public park and/or recreational area. The Premises shall be maintained at the sole
cost and expense of LESSEE in an orderly, clean, safe and sanitary condition. LESSOR will
terminate this lease immediately if LESSEE uses the Premises for any purpose other than park or
recreational uses.
The Premises shall at all times be subject to such uses by the LESSOR as are necessary
for highway facilities without interference by LESSEE
3.2 Condition of Premises
LESSEE hereby accepts the Premises “As-Is”. LESSOR makes no representation or
warranty with respect to the condition of the Premises or the suitability thereof for the conduct of
LESSEE's business, nor has LESSOR agreed to undertake any modification, alteration or
improvement to the Premises.
3.3 Prohibited Uses
LESSEE is to use the Premises for public park and recreational purposes only. The
following are specifically prohibited:
(a) Using the Premises in violation of any law, statute, zoning restriction, ordinance or
governmental rule or regulation or requirements.
(b) Operating or installing gasoline or petroleum supply station, transporting or storing
gasoline or petroleum products under the structures, except those products stored
within an operable vehicle for exclusive use by that vehicle.
(c) Manufacturing or storage or use of flammable materials, explosives or other
materials, deemed by LESSOR to be a potential fire or other hazard to the
transportation facility.
(d) Using, creating, storing or allowing any hazardous materials on the premises, except
as otherwise expressly permitted in this Lease. Fuel stored in a motor vehicle for the
exclusive use in such vehicle is excepted.
(e) Constructing, erecting, maintaining or permitting any sign, banner or flag upon the
premises, except as provided for in Section 4.2, without the prior written approval of
LESSOR. LESSEE shall not place, construct or maintain upon the premises any
advertising media that include moving or rotating parts, searchlights, flashing lights,
loudspeakers, phonographs or other similar visual or audio media.
(f) Parking or storing wrecked or inoperable vehicles of any kind on the leased
premises. All parked or stored vehicles must be capable of being started and driven
off the premises. Vehicles will not be permitted to remain overnight on the
premises.
(g) Conducting or permitting the vending or sale of any goods or services upon the
premises.
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3.4 Hazardous Materials
Hazardous materials are those substances listed in Division 4, Chapter 30, Article 9 of
Title 22 of the California Code of Regulations or those which meet the toxicity, reactivity,
corrosivity or flammability criteria of Article 11 of that Code, as well as any other substance
which poses a hazard to health or environment. Except as otherwise expressly permitted in this
Lease, LESSEE shall not use, create, store or allow any hazardous materials on the premises.
Fuel stored in a motor vehicle for the exclusive use in such vehicle is excepted.
In no case shall LESSEE cause or allow the deposit or disposal of any hazardous
materials on the leased premises. LESSOR, or its agents or contractors, shall at all times have
the right to go upon and inspect the leased premises and the operations thereon to assure
compliance with the requirements herein stated. This inspection may include taking samples of
substances and materials present for testing, and/or the testing of soils or underground tanks on
the premises.
Breach of any of these covenants, terms and conditions shall give LESSOR authority to
immediately terminate this Lease. It is the intent of the parties hereto that LESSEE shall be
responsible for and bear the entire cost of removal and disposal of hazardous materials
introduced to the premises during LESSEE'S period of use and possession as owner, operator or
LESSEE of the premises. LESSEE shall also be responsible for any clean-up and
decontamination on or off the leased premises necessitated by the introduction of such hazardous
materials on the leased premises. LESSEE shall not be responsible for or bear the cost of removal
or disposal of hazardous materials introduced to the premises by any party other than Lessee
during any period prior to commencement of LESSEE'S period of use and possession of the
leased premises as owner, operator or Lessee.
LESSEE shall further hold LESSOR, and its officers and employees, harmless from all
responsibility, liability and claim for damages resulting from the presence or use of hazardous
materials on the premises during Lessee's period of use and possession of the premises.
3.5 Stormwater
LESSEE shall comply with all applicable State and Federal water pollution control
requirements regarding storm water and non-storm water discharges from the LESSEE’S
leasehold area and will be responsible for all applicable permits including but not limited to the
National Pollutant Discharge Elimination System (NPDES) General Permit and Waste Discharge
Requirements for Discharges of Stormwater Associated with Industrial Activities (Excluding
Construction), the NPDES General Permit for Stormwater Discharges Associated with
Construction and Land Disturbance Activities, and the Caltrans Municipal Separate Storm Sewer
System NPDES Permit, and permits and ordinances issued to and promulgated by municipalities,
counties, drainage districts, and other local agencies regarding discharges of storm water and
non-storm water to sewer systems, storm drain systems, or any watercourses under the
jurisdiction of the above agencies. Copies of the current storm water related NPDES permits are
available on the State Water Resources Control Board’s website at www.swrcb.ca.gov under
Stormwater.
LESSEE understands the discharge of non-storm water into the storm sewer system is
prohibited unless specifically authorized by one of the permits or ordinances listed above. In
order to prevent the discharge of non-storm water into the storm sewer system, vehicle or
equipment washing, fueling, maintenance and repair on the PREMISES is prohibited.
In order to prevent the discharge of pollutants to storm water resulting from contact with
hazardous material, the storage or stockpile of hazardous material on PREMISES is strictly
prohibited. Lessee shall implement and maintain the Best Management Practices (BMPs)
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shown in the attached Stormwater Pollution Prevention Fact Sheet(s) for: General Land Use and
Parks & Recreation. LESSEE shall identify any other potential sources of storm water and non-
storm water pollution resulting from Lessee’s activities on the PREMISES, which are not
addressed by the BMPs, contained in the attached Fact Sheet(s), and shall implement additional
BMPs to prevent pollution from those sources. Additional BMPs may be obtained from 2 other
manuals, (1) Right of Way Property Management and Airspace Storm Water Guidance Manual
(RW Storm Water Manual) available for review at the Lessor’s District Right of Way office or
online at www.dot.ca.gov/hq/row/rwstormwater and (2) Construction Site Best Management
Practices (BMPs) Manual, which is available online at
www.dot.ca.gov/hq/construc/stormwater/manuals.htm. In the event of conflict between the
attached Fact Sheet(s), the manuals and this Lease, this Lease shall control.
LESSEE shall provide Lessor with the Standard Industrial Classification (SIC) code
applicable to Lessee’s facilities and activities on the lease PREMISES. A list of SIC codes
regulated under the General Industrial Permit SIC codes may be found at the State Water
Resources Control Board (SWRCB) website at
http:/www.waterboards.ca.gov/water_issues/programs/stormwater/gen_indus.shtml. Other SIC
codes may be found at www.osha.gov/pls/imis/sicsearch.html.
LESSOR, or its agents or contractors, shall at all times have the right to enter and inspect
the PREMISES and the operations thereon to assure compliance with the applicable permits, and
ordinances listed above. Inspection may include taking samples of substances and materials
present for testing PREMISES.
3.6 LESSOR's Rules and Regulations
LESSEE shall faithfully observe and comply with the rules and regulations that LESSOR
shall from time to time promulgate for the protection of the transportation facility and the safety
of the traveling public. LESSOR reserves the right from time to time to make reasonable
modifications to said rules and regulations. The additions and modifications to those rules and
regulations shall be binding upon LESSEE upon delivery of a copy of them to LESSEE.
ARTICLE 4. IMPROVEMENTS
4.1 Authorized Improvements
LESSEE shall not place any improvements in, on, or upon the premises, nor shall
LESSEE make any alterations to said premises except those specifically included in the
development plans approved by the LESSOR, in writing, a copy of which is attached hereto. All
additional improvements, including landscaping, are subject to the review and approval of the
LESSOR and FHWA.
LESSEE shall begin the development of said property within 30 days of the date of this
lease and after obtaining an appropriate encroachment permit to construct from the LESSOR.
All work shall be completed according to the development plan within 90 days of the issuance of
the encroachment permit.
4.2 Required Sign
LESSEE shall post the premises with a sign giving the following notice:
(a) “This park has been developed for your convenience by City of South San
Francisco under a Lease with the California Department of Transportation. The
Lease is subject to termination if the property is needed for State highway purposes”
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4.3 Removal of Improvements
Upon termination of this Lease for any reason whatsoever, LESSEE agrees to remove all
improvements, except landscaping, at LESSEE’S sole expense, within 120 days of termination.
If LESSEE fails to remove all improvements, LESSOR may remove such improvements at the
expense of LESSEE and bring an action for recovery of such costs, together with all expenses
and attorneys’ fees incurred by reason of said action.
ARTICLE 5. REMOVAL OF PERSONAL PROPERTY
LESSEE may remove any personal property from time to time within forty-five (45) days
of the expiration of the term. LESSEE shall repair all damage (structural or otherwise) caused by
any such removal.
Any personal property not removed by LESSEE within forty-five (45) days following
expiration of the term shall be deemed to be abandoned by LESSEE and shall, without
compensation to LESSEE, become the LESSOR's property, free and clear of all claims to or
against them by LESSEE or any other person.
ARTICLE 6. MAINTENANCE AND REPAIRS
6.1 LESSEE'S Obligations
LESSEE, at its own cost and expense, shall maintain the leased premises, improvements
and landscaping thereon, including fences, and guardrails heretofore, or hereafter erected, in first
class order, repair and condition and in compliance with all requirements of law, subject to
ordinary wear and tear that does not reduce its attractiveness and utility. LESSEE shall also, at
its own cost and expense, install or provide for the installation of all required lighting on the
leased premises and shall maintain the lighting in first class order, repair and condition.
LESSOR and LESSEE recognize that because of the length of the term of this Lease it
may be necessary for LESSEE to perform certain substantial maintenance, repair, rehabilitation
or reconstruction (hereinafter collectively referred to as "repair" or "repairs") of the
improvements in order to ensure that the premises are kept in first-class order, repair and
condition.
LESSEE hereby expressly waives the right to make repairs at the expense of LESSOR
and the benefit of the provisions of Sections 1941 and 1942 of the California Civil Code or any
successor thereto.
LESSEE shall take all steps necessary to effectively protect the fences, guardrails, and the
piers and columns, if any, of the structure from damage incident to LESSEE's use of said
premises and improvements, all without expense to LESSOR. LESSEE shall, at its own cost and
expense, repair in accordance with LESSOR's standards any damage to any property owned by
LESSOR, including, but not limited to, all fences, guardrails, piers and columns, caused by
LESSEE, invitees or other third parties. At LESSEE's request, LESSOR will repair the damage
to its property and LESSEE agrees to reimburse LESSOR promptly after demand for the amount
LESSOR has reasonably expended to complete the repair work.
LESSEE shall designate in writing to LESSOR a representative who shall be responsible
for the day-to-day operation and level of maintenance, cleanliness and general order.
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6.2 LESSOR’S Rights
In the event LESSEE fails to perform LESSEE's obligations under this Article, LESSOR
shall give LESSEE notice to do such acts as are reasonably required to so maintain the premises.
If within thirty (30) days after LESSOR sends written notice to repair or quit, LESSEE fails to
do the work and diligently proceed in good faith to prosecute it to completion, this lease shall be
deemed cancelled.
ARTICLE 7. INSURANCE
7.1 Indemnification
Neither LESSOR nor any of LESSOR’S officers or employees is responsible for any
injury, damage, or liability occurring by reason of anything done or omitted to be done by
LESSEE under or in connection with any work, authority, or jurisdiction conferred upon
LESSEE or arising under this Lease.
It is understood and agreed LESSEE will fully defend, indemnify, and save harmless
LESSOR and all of its officers and employees from all claims, suits, or actions of every kind
brought forth under any theory of liability occurring by reason of anything done or omitted to be
done by LESSEE under this lease. LESSEE’S obligations to defend, indemnify, and save
harmless LESSOR extends to any and all claims, suits, or actions of every kind brought forth
under any theory of liability occurring due to the use of the PREMISES and LESSEE’S
operations under this Lease, any accompanying agreement with LESSOR, and any encroachment
permit issued by Lessor.
LESSEE shall include in any contract it enters with any third party to conduct work in
association with this Lease, including any contractors who design, construct, or maintain
equipment, structures, fixtures or other property, a requirement the contractor will fully defend,
indemnify and save harmless LESSOR and its officers and employees from any and all claims,
suits or actions of every kind brought forth under any theory of liability occurring due to the work
conducted in association with this Lease. If LESSEE has any additional insured endorsements
executed by any third parties conducting work in association with this Lease naming LESSOR to
comply with this provision, Lessee shall provide copies of the additional insured endorsements
and a Certificate of Insurance to Lessor.
If the Lease is terminated for any reason, LESSEE also agrees to indemnify, defend, and
save harmless LESSOR from any third party claims for damages arising out of the termination of
the Lease due to LESSOR’S failure to comply with the requirements of the Lease. Such third
party claims include any claims from any contractors retained by Lessee or its successors.
Furthermore, LESSEE agrees it controls the PREMISES. As such, LESSEE agrees to
defend, indemnify and hold harmless LESSOR, its officers, agents, and employees for any and all
claims arising out of any allegedly dangerous condition of public property based upon the
condition of the PREMISES.
LESSEE agrees to defend, indemnify and save harmless LESSOR, its officers,
employees, and agents from any and all claims, suits or actions of every kind brought forth under
any theory of liability with respect to the PREMISES or the activities of LESSEE or its officers,
employees, and agents at the PREMISES, excluding those arising by reason of the sole or active
negligence of LESSOR, its officers, employees, and agents.
LESSEE’S obligations to defend and indemnify LESSOR is not excused because of
LESSEE’S inability to evaluate liability or because LESSEE evaluates liability and determines
LESSEE is not liable. LESSEE must respond within 30 days to the tender of any defense and
indemnity by LESSOR, unless this time has been extended by Lessor.
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7.2 Liability Insurance
Nothing in this Lease is intended to establish a standard of care owed to any member of
the public or to extend to the public the status of a third-party beneficiary for any of these
insurance specifications.
A. Workers' Compensation and Employer's Liability Insurance
LESSEE shall provide workers’ compensation and employer’s liability insurance as required
under the Labor Code and provide LESSOR the following certification before performing any
work (Labor Code § 1861) in connection with this Lease:
“I am aware of the provisions of Section 3700 of the Labor Code which require every
employer to be insured against liability for workers' compensation or to undertake self-
insurance in accordance with the provisions of that code, and I will comply with such
provisions before commencing the performance of the work of this contract.”
LESSEE shall provide Employer's Liability Insurance in amounts not less than:
1. $1,000,000 for each accident for bodily injury by accident
2. $1,000,000 policy limit for bodily injury by disease
3. $1,000,000 for each employee for bodily injury by disease
B. Comprehensive General Liability Insurance
LESSEE shall procure Comprehensive General Liability Insurance with $5 million per
occurrence and aggregate limits covering all operations by or on behalf of LESSEE, providing
insurance for bodily injury liability and property damage liability, and including coverage for:
1. PREMISES, operations and mobile equipment
2. Products and completed operations
3. Broad form property damage (including completed operations)
4. Explosion, collapse, and underground hazards
5. Personal injury
6. Contractual liability
LESSEE shall provide proof of the Comprehensive General Liability insurance policy with all
endorsements, riders, and amendments to LESSOR on or before the commencement of this Lease
by a Certificate of Additional Insured.
The Comprehensive General Liability insurance procured by LESSEE shall also comply with the
following:
1. Shall extend to all of LESSEE’S operations and remain in full force and effect
during the term of this Lease.
2. Must be with an insurance company with a rating from A.M. Best Financial
Strength Rating of A- or better and a Financial Size Category of VII or better.
3. Shall be on Commercial General Liability policy form no. CG0001 as published
by the Insurance Services Office (ISO) or under a policy form at least as broad as
policy form no. CG0001.
4. Shall contain completed operations coverage with a carrier acceptable to
LESSOR through the expiration of the latent and patent deficiency in construction
statutes of repose set forth in Code of Civil Procedure section 337.15.
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5. Shall name LESSOR, including its officers, directors, agents (excluding agents
who are design professionals), and employees, as additional insureds under the
General Liability Policy with respect to liability arising out of or connected with
work or operations performed in connection with this Lease. Coverage for such
additional insureds does not extend to liability to the extent prohibited by
Insurance Code section 11580.04.
6. Shall provide additional insured coverage by a policy provision or by an
endorsement providing coverage at least as broad as Additional Insured (Form B)
endorsement form CG 2010, as published by the Insurance Services Office (ISO),
or other form designated by Lessor.
7. Shall state the insurance afforded the additional insureds applies as primary
insurance. Any other insurance or self-insurance maintained by Lessor is excess
only and must not be called upon to contribute with this insurance.
LESSEE shall carry automobile liability insurance, including coverage for all owned, hired, and
non-owned automobiles. The primary limits of liability must be not less than $1,000,000
combined single limit for each accident for bodily injury and property damage. The umbrella or
excess liability coverage required under this Article shall also apply to automobile liability.
LESSOR allows reasonable deductible clauses not overly broad, exceeding $250,000, or harmful
to LESSOR. LESSEE agrees by executing this Lease it shall defend, indemnify, and hold
harmless LESSOR until such deductible is paid or applied to any claim arising out of this Lease,
regardless of LESSEE’S evaluation of liability, as discussed in Section 9.1.
LESSOR may assure LESSEE’S compliance with LESSEE’S insurance obligations. Ten days
before an insurance policy lapses or is canceled during the term of this Lease, LESSEE must
submit evidence of renewal or replacement of the policy. LESSEE is not relieved of its duties
and responsibilities to indemnify, defend, and hold harmless LESSOR, its officers, agents, and
employees by LESSOR’S acceptance of insurance policies and certificates. The minimum
insurance coverage amounts do not relieve Lessee from liability in excess of such coverage.
C. Self-Insurance
Reasonable self-insurance programs and self-insured retentions in insurance policies are
permitted by LESSOR. If LESSEE uses a self-insurance program or self-insured retention,
LESSEE must provide LESSOR with the same protection from liability and defense of suits as
would be afforded by first-dollar insurance. Further, execution of this Agreement is Lessee’s
acknowledgment LESSEE will be bound by all laws as if LESSEE were an insurer as defined
under Insurance Code section 23 and Lessee’s self-insurance program or self-insured retention
shall operate as insurance as defined under Insurance Code section 22.
7.3 Failure to Procure and Maintain Insurance
If LESSEE fails to procure or maintain the insurance required by this Article in full force
and effect, this Lease may be terminated immediately by LESSOR. In addition, if LESSEE fails
to procure or maintain the insurance required by this Article, LESSEE shall cease and desist from
operating any business on the PREMISES and the improvements erected thereon and shall
prevent members of the public from gaining access to the PREMISES during any period in which
such insurance policies are not in full force and effect.
11
7.4 Waiver of Subrogation
LESSEE hereby waives any and all rights of recovery against LESSOR, or against the
officers, employees, agents and representatives of LESSOR, for loss of or damage to LESSEE or
its property or the property of others under its control to the extent that such loss or damage is
insured against under any insurance policy in force at the time of such loss or damages. LESSEE
shall give notice to its insurance carrier or carriers that the foregoing waiver of subrogation is
contained in the Lease.
ARTICLE 8. PAYMENT OF TAXES
LESSEE agrees to pay all taxes and assessments that may be legally assessed on lessee's
possessory interest or income.
ARTICLE 9. RIGHT OF ENTRY
9.1 Inspection, Maintenance, Construction and Operation of Freeway Structures
LESSOR, through its agents or representatives, and other city, county, state and federal
agencies, through their agents or representatives, shall have full right and authority to enter in and
upon the premises and any building or improvements situated thereon at any and all reasonable
times during the term of this Lease for the purpose of inspecting the same without interference or
hindrance by LESSEE, its agents or representatives.
LESSOR further reserves the right of entry for the purpose of inspecting the premises, or
the doing of any and all acts necessary or proper on said premises in connection with the
protection, maintenance, reconstruction, and operation of the freeway structures and its
appurtenances; provided, further, that LESSOR reserves the further right, at its discretion, to
immediate possession of the same in case of any national or other emergency, or for the purpose
of preventing sabotage, and for the protection of said freeway structures, in which event the term
of this Lease shall be extended for a period equal to the emergency occupancy by LESSOR, and
during said period LESSEE shall be relieved, to the degree of interference, from the performance
of conditions or covenants specified herein. LESSOR further reserves the right of entry by any
authorized officer, engineer, employee, contractor or agent of the LESSOR for the purpose of
performing any maintenance activities upon the property which LESSEE has failed to perform.
9.2 Future Transportation Project
LESSEE specifically acknowledges LESSOR may cancel this lease upon 90 days notice
for the construction of an "Approved or Funded Transportation Project" or an emergency
highway repair. In that event, LESSEE will have no claim upon LESSOR and waives any and all
claims for compensation, damages or relocation assistance.
9.3 Retrofitting of Freeway Structures
LESSEE acknowledges LESSOR may be required to perform retrofit work on all or a part
of the freeway structures that are situated on and above the premises. LESSOR shall have the
right to impose such restrictions on LESSEE's right to enter, occupy, and use the premises and to
construct improvements thereon as LESSOR deems are necessary to enable it to complete
construction of all freeway structural retrofit work without interference from LESSEE.
In the event LESSOR determines that it needs to obtain possession of all or a portion of
the premises, or needs to place restrictions on LESSEE's use of the premises, LESSOR shall, at
least ninety (90) days prior to the effective date of the commencement of such possession or
restrictions notify LESSEE in writing describing the extent of the possession or restrictions and
the effective date of their commencement. Upon the effective date of said notice, LESSEE shall
12
peaceably surrender possession of the premises and comply with the restrictions as stated therein.
In that event, LESSEE will have no claim upon LESSOR and waives any and all claims for
compensation, damages or relocation assistance.
LESSEE shall conduct its operations on the premises in such a manner so as not to
interfere with LESSOR's or its contractor's performance of any structural retrofit work done on or
above the premises. LESSEE acknowledges that the performance of the structural retrofit work
may cause damage to paving or other improvements constructed by LESSEE on the Premises.
LESSEE expressly agrees to hold LESSOR harmless from all such damage to its improvements,
except that at the conclusion of the retrofit work, LESSOR shall, at no cost to LESSEE, restore
the premises to their preexisting condition to the extent reasonably possible consistent with the
retrofitting project.
If a portion of the premises is rendered unusable due to such work, LESSOR and
LESSEE shall negotiate in good faith to determine an appropriate rental adjustment during such
period. If the parties cannot agree, the matter shall be submitted to binding arbitration, with the
arbitrator chosen by the Presiding Judge of the Superior Court in which the property is located if
the parties cannot mutually agree on an arbitrator.
ARTICLE 10. DEFAULT
10.1 Default
The occurrence of any of the following shall constitute a material breach and default of
this Lease by LESSEE:
(a) Any failure by LESSEE to pay lease payment or any other monetary sums
required to be paid hereunder, where such failure continues for ten (10) days after
written notice thereof has been given by LESSOR to LESSEE.
(b) The abandonment or vacation of the premises by LESSEE. Failure to occupy and
operate the premises for thirty (30) consecutive days following the mailing of
written notice from LESSOR to LESSEE calling attention to the abandonment
shall be deemed an abandonment or vacation.
(c) A failure by LESSEE to observe and perform any other provision of this Lease to
be observed or performed by LESSEE, where such failure continues for thirty (30)
days after written notice thereof by LESSOR to LESSEE; provided, however, that
if the nature of such default is such that it cannot be reasonably cured within such
thirty (30) day period, LESSEE shall not be deemed to be in default if LESSEE
shall within such period commence such cure and thereafter diligently prosecute
the same to completion.
10.2 LESSOR'S Remedies
In the event of any material default or breach by LESSEE, LESSOR may at any time
thereafter, without limiting LESSOR in the exercise of any right of remedy at law or in equity
that LESSOR may have by reason of such default or breach
(a) Terminate LESSEE'S right to possession by any lawful means, in which case this
Lease shall immediately terminate and LESSEE shall immediately surrender
possession of the premises to LESSOR. In such event LESSOR shall be entitled
to recover from LESSEE all damages incurred by LESSOR by reason of
LESSEE's default including, but not limited to, the following:
(i) the worth at the time of award of any unpaid lease payment which had
been earned at the time of such termination; plus
(ii) the worth at the time of award of the amount by which the unpaid lease
13
payment which would have been earned after termination until the time of
award exceeds the amount of such rental loss that is proved could have
been reasonably avoided; plus
(iii) the worth at the time of award of the amount by which the unpaid lease
payment for the balance of the term after the time of award exceeds the
amount of such rental loss that is proved could be reasonably avoided;
plus,
(iv) any other amount necessary to compensate LESSOR for all the detriment
proximately caused by LESSEE's failure to perform its obligations under
this Lease or which in the ordinary course of events would be likely to
result therefrom; plus
(v) at LESSOR's election, such other amounts in addition to or in lieu of the
foregoing as may be permitted from time to time by applicable State law.
Upon any such re-entry LESSOR shall have the right to make any
reasonable repairs, alterations or modifications to the premises, which
LESSOR in its sole discretion deems reasonable and necessary. As used
in subparagraphs (i) and (ii), above, the "worth at the time of award" is
computed by including interest on the principal sum at a rate one percent
(1%) above the discount rate of the Federal Reserve Bank of San
Francisco from the date of default. As used in subparagraph (iii), above,
the "worth at the time of award" is computed by discounting such amount
at a rate one percent (1%) above the discount rate of the Federal Reserve
Bank of San Francisco at the time of award. The term "lease rate" as used
in this Article shall be deemed to be and to mean lease rate to be paid
pursuant to Article 4 and all other monetary sums required to be paid by
LESSEE pursuant to the terms of this Lease.
ARTICLE 11. ASSIGNMENTS, SUBLEASES AND ENCUMBRANCES
The LESSEE shall not assign, sublease, or encumber this property in any matter
whatsoever, nor shall this lease be recorded.
ARTICLE 12. NONDISCRIMINATION
LESSEE, for itself, its agents, contractors, employees, officers, and personal
representatives, successors in interest, and assigns, as a part of the consideration hereof, does
hereby covenant and agree as a covenant running with the land that:
(a) No person, on the ground of race, color, or national origin shall be excluded from
participation in, be denied the benefits of, or otherwise subjected to discrimination
in the use of said facilities,
(b) In connection with the construction of any improvements on said land and the
furnishing of services thereon, no discrimination shall be practiced in the selection
of employees and contractors, by contractors in the selection and retention of first
tier subcontractors, and by first tier subcontractors in the selection and retention of
second tier subcontractors,
(c) Such discrimination shall not be practiced against the public in its access to and
use of the facilities and services provided for public accommodations (such as
eating, sleeping, rest, recreation, and vehicle servicing) constructed or operated
on, over, or under the premises,
14
(d) LESSEE shall use the land in compliance with all other requirements imposed
pursuant to Title 49, Code of Federal Regulations, Part 21 (49 C.F.R., Part 21)
and as said regulations may be amended. In the event of breach of any of the
above nondiscrimination covenants, the LESSOR shall have the right to terminate
this Lease, and to re-enter and repossess said land and the facilities thereon, and
hold the same as if said Lease had never been made or issued.
ARTICLE 13. SECURITY DEPOSIT
This section intentionally deleted per Right of Way Manual 15.05.05.02.
ARTICLE 14 ADDITIONAL PROVISIONS
14.1 Quiet Enjoyment
LESSOR covenants and agrees with LESSEE that upon LESSEE paying lease payment
and other monetary sums due under the Lease and performing its covenants and conditions,
LESSEE shall and may peaceably and quietly have, hold and enjoy the premises for the term,
subject however, to the terms of the Lease and of any of the mortgages or deeds of trust described
above.
14.2 Captions, Attachments, Defined Terms
The captions of the Articles of this Lease are for convenience only and shall not be
deemed to be relevant in resolving any question of interpretation or construction of any section of
this Lease.
Any marginal or clause headings on this lease are not a part of this and shall have no
effect upon the construction or interpretation of any part hereof.
14.3 Entire Agreement
This instrument along with any exhibits and attachments hereto constitutes the entire
agreement between LESSOR and LESSEE relative to the premises and this agreement and the
exhibits and attachments may be altered, amended or revoked only by an instrument in writing
signed by both LESSOR and LESSEE. LESSOR and LESSEE agree hereby that all prior or
contemporaneous oral agreements between and among themselves and their agents and
representatives relative to the leasing of the premises are merged in or revoked by this agreement.
14.4 Severability
If any terms or provision of this Lease shall, to any extent, be determined by a court of
competent jurisdiction to be invalid or unenforceable, the remainder of this Lease shall not be
affected thereby, and each term and provision of this Lease shall be valid and be enforceable to
the fullest extent permitted by law.
14.5 Time is of the Essence
Time is of the essence of each and all of the terms and provisions of this Lease.
14.6 Binding Effect; Choice of Law
The terms and conditions of this lease shall extend and be binding upon and inure to the
benefits of the heirs, executors, administrators or to any approved successor of the LESSEE. The
terms and conditions of this Lease shall be governed by the laws of the State of California, if any
legal action is initiated, the venue shall be in the appropriate court of the State of California in
the county in which the premises are located
15
14.7 Waiver
No covenant, term or condition or the breach thereof shall be deemed waived, except by
written consent of the party against whom the waiver is claimed and any waiver or the breach of
any covenant, term or condition shall not be deemed to be a waiver of any preceding or
succeeding breach of the same or any other covenant, term or condition. Acceptance by
LESSOR of any performance by LESSEE after the time the same shall have become due shall
not constitute a waiver by LESSOR of the breach or default of any covenant, term or condition.
Acceptance by LESSOR of any performance by LESSEE after the time the same shall have
become due shall not constitute a waiver by LESSOR of the breach or default of any covenant,
term or condition unless otherwise expressly agreed to by LESSOR in writing.
14.9 Notices
All notices or demands of any kind required or desired to be given by LESSOR or
LESSEE hereunder shall be in writing and shall be deemed delivered forty-eight (48) hours after
depositing the notice or demand in the United States mail, certified or registered, postage
prepaid, addressed to the LESSOR or LESSEE respectively at the addresses set forth on the
signature pages of this lease.
14.10 No Reservation
Submission of this instrument for examination or signature by LESSEE does not
constitute a reservation of or option for lease; it is not effective as a lease or otherwise until
execution and delivery by both LESSOR and LESSEE.
14.12 Force Majeure
If either LESSOR or LESSEE shall be delayed or prevented from the performance of any
act required hereunder by reason of acts of nature, governmental restrictions, regulations or
controls (except those reasonably foreseeable in connection with the uses contemplated by this
Lease) or other cause without fault and beyond the control of the party obligated (except financial
inability), performance of such act shall be excused for the period of the delay and the period for
the performance of any such act shall be extended for a period equivalent to the period of such
delay. Nothing in this clause shall excuse LESSEE from prompt payment of any rent, taxes,
insurance or any other charge required of LESSEE, except as may be expressly provided in this
Lease.
14.13 Termination of Lease
This lease may be terminated at any time by either party upon ninety days written notice.
LESSOR may also terminate this lease with a 30-day notice if:
(a) Premises is required for State highway or other public transportation purposes as
determined by the LESSOR or other public transportation agency.
(b) Premises are not maintained in such manner as to protect and enhance the highway
improvement and its environments, and LESSEE has failed to take corrective action
within 30 days of being notified.
16
In Witness Whereof LESSOR and LESSEE have executed this Lease as of the date first
written above.
Lessor: STATE OF CALIFORNIA
DEPT OF TRANSPORTATION
Lessee: CITY OF SOUTH SAN FRANCISCO
By: By:
Julie McDaniel
District Office Chief
Mike Futrell
City Manager
17
Exhibit A: Map
18
LEASE AREA:
FLA-SM-280-03
FREEWAY LEASE AREA FLA-SM-280-03
19
Exhibit B: Stormwater
20
21
STATE OF CALIFORNIA—TRANSPORTATION AGENCY RONALD REAGAN, Governor
DEPARTMENT OF PUBLIC WORKS
DIVISION OF HIGHWAYS
P.O. BOX 7791, RINCON ANNEX, SAN FRANCISCO 94119
March 30
,City of South San Francisco
.Recreation and Park Department
City Hall
South San Francisco, CA 94080
Gentlemen:
1970
4- SM -280 24,0
X)D=x LA 6000
Acct: 8254
Attached is an executed copy of that certain lease between
the State, as Lessor, and you, as Lessee, covering that certain prop-
erty located at west end of Clay Avenue andNlck!gy Boulevard, Exist 0
Interstate Route 2.0, Daly City, California
The lease is for a term
commencing June 1, 196 ,
The lease is subject to Lb�
by either party.
Of fifty 0Years
and ending May 31, 201-2
days' notice of cancellation
On the date the property is vacated, the keys to the prop-
erty should be forwarded to this office. You will be billed to the
date of the postmark on the envelope bearing the keys. If there are
no keys, a letter or post card should be mailed to this office the date
the property is vacated. The date of the postmark on either will be
the date through which you will be billed.
If, during the term of this lease, any question should arise,
please feel free to contact this office.
Very truly yours,
ALAN S. HART
District Engineer
�:
Attach.
4RW7o4
MILES A. MAYNARD
Right of Way Agent
STATE OF CALIFORNIA
JEPARTMENT OF PUBLIC WORKS INTERSTATE
DIVISION Or, HI GHWA YS
INTRA -DIVISION CORRESPONDENCE
TO: MR. J. A. LEGARRA Date: March 5, 1970
Attn: Headquarters' R/W Office 04- SM -280 24.0
FROM: Mr. MILES A. MAYNARD, Dist. 04, Property Acct: 6254
Management Proj. 140 22
I-280-1(42141
Approval and execution of the attached Frpeway LeasArea lease
in 2gptun.1A , on behalf of State is recommended.
Pertinent information is as follows:
I.
Lessee
2. Term: Fifty (50) yrsj3egins: June 1,, 1969 Ends: May 31, 2019
3. Property Address: nU9and Hickey Boulevard East
14 280s Dalyit California
4. Date Acquired: FOC 8/16/67 Grantor: Subarbanalt
5. Price Paid: Total
Land $ 798_326.84 Area 51+ ac/VX
ra 7^Ta.-----
Improvements $ ; Description Vacant land
Damages $
6. Proposed Use: Playground & park
7. Proposed Rental: $ 100,00 ear Previous Rental: $ Hone
8. Date of earlier agreement with same tenant: Rorie
9. Excess Land Involved: Yes---- No X Area ac/sf
10. Cancellation: gee X=j= Certification Date: ConStrw ted
Clause (20)
11. Property to be Leased: Land 33,250 7c=Isf
Improvements Anno
12. Non-standard provisions
and/or other information:
t APPROVED
See attached sheet. '�� Ian ked
J NO. RI"W OFFICE:
Reviewed by:
4RW-586 (Rev. 37-176-9-T---
Courn,,y and it juts
J
LpasP AT'r'u
'' •id0. Cid` -
STATE OF CALIF011tNIA
c7' Do 30y67OI/-e/
DEPARTMENT OF PUBLIC WORKS
DIVISION OF i LG''i iTS
LEASE covering premises knowh as ^ T'' `r
in the City of DALY CITY , County of
THIS INDENTURE, OF LEASE, mace, and Pntered into this
day of A?ori1 1.9 6q,
, by and betwPPri the c7TATE
OF acting by and through its Department of Public 'vTorks,
Division of Hil-hi,r&,•rs , ..�rPinaftPr called the
1� 4l tci Ll. and of SDulr:1 ._-..: ._ r•'r.'�_r-_..v ...__. �.. .. .-vY'?
1 . -
2:7 •__. L L.. JCA V J. L.�Lyli �.ts i --" on�
•l ._ i` Q�•fl'C��iti-�:'i{�;� irG i .1�L!_[LM e:F.'�J4•tiJ.
r.; Pi__ fear called the LESSEE.
W I T N E S S T
it_at the Lessor, _'or and in -.-ion of co._I
con"J" ons, agrePmPntS, and stipulations o_-L"t' C?
clops her,,by demise and lease unto t' --.I, Said l:-sseP, anu
here,.,y hir,�s from the Lessor,' the s::.. f ace and c- 2 fain
of tnose certain premisps situ -:-tom in the City •of d
of =:� ateo , State oio California, so:ilAtlmps
or Bridge Lease ',,-a No. said leas __-^a
ae�_ Zhown on the map or plat attacized hFreto mar,<Pd and
11
by thil s - eference :rade a part Lereof, and more ym-icularly
described as "CLAY AVE1-UE PAR -'C as -follows.
0_`_`•EENCING at a point in the State r: ;_1Tr7Gy r?t of 'Tay
line, which point lies approximately eleven feet
southwesterly of the intersection of said ri,-ht of way lire
and the back line of the southerly sidewdl=� of C ,� -„y ".venue
at its westerly terminus in the City of South Slain, Fran;;' sco;
"hence proceeding N. 30" 51' 15" E. along the sa' d rig:.t of
r� ,E .._1.."a 173-98 Feet; thence leavin said _ :. 4 ow gray n,�
W i,S 1 5" W., 52 feet; thence X. (° =' r 50 fee U
i.,hance 2r. 570 08, L5" w.87 =c:ei; -thence. S.. 2" 5', 15' ,,
y t
'cet; thence S. 20 0n' IL5 E - � ..'met; l;::Cii��:. �. o 15
85 fae �; thence S. 1" 21' 15:- W., 10 f ec:t;
21' w5 r. 55 feet; th_nce S. ['70 25' 22" t:.,:nce
.�1r .,. •Jl. i L .� ,eev J -o the S L. c)-i-ij-.3Y:c'jy R_� Vi
. av, :iu,Vimya'' beari of 1�.. 36o 51.' -15
sal- right of way line N. 300 51, 15'' E.5 110
oo'nt of beginning
AL „ISG a portion of
co_itaining 33,250 s:.aare feet.
�T 3EUINGS Al )ISIA.�Cr Bril.Cr
Sli.= 'C`r' -O all c:aac tC nLS, COV iu'P.' N y COnU. i��=i-0:n3 �� C G b:'is,
recorded a _Ci
TO 'r_Aw.:j AND TO HOLD the le: sed prem 7ses -or ether .._,_ l h C: appur-
Ll_LS, .:"1,nl;s, priV1_Leco, cinC:i i:asl.,..EsL1. _� C.11.:tuE LGn,
_n- o- ao',ertai;i n - un -Go - ',a Lessee fo=' the carr:. of fi= - (50) yCar: ,
co' menc n " on the . t day O1 :J unz., 1909, and ending; on the - -- day
o; Y�a:y, 2019, at a total rental of FIVE `' 0USA'-P) ;sn',` naxs,
($5,000), -,,ayable in annual iilStal.�:�:ents of1iL aG.V :: y !:Z cash,
to the Lessor, at the Office of t -he State Of kalif orn�"_al =_lri..iG of
Hi�htvays, �50 0 '.i Street, San rrencisco, Caiifor.lic , G-,-
P. 0. 3o._ J3o6 ancon Annex, San Franc-sco, Col -oi:)- 9' 9', G1 no
on the is d_;T of Tune, 1969, and on or before tric: --rst day of eaci'1 and
every Tune thereafter.
file
parties hereto Covenant and acree a
(1) 1ne le a s e d premises shall be 'asc(d dU�'in� _� C .__ f i_�--eof
exclus, Vol for t:'ie purpose of conte "ructi and opera -:,gin,, E,. L.nd
p1 y g r d area -co be known as 77C ay AVi": L-_- _':=.r1c
�2) The Lessee shall :no_,-calci1_itia.s 1" or no Z, on
the --asoline supply statlo-n-
desgr_eu -cr trarisporcation of 'asol-no
"- -- - = - ter.:. ._ ,' �.
vri i.L� �rerr�s;..., �i.or ..__.-•_L� �1,. _C
pro.: a,c -U'- ycer i. .._ 1. lied on i,Pe pr e.i.l Les .
\v ir.JrOVeTliefi s .~.ha c? y�yllCc:
prern���� those .,-ho l
END O_' .0.1
ane L e s� D.. __... __gig been ob .. _.amu __� °_ �i . - - _U
thi .'e payment os o�
May ap-oa
o, bates, it �.- ;C-:c--
as any contour grading, i U be at the written conse and approval of the
Division of Highrays, and subject to obtaining an Encroachment Permit from the
Division of Highways' District Permits Engineer.
(4) No storage of materials deemed by the Lessor to be a potential
fire or other hazard to the highway will be permitted, and the operation and
maintenance of the space will be subject to regulation by the Lessor to
protect against fire or other hazard impairing the use, safety, and appearance
of the highway. The occupancy and use of the area shall not be such as will
permit hazardous or unreasonable objectionable smoke, fumes, vapors, or odors,
to rise above the grade line of the highway, nor shall any activities be
allowed within the leased area which may be hazardous to users of the highway
facility.
Lessee agrees to place an appropriate sign at each public vehicular
entrance to the premises prohibiting vehicles which carry explosive or highly
flammable materials. Lessor shall furnish suitable signs to the Lessee and it
shall be the Lessee's duty to affix and maintain said signs during tenancy.
(5) Lessee agrees: (a) To pay all taxes and assessments that may be {
legally assessed, including any taxes or assessments on Lessee's possessory
interest, or on any improvements or equipment placed by Lessee on said premises
during the continuance of the tenancy hereby created, and recognized that such
tax payment shall not reduce any rent due the Lessor hereunder and any such tax
shall be the liability of and be paid by the Lessee; (b) To pay all charges for
water furnished to the hereindescribed
premises through a meter to be contracted
for by Lessee, if any; and (c) To pay all charges for electricity furnished or
supplied to or upon any part of the leased premises, if any; and that said
electricity shall enter said leased premises through a meter to be contracted
i
for by the Lessee.
(6) The Lessee is permitted to erect such directional or operational
signs as may be required. All signs shall be subject to the approval of the
Lessor. All signs shall be designed so as to blend harmoniously with the area
as developed.
) No vei:C ing o ar`y kind or charas: ter sra L I. bt: co!:Guc-Lqd
permitted, o_ allo,.,j:d upon the .'eased premises.
Lbs l he LeSSEe S'1all, at his Sole eX;iense, ti ep and i;ain-'_ ain the
leased ;Jremises and the area Outside: thereof lyin(' ., bntween t_ Boundaries
Of the prem.i Ses and the adjacent street cul-bs, free of a'_- .1ra5s, t,/(eds,
de:sris an_inflamraable materials )f every doscr _;3f,, an:: _ a, times
in an orderly, clean, safe'_, and sanitary coiiCz.it'_on. r: scan-da_"d cf
cleanliness, consistent with the _location of the area as an ad'Junct of
the Sta-ce of California Highway System, be ro uired.
% rhe Lessee sha_I secure all necessary p:rr1;1tS rCC7Uirc-CS ifi
connect _3n With i,he operations on the leasee' premises c":nd shE-i 1 rV: _`1 w? th
all itC :.� _, State and local s-atut s, ordinance S, cl- which may
affect -`_,' any _..sect Lessee's use of the leased
f,i; �'ae.ssee, at Lessee's own cost and e: u_ncain
s a i a' ,E'_.:_ Z s , i ncluding, but n3-1-1 1_—mite d -�o n;ainter r a? 1
drlvew_: " and ences heretofore, or herca :er installed;
Cltwithout =1'U:., iiZ::i,1 or t'ne 1roSt Q pri TliS%S dura.'.
lease .v Les2Le, his employees or agents, cr third p-Lz-1;e-s, __ :c(. --hat
the L�F =3J a. muV, at, his expense, install and aintain S:.c': addit�
entrance:: �s ::.ay be rc-quired by '':iis use of said premises, subject a
approval as to 'cne location thereof by anC' 31vV^?de^, 1 7::,cr,
tiic C " _ _, .%Ssec _L, r _f s stole expense shall 1.(J,lJ ._l V iiU IjC i.lyGln
sidewalks on,` driveways at all lccatio.nS 6+/1.' - such addii.? :✓i;aI en -1 ---an ccs
are l S ul..Cl 7'Le LesJet `r1G_1 -k--ke all ste s neccssary to o" �,
..civ2ly
rote-- - '..I Cos The mss shL11L be liable to and sha? _ r irl:�ursr:
the Lesse- f r any damag2 to Said .cc ,nceS and otter_r irec:'/G`! appuT_2ncnces
In any vJav resulting from or attributable to tl c. use. ane, `,.ccupa:.Cy of
Said p1: iitiSi 5 by t'ne Lesser , or attV Jerson eri"tori nC� uJ•�n Ci"t:' Sade wi t'fl
the conSCr —L% of the Lessee , expressed or im'Diled . P="GpsE:c a n s Or
'Fence
r :1C� tj
Qr1VFlF:'Gv:._
, C;�cn1nCS, VJfLecy rails, surlQC1end 1i:"1'ng shall be
filed and a;Jproved by the Lessor prior to the c3_nmencennen;, oiF any
worn by the Lessee.
Tf:a"� t`li s lease is made upon: the expr�`ss Condit=on 'h t the
St Cali_orniG, ics o-=iicerS, agents and c7 rap Ioyr.es car..- to be Tree Trom
a]_1 J11=ty nv. ciain for dar.:a ,e re'cson o1 Z'irrj,` Injury to any J�:r3on
ofLPSSCE, or pro;)er"c,/ 0 _v: a :C: ..G
VJh, b: _:_nging, lncludIng LessPc , 12-;.rii any C a U = '' C; .0 �'- 5
hin;.i:- �_::, 7,r 111 any .!ay connected `t:'_.�i: t11� s�1_-. _ J=e::� , or
thk'o at -'-he2reto du-ir:ci i1he c• C." _... se or aiiv e�:,sion
he rt;,.: ar.y o`cL:oancy hereunder, esse.c .>>e 'V CO _. ur:d ire.
tJ it;.., ...:��y I -gid -avr harmless the State o�_ Ca=.i c r.� ins ri Cers ages s,
Gr!dV C S m all liability, loss, cost, Qi C cb _t� •,,IL..
ar �f any such in ju_ i e s -or l ossE s .. !`v r "ccUrrIP,
(12) Lessee shall, at his own expense, take out and keep in force
during the within tenancy, (a) public liability insurance in a company or
companies to be approved by the Lessor, to protect the State of California,
its officers, agents, and employees, as a named primary beneficiary, against
any liability to the public, incident to the use of, or resulting from injury
to, or death of, any person occurring in or about the demised premises, in
the amount of not less than $1,000,000, to indemnify against the claim of one
or more persons resulting from any one accident; and, (b) property damage or
other insurance, in a company or companies to be approved by the Lessor, to
protect the State of California, its officers, agents, and employees, as a
i
named primary beneficiary, against any and every liability incident to the use
of or resulting from any and every cause occurring in, or about, the demised
premises, including any and all liability of the Lessor for damage to
vehicles parked on the demised premises, in the amount of not less than
$1,000,000
Said policies shall inure to the contingent liabilities, if any, of'
the Lessor, and shall obligate the insurance carriers to notify Lessor, in
writing, not less than fifteen (15) days prior to the cancellation thereof,
or any other change affecting the coverage of the policies. If said policies
contain any exclusion concerning property in the care, custody or control of
the insured, an endorsement shall be attached thereto stating that such
exclusion shall not apply with regard to any liability of the State of
California, its officers, agents. -or employees. Lessee shall furnish to
Lessor a certified copy of each and every such policy within not more than
ten (10) days after the effective date of the policy. Lessee agrees that,
if Lessee does not keep such insurance in full force and effect, Lessor may
take out insurance and pay the premiums thereon, and the repayment thereof
shall be deemed to be additional rental and payable as such on the next day
upon which rent becomes due hereunder.
-7-
Prior to occupying the leased premises the Lessee, as a condition of
the lease, must furnish certificates of insurance. Said certificates in blank
will be furnished to Lessee by Lessor upon request.
It is understood that the Lessor specifically reserves the right to
increase the amount of public liability or property damage insurance required
under this lease. Upon thirty (30) days written notice of a change in
insurance requirements, Lessee mush furnish additional certificates of
insurance proving that it has complied with the new policy limits adopted
by the Lessor.
(13) The Lessee shall not assign this lease in any event and shall not
sublet the leased premises except with the prior written approval of Lessor.
No holding over by Lessee shall operate to renew this lease without
the written consent of the Lessor endorsed thereon.
Should the Lessee hold over after the expiration of the term of this
lease, with the consent of the Lessor, expressed or implied, said tenancy
shall be deemed to be a tenancy only from month-to-month subject otherwise'
to all of the terms and conditions of this lease so far as applicable.
(14) The Lessor specifically reserves the right of entry by any
authorized officer, engineer, employee, contractor, or agent of the Lessor
for the purpose of inspecting said premises, or the doing of any and all
acts necessary or proper on said premises in connection with the protection,
maintenance, reconstruction, and operation of the freeway structures and its
appurtenances; provided, further, that the Lessor reserves the future right
at its discretion to immediate entry upon the leased premises and to take
immediate possession of the same only in case of national or other emergency,
or for the purpose of preventing sabotage,
-8-
and foo the protection of said f rec-„:ay s ty uctu_Y cz, in ,,j ich event
the -o-I i7 of this lease shall be extended for a period eouai to
the �rg4ncy occupancy by the Lessor and durinr, said period
lessee: S -gall be relieved from the performance of all condit:ionS
of covenants specified, herein.
(tea) phis lease shall not be recorded.
(l J he Lessor hereby covenants and aorEos with the
Lessee that the Lessee, iceepin and p--riorminol, the cove aritS and
afire .n,ents here -2--i contained on the part of the Lessee to be kept
and ?erfGr:,ad, shall at all t:imas duri_n-g -GI-Le said tenancy ,x
quietly hav-0, _sold and :.t jvy 1easc.,:_ Jr �;m—J_Ses
trouble or hindrance //r�
-/, .a J T'i L �J” reed, _ _ -. '1 'l T 7 �'r. 1_ ' . "'l J ti... a.i ...
•.': L. ._ , nd i L iS ur Vher agt a.t��.-, c:..v .:..i ...., oy i �..iL :�.. _:.. �.� � n u,ne
a:. __. pwiI after the Name shall or
LE -S -see shall not psi `'orm a a :L'u-,J 111 each :_a of
.i_c a;G_'.di �ivris F 't ti
covenam.-_- herein veil"Gu""Li e i to be
�c:-., �SSCv; Gr _� a s =tion =:r1 ba' �L :p k, ID a ---wG
r/'.�J r� s s/.Lj.c U a c oni a'Z, .�-n Glv.je }li:i� l.3_• �� any _)_'�.�i.
���. .. .•V UV.I..! ec V ./his lease o1 Vhe ii,i e,. -a wCJ 1� v�_' i'••Al
- _--- Ci_ c il� Qt.l eX�cu � o� _, G 1_ _yLv
♦.. .J>.. _L �... a. .. .- V � vim"it of cri dltors y
vhe leased pre:::�ses r or ,o_�,` ti. �__ co��cinue"w;;
01 If i.:::sSeE: a.ttC:,.vLS t0 SC:i ll or :,:_I:;i a.L�.:.3e L7ith0ut
consent of Lessor; saiu act oiacts of G :;i .>iOP Or
5sion may at the option OL the Lo6sor conc--,-i tL te, a
ort ture o_ all ri-hts under the vcidi �,-:I of L.__u "-.Le er_d`Ln oll
_ JI.L O_' 1;iliS lec.SG, and
the f u.. Gher ocl,c.cpLnc�y of - :.t leaseNA-,
:aes a ter such forfeiture by :: : ( _ S< shall be dc:e-.m'.il held
:�_�_ as a i'orcible detainer therccf by said lessee; an-' said
T.0- i�ithout notice re-enter end taf�e poss�asicn therco�n rith
o- vif.-clout f'or'ce, and with Or without le�,,al _ `"v:. js, evict and
diSpozsess said Lessee from said above leased premises; and i
:^y su_ :,u is oug,:c byane Lessor a� .ln's- :'Ieccver
^ :_ r t' 1, r-'
<:_;i,� �' ;i.�, or of �,lze breach o' any
cortai_.Ld ;;y said Less�:e, ci^ u: y su :r.' _' " cL�:�:= c� ;ht by
,.a .-. r r f - i 1-''-� ', c -�
- ..os0 �•Oy ^vrie:L:.L_r'G Ci_ �l_iS .�Gu.�Ji:, or
poss(.�sion of saic: 1,_:ased p=-e:.jises, said
a ;t-orrney ° s fees and cost'or ccrnr�e G._u p= o::Lc � ,ing
-in an wmoa_.t not five
Lv' I--Lc'h sh,11le- eSC:C :'tc i. eCi and f ixec? by k-lhe
-DI t1ae eveTtt O -Uhi� tar::,inatio.a of
a'ion thereof, o_ _ or any oche-
paa--eably Lnd quietly leave, S,rrend --r- w__:. y� t _C 'U
0
1:�. „i ,�..V1 c:...,i aiC» uL�jl.:�3.ar 1i11P. 1�: i:..0 ei.: A)_'r..1 i>l?�+ ;-I.L lii� atL.�ti c::Jp
r
ana f l_itur::s i'n f;ood order, Condit=G_ anuC �'1: �a�r, i'cas3n le use
and :•iear and damage by earthquake, fir.-., public
calaraity, by the elements, or by Act of God, exc peed. '.ny -,L' s
or GL__er appurtenances placed o:. sa premi,sc.s ;;o any
p-...
ovision hereof are the personal prc_cey ty of Les eo and shall be
_-emoved by Lessee upon the termination of the lease ar_d sa: d
prE;--L .os shall be restored to their previous condi"cio L With the
excc, _f on of surfacing, curbs, wheel mails, colur::_i -:ia;,d6,
lc. dsc -a-cing, drainage facilities, fencing and gates, all at t Ia
c, po_ sa of the Lessee provided that if any such Or- other:,
c_ __'"c;S::ances are not so removed after thirty (30 j d ..y_
nc:sloe from the Lessor to sG.i(: Lessee, c::e Lessor r,.aJ p_-'OCi:4c;
",o remove -aha same and to rest0're the premise..; a.ndu r,:.e
;he Lessor upon demand Cos"- a,-_ z:x".-)... _
such re:,cvai and restoration, or the Lessor imay, i_,i
3o_k -e �' _ ,cretiGn , eleCt to de_-laie t e
� za,te, whe; 2upon all -:'L-ht-, title and interest of v__c:
�_.. ira11 forthwith terminate.
is the essence of each and a_l o _(.e teaXAZZ
NrGvi e:^�; of this lease.
(19) Notwithstanding ary"Uhi.nL con,--aincc ;;o the
co:�t��a y, anis lease may be terrainaze_ a:. d LI -le
s.�a s> .:lay be alt,;•red, changed, or ar.i;:�%ded by I i �t"i:c _ f G;,">Cznt of
X20) No vv Ln LdI 11
o the contra phi_. y
y 'time by do Lc' .c u,�Dcr si;:
noL1Ci: 1 U Inc �O'V VC'1 h
elo17. 00Ve, V'J11"',Irl'2c,,,1.at-C y vo,C i C Ii 1�wT'4:
or any por4 on l_heroo as may .Jv s4 iµ
ur,dc�� , shou_c _ .at=C,;m,�
i, G '_..-_ y� ^ �� i l '� - �� 'L) S . V _ P 'J P. 0 :. o
radion o-
J T
-n expansion or reconstn ,% II c�'.n
1 10n O1. tfic ;a'S_G 0 c::'.1S0i L L.sS0r s:nVG:
S
._,_...�cc: s.LX o) %Oi;�`�his O -r'io ._ +.!_Vf,'.ti .F:
�. �J 0T1c0 sn l ^V G,U i'- LC:...
as shown 011 �C�, �-' � _i� '.�.G •j .'; ]. iC?d.- -
cr CanCdi2 10_. ^r�l 2
:i Cnw---Y . FOX PIDZ; i rwiiC�_= ._
O P.O. %OX 7
C ._1 f 0rni 94119
(21) Not w--' 1. {'..r; r-:". lra CCr.n-
Cavi: C o � ar.O!ZT�c_"y� .ti ]. u:'. i'rrLUOCl ranrj- ao.rcoci
by and
Shall-, ? Submit deta:i Iecl G? [i i,• s Cov.'rinq :a''..�
4 r1
to 1-*- of ac d othy_ c' a --ed p ye li4u eas Lr
(3) herein.. F u zr1e , a doz i lcci 11:;T. •i 6
plants shall be submits-wedFoo- -.apraval P--.Ior :.0 1..
stallat'Lon. All construction 0-17 Pav-r;,9,
yr z , naQL L rak.i.L>. 4 4 - s be 1:'i LA.rV "i.{•. •wa. yY ._ ^
o n g _ s
fir^.Ci �i c''CY I Catlauod by .a'i.a u _ r•. _ . : .i _ ,
_ °-rasorttion Agency, C
J^Vayp
}: �k . DivisJon of r3�,nways, .�.... ...u'y l�,�c�f:. f.
r _.. orcLd COr>crete Pipe:_. Sh,OL.wd 01 ass _ D
;�d �wOp "_rI--a.:i ,slat
{::o:... coal:,_ .
Ch'1 5 sha l! a.;. vo agprop7'
(22) The termiz-, 8-16 proviGior.z;
a_—xtend -co au :.a bi:cineu10o :�o
r a
,bi-: e! -Fits o` aha heirs, axecu•tors,
Loany approved yucca ;:sor ar Gtsih=aa
Gs �ral� as to any 0--.
2")- it i.a -:r+c.
»� ..:. . , 6s o hereby
w' ,
in �...'�=:fir 4V: _....
s>ry Slop(? 'Incl drain4gc work.'.'mi, i `.i`
l.pc,-. ':7:":>; C?', L.. -n
s1o3. ,.nd drainage work. � /
4hi
1r,e existing ..otAJcc .�^..W4:C�
gatems ui_ o-
3i al1 _ in :Ln PlacC � arld.
,u -:P 'L....,.. ati ho r:. i Eyc.?c:;i: _., Ci' _`S Cti:..,,._" :.`...i+
--ney shall
r ,
composite p-.... rjj•�-4�_.
(2L`.) .. d3 it.l=tL 1]L. .wa....__ ...rt.Ro �' w .....r ..
��o' S 7_ i.. LC �7caLiv_ .' Q -)eL-0 air
a- L-:._igh,t parking oz motor es as WLR 0
-o i : -r.irg or. or about the
(�5) The lessee, for himself, his personal representatives, success-
ors in interest, and assigns, as a part of the consideration hereof,
does hereby covenant and agree "as a covenant running with the land"
that (1) no person, on the ground of race, color, or national origin
shall be excluded from participation in, be denied the benefits of,
or be otherwise subjected to discrimination in the use of said
facilities, (2) that in connection with the construction of any im-
provements on said lands and the furnishing of services thereon, no
discrimination shall be practiced in the selection of employees and
contractors, by contractors in the selection and retention of first-
tier subcontractors, and by first-tier subcontractors in the selection
and retention of second-tier subcontractors (3) that such discrimi-
nation shall not be practiced against the public in their access to
and use of the facilities and services provided for public accomamodations
(such as eating, -sleeping, rest, recreation and vehicle servicing) con-
structed or operated on, over, or under the space of the right -o_' -ivy,
and (4) that the lessee, shall use the premises in compliance ,fith all
other requirements imposed pursuant to Title 15, Code of Federal regu-
lations, Commerce and Foreign Trade, Subtitle A, Office of the Secretary
of Commerce, Part 3(15 C.F.R., Part 3), and as said Regulations may be
amended. In the evert of breach of any of the above nondiscrimination
covenants, the State shall have the right to terminate this lease, and
to re-enter and repossess said land and the facilities thereon, and hold
the same as if said lease had never been made or issued.
I
15 -
'I u
-- ,- -.,-! b- he reto as o -P phi i,
L
f -', i -s t abov-- written a ci 'n -,, j v and thzou�-,h ii
CD
anCl officials h,?,.v-_', b-_1L"l-lercunto
Uy 1---so-lut'-ion reo,ula-i--Iy int-roduced a ci
LD
2s Et"-a-hed.
L!
_0
'.)r, ari,,
Sta-, uc ol' Call-l-forni'a.
B Y
i:;y
I)Fl)u l3�
LEASE AREA NO. 6b0O
20°51' 15 11
c,
/G'O�ive
� Gate
Al
Plonfs n !
� N 79
I'a
.3ark PiY a,
s I
P/ay Are o
Recreafion
Area
prt7rnag'c c�
Inlet
Junction
r3o�
J
^ 'M
praina9e
Mel` ,C
L akVe?, 3C. 7C/7es,
A Ta'61es ❑rl
Chain Link
Fence �,
55`j~ s Drain.
�54;� °25'2-Z't 7nlel
Con: f Area
Lea sed firea