HomeMy WebLinkAboutReso 102-2020 (20-507)City of South San Francisco P.O. Box 711 (City Hall,
400 Grand Avenue)
South San Francisco, CA
City Council
Resolution: RES 102-2020
File Number: 20-507 Enactment Number: RES 102-2020
RESOLUTION APPROVING AN OUTSIDE SEWER
SERVICE AGREEMENT WITH THE PROPERTY
OWNER OF 413 ALIDA WAY (APN # 013-141-020),
AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THE AGREEMENT FOR RECORDATION.
WHEREAS, the City has received a request from Navdeep Bhakhri, owner of 2 -story single family
residence at 413 Alida Way (APN 013-141-020) (the "property"), to authorize a sewer flow increase
from the property to the City of South San Francisco's ("City") sanitary sewer system; and
WHEREAS, the property is located within the unincorporated portion of San Mateo County ("County"),
commonly known as the Country Club Park subdivision, which is outside the jurisdictional boundaries
of the City but inside the City's sphere of influence; and
WHEREAS, in order to assist residents of the County Club Park area eliminate obsolete septic systems
and move forward with related property improvements prior to annexation of the area to the City, the
City has entered into several outside sewer service agreements with various property owners in this area
to permit them to connect to the City's sewer system subject to certain conditions of cost-sharing,
infrastructure construction and consent to future annexation; and
WHEREAS, the property currently receives sewer service from the City pursuant to a City Council
approval in 1961; and
WHEREAS, the owner desires to develop the parcel by constructing a second 2 -story single family
residence, which would exceed the previously permitted sewer flow under the 1961 approval; and
WHEREAS, the City is agreeable to permit the increase of sewer flow resulting from the proposed
development, subject to the condition that an Outside Sewer Service Agreement be executed between the
City and the property owner and recorded against the property; and
WHEREAS, the Outside Sewer Service Agreement ("Agreement"), attached hereto and incorporated
herein as Exhibit A, addresses issues relating to extending sewer service to unincorporated County area
such as waiving future protests against proposed annexation, payment of sewer connection and service
fees, cost -share of public improvements and additional sewer facilities needed to serve the area, and
construction and maintenance of a sewer lateral for the property; and
WHEREAS, the Agreement has been reviewed and accepted by the property owner, and upon execution
City of South San Francisco Page 1
File Number: 20-507 Enactment Number. RES 102-2020
would be recorded with the San Mateo County Recorder's office; and
WHEREAS, staff recommends approval of the Agreement to be executed with the property owner of
413 Alida Way (APN 013-141-020).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that
the City Council approves an Outside Sewer Service Agreement, attached hereto and incorporated herein
as Exhibit A, to be executed with the property owner at 413 Alida Way (APN 013-141-020).
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the agreement in
substantially the same form as that attached in Exhibit A on behalf of the City of South San Francisco,
and to make minor amendments and modifications thereto that do not substantially alter the terms of the
agreement or increase the City's obligations, subject to approval by the City Attorney, and to record the
agreement in the San Mateo County official records upon execution.
BE IT FURTHER RESOLVED that the resolution shall become effective immediately upon its passage
and adoption.
At a meeting of the City Council on 8/12/2020, a motion was made by Mark Addiego, seconded by Mark
Nagales, that this Resolution be approved. The motion passed.
Yes: 5 Mayor Garbarino, Vice Mayor Addiego, Councilmember Nagales, Councilmember
Nicolas, and Councilmember Matsumoto
I
Attest by � A �2 �
Rosa G v a Acosta, City Clerk
City of South San Francisco Page 2
Recorded at the Request of,
and Return to:
City Clerk
City of South San Francisco
400 Grand Avenue
South San Francisco, CA 94080
With a copy to:
San Mateo LAFCo
455 County Center, 2nd Floor
Redwood City, CA 94063
Exempt from Recording Fees
per G.C. secs. 6103, 27383
Re: APN: 013-141-020
OUTSIDE SEWER SERVICE AGREEMENT
RECITALS
WHEREAS, the City of South San Francisco, California, a municipal corporation
("City") owns and operates public sewer facilities within its boundaries; and,
WHEREAS, Navdeep Bhakhri and Poonam Bhakhri` ("Owner") are the owners of
property located at 413 Alida Way, South San Francisco, County of San Mateo ("Parcel"),
which property is outside the boundaries of the City and is therefore not entitled to connect to or
use City's sewer facilities, but is within the City's Sphere of Influence as defined under state
law; and,
WHEREAS, the property is identified as APN 013-141-020 by the San Mateo County
Assessor; and,
WHEREAS, Owner desires the Parcel to receive sewer services from the City; and,
WHEREAS, City has agreed to allow such sewer connection and provide sewer services
subject to the terms and conditions of this Outside Sewer Services Agreement ("Agreement");
and
WHEREAS, on the City Council of the City adopted a
Resolution approving this Agreement which would enable the application to the San Mateo
Local Agency Commission (LAFCo) requesting approval for extension of sewer services to the
Parcel pursuant to Government Code Section 56133; and
WHEREAS, on , Owner has submitted such application to the San Mateo
LAFCo requesting approval for receiving sewer services from the City; and
3498640.1
WHEREAS, as a condition to said sewer service connection, LAFCo has required the
Owner to evidence consent to annexation to the City and waiver of protest to such annexation in
the event the Parcel were to be proposed for annexation to the City; and
WHEREAS, Owner desires to evidence such consent and waiver as aforesaid; and
WHEREAS, Owner understands that any future annexation to the City is subject to any
and all City rights and determinations, whether legislative, quasi-judicial, administrative, or
however characterized, with respect to any proposed annexation of the Parcel to the City.
Now, therefore, City and Owner agree as follows:
AGREEMENT
Owner is hereby authorized to connect to City's sewer line, located within the right of way
running along Alida Way , subject to the following conditions:
1. Consent to Future Annexation. In the event the Parcel shall be proposed for annexation to
the City, Owner hereby consents to said annexation, and hereby waives Owner's rights to protest
such annexation pursuant to the provisions of law governing such annexations.
a. Taxes or Other Charges. In the event annexation of the Parcel to the City shall be
duly approved by all agencies having jurisdiction thereof, Owner agrees that the
Parcel shall be subject to any and all general, special, extraordinary, or additional
taxes or assessments, or any and all general, special extraordinary, or additional
service charges, fees, or rates, levied against, imposed upon, or otherwise pertaining
to the Parcel by any and all agencies, including the City, having jurisdiction thereof in
the same fashion as other like property located within the territorial limits of.the City.
2. Improvements in the Event of Annexation. If a request for annexation is approved by the
San Mateo Local Agency Commission ("LAFCo") the Parcel is annexed to the City of South San
Francisco, Owner, on behalf of themselves, their successors and assigns, agrees to comply with
either of the following conditions:
a. Design and construct public improvements including sidewalk, curb and gutter
improvements for the Parcel. Accordingly, Owner shall, upon the request of City an
in a form provided by the City, execute a subsequent Deferred Improvement
Agreement guaranteeing the construction of such public improvements and
compliance with other permitting, security, and regulatory requirements for
constructing the improvements. A form Deferred Improvement Agreement template
is attached to this Agreement as Exhibit A and incorporated herein by this reference;
or alternatively,
b. Pay for the design and construction of public improvements including sidewalk, curb
and gutter improvements for the Parcel, by paying a one-time charge, hereafter called
a "public improvements fee," for the purpose of funding construction of said
improvements from the property to the centerline of the street or roadway, covering
one-half of the street or roadway. The public improvements fee shall be a figure
3498640.1
representing the cost of constructing such improvements from the property to the
centerline of the street or roadway. Thus, as an example only, if the cost for
constructing a sidewalk, driveways, curbs, gutters, two-inch grind overlay to the
centerline, design costs, and contingency for a property is estimated to be $160 per
foot, for a parcel that has 100 the cost of constructing said improvements would be
approximately $16,000.
3. Owner, on behalf of themselves, their administrators, heirs, assigns, and transferees,
agrees to pay a pro -rata share of construction of new sewer facilities installed, owned and
operated by City, if the City secures the funding for such facilities, for the purpose of providing
sewer service to the area, including the Parcel, known as 413 Alida Way_.
a. Accordingly, Owner agrees to participate in an assessment district to fund
construction of new sewer facilities serving the Parcel, or
b. Alternatively, pay a one-time charge, hereinafter referred to as the "frontage fee", for
the purpose of funding construction of said new facilities. The frontage fee shall be a
figure representing one-half of the cost of said improvements, apportioned to each
parcel served in a pro rata fashion, and then applied to individual parcels according to
the amount of each parcel's frontage to the City's facilities, measured in lineal feet.
Thus, as an example only, if the frontage fee were established in the amount of $244
per foot, a parcel that has 100 feet of frontage will pay $24,400.
4. Owner shall, where a sewer lateral does not exist to serve the property directly, construct
the sewer lateral at their sole cost and expense. Owner shall obtain all applicable permits,
including any construction and encroachment permits, prior to commencing construction. All
work shall be in accordance with plans and specifications approved by the City, and Owner shall
reimburse the City for all costs of engineering and inspection incurred by the City for the sewer
lateral extension. In addition, Owner shall obtain a permit from the City to connect to the sewer
lateral and shall pay all applicable permit charges prior to beginning any on-site construction.
Further, Owner shall be responsible for the maintenance, repair and replacement of the sewer
lateral.
Owner agrees to pay a one-time sewer connection fee and sewer services fee as follows:
a. Owner will be charged, and shall pay, (1) a one-time sewer connection fee; and (2) an
annual sewer service charge, both under then -applicable schedules of rates and
charges, as may be amended from time to time.
b. Should Owner fail or refuse to pay the sanitary sewer charges required herein on or
before the due date, the City may elect to collect said charges by commencement of a
suit within 30 days after demand for payment and Owner shall pay all costs of the
suite and reasonable attorney's fees incurred therewith. As an alternative remedy, the
City may require Owner to disconnect from the City's sanitary sewer system at
Owner's sole cost and expense.
6. The sewer connection and subsequent service provided under this Agreement is limited to
existing legal lots of record as of , or lots existing on the Parcel as of
3498640.1
the date of this Agreement, whichever is fewer. City is under no obligation to provide additional
hookups or service to subsequently created lots on the Parcel. This requirement is not intended
to prohibit a lot line adjustment, so long as it does not result in creation of lots exceeding in
number the lots which existed on the Parcel on , or lots existing on the
Parcel as of the date of this Agreement, whichever is fewer.
7. The Owner shall pay for all City costs in connection with preparing and processing this
Agreement, and with processing the Owner's application for sewer services. The Owner shall
submit payment with the City for $1,655.
8. Owner shall conform to the current City standards for sewer lateral construction,
maintenance and inspection including those set forth under South San Francisco Municipal Code
Chapter 14.14, most currently in effect and as may be amended from time to time, between the
City main and the Parcel. Owner shall be responsible for the costs necessary to perform any
inspections, testing, repairs, reconstruction, replacement, and/or clean out installation as required
by the City Engineer to conform the sewer lateral to current City standards.
9. For all future developments and constructions on the Parcel, Owner agrees to conform to
the relevant height, aircraft noise, and safety policies and compatibility criteria contained in the
most recently adopted version of the San Mateo County Comprehensive Airport Land Use Plan
for the environs of San Francisco International Airport.
10. Owner shall and does hereby agree to hold the City, its officers, agents and employees
free and harmless from any claim or action arising out of this Agreement, and the said
connection to the City's sanitary system and/or the connection into the City's sanitary sewer
system, and owner shall and does hereby agree to defend any or all such claims and actions and
to indemnify the City for any losses sustained as a result thereof.
11. The parties hereto acknowledge that this Agreement is subject to approval by LAFCo,
and shall not be effective absent such approval. Owner agrees to prepare all necessary
application materials, and to pay all required fees, in connection with City's application to
LAFCo for approval of this Agreement. If LAFCo agrees that their approval is not required,
owner shall provide a letter from LAFCo indicating this.
12. The covenants and conditions contained in this Agreement shall inure to the benefit of
and bind the respective parties hereto and their successors, heirs, assigns, and transferees, and all
covenants shall apply to and run with the land.
13. City and Owner agree that a copy of this Agreement shall be recorded with the County
recorder of San Mateo County to give constructive notice of its terms, and that this Agreement
shall not be effective until such recording.
14. This Agreement represents the final expression of the parties hereto with respect to the
included terms and as a complete and exclusive statement of the terms of the Agreement. No
modification of this Agreement shall be effective unless and until such modification is evidenced
by a writing signed by both parties.
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15. CAPTIONS. Paragraph headings as used herein are for convenience only, and shall not
be deemed to affect the meaning or intent of the paragraph headed thereby.
1N WITNESS WHEREOF,
the parties have executed this Agreement, as of the date set forth below.
CITY OF SOUTH SAN FRANCISCO PROPERTY OWNER(S)
Charles Michael Futrell, City Manager . (signature)
(printed name)
ATTEST
(signature)
Rosa Acosta, City Clerk
(printed name)
APPROVED AS TO FORM
City Attorney
3498640.1
Property Owner
Property Owner
EXHIBIT A
Recorded at the Request of,
and Return to:
Exempt from Recording Fees
per G.C. secs. 6103, 27383
Re: APN:
DEFERRED IMPROVEMENT AGREEMENT FOR OUf SIDE 9V4EP, SERVICES
This Deferred Improvement Agreement ("Agreement") is r9ad nd entered into this
day of , 2019 ("Effective Date" ),,by an 'between City of South
San Francisco (hereinafter the "City"), and (her nafter "Owner"). The City
and the Owner are collectively referred to herei t irties."
RE' AL
A. Owner owns certain re," roperty Med in the City of South San Francisco,
County of San Mateo, State of California, . only referred to as APN:
The parcel is hereinafter referred to as th4r"Sufiject Property".
B. The Subject Prope°1y is outside the boundaries of the City and is therefore not
entitled to connect to or Dse City's s6_ er facilities, but it is within the City's sphere of
influence as def ned'b`y. state law.
C. /The -Owner, desires to utilize the Subject Property's existing sewer connection
in order to xtbeNe-sew6i, services from the City, and the City and Owner have executed an
Outside, wer'Serv'goe Agreement, attached hereto and incorporated as Exhibit A.
D. A6ndition pursuant to the Outside Sewer Service Agreement for the Subject
Property require the Owner to complete the following public improvements:
(hereinafter the "Improvements") upon annexation of the Subject Property to the City. Owner
shall be responsible for the cost of designing and constructing the Improvements when
requested by the City as outlined in Section 2 below.
E. City requires Owner to enter into this Agreement to ensure that the
Improvements shall be designed and constructed by Owner pursuant to the terms hereof upon
annexation of the Subject Property to the City. City also requires Owner to obtain all
necessary permits for access and construction of the Improvements, and to enter into any
other necessary agreements to allow for the construction of the Improvements.
F. Owner is willing to enter into this Agreement to design and construct the
Improvements at a later date upon annexation of the Subject Property to the City, and under
the terms and conditions set forth herein.
AGREEMENT
NOW, THEREFORE, BE IT AGREED as follows: '
1. RECITALS. The foregoing recitals are true and correct and are incorporated
into this Agreement by this reference. 10
2. IMPROVEMENTS TO BE CONSTRUCTED. Owner agrees`todtsign and
construct or cause to be constructed the Improvements outlined& Recitaf D al ove. The
Improvements shall conform to all applicable local, state and fader\il laws, and standards in
effect at the time of construction, and shall be completed ir%a manner iisfactory to the City
Manager or designee.
3. TIME OF CONSTRUCTION. Owner'§ obligation to design and construct or
cause to be constructed the Improvements shalfcohimtdceRppon a request for annexation is
approved by the San Mateo Local AgencyPbmnmissidn (�LAFCO") and the Subject Property
is annexed to the City of South San Franclsco—Upon annexation of the Subject Property,
Owner shall design and construct or cause to be constructed the Improvements within the
time set forth in a written demand from the City Manager or designee, who shall have the
sole and exclusive right and power to deteftnin- the date at which construction of the
Improvements shall commen,96 and be co�,nnpleted; provided, however, that Owner shall be
given at least days after notificaeton to complete the work.
4. COSYOF CONSTRUCTION. The Improvements shall be designed and
constructed at the sole 4,ost and_ expense of Owner, and Owner shall pay such connection,
inspection, and,other esus shall at the time be required by any ordinance and resolutions of
the City. The`total� &s'
tiinatd cost of construction is ($ ),
which includes, costs,ofconstructing the Improvements and for inspection, testing, permits,
and City admittistrEttimi%
5. A iPROVAL BY THE CITY. All work required under this Agreement shall
be subject' to inspection by the City and shall not be deemed complete until the City has
indicated in writing that the Improvements have been completed in a satisfactory manner and
in accord with all applicable local, state, and federal standards then in effect.
Notwithstanding the foregoing, City inspection, approval or acceptance of the Improvements
shall not relieve the Owner of its obligations to fulfill this Agreement as provided herein, nor
shall the City be estopped from bringing any action for damages arising from Owner's failure
to comply with the terms and conditions of this Agreement.
6. ONE YEAR REPAIR AND WARRANTY PERIOD. For a period of one
year from the date the City approves the completed Improvements, Owner agrees to maintain
the Improvements and repair any defects or unsatisfactory work to the reasonable satisfaction
of the City Engineer. The City shall provide written notice of any repair or correction work
which, in the reasonable opinion of the City Engineer, must be completed. If within the one-
year period Owner fails, refuses or neglects to complete any such repairs or corrections
within 30 days of receipt mailing by Owner of written notice from the City, or such
reasonably longer period if the repair or correction work cannot be reasonably completed
within such 30 day period, the City may complete the work and recover the reasonable cost
and expense of doing so from Owner, including proceeding against the security posted by
Owner as required in section 6 below.
7. SECURITY
a. Owner will be required, prior to commencing constructs of the
Improvements and at the sole discretion of City, to execute and deliv to City the�following
bonds:,'
10 -`
(1) Faithful Performance Bond. Owner shall sut a orporate surety bond in
the amount of 100% of the total estimated cost of construca� o}nof the Improvements indicated
in Section 3, guaranteeing the faithful performance of this Agreement. The bond shall be
executed as surety by a corporation authorized to issue surety.bonds in the State of California
and shall be in a form and with a surety approvegl y the City Attorney. Any additions,
alterations or modifications to this Agreement -or the plans specifications including any
extension of time within which the Improvements may'bo,completed, shall not release or
exonerate the surety(ies) on the bond.
(2) Labor and Materials Botid Owner`shall submit a corporate surety bond in the
amount of 100% of the total estimated costofconstruction of the Improvements as indicated
in Section 3, guaranteeing the'payment of�all persons for labor or materials furnished in the
construction of the Improvement, The bond shall be executed as surety by a corporation
authorized to issue surety bonds in theState of California and shall be in a form and with a
surety approved by thef City. ttorney.
(3) ,Maintenance Bond. Before the City's acceptance of the Improvements,
Owner shall/deposit Withthe City either cash or an acceptable corporate surety bond in the
amount 600A,of t .. estimated cost of construction of the Improvements indicated in
SectionN3, as securifor maintenance of the Improvements and to guarantee the
Impfovements'agon' st any defective work or labor done, or defective materials used in the
work.
b. " As a part of the obligation guaranteed by the security, and in addition to the
full amount of the security, there shall be included costs and reasonable expenses and fees,
including attorneys' fees, incurred by the City in enforcing the obligations secured.
8. OWNER'S WARRANTY. The undersigned warrants to City that Owner is
the sole titleholder to the Subject Property, and that the signatory is authorized to execute this
Agreement on behalf of the Owner.
9. ENCROACHMENT PERMIT; OTHER PERMISSIONS; PREVAILING
WAGES.
a. Encroachment permit. For any work done in the public right-of-way, Owner
shall obtain an encroachment permit from the City and shall, at its sole cost, furnish the City
with the required certificates of insurance and endorsements for review and approval by the
City before the start of any work, and shall maintain insurance throughout the duration of the
Agreement. Owner will obtain any and all other permits that may be required to complete
the Improvements, including, but not limited to, permits from
b. Prevailing wages. If it is determined that Owner is required t, y, "evailing
wages for the work performed under this Agreement, the Owner shall pay all penalti.,and
wages as required by law.
10. HOLD HARMLESS. To the fullest extent pernftArhry , Owner shall
hold harmless and, upon request, promptly and fully protect,;-dr�ficn nd indemnify City and
its officers, agents, and employees from any liability or clms, irlud any actions at law
or equity, for personal injury, including death, to any persoor damage to any property
arising out of the acts or omissions of Owner or ofAy officer`, alit or employee of Owner
or any contractor or subcontractor of Owner dui' (i)*4he construction or subsequent use of
the Improvements, or (ii) caused in whole orJifpar(by any,'activity authorized or required by
this Agreement, or the performance or nonperformane6 of'the work.
11. DEFAULT.
a. Owner shall be deemed o,6e irk; default of this Agreement if Owner or any
officer, agent or employee o f Owner fails4o comply with any of the provisions of this
Agreement and to remedy such, failure klithin ten (10) calendar days of receipt of written
notice from City specif,g the nature`nf such failure. The determination as to whether such
default has occurred4ball be,made by the City Manager or designee.
A .
b. If the default relates to a failure of Owner to complete the Improvements in
accordance with the 4is of this Agreement, City may, after first giving the Owner at least
ten (10) d;ys prior ritteh notice of its intent to do so, elect to construct or arrange for the
construgtioh of the Jmprovements on behalf of and at the expense of Owner. Should City
electhis option, City shall be entitled to recover from Owner the actual cost to City of
completing the kmprovements, plus an administrative fee of 5% of the actual cost. City shall
make a written demand for such costs and fee on or after the time the Improvements are
deemed complete. In the event Owner fails to pay the costs and fee so demanded within ten
(10) days of receipt of the demand, the amount of the costs and fee shall become a personal
obligation of the Owner and a lien against the Subject Property. City may enforce such a lien
by judicial foreclosure or any other proceeding authorized by law. If the Subject Property is
subdivided at the time the lien is imposed, the amount of the lien shall be divided
proportionately among the various parcels.
C. In the event that City serves a notice of default upon Owner's surety, Owner's
surety shall have the duty to take over and complete the Improvements herein specified;
provided, however, that if the surety, within five (5) days after such notice by City fails to
provide City with a written acknowledgment that the surety will take over and complete such
Improvements, then by further written notice to the surety by City, City may elect to take
over the work and prosecute the same to completion, by contract or by any other method City
may deem advisable, for the account and at the expense of the Owner and Owner's surety.
Owner and Owner's surety shall be liable to the City for any cost or damages occasioned City
thereby, including those costs and reasonable expenses including attorneys' fees;Ad in such
event, City, without liability for so doing, may take possession of, and utilize in co'lpleting
the Improvements, such materials, appliances, plans and other property belotfgi'nh -tom Owner
as may be on the site of the work and necessary therefore.
12. ATTORNEY FEES. Should it become necessary for either party hereto to
institute legal action against the other to enforce any part of this Agrees nt of afiy lien
arising thereunder, all reasonable costs and expenses incurred Ify the p viint party in
successfully enforcing this Agreement or lien shall be paicLby the n® prevailing party,
including reasonable attorney fees. All such costs, expenses and fess sll be taxed as costs
and included in any judgment rendered, and may also becotW a lien; on the Subject Property.
13. AGREEMENT BINDING ON SUCCESSORS IN INTEREST. The
provisions of this Agreement are for the benefit of th 'Subj ct Property as well as for the
protection of the health, safety, and welfazeofthe residers of the City. For this reason, such
provisions are intended to bind, and shall hind the heirs, executors, administrators, grantees
and any other assignees or successors;in interest of the Owner; and any burden imposed by
such provisions shall run with the Subject property.
14. RECORDATION. Im ediately following execution, this Agreement shall be
recorded by City in the Offieial'Recordlof the County Recorder of the County of San Mateo.
10
15. NOTICES. All notioes given by City to Owner pursuant to Paragraphs 2 and
10 of this Agreement` lalI be hy�personal service or sent by certified or registered mail,
return receipt rested, with delivery restricted to addressee only. The date of delivery on
the return redeipt�shaftbe conclusive upon all parties to this Agreement. All other notices,
demand%, requ'0sts,\conssents, approvals or communications that either party desires or is
requiro&by<this Ag e6ment to give to the other shall be in writing and either served
pergobally or stnt/ iy prepaid, first-class mail. Notice mailed in this manner shall be
conclusively deemed communicated within forty-eight (48) hours from time of mailing.
Either partyinay change its address by notifying the other party in writing. Until notification
of such change has been received, all notices sent under this Paragraph shall be addressed as
follows:
Owner: XXX
Attn: XXX
XXX
XXX
City:
City of South San Francisco
Attn:
xxx
xxx
16. INTERPRETATION. The parties agree that they have carefully reviewed this
Agreement, have consulted independent counsel if they saw fit or have independently elected
not to do so. The doctrine that any ambiguities in a contract are to be resolved awnst the
drafting party, shall not be employed in the interpretation of this Agreement or,any:�
amendments or exhibits hereto. This Agreement shall be interpreted and cow __"ccording
to the domestic laws of the State of California, without regard to the chozce of law doi trine.
"; I �
17. SEVERABILITY. If any part, term, or provision of this Agement is held by
any court to be unlawful and void, the validity of the remaining portion§-shalf-Wi be affected
and the rights and obligations of the parties shall be construed enc is if the
Agreement did not contain the particular part, term or prow. icy k o be invalid.
18. MODIFICATION. This Agreement may b odifiel or amended only with
the prior written consent of the parties, or their sucssors in (4§t. Such modifications
and amendments shall be executed with the sarrz form�ity as this Agreement, shall be
recorded, and shall be interpreted as provided46 thi4':kgreeent.
p\ `,F.
19. EFFECTIVE DATE. This Agredment shall become effective on the date of
execution, which shall be deemed to lithe date fit written above.
R- k
20. QUITCLAIM DEED. Un peiformance of Owner's obligations under this
Agreement, City agrees, if re ested by Q,�ner, to execute, acknowledge and deliver a
quitclaim deed to Ownern'arty ( 0 days after performance and to execute,
acknowledge and deliv&any ether uments required by any title company to remove the
cloud of this Agreenfnt fro the tide to the Subject Property.
IN WITNESS WAVOF, the parties hereto have hereunto executed this Agreement
on the date hereinafter indicated.
*, (SIGNATURES ON THE FOLLOWING PAGE]
CITY
Charles Michael Futrell, City Manager
ATTEST
Rosa Acosta, City Clerk
APPROVED AS TO FORM
City Attorney
3380057.1
Owner
[NAME], Property Owner