HomeMy WebLinkAboutReso 103-2020 (20-566)City of South San Francisco P.O. Box 711 (City Hall,
400 Grand Avenue)
South San Francisco, CA
City Council
Resolution: RES 103-2020
File Number: 20-566 Enactment Number: RES 103-2020
RESOLUTION APPROVING AND AUTHORIZING
THE CITY MANAGER TO EXECUTE A
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF SOUTH SAN FRANCISCO AND THE
CITY AND COUNTY OF SAN FRANCISCO (SFO)
FOR MAINTENANCE AND NEGOTIATION OF A
CONVEYANCE OF THE SOUTHERLY SEGMENT OF
SOUTH AIRPORT BOULEVARD.
WHEREAS, the City of South San Francisco and the City and County of San Francisco, are both public
agencies and political subdivisions of the State of California; and
WHEREAS, the City of South San Francisco owns and maintains a segment of South Airport Boulevard,
south of 380; and
WHEREAS, the subject segment of South Airport Boulevard, is surrounded on three sides by property
owned by the City and County of San Francisco, and by State Department of Transportation (Caltrans)
on the fourth side; and
WHEREAS, the road's primary usage is to provide access to the SFO terminal, SFO long term parking,
cargo and other airport -related facilities; and
WHEREAS, SFO desires that this segment of road be maintained at a higher level of service than the
City of South San Francisco is able to provide to better serve SFO employees, contractors and patrons;
and
WHEREAS, SFO is regulated by the Federal Aviation Administration which constrains use of SFO
funds to property and infrastructure owned by SFO; and
WHEREAS, the proposed Memorandum of Understanding (MOU) provides the terms in which SFO will
resurface the southerly segment of South Airport Boulevard in the near term; and
WHEREAS, the MOU also provides that the City of South San Francisco and SFO will enter into
good -faith negotiations to transfer property rights to SFO for the purpose of owning and maintaining this
segment of road in perpetuity; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco hereby
City of South San Francisco Page 1
File Number: 20-566
Enactment Number: RES 103-2020
approves the MOU as attached hereto as Exhibit A and incorporated herein, and authorizes the City
Manager to execute the MOU between the City of South San Francisco and the City and County of San
Francisco for the near-term maintenance of the southerly segment of South Airport Boulevard and to
enter into good -faith negotiations for the property transfer of said roadway segment, in substantially the
same form as that attached in Exhibit A and subject to approval as to form by the City Attorney.
At a meeting of the City Council on 8/26/2020, a motion was made by Councilmember Nicolas, seconded by
Vice Mayor Addiego, that this Resolution be approved. The motion passed.
Yes: 5 Mayor Garbarino, Vice Mayor Addiego, Councilmember Nagales, Councilmember
Nicolas, and Councilmember Matsumoto
Attest by �—Am Zt,4"' 4'u�/L
sa Govea Acosta, City Clerk
City of South San Francisco Page 2
Page 1
MEMORANDUM OF UNDERSTANDING
(South Airport Boulevard)
This MEMORANDUM OF UNDERSTANDING (“MOU”) is entered into as of
________________, 2020 (the “Effective Date”), between the City and County of San Francisco
(“City”), acting by and through its Airport Commission (“Commission”), and the City of South
San Francisco (“SSF”), both of which are municipal corporations and political subdivisions of the
State of California. The City and SSF are referred to in this MOU individually as a “Party” and
jointly as the “Parties.”
RECITALS
A.City, acting by and through the Commission, owns and operates the San Francisco
International Airport (the “Airport”), which is located within an unincorporated area of the
County of San Mateo and parts of South San Francisco, State of California, and the chief executive
officer of which is the Airport Director.
B.SSF owns a section of South Airport Boulevard surrounded on three sides by
Airport property as shown on Exhibit A (the “Subject Road”).
C.The Subject Road is the only roadway that provides access from the Airport
terminal area to a number of Airport facilities, including the long-term parking garage and North
Access Road, where several Airport infrastructure and cargo facilities are located. As a result, a
significant number of Airport users drive on the Subject Road, including Airport construction
vehicles. The condition of the Subject Road has deteriorated to the point of requiring substantial
repair. The Parties desire to repave the Subject Road as described below (the “Work”).
D.The Parties now memorialize the following agreements: (i) The Airport agrees to
conduct the Work; (ii) SSF authorizes the Airport to conduct, and agrees to help facilitate, the
Work as described below; and (iii) SSF agrees to enter into good faith negotiations to convey the
Subject Road to City.
AGREEMENT
As of the Effective Date, the Parties agree as follows:
1.Conduct of the Work. SSF authorizes the Airport (i) to access the Subject Road to
conduct the Work as described in this Paragraph 1 and (ii) to take all actions reasonably necessary
to perform the Work. The Airport plans to complete the Work between August 24 and October
16, 2020, using Airport staff. The Work will consist of repairing potholes and cracks in the Subject
Road with an approximate 2-inch surface overlay. Prior to the Work, representatives of Airport
and SSF will coordinate a site visit, during which SSF will be responsible for marking the location
of all advance and signal loops on the Subject Road and establishing the Work boundaries along
the road. Airport will obtain encroachment permit from SSF prior to the start of Work. City agrees
that the Work will exclude and avoid all loops marked by SSF. If the Work results in damage to
Exhibit A
Page 2
marked loops, City will be responsible for costs of repair or replacement of the damaged loops. If
the Work results in damage to unmarked loops, SSF will be responsible for costs of repair or
replacement of the damaged loops. In either event, SSF will be responsible for providing the labor
and technical expertise for the repair or replacement of any damaged loops, subject to
reimbursement by City for any repair or replacement of marked loops within 60 days. During the
Work, lane closures would consolidate traffic on both northbound and southbound lanes. SSF
acknowledges that the Work may affect traffic on the Subject Road and extending into SSF. SSF
agrees to cooperate with the Airport and take reasonable steps necessary to effect the Work in a
timely manner at no cost to Airport, including accommodating signal light changes at the traffic
signal loops on South Airport Boulevard at the Long Term Parking Garage intersection during
construction (e.g., placing the traffic signal on “flashing red” as needed to facilitate traffic control
setup). The Airport will notify SSF of any schedule modifications. The Airport will also notify
SSF when it has completed the Work.
2. Costs of Work. The Airport estimates that its direct labor, materials, and equipment
costs to conduct the Work will total approximately $325,000 (the “Costs”). SSF will not be
responsible for Costs.
3. Deed of Subject Road. SSF agrees to enter into good-faith negotiations with City
to convey all of SSF’s rights, title, and interests in and to the Subject Road to City. SSF
acknowledges that its obligation to enter into good-faith negotiations with Airport is a material
consideration for the Airport’s agreement to pay for Costs and that failure to do so would be a
material breach of this MOU. The Parties acknowledge, however, that negotiations may fail and
the required approvals may be denied. Failure for the acquisition to be consummated shall not
alone amount to a failure to enter into good-faith negotiations.
4. Subsequent Maintenance of Subject Road. After completion of the Work, and until
SSF conveys the Subject Road to City, SSF shall reassume its obligations to maintain and repair
the Subject Road, and shall bear the cost of the maintenance, replacement, and repair of the Subject
Road as improved by the Work, with the exception of any replacement or repair resulting from the
City’s poor performance of the Work.
5. Notices. All written communications sent by the Parties shall be by U.S. Mail or
e-mail and shall be addressed as follows:
To City: San Francisco Airport Commission
City and County of San Francisco
P.O. Box 8097
San Francisco, CA 94128
Attn: Leroy Sisneros, Director of Facilities
[email protected]
To SSF: City of South San Francisco
Department of Public Works
550 North Canal Street
South San Francisco, CA 94080
Page 3
Attn: Eunejune Kim, Director
[email protected]
Any notice alleging noncompliance with this MOU must be sent by registered mail.
6. No Guarantees or Warranties. There are no understandings, representations, or
warranties of any kind or nature other than those set out in this MOU, whether express or implied,
arising by statute or otherwise, made or assumed by City in connection with this MOU or the
services and materials described in this MOU. Except as otherwise provided in this MOU, City
shall supply the services and materials described in this MOU “as is” without any warranty or
representation, either express or implied, as to the value, design, condition, merchantability, fitness
for particular purpose or fitness for use of the demised premises and right-of-way, or warranty
with respect thereto.
7. Liability, Indemnity and Hold Harmless. In performing under this MOU, each
Party, its officers, agents, employees, and contractors shall act in an independent capacity and
not as officers, employees, or agents of the other Party. Neither Party assumes any liability for
the acts or omissions of the other Party in performance under this MOU. Each Party is solely
responsible in proportion to its fault for all liability, including but not limited to personal injury,
property damage, or any violation of any law or ordinance that may arise out its own acts or
omissions under this MOU. In the event any claim of liability for which a Party is responsible
under this provision is instituted against the other Party, or any officer, agent, employee, or
contractor thereof, the responsible Party shall defend, indemnify, and hold each of them harmless
from such claim, including but not limited to reasonable attorneys’ fees, court costs, and defense
expenses. This Paragraph 7 shall survive termination or expiration of this MOU.
8. Insurance. The Parties acknowledge, represent, and agree that they each have and
will maintain throughout the effectiveness of this MOU insurance purchased through an
insurance carrier or are self-insured to protect the other Party from claims that may arise from
activities under this MOU. In the event insurance purchased through an insurance carrier is
terminated or discontinued, the Party with such insurance shall notify the other Party of the
termination or expiration of the insurance.
9. Assignment. No assignment or transfer of this MOU, or any part thereof, rights
under or interest in, shall be valid unless and until the assignment or transfer is approved in writing
by the other Party. This MOU and all of its provisions shall apply to and bind the successors and
assigns of the Parties hereto.
10. Amendments. This MOU may be amended only in a writing executed by both
Parties.
11. Cooperative Drafting. This MOU has been drafted through a cooperative effort of
City and SSF, and both Parties have had an opportunity to have the MOU reviewed and revised
by legal counsel. No Party shall be considered the drafter of this MOU, and no presumption or
rule that an ambiguity shall be construed against the Party drafting the clause shall apply to the
interpretation or enforcement of this MOU.
Page 4
12. Counterparts. This MOU may be executed in counterparts, each of which is an
original and all of which constitute one and the same instrument.
13. Waiver. A waiver of any requirement of this MOU must be in writing by an
authorized representative of the Party waiving the requirement. The waiver by any Party of a
breach of any requirement of this MOU will not be deemed a waiver of any such breach in the
future or of a breach of any other requirement.
14. Interpretation. Section headings are solely for convenience and are not intended to
affect the interpretation of the MOU. The MOU will be interpreted reasonably, not in favor of or
against any Party.
15. No Third Party Rights. The Parties do not intend this MOU to create rights in any
third parties, and nothing in this MOU should be construed to do so.
16. Applicable Law. The interpretation of this MOU will be governed by the laws of
the State of California.
17. Entire Agreement. This MOU constitutes the complete agreement between the
Parties and supersedes any prior agreements, promises, and understandings whether written or oral
regarding the subject matter of this MOU.
Accepted and agreed to as of the date first written above.
AIRPORT COMMISSION CITY OF SOUTH SAN FRANCISCO
CITY AND COUNTY OF SAN FRANCISCO
By: ________________________________ By:____________________________
Ivar C. Satero, Airport Director
Name:__________________________
Title:___________________________
APPROVED AS TO FORM: APPROVED AS TO FORM:
DENNIS J. HERRERA
City Attorney
_______________________________ ________________________________
Nicholas T. Niiro Sky Woodruff
Deputy City Attorney City Attorney
Page 5
EXHIBIT A
Description of Subject Road
3570173.1
EXHIBIT A: SOUTH AIRPORT BOULEVARD – SSF
A portion of South Airport Boulevard as described in “Relinquishment of Superseded State
Highway I the City of South San Francisco, County of San Mateo”, recorded in Book 1450, Page
190 Official Records of San Mateo County, and being more particularly described as follows;
Commencing at a point on the southerly right-of-way line of said San Bruno Avenue, being
northerly terminus of that line being “thence S. 23°06’07” E., 25.03 feet” as described in Parcel
6A(Amended) of the “Final Order of Condemnation” recorded as Document #1983-013501,
Official Records San Mateo County;
Thence along the southerly right-of-way line of said San Bruno Avenue, North 66° 54’ 02” East
a distance of 146.64 feet to the southwest corner of Parcel 1 of “Relinquishment of Superseded
State Highway in the County of San Mateo, Road IV-S.M-68.-8”, recorded in Book 1447, Page
341 Official Records of San Mateo County”;
Thence along the westerly right-of-way line of Parcel 1, North 22° 03’ 10” West a distance of
543.89 feet to the beginning of a tangent curve concave to the west, having a radius of 9937.50
feet
Thence northwesterly along said curve through a central angle of 2° 03’47” an arc distance of
357.83 feet to the southwest corner of said “Relinquishment of Superseded State Highway I the
City of South San Francisco, County of San Mateo”, said southwesterly corner also being the
Point of Beginning;
Thence continuing along said curve through a central angle of 0° 10’13”, an arc distance of 29.53
feet;
Thence northerly along the westerly right-of-way line of said “Relinquishment of Superseded
State Highway I the City of South San Francisco, County of San Mateo”, North 24° 17’ 09”
West a distance of 907.48 feet to easterly terminus of that line being “thence S. 46°52’11” W.,
780.52 feet” as described in Parcel 3A (Amended) of the “Final Order of Condemnation”
recorded as Document #1983-013501, Official Records San Mateo County”;
Thence, North 33° 42’ 52” East a distance of 147.40 feet to the easterly right-of-way line of said
“Relinquishment of Superseded State Highway I the City of South San Francisco, County of San
Mateo”, and being the southerly terminus of that line being “thence along said last line N.
24°17’07” W., 233.47 feet to the true point of commencement” as described in Parcel 1A of the
“Final Order of Condemnation” recorded as Document #1983-013501, Official Records San
Mateo County
Thence along said westerly right-of-way line, South 24° 17’ 09” East, a distance of 985.58 feet
to the beginning of a tangent curve, concave to the west, having a radius of 100625.5 feet;
Thence southeasterly along said curve through a central angle of 0° 30’ 23”, an arc distance of
88.93 feet to the northeast of said Parcel 1 of “Relinquishment of Superseded State Highway in
the County of San Mateo, Road IV-S.M-68.-8”, recorded in Book 1447, Page 341 Official
Records of San Mateo County”;
Thence along the northerly line of said Parcel 1, North 88° 48’ 26” West a distance of 138.08
feet to the Point of Beginning.
S22° 03' 09"E543.90'N66°
54
'
02
"E146.64
'L=357.83', R=9937.50'D=2°03'47"N88° 48' 26"W138.08'L=29.53', R=9937.50'D=0°10'13"L=88.93', R=10062.50'D=0°30'23"314+00316+00318+00320+00322+00324+00PARCEL 1C"FINAL ORDER OF CONDEMNATION"DOC #1983-0135016
(25.03' 6
(25.03')6
(31.28' 6
(31.33')CITY AND COUNTY OFSAN FRANCISCOPROPERTYSAN BRUNO
AVENUE
60
'
R
IGHT
-OF
-WAYBOOK 355
P
.
241
(NOT
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)CITY AND COUNTY OFSAN FRANCISCOPROPERTYSan Francisco International AirportPROJECT TITLESOUTH AIRPORT BOULEVARDREPAIR WORKSEALDOCUMENT: BOOK 1450 PAGE 190 O.R.AREA: 125,722 SF/2.89 ACRES, ±PORTION OF APN 092-030-1201 OF 2Feet1" = 125'2501250 NSWEBURLINGAME SEWER EASEMENTBOOK 7217 P. 76POINT OFBEGINNINGSOUTH AIRPORT AVENUE125' RIGHT-OF-WAYBOOK 1447 P. 341(NOT A PART)POINT OFCOMMENCEMENTCENTERLINE & STATIONINGPER RIGHT-OF-WAY RECORDMAP ROUTE 68, MAPSR-517.0 TO R-517.10
N88° 48' 26"W138.08'L=29.53', R=9937.50'D=0°10'13"N24° 17' 09"W907.48'N33° 42' 52"E147.40'S24° 17' 09"E985.58'L=88.93', R=10062.50'D=0°30'23"304+00306+00308+00310+00312+00314+00CITY AND COUNTY OFSAN FRANCISCOPROPERTYCITY AND COUNTY OFSAN FRANCISCOPROPERTYSan Francisco International AirportPROJECT TITLESOUTH AIRPORT BOULEVARDREPAIR WORKSEALDOCUMENT: BOOK 1450 PAGE 190 O.R.AREA: 125,722 SF/2.89 ACRES, ±PORTION OF APN 092-030-1202 OF 2BURLINGAME SEWER EASEMENTBOOK 7217 P. 76POINT OFBEGINNINGSOUTH AIRPORT AVENUE125' RIGHT-OF-WAYBOOK 1447 P. 341(NOT A PART)SOUTH AIRPORT BOULEVARD125' RIGHT-OF-WAYBOOK 1450 P. 190CENTERLINE & STATIONINGPER RIGHT-OF-WAY RECORDMAP ROUTE 68, MAPSR-517.0 TO R-517.10P
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