HomeMy WebLinkAboutReso 160-2020 (20-717)CITY OF SOUTH SAN FRANCISCO PERMIT NO. W-20.0-001-SSF(XX)
400 Grand Avenue Bike Path/Linear Park
South San Francisco, CA 94080-3634
AMENDMENT NO. 2 TO PERMIT NO. W-20.0-001-SSF
Bike Path/Linear Park
Subject to all covenants, terms, conditions and restrictions of the original permit
(W-20.0-001-SSF, Bike Path/Linear Park) as amended on June 13, 2009 and
October 17, 2019, attached hereto and incorporated herein by reference,
Permittee’s right to use, operate construct upon and maintain a Bike Path/Linear
Park shall be amended as follows:
1. Exhibit “A” of the Agreement is hereby replaced in its entirety by the attached
new Exhibit “A”.
2. Section 6 is hereby replaced in its entirety with the following: “Permittee shall
have the duty and agrees to exercise reasonable care to properly maintain BART’s
property pursuant to this Permit, including, but not limited to weed abatement,
removing debris dumped or placed on the Premises during the term of this Permit,
from any source, and to exercise reasonable care inspecting for and preventing any
damage to any portion of the Premises. Permittee shall bear the entire cost of
maintaining and operating facilities installed by Permittee on the Premises.”
3. Subject to final design approval by BART under separate permits, including but
not limited to Permit Number W-19.4-004-SSF, Bike Path/Linear Park may be
enhanced with additional improvements.
4. Pursuant to the terms of this permit, City remains fully responsible for
construction, operation and maintenance of existing and future Bike Path/Linear
Park improvements, but may have future Bike Path/Linear Park improvements
constructed under Permit No. W-19.3-008-SSF, operated and maintained by the
adjacent ownership of 1051 Mission Road, a third party to this permit.
Any additional change in the scope of this amendment or of the original permit, as
amended, is subject to a separate amendment.
SAN FRANCISCO BAY AREA
RAPID TRANSIT DISTRICT
By Date
Sean Brooks, Director
Real Estate and Property Development Department
ACCEPTED
CITY OF SOUTH SAN FRANCISCO By Date
Title
3592314.1