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HomeMy WebLinkAboutReso 12-1987that: RESOLUTION NO. 12-87 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING THE FORM OF AGREEMENTS FOR INSTALLATION OF IMPROVEMENTS TO REDUCE AIRCRAFT NOISE IMPOSING WITHIN A STRUCTURE BE IT RESOLVED by the City Council of the City of South San Francisco Approval of forms of Agreements. The forms of the Agreements for installation of improvements to reduce aircraft noise imposing within structures attached as Exhibits "1" and "2" are hereby approved, and may be used as necessa~ to car~ out the Noise Insulation Program undertaken by the City of South San Francisco, pursuant to the Aviation Safe~ and Noise Abatement Act of 1979 (commencing at 49, U.S.C. Section 2101). 2. Execution of Agreement The City Manager is authorized to execute the appropriate form of Agreement with any property owners wishing to participate in the Noise Insulation Program when such owners are selected by the City as participants. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on thellth day of February , 198~ by the following vote. AYES: Councilmembers John "Jack" Drago, Richard A. Haffey, Roberta Cerri Teglia, and Mark N. Addiego NOES: None ABSENT: Councilmember Gus Nicolopulos EXHIBIT I TO RESOLUTION NO. 12-87 AGREEMENT FOR INSTALLATION OF IMPROVEMENTS TO REDUCE AIRCRAFT NOISE IMPOSING WITHIN A PRIVATELY OWNED STRUCTURE (TWENTY PERCENT (20%) LOCAL FUNDING PROVIDED BY SAN FRANCISCO This Agreement by and between the City of organized and after "City") "Owner"). WHEREAS, Owner is entered South San the laws existing under and into this __ day of , 19 Francisco, a municipal corporation of the State of California {herein- {hereinafter is the owner of that certain real property located at and more particularly described in Exhibit "A" attached hereto and by this reference incorporated herein as though set forth verbatim (hereinafter the "Property"); and WHEREAS, Owner certifies that the Property is the primary residence of Owner; and WHEREAS, Owner has been offered the opportunity to participate in a publicly funded program which is intended to cause changes to be made to the Property resulting in the attenuation interior of the structure(s) located on Insulation Program"}; and WHEREAS, the funding source of aircraft noise imposing on the the Property (hereinafter "Noise for the Noise Insulation Program will include eighty percent (80%) funding from the United States Government pursuant to the Aviation Safety and Noise Abatement Act of 1979 (commencing at 49 U.S.C. Section 2101) and twenty percent (20%) funding from the City and County of San Francisco in its capacity as owner of San Francisco International Airport (hereinafter "SFO"); AGREOSFO I 1/26/87 NOW, THEREFORE, IT.IS HEREBY AGREED BY THE PARTIES AS FOLLOWS: 1. In consideration of the covenants and conditions expressed in this Agreement, City agrees to allow Owner to participate in the Noise Insulation Program by receiving eighty percent (80%) funding from the United States Government and twenty percent (20%) funding from the City and County of San Francisco for improvements which improvements are to be specifications developed by to the structure(s) located on the Property, accomplished in accordance with plans and the City subject to review by the Owner and approval of the Federal Aviation Administration (hereinafter the "Plans and Specifications"). 2. In consideration of receiving the aforementioned twenty percent (20%) funding from the City and County of San Francisco, Owner agrees to grant an easement to the City and County of San Francisco for the purpose of permitting the imposition of vibration, discomfort, inconvenience, interference with use and enjoyment, and any consequent reduction in market value, all due to excessive noise resulting from the operation of aircraft to and from SFO upon the Property. 3. The improvements set forth in the Plans and Specifications shall be installed by an independent contractor, (hereinafter "Contractor") selected by City exercising its actions, and nothing in this Agreement shall be construed to create the relationship of agent, servant, employee, partnership, joint venture or association, or any other relationship whatsoever other than that of independent contractor between City and Contractor. 4. City in no way warrants that the improvements offered pursuant to this Agreement will effectively reduce noise within the structure(s) located AGREOSFO 2 1/26/87 on the any and all damages, claims or causes of action of any kind or arising out of the work contemplated in this Agreement. no other warranties express or implied, with respect to accomplished, the product{s) to be installed or the Property, and the Owner agrees that it will hold City harmless from associated with The City makes the work to be design of the improvements; this exclusion includes, but is not limited to, warranties of fitness for a particular purpose or use and warranties of merchantability. 5. Owner shall indemnify, hold harmless and defend City, its employees, agents, officers, boards and commissions, from and against all claims, demands, actions, causes of action, losses, damages, liabilities, costs and expenses including, but not limited to, reasonable attorneys fees or obligations, for or in connection with personal injury (including, but not limited to, death) and property damage which arises out of or is in any way connected with the negligent act, error or omission of Owner, including, but not limited to, dangerous condition{s} of the Property. Section 277B of Code shall apply to Owner's obligation to defend pursuant to this the Civil paragraph. 6. It is further agreed as follows: {a) Owner will allow the construction work on the project to be inspected and approved as may reasonably be requested by City or by the Secretary of Transportation of the United States of America (hereinafter the "Secretary") during the construction or installation of the noise compatibility measures and for a period of one (1) year after the completion of the measures. (b) Owner shall assume the complete responsibility for maintenance and operation of the items installed, purchased, or constructed AGREOSFO 3 1/26/87 pursuant to this Agreement; and {c} Owner's right to sue the owner of San Francisco International Airport for adverse noise impact will be abrogated if the Owner deliberately or willfully acts to reduce or destroy the effectiveness of the noise mitigation measures during the useful life of such measures; and {d} Unless otherwise stated herein, the obligations listed in this Paragraph 6 shall remain in effect throughout the useful life of the noise compatibility measures, but not to exceed twenty {20} years from the date of the City's acceptance of Federal aid for the project. {e) By executing Property for the City, its consultants for purposes this Agreement, Owner gUarantees access to the officers, agents, employees, contractors and of planning, estimating, construction and monitoring of the improvements. Owner further agrees to be present at all times when access is being provided if reasonable advance notice is provided. In granting the access referred to herein, Owner recognizes that there will inevitably be some disruption and inconvenience associated with the estimating, planning, construction and subsequent monitoring of the improvements within one {1) year after completion of the work and hereby specifically waives any right it may have to deny the access provided for any subsequent claims or causes of action arising out of the access not already specifically waived elsewhere in this therein$ and use of said Agreement. 7. In consideration of the funding of the improvements to the Property set forth above, Owner specifically agrees that the obligations of Owner hereunder shall be covenants running with the land and shall be binding upon all of the Owner's heirs, assigns and successors in interest of AGREOSFO 4 1/26/87 any description. Owner further agrees that a copy of this Agreement shall be recorded in the Office of the Recorder of the County of San Mateo within thirty {30) days of its execution by Owner and City. 8. Owner hereby assigns to City all right, title and interest Owner has in receiving the funding from the City and County of San Francisco as described in paragraph I above and expressly authorizes City to collect said funds from the City and County of San Francisco on Owner's behalf and to expend such funds in such amounts and in such manner as City, in its sole discretion, deems necessary to carry out the Noise Insulation Program. 9. Notices: All notices given by either party to the other shall be in writing, and delivered in person or sent by certified mail, postage prepaid, and addressed as follows: City of South San Francisco: Owner: Deputy City Manager/City Engineer P.O. Box 711 South San Francisco, CA 94083 or to such other addresses as from time to time may be designated by either party. AGREOSFO 5 1/26/87 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement this day of , 19 . OWNER: NOTARIZATION ATTEST: City Clerk APPROVED AS TO FORM: City Attorney CITY OF SOUTH SAN FRANCISCO By: AGREOSFO 1/26/87 EXHIBIT 2 TO RESOLUTION NO. 12-87 AGREEMENT FOR INSTALLATION OF IMPROVEMENTS TO REDUCE AIRCRAFT NOISE IMPOSING WITHIN A PRIVATELY OWNED STRUCTURE (LOCAL SHARE OF FUNDING SECURED BY OWNER) This Agreement dated , 19 is by and between the City of South San Francisco, a municipal corporation organized and existing under the laws of the State of California (hereinafter "City") and (hereinafter "Owner"). WHEREAS, Owner is the owner of that certain real property located at and more particularly described in Exhibit "A" attached hereto and by this reference incorporated herein as though set forth verbatim (hereinafter the "Property"); and WHEREAS, Owner certifies that the Property is the primary residence of Owner; and WHEREAS, Owner has been offered the opportunity to participate in a publicly funded program which is intended to cause changes to be made to the Property resulting in the attenuation of aircraft noise imposing on the interior of the structure(s) located on the Property (hereinafter "Noise Insulation Program"); and WHEREAS, the funding include eighty percent source for the Noise Insulation Program will (80%) funding from the United States Government pursuant to the Aviation Safety and Noise Abatement Act of 1979 (commencing at 49 U.S.C. Section 2101) and twenty percent (20%) funding to be obtained by Owner from any source selected by Owner; NOW, THEREFORE, IT IS HEREBY AGREED BY THE PARTIES AS FOLLOWS: 1. In consideration of the covenants and conditions expressed in this Agreement, City agrees to allow Owner to participate in the Noise Insulation AGREOWN3 i 1/12/87 Program by receiving eighty percent (80%) funding from the United States Government for improvements to the structure(s) located on the Property, which improvements are to be accomplished in accordance with plans and specifications developed by the City subject to review by the Owner and approval of the Federal Aviation Administration {hereinafter the "Plans and Specifications"). 2. The improvements set forth in the Plans and Specifications shall be installed by an independent contractor, {hereinafter "Contractor") selected by City exercising its sole discretion. Contractor shall be solely responsible for its actions, and nothing in this Agreement shall be construed to create the relationship of agent, servant, employee, partnership, joint venture or association, or any other relationship whatsoever other than that of independent contractor between City and the Contractor. 3. City in no way warrants that the improvements offered pursuant to this Agreement will effectively reduce noise within the structure{s) located on the Property, and the Owner agrees that it will hold City harmless from any and all damages, claims or causes of action of any kind associated with or arising out of the work contemplated in this Agreement. City makes no other warranties express or implied, with respect to the work to be accomplished, the product{s} to be installed or the design of the improvements; this exclusion includes, but is not limited to, warranties of fitness for a particular purpose or use and warranties of merchantability. 4. Owner shall indemnify, hold harmless and defend City, its employees, agents, officers, boards and commissions, from and against all claims, demands, actions, causes of action, losses, damages, liabilities, AGREOWN3 2 1/12/87 costs and expenses including, but not limited to, reasonable attorneys fees or obligations, for or in connection with personal injury {including, but not limited to, death} and property damage which arises out of or is in any way connected with the negligent act, error or omission of Owner, including, but not limited to, dangerous condition{s) of the Property. the Civil Code shall apply to Owner's obligation to defend paragraph. 5. Section 2778 of pursuant to this It is further agreed as follows: (a) Owner will allow the construction work on the project to be inspected and approved as may reasonably be requested by City or by the Secretary of Transportation of the United States of America {hereinafter the "Secretary") during the construction or installation of the noise compatibility measures and for a period of one (1) year after the completion of the measures. {b) Owner shall assume the complete responsibility for maintenance and operation of the items installed, purchased, or constructed pursuant to this Agreement; and (c) Unless otherwise stated herein, the obligations listed in this Paragraph 5 shall remain in effect throughout the useful life of the noise compatibility measures, but not to exceed twenty (20) years from the date of the City's acceptance of Federal aid for the project. {d) By executing Property for the City, its consultants for purposes monitoring of the improvements. times when access is being this Agreement, Owner guarantees access to the officers, agents, employees, contractors and of planning, estimating, construction and Owner further agrees to be present at all provided if reasonable advance notice is AGREOWN3 3 1/12/87 provided. In granting the access referred to herein, Owner recognizes that there will inevitably be some disruption and inconvenience associated with the estimating, planning, construction and subsequent monitoring of the improvements within one {1) year after completion of the work and hereby specifically waives any right it may have to deny the access provided for any subsequent claims or causes of action arising out of the access not already specifically waived elsewhere in this therein~ and use of said Agreement. (e) The owner will deposit with City an amount in cash equal to twenty percent C20%) of the preliminary total estimated cost of the improvements as determined by the Deputy City Manager/City Engineer of the City as proof of the Owner's good faith in entering into this Agreement. This deposit will be made before the City will begin work of any kind, preliminary or otherwise, on the property. Cf) Prior to the award of a construction contract, the City will make a revised estimate of the total cost. If the revised estimate exceeds the preliminary estimate, the Owner shall be responsible for paying twenty percent C20%) of the increase difference between the preliminary estimate and the revised estimate. If the revised estimate is less than the preliminary estimate, the City will refund to Owner the amount of the deposit in excess of twenty percent C20%) of the revised estimate. Cg) If at any time before the completion of the improvements the Owner withdraws from participation in Owner will be responsible for all Property. The Owner's refusal to preliminary estimate the Noise Insulation Program, the costs the City has incurred for the pay twenty percent {20%) of the per the above paragraph Ce) or twenty percent C20%) of AGREOWN3 4 1/12/87 the increase difference between the estimate per the above paragraph participation. (h) preliminary estimate and the revised {f) shall constitute withdrawal from Upon completion of the improvements, the City will make a final estimate of the total cost which will be the actual total cost of the improvements. If the final estimate exceeds the revised estimate, Owner shall be responsible for paying twenty percent {20%) of the increase difference between the revised estimate and the final estimate. If the final estimate is less than the revised estimate, the City will refund to Owner the amount of the deposit final estimate. 6. In consideration of in excess of twenty percent (20%) of the the funding of the improvements to the Property set forth above, Owner specifically agrees that the obligations of Owner hereunder shall be covenants running with the land and shall be binding upon all of the Owner's heirs, assigns and successors in interest. Owner further agrees that a copy of this Agreement shall be recorded in the Office of the Recorder of the County of San Mateo within thirty (30) days of its execution by Owner and City. 7. Notices: All notices given by either party to the other shall be in writing, and delivered in person or sent by certified mail, postage prepaid, and addressed as follows: City of South San Francisco: Deputy City Manager/City Engineer P.O. Box 711 South San Francisco, CA 94083 AGREOWN3 5 1/12/87 Owner: or to such other addresses as from time to time may be designated by either party. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement this day of , 19 . NOTARIZATION OWNER: ATTEST: CITY OF SOUTH SAN FRANCISCO By: City Clerk APPROVED AS TO FORM: City Attorney AGREOWN3 6 1/12/87