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