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Home My WebLink AboutReso 63-1985RESOLUTION NO. 63-85 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR THE CONSTRUCTION OF FACILITIES IN THE COLMA CREEK FLOOD CONTROL PROJECT - CONSTRUCTION OF CHANNEL IMPROVEMENTS BETWEEN ORANGE AVENUE AND TWELVE MILE CREEK BE IT RESOLVED by the City Council of the City of South San Francisco that: 1. Approval of Agreement. The Agreement entitled "Agreement Providing for the Construction of Facilities in the Colma Creek Flood Control Project - Construction of Channel Improvements between Orange Avenue and Twelve Mile Creek in South San Francisco" between the City of South San Francisco and San Mateo County Flood Control District is hereby approved, and a copy of said Agreement is attached hereto as Exhibit "A". 2. Execution of Agreement. The Mayor is hereby authorized to execute said Agreement on behalf of the City, and the City Clerk attest his signature thereto. 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 reqular meeting held on the 27th day of March , 19 85 , by the following vote: AYES: Councilmembers Mark N. Addiego, Emanuele N. Damonte, Richard A. Haffey, Gus Nicolopulos; and Roberta Cerri Teglia NOES: None ABSENT: None ATTEST: RLS:RGZ-cda March-85 BOARD OF SUPERVISORS, COUNTY OF SAN blATEO, STATE OF CALIFORNIA RESOLUTION NO. 46'73.?. RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE CITY OF SOUTH SAN FRANCISCO IN CONJUNCTION WITH THE CONSTRUCTION OF CHANNEL IMPROVEMENTS BETWEEN ORANGE AVENUE AND TWELVE MILE CREEK IN SOUTH SAN FRANCISCO - COI2qA CREEK FLOOD CO~FROL PROJECT RESOLVED, by the Board of Supervisors of the County of San Mateo, State of California, acting as the ex-officio governing board of the San Mateo County Flood Control District, that h~EREAS', this Board of SUPervisors did adopt the Colma Creek Flood Control Project on May 28, 1984, by Resolution No. 32700; and WHEREAS, pursuant to said ReSolution, District proposes to construct channel improvements within real property owned by the City in the vicinity of Orange Avenue; and WHEREAS, there has been presented to this Board of Super- visors for its consideration and acceptance 'an agreement where- by · he San Mateo County Flood Control District and the City of South San Francisco agree to the construction of said facili- ties and the maintenance thereof and said Board has examined and approved same as to both form and ~ontent and desires to enter into same: NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED that the Chairman of this Board Of Supervisors be, and is hereby, .authorized and directed to execute said agreement for and on behalf of the San Mateo County Flood Control District and the signature of the Clerk of this Board shall attest thereto. Regularly passed' and adopted this 9th '19 85 . AYES and in favor of said resolution: Supervisors: day of K. JACQUELINE SPEIER JOHN M. WARD April ANNA G. ESHO0 TOM NOLAN .WILLIAM J. SCHUMACHER NOES and against said resolution: Supervisors: NON~. Absent Supervisors: NONE (SEAL) ATTEST: K.. JACQUELINE SPEIER Chair, Board of Supervisors County of San Mateo State of California EUNICE M. BRECHT Acting Clerk of the Board STATE O~ CA~'IFORNIA) ) COU.~]TY OF SAN MATEO) ORLENE FERRANDO, Deputy Clerk, Board of Supervisors, does hereby certify that the above and foregoing is a full, true and correct coPy of Resolution No. 46~ entered in the minutes of said Board. In Witness Whereof, I have hereunto set my hand and the seal of said Board this 9th day of April , 1985 . ORLENE FER~NDO, Deputy Clerk, Board of Supervisors E~HIBIT "A" TO RESOLUTION NO. 63-85 AGREEMENT PROVIDING FOR THE CONSTRUCTION OF FACILITIES IN THE COLMA CREEK FLOOD CONTROL PROJECT -.CONSTRUCTION OF CHANNEL IMPROVEMENTS BETWEEN ORANGE AVENUE AND TWELVE MILE CREEK IN SOUTH SAN FRANCISCO THIS AGREEMENT, made and entered into this~ 7~H day of ~l~ , 19~, by and between the CiTY OF SOUTH SAN FRANCISCO, hereinafter called "City," and the SAN MATEO COUNTY FLooD c6N'~ROL DISTRICT, .hereinafter called "District,' WITNESSETH: WHEREAS, the Board of Supervisors of District on May 28, 1974, by its Resolution No. 32700 undertook the Colma Creek Flood Control Project; and WHEREAS, pursuant to said resolution, District proposes to construct channel improvements within city property in and near Orange park: NOW, THEREFORE, IT IS HEREBY AGREED TO BY THE PARTIES, as follows: PART I Construction and Responsibilities. 1. City grants District permission to construct the channel improvements, included in plans and specifications' entitled "Colma Creek Zone, Channel Improvements, Sta. 97+62 to Sra. 110+45, City of South San Francisco' prepared by Gordon A. Tillson an~'Associates and dated April 5, 1985 . The signature of the .City Engineer for the City on th~ plan indicates, satis£action of City as to detail and content of said plans and specifications. 2. City agrees to execute a quitclaim deed to District con~ veying its right, title and interest in and to Parcel COP No. 1553-10, as shown on Exhibit "A", 'Colma Creek Right-of-Way, 12 Mile Creek to W. Orange Avenue; reserving therefrom easements for pedestrian bridges over Colma Creek, utility and sanitary sewer'c~ossings of Colma Creek at locations indicated on Exhibit #A". 3. City grants District temporary use of working areas adjacent to Colma Creek, shown as COP Nos. 1553-11 and 1553-12 on Exhibit "A" -1- 4. Upon award of construction contract to an independent contractor by District, District obtains possession of real property referred to in Paragraphs 1.2 and 1.3, District shall assume res- ponsibility for public facilities and trees within such parcels, and ensure the restoration of public facilities within working areas to a condition mutually satisfactOry to City Engineer at the com- pletion of construction'. 5. District agrees to make all necessary arrangements with the owner or owners of public-or private utilities for removal and/or relocation of all utilities above or below ground that may conflict with.this project. 6. City agrees District may remove existing trees which. interfere with the District's proposed construction on the north side Of the channel, from Sra. 100+75 to Sra. 103+00 as shown on the plans. 7. Pursuant to Paragraph 1.4 herein, District agrees to pre- serve and protect from damage all other trees along the line of construction within Orange Park. In the event any such trees are damaged, the'District shall be responsible for replacing ~those trees upon City-owned property within Orange Park to the satisfsc- tion of the City Engineer. PART II - 1. District shall pay the sum of $18,700 to the City, in lieu of any other obligation to install or replace trees removed pursuant to Paragraph 1.6. 2. City shall reimburse District for any additional expenses · incurred on behalf of and at the written request of City during construction or engineering of the improvements referred to herein which are not specifically defined under provisions set forth in this agreement'and the approved plans. -2- PART III Future Maintenance Responsibilities -Upon'the recordation of a notice of. completion of the con- struction contract by the District: 1. City will resume possession and be responsible for all real property facilities and right of way within City-owned parcels described in Paragraph 1.3 herein. '2. City will assume possession and be responsible for pedes- train bridges and utility'and sanitary sewer line crossings referred to in Paragraph 1.2 herein. PART IV Indemnification 1. It is agreed that District shall defend, hold harmless and indemnify City, its officers and employees ~from any and all claims for injuries or damages to persons and/or property which arise out of the terms and conditions of this agreement and which result from any act or omission of said Dis~ict, its officers and/or employees. 2.. It is further agreed that City shall defend, hold harmless and indemnify District, its officers'and/or employees 'from any and- all claims for injuries and/or damages to persons and/or property which arise out of terms and conditions of this agreement and which result from the negligent act and/or omission of City, its officers and/or'employees. 3. In the event of concurrent negligence of City and District, their officers and/or employees, then the l~abilit~ for any and all claims for injuries or damages to persons and~or property which arise out of the terms and conditions of this agreement shall be apportioned under the California theory of comparative negligence as presently established, or as may be hereafter modified. -3- IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their duly authorized officers on the day and year first above written. "District" ICT C~9~m, J Board of Supervisors, -y of San Mateo, State of California ATTEST: D. :ing Clerk of ~ai~ Board "City" CITY OF SOUTH SAN FRANCISCO Mayor ATTEST: Clerk of said City -4-