HomeMy WebLinkAboutCC Resolution 9416 (Rescinding Resolution 8980)EXHIBIT "A"
RESOLUTION NO. 4416.
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN RAFAEL
RESCINDING RESOLUTION 8980
WHEREAS, on February 5, 1883, by Ordinance Number 114, the
Trustees of the Town of San Rafael granted privileges to the San
Francisco and North Pacific Railroad Company to lay down and use
railroad tracks on Tamalpais Avenue subject to certain
conditions; and
WHEREAS, on December 1, 1884, by Ordinance Number 145, the
Trustees of the Town of San Rafael granted additional privileges
to the San Francisco and North Pacific Railroad Company to lay
down, maintain and use railroad tracks on Tamalpais Avenue
subject to certain conditions; and
WHEREAS, on January 8, 1906, the Board of Trustees of the
City of San Rafael ("City") granted additional privileges to the
San Francisco and North Pacific Railroad Company to lay down and
maintain for„steam railway purposes additional railroad tracks
running along Tamalpais Avenue; and
WHEREAS, The County of Marin ("County"), the District and
the Marin County Transit District ("MCTD") are parties to a
Cooperative Agreement dated October 12, 1982, and certain addenda
thereto, pursuant to which they have agreed to work cooperatively
to acquire public ownership of Northwestern Pacific Railroad
Company's ("Northwestern") entire right-of-way in Marin County.
Said right-of-way ran from Paradise Drive in Corte Madera to
Highway 37 in the City of Novato; and
WHEREAS, On or about June 29, 1990, the District, in
furtherance of the Cooperative Agreement and on behalf of the
County and MCTD, acquired from Northwestern 11.25 miles of right• -
of -way and improvements located between Bellam Boulevard in Santa
Rosa and Novato Creek in Novato. The District additionally
acquired from Northwestern certain franchise rights to use
certain city streets along said right-of-way within the City for
railroad purposes (the "Franchise Rights"), including the
franchise rights granted by Ordinances Number 114, 145 and 362
(the "Franchise Ordinances") to the San Francisco and North
Pacific Railroad Company; and
178100.1
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WHEREAS, on July 6, 1993, this Council adopted Resolution
8980, which declared a forfeiture of the District's Franchise
Rights pursuant to the terms of the Franchise Ordinances.
Resolution 8980 further declared that the District had
"abandoned" the right to maintain and operate a railroad system
in and on the streets of San Rafael on the ground that there had
been no service on the line for the period of five years prior to
the adoption of the resolution; and
WHEREAS, an February 10, 1994, the County and the District
filed their "Verified Petition for Writ of Mandate and Complaint
for Declaratory and Injunctive Relief and Breach of Franchise
Agreement" (Marin County Superior Court Action No. 159486)
against both the Council and the City (the "Petition"). The
Petition sought in part to have the Council's action voided on
the ground that it effectuated an illegal forfeiture of the
Franchise Rights. On or about March 9, 1994, the Council and the
City filed an Answer to the Petition. In their Answer, the
Council and the City alleged that the County and District did not
have standing to object to Resolution 8980 since they had not
received a proper conveyance of the Franchise Rights and that the
rights under the Franchise Ordinances had been abandoned due to
the failure to use the railroad tracks discussed by the Franchise
Ordinances for a period of five years; and
WHEREAS,, on April 22, 1994, the Court granted the County's
and the District's Petition for Writ of Mandate, and voided
Resolution No. 8980. Judgment has not yet been entered for the
County and the District on the Petition; and
WHEREAS, in order to resolve the issues between them raised
by the Petition without resorting to further litigation, the
parties have agreed to a Settlement Agreement, dated JULY 17 ,
1995. According to the terms of that Settlement Agreement, the
City has agreed to adopt a Resolution rescinding Resolution 8980
and declaring it void and of no effect. In addition, the City
has agreed to grant to District an easement over the areas
covered by the Franchise Rights.
178900.1
NOW, THEREFORE, BE IT RESOLVED THAT, effective the date of
this Resolution, Resolution 8980 is rescinded and declared to be
void and of no further force or effect.
Adopted this 17th. day of JULY , 1995 by the
following vote:
AYES: COUNCILMEMBERS: Heller, Phillips and Vice -Mayor Cohen
NAYS: COUNCILMEMBERS: None
ABSENT: COUNCIL4EMBERS: None
DISQUALIFIED: COUNCILMEMBERS':Zappetini and Mayor Boro
JE E -M. AENCINI, City Clerk
178100.1
"EXHIBIT B"
RECORDING REQUESTED BY:
GOLDEN GATE HIGHWAY AND
TRANSPORTATION DISTRICT
1."/ iiwi-14 9TKi7� 17 i17 :� STI Il i1�► ICI iia
HANSON, BRIDGETT, MARCUS,
VLAHOS & RUDY
3:33 lViarkct Strzet, Suite 2300
San Francisco, CA 94105-2173
Attn: David J. Miller
EASEMENT GRANT AND AGREEMENT
This Agreement is entered into as of the 17th day of JULY , 1995 by and between
the Golden Gate Bridge, Highway and Transportation District ("District") and the City of
San Rafael ("City"), a California charter city, with reference to the following:
A. City is the owner of certain property, consisting of portions of Tamalpais
Avenue, Third Street, Fourth Street, FifthAvenueand MissionAvenue in the City of San
Rafael, which are described in Exhibit A and shown in Exhibit B hereto (the "Servient
Tenement").
B. On February 5, 1883, by Ordinance Number 114, the Trustees of the Town of
San Rafael granted privileges to the San Francisco and North Pacific Railroad Company to
lay down and use railroad tracks on Tamalpais Avenue subject to certain conditions; and
C. On December 1, 18840 by Ordinance Number 145, the Trustees of the Town of
San Rafael granted additional privileges to the San Francisco and North Pacific Railroad
Company to lay down, maintain and use railroad tracks on Tamalpais Avenue subject to
certain conditions; and
D. On January 8, 1906, the Board of Trustees of the City of San Rafael granted
additional privileges to the San Francisco and North Pacific Railroad Company to lay down
and maintain for steam railway purposes additional railroad tracks running along Tamalpais
Avenue; and
186200.2
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E. The County of Marin ("County"), the District and the Marin County Transit
District ("MCTD") are parties to a Cooperative Agreement dated October 12, 1982, and
certain addenda thereto, pursuant to which they have agreed to work cooperatively to acquire
public ownership of Northwestern Pacific Railroad Company's ("Northwestern") entire right-
of-way in Marin County; and
F. On or about June 29, 1990, the District, in furtherance of the Cooperative
Agreement and on behalf of the County and MCTD, acquired from Northwestern 11.25
miles of right-of-way and improvements located between Bellam Boulevard in San Rafael and
Novato Creek in Novato. The District additionally acquired from Northwestern certain
franchise rights to use certain city streets along said right-of-way within the City for railroad
purposes (the "Franchise Rights"), including the franchise rights granted by Ordinances
Number 114, 145 and 362 (the "Franchise Ordinances") to the San Francisco and North
Pacific Railroad Company; and
G. On July 6, 1993, this Council adopted Resolution 8980, which declared a
forfeiture of the District's Franchise Rights pursuant to the terms of the Franchise
Ordinances. Resolution 8980 further declared that the District had "abandoned" the right to
maintain and operate a railroad system in and on the streets of San Rafael on the ground that
there had been no service on the line for the period of five years prior to the adoption of the
resolution; and
H. On February 10, 1994, the County and the District filed their "Verified
Petition for Writ of Mandate and Complaint for Declaratory and Injunctive Relief and Breach
of Franchise Agreement" (Marin County Superior Court Action No. 159486) against both the
Council and the City (the "Petition"). The Petition sought in part to have the Council's
action voided on the ground that it effectuated an illegal forfeiture of the Franchise Rights.
On or about March 9, 1994, the Council and the City filed an Answer to the Petition. In
their Answer, the Council and the City alleged that the County and District did not have
standing to object to Resolution 8980 since they had not received a proper conveyance of the
Franchise Rights and that the rights under the Franchise Ordinances had been abandoned due
to the failure to use the railroad tracks discussed by the Franchise Ordinances for a period of
five years; and
I. On April 22, 1994, the Court granted the County's and the District's Petition for
Writ of Mandate, and voided Resolution No. 8980. Judgment has not yet been entered for
the County and the District on the Petition; and
J. In order to resolve the issues between them raised by the Petition without resorting
to further litigation, the parties have agreed to a Settlement Agreement, dated July 17 ,
1995. According to the terms of that Settlement Agreement, the City has agreed to adopt a
Resolution rescinding Resolution 8980 and declaring it void and of no effect. In addition,
the City has agreed to grant to District an easement over the areas described in Exhibit A
and shown in Exhibit B.
186200.2
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K. The parties, in agreeing to the granting the easement, intend to recognize the
District as having permanent property rights to utilize the area described in Exhibit A for
railroad, transportation and communications purposes.
THEREFORE, the parties agree as follows:
1. Grant of Easement. For valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, City grants to District, a permanent, non-exclusive
easement ("Easement") for the limited purposes hereinafter described. The Easement is
granted as to the Servient Tenement which is real property owned by City that is described in
Exhibit A and depicted in Exhibit B to this Agreement. Exhibits A and B are attached to this
Agreement and incorporated into it by this reference.
2. Puri_ ose of Easement: The Easement is a permanent easement for railroad,
transportation and communications purposes. This Easement is granted to acknowledge and
confirm District's rights as the successor in interest to Northwestern's Franchise Rights as
conferred by the Franchise Ordinances.
3. Exclusivitv. Although the District's use of the easement granted pursuant to
this Agreement is non-exclusive, the City shall not grant or assign to others any right-of-way
or easement over the Servient Tenement that would be inconsistent with the District's rights,
provided, however, that the City shall retain the right to use (or allow others to use) the
Servient Tenement for street and highway uses and related purposes, including
communications, power and pipeline facilities.
4. Nature of Easement. The easement granted by this Agreement is an easement
in gross personal to the District. Notwithstanding the fact that the public may make use of
and benefit from the Easement, this Agreement may be amended or terminated by agreement
in writing of the City and the District, and no consent, review or approval of the public shall
be required except as otherwise specified in law.
5. Rg�ionsibility for Construction and Maintenance. The District shall be
responsible for construction of any improvements on the Servient Tenement necessary for use
of the easement granted by this Agreement. The District also shall be responsible for
maintenance of any such improvements in reasonable condition.
6. Indemnification. District agrees to and shall defend, indemnify and hold
harmless City, its councilmembers, officers, agents, and employees from and against any and
all claims, demands, losses (including economic losses), damages, causes of action, suits,
and liabilities of every kind whatsoever (including reasonable attorney's fees and court costs)
arising out of or in connection with the use of the Easement by District which results from
any negligent act or omission, or the intentional misconduct of the District, its agents,
employees, consultants, contractors and invitees.
166200.2 -3-
City agrees to and shall defend, indemnify and hold harmless District, the County of
Marin and the Marin County Transit District, their respective directors, officers, agents, and
employees from and against any and all claims, demands, losses (including economic losses),
damages, causes of action, suits, and liabilities of every kind whatsoever (including
reasonable attorney's fees and court costs) arising out of or in connection with the use of the
Servient Tenement by City which results from any negligent act or omission, or the
intentional misconduct of the City, its agents, employees, consultants, contractors and
invitees.
7. Bindine Effect. This Agreement shall be binding on and shall inure to the
benefit of the successors and assigns of the District, as holders of interests in the Servient
Tenement, and of the City.
BRIDGE,
GOLDEN GATTMGHWAY AND TRANSPORTATION DISTRICT
By
President Date
By
Secretary Date
Approved as to form:
By Rr *1H _
Attorney for Golden Gate/Highway Date
and Transportation District
CITY OF SAN RAFAEL
By
Pame.l a Ni.co 1,
City Manager
ATTEST:
By �-ek k -
Approved as to form:
Jeanne M. Leoncini,
City Clerk
By
Attorney for City of San Rafael
166200.2 -4-
July 1.9. 1995
Date
Date
CALIFORNIA ALL-PURPOP- ACKNOWLEDGMENT
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WITNESS my hand and official seal.
V` SIGNATURE OF NOTARY •
OPTIONAL
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DESCRIPTION OF ATTACHED DOCUMENT
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State of CALIFORNIA
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County of MARIN
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On JULY 19, 1995 before me,
JEANNE M. LEONCINI, NOTARY PUBLIC
❑ PARTNER(S) ❑ LIMITED
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NAME. TITLE OF OFFICER • E.G.. -JANE DOE. NOTARY PUBLIC -
❑ GENERAL
personally appeared
PAMELA 4. N I COLAI
❑ ATTORNEY-IN-FACT
NUMBER
NAME(S) OF SIGNER(S)
❑ TRUSTEE(S)
personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
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❑ GUARDIAN/CONSERVATOR
to be the person(s) whose name(s) is/are
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01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184
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WITNESS my hand and official seal.
V` SIGNATURE OF NOTARY •
OPTIONAL
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fraudulent reattachment of this form.
xt CAPACITY CLAIMED BY SIGNER
DESCRIPTION OF ATTACHED DOCUMENT
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❑
EASEMENT GRANT AND AGREEMENT BY AND BET.
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GOLDEN GATE BRIDGE, HIGHWAY & TRANSPORTA-
TION DISTRICT AND CITY OF SAN RAFAEL
CITY MANAGER
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TITLE OR TYPE OF DOCUMENT
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DATE OF DOCUMENT
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01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184
STATE OF CALIFORNIA
COUNTY OF MARIN
On , 1995, before me, , Notary Public, personally
appeared , personally known to me or proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/
their authorized capacity(ies), and that by his/her/their signatures on the instrument the
person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.
Witness my hand and seal.
Notary Public
STATE OF CALIFORNIA
COUNTY OF MARIN
On , 1995, before me, , Notary Public, personally
appeared , personally known to me or proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signatures on the instrument the person(s)
or the entity upon behalf of which the person(s) acted, executed the instrument.
Witness my hand and seal.
Notary Public
196200.2 -5-
10,14:11:39
DESCRIPTION OF PROPERTY
All that certain real property situate in the City of San Rafael, County
of Marin, State of California and more particularly described in
following:
AN EASEMENT fifty (50) feet in width extending from
the northerly
boundary of Mission Street southerly over a portion
of Tamalpais
Avenue to the southerly line of Fourth Street as E-hown upon the Map
of the Townsite of the Town of San Rafael, made by H. Austin Esq.
filed October 14, 1873 Rack 1 Sheet 4 Marin County
Records and
being that portion of right of way granted by the City of
San Rafael to
lay down and use railroad tracks on Tamalpais Avenue
by Ordinance
Number 114 on February 5, 1883, Ordinance Number 145 on
December 1, 1884, Ordinance Number 362 on January
8, 1906 and
including the continuing right as previously granted
which states
"after leaving said avenue to cross any street or streets
said track(s)
may intersect."
186200.2 —6—
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EXHIBIT "C"
EASEMENT AGREEMENT
This Agreement is entered into this 17th day of
JULY, 1995 by and between the Golden Gate Bridge,
Highway and Transportation District ("District"), a public entity
organized and existing under the laws of the State of California,
and the City of San Rafael ("City"), a California charter city,
with reference to the following:
A. District is the owner of that certain real
property located within the City of San Rafael, County of Marin,
California and more particularly described in the attached
Exhibit 1 incorporated -in this Agreement (the "Servient
Tenement").
B. City desires to construct a public road to
facilitate movement of traffic in the central San Rafael area
(the "Andersen Drive Extension"). The Andersen Drive Extension
is planned to be located, in part, on the Servient Tenement. The
City desires to obtain and the District desires to grant an
easement over the Servient Tenement to facilitate the
construction and use of the Andersen Drive Extension.
THEREFORE, the parties agree as follows:
1. Grant of Easement. For valuable consideration
receipt of which is hereby acknowledged, the District hereby
grants to the City an easement over the Servient Tenement. The
easement shall be for the construction, maintenance and use of a
public street over the Servient Tenement along with facilities
directly related to the roadway, including curbs, gutters,
sidewalks, landscaping and utilities. It is the intent and
purpose of this Agreement that the City will allow the public to
make use of and enjoy the benefits of the easement granted
pursuant to this Agreement.
2. Limit of Riahts. The rights herein granted are
expressly limited vertically and shall not extend beyond a plane
parallel with and twenty (20) feet above the roadway surface of
the road as it will be constructed, except that lighting fixtures
and similar roadway appurtenances may extend above said plane,
provided that any such facilities will be removed or rearranged
within thirty (30) days after notification from District that
such facilities interfere with District's intended use of the
space above said plane.
3. Prior Rights. This grant is subject and
subordinate to the prior and continuing right of District, its
successors and assigns, to use the Servient Tenement in the
performance of its duty as a common carrier, and to that end,
177978.3
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there is reserved unto District, its successors and assigns, the
right to construct, reconstruct, maintain, use and remove
existing and future transportation, communication, power and
pipeline facilities in, upon, over, under across or along the
Servient Tenement. The District, its successors and assigns may
continue to utilize the Servient Tenement for railroad,
transportation, communications and other incidental purposes,
including, but not limited to, the construction of additional
tracks, at grade, over the crossing. Any new construction shall
accommodate the street improvements contemplated by City. In the
event District's trackage facilities are removed from the
Servient Tenement, District shall not be obligated to make any
change in the grade of said road, nor shall such removal affect
District's title to the underlying property.
4. Other Installations. This grant shall not be
construed as conveying or otherwise vesting in City or in any
public or private utility the right to install or to authorize
the installation of any ditches, pipes, drains, sewer or
underground structures, or the facilities of any telegraph,
telephone, fiber optic or electric power lines in, upon, over,
under, across or along the Servient Tenement, except as necessary
for maintenance of said road.
5. Permits and ADDrovals. City shall obtain all
necessary governmental permits and approvals prior to
constructing, reconstructing, maintaining and using said road.
Any contractor performing work on the Servient Tenement shall
execute District's standard form of contractor's agreement prior
to commencing any work on District's premises in the form
attached hereto as Exhibit 2. District shall have the right to
review and approve City's plans and specifications. Such
approval shall not be unreasonably withheld or delayed.
District's review of the City's plans shall include consideration
of the suitability of the roadway alignment and design for
compatibility with construction of a railroad grade separation
structure.
6. Expenses. Except as herein otherwise provided,
City shall bear the entire expense of constructing,
reconstructing and maintaining said road and crossing, including
the cost of installing crossing warning devices, as may be
required by the California Public Utilities Commission. The
crossing of District's tracks over said road may, in District's
sole discretion, be constructed and maintained at the grade of
said tracks now or hereafter existing. After the construction or
reconstruction of said road has been completed, District shall
maintain the surface of that portion of said road between lines
two (2) feet outside the rails of each track located thereon.
Should District abandon tracks leading to said road, District may
abandon its rails, ties and appurtenant materials and leave same
177978.3 - 2 -
in place. In such event, District shall not be liable for
maintenance of the portion of said road specified above.
7. Indemnification. City agrees to and shall defend,
indemnify and hold harmless District, the County of Marin and the
Marin County Transit District, their respective directors,
officers, agents, and employees from and against any and all
claims, demands, losses (including economic losses), damages,
causes of action, suits, and liabilities of every kind whatsoever
(including reasonable attorney's fees and court costs) arising
out of or in connection with the use of the easement over the
Servient Tenement by City which results from any negligent act or
omission, or the intentional misconduct of the City, its agents,
employees, consultants, contractors and invitees.
District agrees to and shall defend, indemnify and hold
harmless City, its councilmembers, oi-iL;eis, agrants, and
employees from and against any and all claims, demands, losses
(including economic losses), damages, causes of action, suits,
and liabilities of every kind whatsoever (including reasonable
attorney's fees and court costs) arising out of or in connection
with the use of the Servient Tenement by District which results
from any negligent act or omission, or the intentional misconduct
of the District, its agents, employees, consultants, contractors
and invitees.
8. Insurance. Any person, firm or corporation City
authorizes to work upon the Servient Tenement, including any
subcontractor, shall be deemed to be City's agent and shall be
subject to all the applicable terms of this Agreement. Prior to
entry upon the Servient Tenement by such agents, City shall
provide District with satisfactory evidence (e.g. in the form of
a Certificate of Insurance) that it and/or its contractors or
other agents who will obtain access to the Servient Tenement
pursuant to this Agreement are insured in accordance with the
following, which insurance shall remain in effect throughout the
term of this Agreement and shall be at the sole cost and expense
of City (or its agents). Prior to the start of the work or entry.
onto the Servient Tenement, City agrees require its contractor(s)
to procure and maintain, at its (or its contractors') sole cost
and expense (and to prove to District's reasonable satisfaction
that it remains in effect throughout the work), the kinds of
insurance described below:
(a) Workers' Compensation and Emolovers' Liabilitv
Insurance.
City shall require its contractor(s) to procure
the payment of Workers' Compensation and/or Federal Employers'
Liability Act Coverage (FELA) (whichever is applicable) to its
employees, as required by the Federal Employers' Liability Act of
1908 applying to instate railroad employees or as required by
177978.3 - 3 -
Section 1860 of the California Labor Code (Chapter 1000, Statutes
of 1965), or any subsequent amendments or successor acts thereto
governing the liability of employers to their employees.
If Workers' Compensation applies, it shall be in
accordance with the provisions of Section 3700 of the California
Labor Code (and any amendments thereto or successor acts or
statutes) and the City shall furnish Licensor with a certificate
evidencing such coverage together with a verification thereon as
follows:
"I am aware of the provisions of Section
3700 of the California Labor Code which
requires every employer to be insured against
a liability for workers' compensation or to
undertake self-insurance in accordance with
the provisions of that code, and I will
comply with such provisions before commencing
the performance of work under this
Agreement."
If the California Labor Code requiring Workers'
Compensation applies, the City shall also maintain Employer's
Liability coverage with minimum limits of $5,000,000.00.
If FELA applies, it shall be in accordance with federal
statutes and have minimum limits of $5,000,000 per occurrence.
The City shall provide evidence of coverage or self-insurance
together with a verification thereon as follows:
"I am aware of the provisions of the
Federal Employers' Liability Act, and I will
comply with such provisions before commencing
the performance of work under this
Agreement."
Whether FELA or Workers' Compensation applies, the City
shall furnish the District with the Certificate(s) of Insurance
required hereunder prior to the commencement of work. The
Certificate shall also provide that the City's policy will not be
cancelled or have coverage reduced without thirty (30) days'
prior written notice.
(b) Commercial General Liabilitv Insurance.
City shall, at its own cost and expense, also procure
and maintain and/or require its contractors, at their own cost
and expense, to procure and maintain Commercial General Liability
insurance which shall include as additional insureds the
District, the County of Marin and the Marin County Transit
District, their respective directors, officers, employees and
agents while acting in such capacity, and their successors or
177978.3 - 4 -
assignees, as they now, or as they may hereafter be constituted,
singly, jointly or severally.
This insurance shall provide bodily injury and property
damage coverage with a combined single limit of at least
$2,000,000.00 each occurrence or claim and a general aggregate
limit of at least $2,000,000.00. This insurance shall include
but not be limited to premises and operations; contractual
liability covering the indemnity provisions contained in this
Agreement; personal injury; explosion, collapse, and underground
coverage, products and completed operations, and broad form
property damage.
Prior to commencing work or entering onto the Servient
Tenement, City shall require its contractor(s) to file a
Certificates) of Insurance with the District evidencing
coverage, and upon request, a certified d•iplicate original of the
policy. Said Certificate(s) shall stipulate:
(1) The insurance company(ies) issuing such
policy(ies) shall give written notice to the District of any
material alteration, or reduction in aggregate limits, if such
limits apply, and provide at least thirty (30) days' notice of
cancellation.
(2) That the policy(ies) is Primary Insurance and
the insurance company(ies) providing such policy(ies) shall be
liable thereunder for the full amount of any loss or claim which
contractor is liable for under this Section, up to and including
the total limit of liability, without right of contribution from
any other insurance effected or which may be effected by
District, the County of Marin and the Marin County Transit
District.
(3) The policy shall also stipulate: Inclusion of
District, the County of Marin and the Marin County Transit
District as additional insureds shall not in any way affect their
rights either as respects any claim, demand, suit or judgment
made, brought or recovered against the City or its contractors.
Said policy shall protect the City, its contractors and the
District, the County of Marin and the Marin County Transit
District in the same manner as though a separate policy had been
issued to each, but nothing in said policy shall operate to
increase the insurance company's liability as set forth in its
policy beyond the amount or amounts shown or to which the
insurance company would have been liable if only one interest had
been named as an insured.
Required: (c) Railroad's Protective Liability Insurance.
Yes x No_
The City shall provide and/or require its
contractors to provide, with respect to the operations it or any
177978.3 — 5
of its contractors perform above the railroad tracks or within
fifty (50) feet horizontally of the railroad tracks, Railroad's
Protective Liability Insurance with either the AASHO policy form
or the ISO/RIMA form with pollution coverage for job site fuels
and lubricants. The named insureds shall be District, the County
of Marin and the Marin County Transit District and shall cover
all other railroads operating on the right-of-way. The policy
shall have limits of liability of not less than $ 2,000,000.00
per occurrence, combined single limit, for Coverages A and B, for
losses arising out of injury to or death of all persons, and for
physical loss or damage to or destruction of property, including
the loss of use thereof. Prior to commencing work or entering
onto the Servient Tenement, City shall file an original or a
duplicate original of the policy for Railroad Protective
Liability with the District.
Required: (d) Automobile Liability insurance.
Yes x No_
City shall, at its own cost and expense, procure
and maintain and/or require its contractor(s), at their own cost
and expense, to procure and maintain Automobile Liability
insurance providing bodily injury and property damage with a
combined single limit of at least $1,000,000.00 per occurrence
for all owned, non -owned and hired automobiles. This insurance
shall provide contractual liability covering all motor vehicles
and mobile equipment to the extent coverage may be excluded from
general liability insurance. Such insurance shall include as
additional insureds the District, the County of Marin and the
Marin County Transit District and their respective directors,
officers, employees and agents while acting in such capacity, and
their successors or assignees, as they now or as they may
hereafter be constituted, singly, jointly or severally.
Required: (e) Property Insurance.
Yee x No_
City shall, at its own cost and expense, procure
and maintain and/or require its contractor(s), at their own cost
and expense, to procure and maintain property insurance to
protect its interest in the equipment to be used in performance
of this Agreement and the District's interest in materials or
property to be installed, covering all risks of physical loss or
damage to such equipment. The coverage under such policy shall
have limits of liability adequate to protect the value of the
equipment and property to be installed. If desired, City may
choose to self -insure this exposure, but in no instance shall the
District be responsible for such loss or damage, unless caused by
its sole negligence.
All insurance specified above shall remain in force
until all work to be performed is satisfactorily completed, all
of City's personnel and equipment have been removed from the
railroad property, and the work has been formally accepted. The
177978.3 — 6 —
failure to procure or maintain required insurance and/or an
adequately funded self-insurance program will constitute a
material breach of this Agreement.
If any insurance specified above shall be provided on a
claim -made basis, then in addition to coverage requirements
above, such policy shall provide that:
(a) Policy retroactive date coincides with or
precedes the City's start of work (including subsequent policies
purchased as renewals or replacements).
(b) City will make every effort to maintain
similar insurance during the term of the Agreement following
project completion, including the requirement of adding all
additional insureds.
(c) If insurance is terminated for any reason,
City agrees to purchase an extended reporting provision of at
least two years to report claims arising from work performed in
connection with this Agreement or Permit.
(d) Policy allows for reporting of circumstances
or incidents that might give rise to future claims.
In addition to the requirements described above, any
additional coverages required by the United States Department of
Transportation, the Environmental Protection Agency and/or
related state and local laws, rules and regulations shall be
complied with. The City and/or its contractors shall obtain all
permits, licenses and other forms or documentation which are
required and forward them to the District with the required
evidence of insurance.
All policies will be issued by insurers acceptable to
District. Upon evidence of financial capacity satisfactory to
Licensor, City's obligation hereunder may be satisfied in whole
or in part by adequately funded self-insurance.
9. nature of Easement. The easement granted by this
Agreement is a easement in gross personal to the City.
Notwithstanding the.fact that the public may make use of and
benefit from the easement, this Agreement may be amended or
terminated by agreement in writing of the City and the District,
and no consent, review or approval of the public shall be
required except as otherwise specified in law.
10. Assianment. Except for allowing use by the public
as specified in Paragraph 1 above, the City shall not assign this
Agreement or the rights under this Agreement without the consent
of the District. The District may sell, assign or otherwise
transfer the Servient Tenement; in connection with such sale,
177978.3 - 7 -
assignment or other transfer, the District shall inform the
transferee of the existence of this Agreement, but the failure of
the District to so inform the transferee shall not affect the
enforceability of this Agreement against the transferee.
11. Bindinu Effect. This Agreement shall be binding
on and shall inure to the benefit of the successors and assigns
of the District, as holders of interests in the Servient
Tenement, and of the City.
Attest:
Attest:
(jBy: Jeanne M. Leoncini
City Clerk
ACKNOWLEDGMENTS
GOLDEN GATE BRIDGE, HIGHWAY AND
TRANSPORTATION DISTRICT
By:
CITY OF SAN RAFAEL
�. ,liG( J
By: Pam Nicolfai
City Manager
177978.3 - 8 -
Ne. 5907
State of CALIFORNIA
County of MAW i)
JEANNE M. LEONCINI, NOTARY PUBLIC
,, On JULY 1 Q, 1995 before me, �
li DATE NAME TITLE OF OFFICES • E.G.. *JANE DOE. NOTARY PUSUC'
;c personally appeared PAMELA J. N I COLAI`
NAMES) OF SIGNES(S)
Xl personally known to me - OR - C proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are £.
subscribed to the within instrument and ac- a,
knowledged to me that he/she/they executed
?� the same in his/her/their authorized L
capacity(ies), and that by his/her/their
hL, signature(s) on the instrument the person(s),jmM
,.
4\My
COWA •0 or the entity upon behalf of which thez No1�IPub10—Cailiolli
MARINCOUNTY persons) acted, executed the instrument. Comm. Expka JAN 12.1001
)�: � a • Vii,
WITNESS my hand and official seal. �.
'-,�1GNATURE OF NOTARY
OPTIONAL
�
Though the data below is not re uirea b law. it may rove valuable to persons relying on the document and could prevent 1
l� 4 q Y YP P Y 9
fraudulent reattachment of this form.
i CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
EASEMENT AGREEMENT BY AND BET. GOLDEN
BRIDGE,
GHIGHWAY
W&
�OFFiCER DIST.ANDCITYOFSANRAATRANSPORTATION
EL
CITY MANAGER TITLE OR TYPE OF DOCUMENT
T111.E15) RE: "ANDERSEN DRIVE EXTENSION"
1 C
PARTNER(S) C LIMITED EASEMENT OVER THE. SERVIENT TENEMENT U
C GENERAL l'
C ATTORNEY-IN-FACT NUMBER OF PAGES u
C TRUS,,Efs)
C GUARDIAN/CONSERVATOR
OTHER,. JULY 17, 1935
GATE OF DOCUMENT
1
l
SIGNER IS REPRESENTING: t
NAME OF PERSON(S) OR ENTnY(IES)
1
CITY OF SAN RAFAEL
SIGNER(S) OTHER THAN NAMED ABOVE
. .L Il+i ►A~� �, _— � �r "7���J ��i�rri�.r����i- '.�iLY ►ii'-%!1�'�]�'���J��J;� �,.::.J is .♦
` C1993 NATIONAL NOTARY ASSOCIATION 0 8238 Remmet Ave.. P.O. Box 7184 • Canoga Park. CA 91309.7184
EXHIBIT "A"
DESCRIPTION
PORTION LANDS CONVEYED TO
THE t)OLDEN GATE BRIDGE HIGHWAY TRANSPORTATION D1STRfCT
AS DESCRIBED IN
OFFICIAL RECORDS INSTRUMENT NO. 90-38199
hIARIN COUNTY RECORDS
CITY OF SAN RAFAEL
MAR IN COUNTY CALIFORNIA
Beginning at a point: 42 feet perpendicular to. and southwesterly of.
Engineers' cont.erliue station "A 73+30.85", as shown upon tho "Andersen Drive
F.xtc,nsion right-of-wav drawings. to conjunction with the Plan and Prolile
drawings. pr•ppared be TAMS Consultants. Inc.. Seattle. WA.. on file with the
CAv of San Rafael Public Works Department. (said centerline configuration
also being recorded July 7, 19yb, in Book 33 of Surveys, at Pale 93, Marin
CorrnVy Records); thence leaving said point South 46-12'30" Last. 224.0 Leet.
and South 47452'30" East 72.7 feet, more or less, to the northeasterly line
of a right) -ot-way, 60 feet in width, being the second tract of laud described
in agreement bvtwev" William T. Coleman and Lhe Northwestern Pacific Ra i I road
Company. recorded Sept ember 7. 11192. in Book 24. of Deeds at Pate 22. Marin
Cuuuty Records: thence along said right-of-way North 40'22'28" West (called
North 43..10' WAL) 341.2 feet. more or less. to the northvastarly c:ornor of
t h1, beginning point: of said second tract: thence leaving said corner. at a
right angle. Soutf 49-37'32" West 5.0 feet, more or less, to this southcrk
and easterly termines of the first tract, being the northeastNrI v terminer, of
:a fi 1Ly-fout right. -of -way as described in said agreement to the Nort hwent eru
Pacific Railroad; thence leaving said point. :.along the northeasterly line of
said fifty -foot right-of-way, lir•:.t IlWnLione'd. North 40 22'28" West (called
North 41'30' West) 370.0 fret. more or less, to .a point which bears South
53"05' East 19b.1 Iret, mora or less. from a point 37 leeL nor•theasip rly of,
and radially to. Engineers' vvnterline station "A 67+30", as show" ulmu th1•
said "Andersen Drive Ext.rusiou right.-uf-way dr•awinl;a: thrnce leaving said
line North 53`05' West. 196.1 feet, more or less, to a puint 37 fent
northeasterly of. and radially to. Engineers cruterline sLaLiou "A 67fin". as
shown said map the "Andersen Drive Extension" right-ol-wad' drawings: thence
leaving said point: North 54-33' Wost 28.0 fpPt, more or less. to the
su"thwesterly line of said titty-foot right-of-way, first mentioned ill
agreement to the tfort hwest ern Pacific Railroad Cornpanv : thence along said line
South 40-22'20" East_ (called Scut h 43'30' East 1 490.9 feet, more or 1 ebs , to
a point which bears North 49'23' Wvsr 144.7 telt, nwr•e or less, from the
lwinL of beginning; Lhence le•avinn said line, South 49-23' East 144.7 levi .
more or Ivuh. to the point of beginning.
The bearings and drstances used in the above description are based upon Lhe
Califurnia Cuurdin:aLe System le,ne Thrvp, NAD 1927. To obtain gruund
distances. multiply all distances by 1.0000638.
Exhibit. B is attached alld u1:.rde a part hereto.
Revised Easement: GGBTD Lo The City of San Rafael
.luly 10, 1995 Survey No. 336.540
Prepared by
Phillip A. Danskin & Associates
Land Surveyor
Sonoma. Cali.forni..a
hillip A: DNA
No. 4794
Expires 9-30-9
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:
IIIA GRA�Il logo `�, y
OF LAND ACQUISITION
BY TILE CITE' OF SAA' RAFAEL I b
r <
NEW COUNTY C4LIFORA'14 � �
PREPARED BY
PHILLIP A DAYSAM d.• ASSOCIATE'S
LAND S11RIT)IO4
SO.1MM CALIFORNIA
1
EXHIBIT 2
June 10, 1994
Re: RIGHT -OF -ENTRY PERMIT
- .. .
RIGHT-OF-i'vAI, MILEPOST
Dear
FOR CONSTRUCTION ACCESS AT
NORTHWESTERN PACIFIC RAILROAD
The Golden Gate Bridge, Highway & Transportation District
("District" or "Permittor") hereby permits •-
("Permittee") to enter upon the Northwestern Pacific Railroad
(NWPRR) Riqht-of-Way at or near Milepost adjacent to
and Highway 101 in the City of
County of Marin, State of California, in the locations marked
on the enclosed Exhibit A ("Premises"), which is incorporated
by this reference, subject to all licenses, easements,
encumbrances and claims of title affecting the Premises and
upon the following terms and conditions:
1. This permit' is issued exclusively to the Permittee for
the sole purpose of construction access and to facilitate
the construction of
This permit is not assignable. In -no manner
is this permit intended to constitute an abandonment of
the Northwestern Pacific Railroad Right -of -Way.
2. This permit shall be effective from the above date until
March 1, 1996, and then shall automatically terminate
unless extended by mutual agreement. The District
reserves the right to revoke or modify this permit upon
30 days advance notice to the Permittee. -
3. The Permittee shall notify the District forty-eight hours
prior to the commencement of work at the site._ Please
contact Daniel E. Mohn, District Engineer, at (415) 923-
2250 prior to entry.
June 10, 1994
Page 2
4. Upon completion of said improvements, or upon termination
or revocation of this permit, the Permittee shall
completely remove any and all stored materials and
equipment and shall restore the site, including trackage,
to its condition prior to entry. If the Permittee fails
to perform said measures, the Permittor, after two (2)
weeks advance notice to the Permittee, may execute said
measures at the expense of the Permittee.
5. All sections of the enclosed Right -of -Entry Permit
General Provisions are included as part of this permit
and shall be strictly enforced. The Permittee's
attention is directed to Section 15, "Responsibility for
Damages and Insurance Requirements," and Section 21,
"Permit Fee and Costs," of the General Provisions. In
the event of a conflict between this letter and the
General Provisions, the provisions of this letter shall
govern.
6. The effectiveness of this permit is conditioned upon
receipt by the District of the fully endorsed copy of
this letter and General Provisions and evidence of the
insurance coverages required in this permit.
If the Permittee agrees to the foregoing terms and to the
terms of the enclosed "Right -of -Entry Permit General
Provisions," please have the Permittee's authorized officers
endorse the Permittee's acceptance on the attached copy of
this letter and return to the undersigned. If the endorsed
copy is not received within ten (10) days from the date of
this letter, this permit shall automatically terminate.
Very truly yours,
Carney J. Campion
General Manager
A
June 10, 1994
Page 3
AGREED TO AND ACCEPTED THIS
day of , 1994
By:
Name:
Title:
CJC/JWM/ j d
Enclosures
c: ADWard
MChun
DEMohn/MCGiacomini/NAStampfli/JWMcKim/GSShishido/
5.6.5 MP 5-14.8
.
GOLDEN GATE BRIDGE, HIGHWAY, AND TRANSPORTATION DISTRICT
RIGHT OF ENTRY PERMIT GENERAL PROVISIONS
1. Acceptance of Provisions. No work shall commence on the
Premises until Permittee accepts this Right -of Entry Permit
("Permit"). The doing of any work under this Permit shall
constitute an acceptance of the provisions of this Permit and
.all attachments.
2. Notice Prior to Starting Work. Before starting work under the
Right -of -Entry Permit, the Permittee •shall notify the
designated District representative two (2) working days prior
to initial start of work. When work has been interrupted for
more than five (5) working days, an additional 24-hour
notification is required before restarting work unless a pre-
arranged agreement has been made with the District's
representative. Unless otherwise specified, all work shall be
performed on weekdays and during normal working hours of the
District representative.
3. Inspection and Approval by the District. All work on the
Premises shall be performed in accordance with plans submitted
to the District for its prior approval and such work shall be
subject to monitoring and inspection by the District.
4. Keep Permit on the Work Site. The Right -of -Entry Permit or a
copy thereof, shall be kept at the site of the work and must
be shown to any representative of the District or any law
enforcement officer on demand. WORK MAY BE SUSPENDED IF
PERMIT IS NOT AT JOB SITE AS PROVIDED.
5. Permit from Other Agencies. The party or parties to whom a
permit is issued, shall, whenever required by law, secure the
written authorization for any work that must be approved by
the Public Utilities Commission (PUC) of the State of
California, CAL -OSHA, or any other public agency having
jurisdiction.
6. Provisions for Pedestrians. Where facilities exist, a minimum
sidewalk and bikepath width of four feet (4') shall be
maintained at all times for safe passage through the work
area. At no time shall pedestrians be diverted onto a portion
of the street used for vehicular traffic. At locations where
adjacent alternate walkways cannot be provided, appropriate
signs and barricades shall be installed at the limits of
construction and in advance of the closure at the nearest
crosswalk or intersection to divert pedestrians across the
street.
7. Protection of Traffic. Adequate provisions shall be made for
the protection of the travelling public. warning signs,
lights and safety devices, and other measures required for the
Page 1
public safety, shall conform to the requirements of the
Caltrans Manual of Traffic Controls. Nothing in the permit is
intended, as to third parties, to impose on Permittee any
duty, or standard of care, greater than or different than the
duty or standard of care imposed by law.
S. Minimum Interference with Traffic. All work shall be planned
and carried out so that there will be the least possible
inconvenience to the travelling public. The Permittee shall
contact the appropriate authorities for approval of a traffic
control plan prior to beginning any work. Traffic shall not
be unreasonably delayed.
9. Care of Drainage. If the work contemplated in any Right -of -
Entry Permit shall interfere with the established drainage,
ample provision shall be made by the Permittee to provide for
adequate drainage as may be directed by the District.
10. Location and Protection of Underground Facilities. It shall
be the Permittee's responsibility to determine the existence
of any underground facilities, utility or structures. Repair
or replacement of any facility, utility or structure damaged
as a result of the work is solely the responsibility of the
Permittee.
Ii. Making Repairs. In every case, the Permittee shall be
responsible for restoring to its former conditions, as nearly
as may be possible, any portion of the facility which has been
excavated or otherwise disturbed by Permittee. The Permittee
shall maintain the surface over any facilities or structures
placed upon the Premises.
12. Clean Up Site. Upon completion of the work, all brush,
timber, scraps, material, etc. shall be entirely removed and
the site shall be left in as presentable a condition as
existed before work started. If Permittee fails to perform
cleanup, the District, after 24-hour advance notice to
Permittee, may execute cleanup at the expense of the
Permittee.
13. Cost of Work. All costs incurred for work on the'Premises,
pursuant to this Permit shall be borne by the Permittee, and
Permittee hereby waives all claims for indemnification or
contribution from the District for such work. Permittee shall
fully pay for all materials, joined or affixed, to the
Premises, and shall pay in full all persons who perform labor
on the Premises. As a public entity, the property of the
District is subject to neither mechanics' no material men's
liens, and nothing contained in this Permit shall be construed
to make any property of the District subject to such liens.
However, if any such liens are filed, Permittee shall remove
them immediately at Permittee's own expense, and shall pay any
judgement which shall be entered. Should Permittee fail,
neglect or refuse so to do, District, after 48 hours' prior
Page 2
notice to Permittee, shall have the right to pay any amount
required to release any such liens, or to defend any action
brought, and to pay any judgement entered. Permittee shall be
liable to the District for all costs, damages, reasonable
attorneys' fees, and any amounts expended in defending any
proceedings or in the payment of any of said liens or any
judgement. District may post and maintain upon the Premises
notices of non -responsibility as provided by law.
14. submit Plans. For installation of all underground facilities,
and all surface work or other activity of consequence, the
Permittee shall furnish two (2) sets of plans showing location
and construction or other activity with its application.
Thirty (30) days after completion and approval of the work,
one (1) set of as -built plans shall be submitted to the
District.
15. Responsibility for Damage and Insurance Requirements.
Permittee shall release, defend (with counsel satisfactory to
the District) and indemnify the District from and against all
liability, cost and expense for loss of or damage to property
and for injuries to or death of any person (including, but not
limited to, the property and employees of each party) when
arising or resulting from the use of the Premises by
Permittee, its agents, employees, contractors, subcontractors
or invitees; or Permittee's breach of these provisions. The
duty of Permittee to indemnify and save harmless includes the
duties to defend as set forth in Section 2778 of the Civil
Code. It is the express intent of the parties under this
Section 15, that Permittee will indemnify and hold harmless
District, its directors, officers, employees, and agents from
any and all claims, suits or actions arising from any cause
whatsoever as set forth above regardless of the existence or
degree of fault or negligence on the part of the District,
Permittee or any subcontractor or employee of any of these,
other than the active negligence, wilful misconduct or
criminal acts of the District, its directors, officers,
employees and agents. Permittee waives any and all rights to
any type of express or implied indemnity against the District,
its directors, officers, employees or agents. This indemnity
shall survive termination of this Permit.
Prior to entry upon the Premises, Permittee shall provide the
District with satisfactory evidence, in the form of a
Certificate of Insurance, in accordance with the following,
which insurance shall remain in effect throughout the term of
this Permit:
a. Workers' Comaensation and Emnlovers' Liabilitv Insurance.
Permittee shall procure and maintain Workers'
Compensation Insurance and Employers' Liability Irisurance
in accordance with laws of the State of California.
Employers' Liability Insurance shall have coverage for a
minimum liability of TWO MILLION DOLLARS ($2,000,000)
Page 3
covering Contractor's employees engaged in the work.
Permittee shall insure the procurement and maintenance of
such insurance by all contractors or subcontractors
engaged on the work.
Prior to commencement of any work hereunder,, Permittee o
shall deliver to the District a Certificate f Insurance
which shall stipulate that 30 days advance written notice
of cancellation, non -renewal or reduction in limits shall
be given to the District.
b. Personal Iniury and Pronertv Damage Liabilitv Insurance.
Permittee shall also procure and maintain Personal Injury
and Property Damage Liability Insurance which shall
include as an additional insured the "Golden Gate'Bridge,
Highway and Transportation District, and its respective
directors, officers, employees and agents" while acting
in such capacity, and its successors or assignees, as
they now or as they may hereafter be constituted, singly,
jointly, or severally. Said insurance shall include
Automobile Bodily Injury and Property Damages coverage,
including owned, hired and non -owned vehicles.
Said insurance shall be subject to a combined single
limit of liability of not less than Five Million Dollars
($5,000,000).
A Certificate of Insurance shall be filed with the
Secretary of the District prior to the start of any work
under this Permit which shall inter alia stipulate:
i) Thirty days advance written notice shall be given
to the General Manager of the District prior to
cancellation non -renewal or reduction in limits.
ii) That the policy is Primary Insurance and the
insurance company providing such policy shall be
liable thereunder for the full amount of any loss
or claim which Permittee is liable for under
Sections 15 and 16, up to and including the total
limit of liability, without right of contribution
from any other insurance effected or which may be
effected by the Golden Gate Bridge, Highway and
Transportation District.
iii) The policy shall also stipulate: Inclusion of
Golden Gate Bridge, Highway and Transportation
District as an additional insured shall not in any
way affect its right either as respects any claim,
demand, suit or judgement made, brought or
recovered against the Permittee. Said policy shall
protect Permittee and Golden Gate Bridge, Highway
and Transportation District, in the same manner as
though a separate policy had been issued to each,
Page 4
but nothing in said policy shall operate to
increase the insurance company's liability as set
forth in its policy beyond the amount or amounts
shown or to which the insurance company would have
been liable if only one interest had been named as
an insured.
16. Permittee shall comply, at Permittee's expense, with all
applicable laws, regulations, rules and orders with respect to
the use of the Premises, regardless of when they become or
became effective, including, without limitation, those
relating to construction, grading, signage, health, safety,
noise, environmental protection, hazardous materials, waste
disposal and water and air quality, and furnish satisfactory
evidence of such compliance upon request from the District.
Should any discharge, leakage, spillage, emission, or
pollution of any type occur upon or from the Premises due to
Permittee's use and occupancy thereof, Permittee, at
Permittee's expense, shall clean all affected property to the
satisfaction of the District and any governmental body having
jurisdiction.
Permittee shall indemnify, hold harmless and defend the
District against all liability, cost and expense (including,
without limitation, any fines, penalties, judgements,
litigation costs, reasonable attorneys fees and consulting,
engineering and construction costs) incurred by the District
as a result of Permittee's breach of this section or as a
result of any such discharge, leakage, spillage, emission or
pollution by Permittee, regardless of whether such liability,
cost or expense arises during or after the term of this
Permit.
Permittee shall pay all amounts due to the District under this
section within ten (10) business days after the District has
submitted the same to Permittee for payment.
17. Any person, firm or corporation Permittee authorizes to work
upon the Premises shall be deemed to be the Permittee's agent
and shall be subject to all the applicable terms hereof.
18. Upon termination of this Permit, Permittee, at its own
expense, shall remove from the Premises all property it owns
or controls and restore the ground terrain to a condition
reasonably satisfactory to the District. Upon Permittee's
failure to do this, the District, upon 48 hours prior notice
to Permittee, may perform such work at Permittee's expense.
19. If any provision of this Permit shall be for any reason
unenforceable, in any respect, such unenforceability shall not
affect the other provisions of this Permit.
Page 5
VC
20. If any legal proceeding should be instituted by either of the
parties to enforce the terms of this Permit or to determine
the rights of the parties under this Permit, the prevailing
party in the proceedings shall receive, in addition to all
court costs, reasonable attorney's fees.
21. Permit Fee and Costs. In consideration of the rights conveyed
hereunder and to reimburse the Permittor for its costs for
review of the permit application, design and construction
plans and preparation of the agreement, Permittee agrees to
pay to Permittor a permit fee in the amount of In
addition, Permittee agrees to pay upon demand expenses
incurred by Permittor for inspection of construction, if any.
AGREED TO AND ACCEPTED THIS
DAY OF , 1994
PERMITTEE
By:
Name:
Title:
Disk: NNt? ROW U
PN: RIGHTOFE.TRYf)d
Page 6