HomeMy WebLinkAboutResolution No. 5137RESOLUTION NO. 5137
A RESOLUTION AUTHORIZING THE SIGNING OF AN AGREEMENT
WITH SOUTHERN PACIFIC LAND COMPANY
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HEREBY RESOLVES as follows:
The MAYOR and CITY CLERK are authorized to execute, on behalf
of the City of San Rafael an Agreement with SOUTHERN PACIFIC LAND
COMPANY covering that portion of a City sewer pipeline over SOUTHERN
PACIFIC LAND COMPANY property (being a portion of A.P. No. 13-012-02).
A copy of said Agreement is hereby attached and by this reference made
a part hereof.
I, MARION A. GRADY, City Clerk of the City of San Rafael, hereby
certify that the foregoing resolution was duly and regularly introduced
and adopted at a REGULAR meeting of the City Council of said City held on
TUESDAY, the 6TH day of JULY, 1976, by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Nixon
MARION A. GRADY, City Cler
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THIS AGREEMENT, made this day of , 1976,
by and between SOUTHERN PACIFIC LAND COMPANY, a corporation, herein
termed "Owner," and CITY OF SAN RAFAEL, a municipal corporation of
the State of California, address: City Hall, 1400 Fifth Street,
San Rafael, California 94901, herein termed "Licensee";
WITNESSETH THAT:
Owner, in consideration of the faithful performance by
Licensee of all the covenants and agreements herein contained,
hereby permits Licensee to continue to maintain and operate
beneath Owner's property at a depth specified by Owner, and
reconstruct, when necessary, that certain twelve inch (12")
diameter and six inch (6") diameter vitrified clay sewer pipe
line, herein termed "structure," in or near the City of San
Rafael, in the County of Marin, State of California, in the
located shown on the print of Owner's Drawing No. P&E 173, dated
April 13, 1976, attached hereto and made a part hereof upon the
following terms and conditions:
1. Licensee agrees to keep Owner's premises in a good and
safe condition, so far as affected by Licensee's use, free from
waste all to the satisfaction of Owner, failing in which Owner
may perform the necessary work at the expense of Licensee, which
expense Licensee agrees to pay to Owner upon demand. All work upon,
or in connection with, said structure shall be done to the
satisfaction of Owner at such times and in such manner as not to
interfere in any way whatsoever with the operations of Owner.
Should Owner require the removal, reconstruction, alteration or
changes in the location of said structure, then Licensee agrees
at Licensee's own sole cost and expense, upon receiving written
notice from Owner so to do, to forthwith construct and maintain
an additional structure or extend or change said structure or
immediately remove, reconstruct, alter or make changes in the
location of said structure as may be requested by Owner and in
a manner satisfactory to Owner. Licensee shall give Owner five
(5) days' written notice prior to the commencement of any work
of construction or reconstruction.
2. Licensee shall not assign or transfer this agreement, in
whole or in part, or permit any other person to use the right or
privilege hereby given, without the prior written consent of Owner.
3. As part consideration for the permission herein given,
Licensee shall pay to Owner the sum of Thirty Dollars ($30) per
annum, payable annually in advance.
Any privilege, sales, gross income or other tax (not including
income tax) imposed upon the rentals herein, or upon Owner
in an amount measured Dy the rentals, shall be paid by Licensee.
4. In the event Uicensee shall discontinue the use of said
structure or shall abandon the same, all rights hereby given shall forth-
with cease and determine.
Should Licensee fail to keep, observe and perform any covenant
or condition on Licensee's part herein contained, all rights hereby
given shall, at the option of Owner forthwith cease and determine.
Upon termination of the privileges contained herein or upon termina-
tion of this agreement, as hereinafter provided, Licensee shall, at
it's own cost and expense, immediately remove said structure, and
restore said premises as nearly as possible to the same state and
condition they were in prior to the construction of said structure,
failing which, such removal and restoration may be performed by
Owner at the expense of Licensee, which expense Licensee agrees
to pay to Owner on demand.
5. Licensee, to the extent permitted by law, agrees to release
and indemnify Owner from and against all liability, cost and expense
for loss of or damage to property and for injury to or deaths of
persons (including, but not limited to, the property and employees
of each of the parties hereto) when arising or resulting from:
(a) the use of said premises by Licensee, its agents,
employees or invitees, or
(b) the construction, presence, maintenance, use or removal
of said structure, or
(c) breach of the contract by Licensee,
whether or not caused or contributed to by any act or omission of
Owner.
The term "Owner," as used in this section 5, shall include the
lessor, successors, assigns and affiliated companies of Owner.
6. No work on Owner's premises shall be commenced by any
contractor for Licensee until such contractor has entered into
an agreement with Owner covering such work.
7. Licensee will fully pay for all materials joined or affixed
to said premises, and pay in full all persons who perform labor upon
said premises, and will not permit or suffer any mechanics' -'.-.ens
or materialmen's liens of any kind or nature to be enforced against
said premises for any work done or materials furnished thexe..:* at
Licensee's instance or request.
8. In case of suit to compel performance of, or to recover for
breach of, any covenant, agreement or condition herein written.., the
losing party shall and will pay reasonable attorney's fees in
addition to the amount of judgment and costs.
9. This agreement may be terminated by either party hereto by
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giving thirty (30) days' notice in writing to that effect.
10. Except as otherwise provided herein, the terms and condi-
tions of this agreement shall inure to the benefit of and be binding
upon the heirs, executors, administrators, successors and assigns
of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused these presents
to be executed in duplicate the day and year first herein written.
SOUTHERN PACIFIC LAND COMPANY
By
Title:
CITY OF SAN RAFAEL .�
Mayor
erk
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City Attorney
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