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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 r tn 1� j A '51 L luill 1 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 -2- 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 Ap p"kCOri)IN, m:_ . City Attorney L -3-