HomeMy Public PortalAboutResolution - 04-20- 20040623 - Pulgas Ridge Closing I
RESOLUTION NO. 04-20
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENiNSULA REGIONAL OPEN SPACE DISTRICT
AUTHORIZING EXECUTION OF THE AGREEMENT FOR SALE
OF REAL ESTATE, AUTHORIZING OFFICER OR GENERAL
MANAGER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF
GRANT TO DISTRICT,AUTHORIZE GENERAL MANAGER TO
ENTER INTO REVOCABLE PERMIT, AND AUTHORIZING
GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER
DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF
THE TRANSACTION(PULGAS RIDGE OPEN SPACE PRESERVE—
LANDS OF CITY AND COUNTY OF SAN FRANCISCO)
The Board of Directors of Midpeninsula Regional Open Space District does resolve as follows:
Section One. The Board of Directors of Midpeninsula Regional Open Space District does hereby accept
the offer contained in that certain Agreement for Sale of Real Property between the City and County of
San Francisco and the Midpeninsula Regional Open Space District,and authorize execution thereof,a
copy of which is attached hereto and by this reference made a part hereof.
Section Two. The General Manager or President of the Board of Directors or other appropriate officer is
authorized to execute Certificate of Acceptance for the Deed on behalf of District.
Section Three. The General Manager is authorized to execute the Revocable Permit for Public Trail.
Section Four. The General Manager of the District shall cause to be given appropriate notice of
acceptance to seller. The General Manager is further authorized to execute any and all other documents
in escrow necessary or appropriate to the closing of the transaction.
Section Five. The General Manager of the District is authorized to expend up to $I2,000 to cover the cost
of title insurance, escrow fees, survey costs, lot line adjustment applications, and other miscellaneous
costs related to this transaction.
Section Six. The General Manager and General Counsel are further authorized to approve any technical
revisions to the attached Agreement for Sale of Real Property, Revocable Permit and documents which do
not involve any material change to any term of the Agreement or documents,which are necessary or
appropriate to the closing or implementation of this transaction.
Section Seven. It is intended, reasonably expected, and hereby authorized that the District's general fund
will be reimbursed in the amount of$2,500.00 from the proceeds of the next long-term District note issue.
This Section of this Resolution is adopted by the Board of Directors of the Midpeninsula Regional Open
Space District solely for purposes of establishing compliance with the requirements of Section 1.103-18
of the Treasury Regulations. The reimbursement of this payment expenditure is consistent with the
District's budgetary and financial circumstances. There are no funds or sources of monies of the District
that have been, or are reasonably expected to be, reserved or allocated on a long-term basis,or otherwise
set aside to pay the costs of this open space land-acquisition project which are to be paid or reimbursed
. The Board of Directors hereby declares the
proceeds of indebtedness to be issued b y
out of proc y the District
If for this open ace land
o reimburse itself o
District's official intent to use proceeds of indebtedness t p P
acquisition project expenditure.
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RESOLUTION No. 04-20
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space
District on June 23, 2004, at a Regular Meeting thereof, by the following vote:
AYES: J. Cyr, M. Davey, N. Hanko, L. Hassett, D. Little, K. Nitz, P. Siemens
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST: APPROVED:
^ �I
"Secretary President
Board of Directors Board of Directors
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I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify that
the above is a true and correct copy of a resolution duly adopted by the Board of Directors of
meeting thereof duly
the Midpeninsula Regional Open Space District by the above vote at a me g y
held and called on the above day.
D' Clerk II
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ORIGINAL
AGREEMENT FOR SALE OF REAL ESTATL
by and between
CITY AND COUNTY OF SAN FRANCISCO,
as Seller
and
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT,
as Buyer
For the sale and purchase of
A portion of Parcel No. 093-150-020,
San Mateo County, California
October 21, 2004
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TABLE OF CONTENTS
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!. SALE AND PURCHASE l
� 1.1 Property Included io Sale...........................................................................................l �
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� 2 ��(���8 l
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3. ]CI][DE 1
� Il Conditions of Title.....................................................................................................l
� 3.2 Deed Covenants.........................................................................................................l
3.3 Buyer's Responsibility for Title Insurance.................................................................2
4. `^AS~0S^, PURCHASE; RELEASE OF CITY 2
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4.1 Buyer's Independent Investigation--------_.---~---.—.—.—.—.__..—.2
4`2 Entry and Indemnity ---..---.--..—.—.—.—.—..—.—.—.__'..__.._.____,3
4.3 "As-Is" Purchase.--.—..---.---.—..--.--.—.—_.—..—...—.—...—......--.3
4/4 Release nf City...........................................................................................................4
� 4.5 —__--~'—'--'--`'—'—^~--'—'--^--'`---'''5
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� 5. CONDITIONS PRECEDENT 5
� 5.1 Buyer's Conditions Precedent....................................................................................5
5.2 Contingency Period....................................................................................................5
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5 � ����� K�ood��wu�m�c���ot 6 �
� . _'`' .—.^.---~.....—_----.-.-,.—..,--.—.—...---.
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� 5.4 Failure ofCity'm Conditions Precedent .—..—.—.—.—.—.—.-.--.~.---.—....—._..6
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� 6. ESCROW AND CLOSING M �
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6.1 Escrow........................................................................................................................0 �
6.2 Closing Date.-.—..—...--.—_.--._.--..--.---.~—.--_..—.~'—..--.6
0.3 Deposit Vf Documents................................................................................................7
6'4 Ir0catioou.................................................................................................................../
7. RISK OF LOSS 7
7.1 Loss............................................................................................................................/
� 7.2 Self-Insurance............................................................................................................M
0. EXPENSES 8
8.1 Expenses .--.---.—.---..—.—.—.---------.-----_....---.—.--0
� 8.2 Brokers.......................................................................................................................8
9� GENERAL� PROVISIONS 0
9.1 Notices.......................................................................................................................0
� 9.2 Successors and Assigns—_.—.—.----.--.,,..—.—.---.—.—.—.---.--.—.9
9.3 Amendments..........,......................,...............................,....................,..................9
9/4 Authority of Buyer.....................................................................................................9
4.5 Governing Law ..........................................................................................................9
9.6 Merger of Prior Agreements--._.,--.--.—.—.__.,.''^'~—^—''`'--'—'—'--9
9.7 Parties and Their Agents--..—.--.—.--..---._,_..—.—.—....,.--.—.--/}
9L0 Interpretation of Agreement...--.--.--.---..—.--.--.—.—.---.-----..9
9.9 ' Fee»...........................................................................................................lA
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gJATime 0f Essence.........................................................................................................}A
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� 9L11 No Merger—....--.--.—.—.---....--.--.....—.---.—.--.-.—..—..--.]0
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� 9.12 of City Officials, Employees and Agents ...........................................l0
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9.13 Tropical Hardwood and Virgin Redwood Ban..........................................................lR
9.14 No Recording_..—...—.—.---.—..--.--..—_-....--._...-,,—.--.—.--.l0
9.15 Earned Income Credit /ETC\ Forms...........................................................................lO
9.16 Counterparts..—.--.—.--.--.--_..,-...—.~..—.--.--.-_._—.--.--..11
9.17 Effective Date ............................................................................................................ll
9J0Acceptance b«Buyer.................................................................................................ll
gJg MocBcb1e Principles - Northern Ireland .................................................................... l
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LIST OF EXHIBITS
EXHIBIT A REAL PROPERTY DESCRIPTION
EXHIBIT B MAP DEPICTING PROPERTY
EXHIBIT C MAP DEPICTING BUYER'S ADJOINING PROPERTY
EXHIBIT D QUITCLAIM DEED
AGREEMENT FOR SALE OF REAL ESTATE
(Portion of APN 093-150-020, San Mateo County, California)
THIS AGREEMENT FOR SALE OF REAL ESTATE (this "Agreement") dated for reference
purposes only as of October 21, 2004 is by and between the CITY AND COUNTY OF
SAN FRANCISCO, a municipal corporation ("City" or "Seller"), and MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT, a public district ("Buyer").
THIS AGREEMENT IS MADE WITH REFERENCE TO THE FOLLOWING FACTS
AND CIRCUMSTANCES:
A. City owns the Property located in the County of San Mateo described in Article I
below, as more particularly depicted in Exhibits A and B attached hereto and incorporated herein
by reference. The Property consists of approximately 5,162 square feet of real property with
certain improvements (or portions thereof) thereon, located adjacent to the Pulgas Ridge Open
Space Preserve in San Mateo County. The Property was formerly a portion of a sewage
treatment facility that serviced Hassler Health Home, a tuberculosis treatment center that is no
longer in operation.
B. Buyer owns certain real property("Buyer's Adjoining Property") located adjacent
to the Property and more particularly depicted in the plat attached hereto as Exhibit C and
incorporated herein by reference, which Buyer's Adjoining Property was previously sold by
City to Buyer for use as a public park, open space and/or public recreational purposes. The
remainder and majority of the sewage treatment facility is located on Buyer's Adjoining
Property, and Buyer has requested that City convey the Property to Buyer so that Buyer may use
the Property as a staging and parking area for the Pulgas Ridge Open Space Preserve.
C. The Public Utilities Commission ("PUC") has recommended sale of the Property
pursuant to Resolution No. 03-0154 dated July 29, 2003, provided that the Buyer assumes all
costs and liabilities associated with the Property and the demolition and removal of the structures
and all hazardous waste cleanup and indemnifies City for any claims related thereto.
D. Without a legal subdivision of I acre or more, the Buyer is the only potential
purchaser of the Property and is willing to assume all costs and liabilities associated with the
Property and the demolition and removal of the structures and all hazardous waste cleanup,
which the City's Real Estate Division advises far exceeds the fair market value of the Property.
E. Buyer desires to purchase the Property and City is willing to sell the Property,
subject to approval by City's Board of Supervisors and Mayor, on the terms and conditions set
forth hereinbelow.
ACCORDINGLY, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, City and Buyer hereby agree as follows:
1. SALE AND PURCHASE
1.1 Property Included in Sale. Subject to the terms, covenants and conditions set
forth herein, City agrees to sell to Buyer, and Buyer agrees to purchase from City, City's interest
in the real property located on Edmond Road in the County of San Mateo, State of California,
and more particularly described in Exhibit A attached hereto, and as shown generally on the map
attached hereto as Exhibit B, together with improvements (or any portion thereof) located
thereon (collectively, the "Property").
2. CONSIDERATION
The purchase price for the Property is $0.00, however, in consideration for City
quitclaiming its interest in the Property to Buyer, Buyer shall assume all costs and liabilities
associated with the Property and the obligation for demolition and removal of the structures
located on the Property and all hazardous waste cleanup related thereto, and Buyer shall
indemnify City for any claims related thereto, in accordance with the terms and conditions of this
Agreement (the "Buyer's Consideration"). In addition to satisfying any other applicable terms
and conditions set forth in this Agreement, Buyer shall execute and deliver into Escrow No.
0360002934 with Old Republic Title Company the "Title Company") 601 Allerton Street,
Redwood City, CA 94063 (650) 365-8080 any and all agreements, certificates or other
documents deemed reasonably necessary by City to evidence, support or enforce such Buyer's
Consideration in connection with, and as a condition to, the consummation of the purchase and
sale contemplated hereunder(the "Closing"). Buyer shall pay any and all closing costs for which
Buyer is responsible under this Agreement, as a condition to Closing. All sums payable
hereunder shall be paid in immediately available funds of lawful money of the United States of
America.
3. TITLE
3.1 Conditions of Title. At the Closing City shall quitclaim interest in and to the
Property to Buyer by quitclaim deed in the form of Exhibit D attached hereto (the "Deed"). Title
to the Property shall be subject to (a) liens of local real estate taxes and assessments, (b) all
existing exceptions and encumbrances, whether or not disclosed by a current preliminary title
report or the public records or any other documents reviewed by Buyer pursuant to Section 5.1
hereof, and any other exceptions to title which would be disclosed by an accurate and thorough
investigation, survey, or inspection of the Property, (c) all items of which Buyer has actual or
constructive notice or knowledge, and (d) the deed covenants described in Section 3.2 below.
All of the foregoing exceptions to title shall be referred to collectively as the "Conditions of
Title." Without limiting the foregoing, Buyer acknowledges receipt of a preliminary report
issued by the Title Company under Order No. 0360002934, dated April 20, 2004, covering the
Property and approves all of the exceptions contained therein.
3.2 Deed Covenants. Buyer acknowledges and agrees that City would not sell the
Property unless Buyer agreed to covenant, in perpetuity, to: (a) assume any and all costs and
liabilities associated with the Property and the demolition and removal of the structures located
on the Property and all hazardous waste cleanup related thereto, and to indemnify City for any
claims related thereto, and (b) use the Property exclusively for a public park, open space and/or
public recreational purposes. Therefore, Buyer agrees that the Deed shall contain binding
covenants requiring Buyer, its successors and assigns, to: (i) assume any and all costs and
liabilities associated with the Property and the demolition and removal of the structures located
on the Property and all hazardous waste remediation related thereto, and to indemnify City for
any and all existing or future claims, whether known or unknown, related thereto, as more
particularly set forth in the Deed; and (ii) dedicate the Property for use as a public park, open
space and/or public recreational purposes, which conditions shall be conditions subsequent for
the benefit of City, and in the event such conditions are not satisfied, City shall have the power to
terminate the fee simple estate in the Property conveyed by this deed as defined in California
Civil Code Section 885.010.
3.3 Buyer's Responsibility for Title Insurance. Buyer understands and agrees that
the right, title and interest in the Property shall not exceed that vested in City, and City is under
no obligation to furnish any policy of title insurance in connection with this transaction. Buyer
recognizes that any fences or other physical monument of the Property's boundary lines may not
correspond to the legal description of the Property. City shall not be responsible for any
discrepancies in the parcel area or location of the property lines or any other matters which an
accurate survey or inspection might reveal. It is Buyer's sole responsibility to obtain a survey
from an independent surveyor and a policy of title insurance from a title company, if desired.
4. "AS-IS" PURCHASE; RELEASE OF CITY
4.1 Buyer's Independent Investigation. Buyer represents and warrants to City that
Buyer has performed a diligent and thorough inspection and investigation of each and every
aspect of the Property, either independently or through agents of Buyer's choosing, including,
without limitation, the following matters (collectively, the "Property Conditions"):
(a) All matters relating to title including, without limitation, the existence,
quality, nature and adequacy of City's interest in the Property and the existence of physically
open and legally sufficient access to the Property.
(b) The zoning and other legal status of the Property, including, without
limitation, the compliance of the Property or its operation with the Subdivision Map Act and any
other applicable codes, laws, regulations, statutes, ordinances and private or public covenants,
conditions and restrictions, and all governmental and other legal requirements such as taxes,
assessments, use permit requirements and building and fire codes.
(c) The quality, nature, adequacy and physical condition of the Property,
including, but not limited to, the structural elements, foundation, roof, interior, landscaping,
parking facilities, and the electrical, mechanical, hvac, plumbing, sewage and utility systems,
facilities and appliance, and all other physical and functional aspects of the Property.
(d) The quality, nature, adequacy, and physical, geological and environmental
condition of the Property (including soils and any groundwater), and the presence or absence of
any Hazardous Materials in, on, under or about the Property or any other real property in the
vicinity of the Property. As used in this Agreement, "Hazardous Material" shall mean any
material that, because of its quantity, concentration or physical or chemical characteristics, is
now or hereafter deemed by any federal, state or local governmental authority to pose a present
or potential hazard to human health or safety or to the environment.
(e) The suitability of the Property for Buyer's intended uses. Buyer represents
and warrants that its intended use of the Property is a public staging and parking area, consistent
with public park, open space and/or public recreational purposes.
(f) The economics and development potential, if any, of the Property.
(g) All other matters of material significance affecting the Property.
(h) Buyer acknowledges that City has disclosed the matters relating to the
Property referred to in Schedule I-attached hereto, including without limitation, that there may
be Hazardous Materials in, on, under or about the Property or any other real property in the
vicinity of the Property, and that Buyer has retained certain consultants to review the
environmental condition of the Property. Buyer further acknowledges that City has disclosed
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that the Property is a portion of an existing parcel reserved by City, the Property is not a separate
legal parcel, and that City has represented that it is exempt from compliance with the Subdivision
Map Act. Nothing contained in such schedule shall limit any of the provisions of this Article or
relieve Buyer of its obligations to conduct a diligent inquiry hereunder, nor shall any such
matters limit any of the provisions of Section 4.3, "As-Is" Purchase, or Section 4.4, Release of
City.
4.2 Entry and Indemnity. In connection with any entry by Buyer or its Agents onto
the Property, Buyer shall give City reasonable advance written notice of such entry and shall
conduct such entry and any inspections in connection therewith so as to minimize, to the extent
possible, interference with uses being made of the Property and otherwise in a manner and on
terms and conditions acceptable to City. All entries by Buyer or its Agents onto the Property to
perform any testing or other investigations which could affect the physical condition of the
Property (including, without limitation, soil borings) or the uses thereof will be made only
pursuant to the terms and conditions of a permit to enter in form and substance satisfactory to
City. Without limiting the foregoing, prior to any entry to perform any on-site testing, Buyer
shall give City written notice thereof, including the identity of the company or persons who will
perform such testing, the precise time and location of the testing, and the proposed scope of the
testing. City shall have the right to approve, disapprove, or condition and limit the proposed
testing, in City's sole discretion, within ten (10) business days after receipt of such notice. If
Buyer or its agents, employees or contractors take any sample from the Property in connection
with any approved testing, Buyer shall provide to City a portion of such sample being tested to
allow City, if it so chooses, to perform its own testing. City or its representative may be present
to observe any testing or other inspection performed on the Property. Buyer shall promptly
deliver to City copies of any reports relating to any testing or other inspection of the Property
performed by Buyer or its agents, employees or contractors, but shall not deliver copies of any
such reports to any other person or entity without Buyer's prior written approval. Buyer shall
keep all test results and information strictly confidential, and shall indemnify, reimburse, defend
and hold City harmless from and against any loss, cost, expense, or.damage resulting from
Buyer's failure to keep any information obtained from an inspection or testing of the Property
strictly confidential; provided, however, Buyer shall not be liable if and to the extent Buyer is
required to disclose such information pursuant to a court order. Buyer shall comply with all
laws, ordinances, rules, regulations, orders and the like in connection with any entry onto or
testing of the Property.
Buyer shall maintain, and shall require that its Agents maintain, public liability
and property damage insurance in amounts and in form and substance adequate to insure against
all liability of Buyer and its Agents, arising out of any entry or inspection of the Property in
connection with the transaction contemplated hereby, and Buyer shall provide City with
evidence of such insurance coverage upon request from City.
To the fullest extent permitted under law, Buyer shall indemnify, defend and hold
harmless City, its Agents, and each of them, from and against any liabilities, costs, damages,
losses, liens, claims and expenses (including, without limitation, reasonable fees of attorneys,
experts and consultants and related costs) arising out of or relating to any entry on, under or
about the Property by Buyer, its Agents, contractors and subcontractors in performing the
inspections, testings or inquiries provided for in this Agreement, whether prior to the date of this
Agreement or during the term hereof, including, without limitation, any injuries or deaths to any
persons (including, without limitation, Buyer's Agents) and damage to any property, from any
cause whatsoever. The foregoing indemnity shall survive beyond the Closing, or, if the sale is
not consummated, beyond the termination of this Agreement.
4.3 "As-Is" Purchase. BUYER SPECIFICALLY ACKNOWLEDGES AND
AGREES THAT CITY IS SELLING AND BUYER IS PURCHASING CITY'S INTEREST IN
THE PROPERTY ON AN "AS-IS WITH ALL FAULTS" BASIS. BUYER IS RELYING
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SOLELY ON ITS INDEPENDENT INVESTIGATION AND NOT ON ANY
REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR
IMPLIED, FROM CITY OR ITS AGENTS AS TO ANY MATTERS CONCERNING THE
PROPERTY, ITS SUITABILITY FOR BUYER'S INTENDED USES OR ANY OF THE
PROPERTY CONDITIONS. CITY DOES NOT GUARANTEE THE LEGAL, PHYSICAL,
GEOLOGICAL, ENVIRONMENTAL OR OTHER CONDITIONS OF THE PROPERTY, NOR
DOES IT ASSUME ANY RESPONSIBILITY FOR THE COMPLIANCE OF THE
PROPERTY OR ITS USE WITH ANY STATUTE, ORDINANCE OR REGULATION. IT IS
BUYER'S SOLE RESPONSIBILITY TO DETERMINE ALL BUILDING, PLANNING,
ZONING AND OTHER REGULATIONS RELATING TO THE PROPERTY AND THE USES
TO WHICH IT MAY BE PUT.
4.4 Release of City. As part of its agreement to purchase the Property in its "As-Is
With All Faults" condition, Buyer, on behalf of itself and its successors and assigns, waives any
right to recover from and forever releases and discharges, City, its officers, employees, agents,
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contractors and representatives, and their respective heirs, successors, legal representatives and
assigns, from any and all demands, claims, legal or administrative proceedings, losses, liabilities,
damages, penalties, fines, liens,judgments, costs or expenses whatsoever(including, without
limitation, attorneys' fees and costs), whether direct or indirect, known or unknown, foreseen or
unforeseen, that may arise on account of or in any way be connected with (i) Buyer's and its
Agents and customer's past, present and future use of the Property, (ii) the physical, geological
or environmental condition of the Property, including, without limitation, any Hazardous
Material in, on, under, above or about the Property, and (iii) any federal, state, local or
administrative law, rule, regulation, order or requirement applicable thereto, including, without
limitation, the Comprehensive Environmental Response, Compensation and Liability Act of
1980 ("CERCLA", also commonly known as the "Superfund" law), as amended by Superfund
Amendments and Reauthorization Act of 1986 ("SARA") (42 U.S.C. Sections 9601-9657), the
Resource Conservation and Recovery Act of 1976, as amended by the Solid Waste and Disposal
Act of 1984 (collectively, "RCRA") (42 U.S.C. Sections 6901-6987), the Federal Water
Pollution Control Act, as amended by the Clean Water Act of 1977 (collectively the "Clean
Water Act") (33 U.S.C. Sections 1251 et seg.), the Toxic Substances Control Act ("TSCA") (15
U.S.C. Sections 2601-2629), Hazardous Materials Transportation Act (49 U.S.C. Section 1801
et seg.), the Carpenter-Presley-Tanner Hazardous Substance Account Law (commonly known as
the "California Superfund" law) (California Health and Safety Code Sections 25300-25395),
Hazardous Waste Control Act (California Health and Safety Code Section 25100 et se .),
Hazardous Materials Release Response Plans and Inventory Law (commonly known as the
"Business Plan Law") (California Health and Safety Code Sections 25500 et sue.), Porter-
Cologne Water Quality Control Act (California Water Code Section 13000 et seq.), Safe
Drinking Water and Toxic Enforcement Act of 1986 (commonly known as "Proposition 65")
(California Health and Safety Code Section 25249.5 et sec.).
In connection with the foregoing release,Buyer expressly waives the benefits
of Section 1542 of the California Civil Code,which provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR DOES NOT KNOW OR EXPECT
TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING
THE RELEASE, WHICH IF KNOWN TO HIM MUST
HAVE MATERIALLY AFFECTED THE SETTLEMENT
WITH THE DEBTOR.
BY PLACING ITS INITIALS BELOW, BUYER SPECIFICALLY ACKNOWLEDGES AND
CONFIRMS THE VALIDITY OF THE RELEASES MADE ABOVE AND THE FACT THAT
BUYER WAS REPRESENTED BY COUNSEL WHO EXPLAINED, AT THE TIME THIS
AGREEMENT WAS MADE,THE CONSEQUENCES OF THE ABOVE RELEASES.
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II
INITIALS: BUYER:
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4.5 Environmental Indemnity. Buyer specifically agrees and covenants to assume and
h cost and expense of the demolition and removal of an structures
be responsible for(i) the p y
located on the Property, including without limitation any "Remediation" (defined to include the
process of, and all work and planning performed in connection with, the investigation, testing
for, monitoring, remediation, containment, transportation, removal and disposal of any hazardous
substances or toxic materials on, about, adjacent to or affecting the Property, and restoration and
repair of the Property) related to the Property(the "Demolition Costs"), and (ii) any and all costs,
claims, demands, actions, suits, debts, expenses, accounts, losses (including diminution in the
value of the Property and other consequential damages), damages or liabilities of whatever kind
or nature, known or unknown, suspected or unsuspected, and by whomsoever asserted, in law,
equity or otherwise (each a "Claim" and collectively, "Claims") that the Buyer or the Property
may suffer or claim to suffer based in whole or in part on the presence, or threatened or
suspected presence, generation, processing, use, management, treatment, storage, disposal,
Remediation, transportation, recycling, emission or release or threatened emission or release,
whether in the past, present or future, of any hazardous substance or toxic material on, about,
adjacent to or affecting the Property. Buyer further agrees and covenants, at its sole cost and
expense, to indemnify, protect and hold harmless, City from and against any and all such
Demolition Costs, and/or such Claims (including without limitation, the payment of damages,
both actual and consequential, and the payment of reasonable fees and expenses of experts,
attorneys and others) described in this Section, 4.5. Buyer's indemnity obligations under this
Section 4.5 shall survive Closing of the transaction contemplated in this Agreement.
5. CONDITIONS PRECEDENT
5.1 Buyer's Conditions Precedent. Buyer's obligation to purchase the Property is
conditioned upon the following (collectively, "Buyer's Conditions"):
(a) Buyer's review and approval of an updated preliminary title report,
together with copies of the underlying documents, and a current "as-built" survey in sufficient
detail to support the issuance of the Title Policy as provided in Section 3.3 (the "Survey"). The
Survey shall include a field note description properly certified to Buyer and the Title Company.
Buyer shall provide a copy of the Survey to the City upon Buyer's receipt thereof.
(b) Buyer's review and approval of an economic feasibility study of the
Property.
(e) Buyer's review and approval of the physical condition of the Property.
(d) Buyer's review and approval of all zoning, land use, building,
environmental and other statutes, rules, or regulations applicable to the Property.
(e) Buyer's review and approval of soils reports and other documents of
significance to the Property in City's possession, if any. City shall make available to Buyer at
City's Real Estate Division's offices, without representation or warranty of any kind whatsoever,
all non-privileged items in its files relating to the Property for Buyer's review and inspection, at
Buyer's sole cost, during normal business hours. Notwithstanding the foregoing, Buyer's review
shall not include a review of any of City's internal memoranda or reports, any privileged or
confidential information, or City's appraisals of the Property, if any.
5.2 Contingency Period. Buyer shall have until 5:00 p.m. Pacific Standard or
Pacific Daylight Time, as applicable, on the date that is ten (10) business days after the Effective
Date to review and approve or waive Buyer's Conditions (such period being referred to herein as
the "Contingency Period"). If Buyer elects to proceed with the purchase of the Property, then
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Buyer shall, before the expiration of the Contingency Period, notify City in writing that Buyer
has approved all such matters. If before the end of the Contingency Period Buyer fails to give
City such written notice and fails to object to any of Buyer's Conditions, then Buyer shall be
deemed to have waived Buyer's Conditions. Notwithstanding the foregoing, if Buyer objects to
any of the matters contained within Section 5.1 within the Contingency Period, then City may,
but shall have no obligation to remove or remedy any objectionable matter. If City agrees to
remove or remedy the objectionable matter, it shall notify Buyer within ten (10) days following
Buyer's notice of objection, and the Closing Date shall be delayed for so long as City diligently
pursues such removal or remedy. If and when City elects not to remove or remedy the
objectionable matter, which City may do at any time including following an initial election to
pursue remedial or corrective actions, this Agreement shall automatically terminate, the Deposit
shall be returned to Buyer, and neither party shall have any further rights or obligations
hereunder except as provided in Sections 4.2, Entry and Indemnity, 8.2, Brokers, or 9.4,
Authority of Buye , or as otherwise expressly provided herein.
Notwithstanding the foregoing, City agrees to reasonably cooperate with Buyer's efforts,
if any, to cause the recordation of a parcel map to separate the Property from the adjacent
property reserved by City or through a lot line adjustment. Any such recordation or process shall
be initiated, if at all,by Buyer and at Buyer's sole cost.
5.3 City's Condition Precedent. The following are conditions precedent to City's
obligation to sell the Property to Buyer("City's Conditions Precedent"):
(a) Buyer shall have performed all of its obligations hereunder and all of
Buyer's representations and warranties shall be true and correct.
(b) A resolution or ordinance approving and authorizing the transactions
contemplated hereby and finding that the public interest or necessity demands, or will not be
inconvenienced by the sale of the Property, shall have been adopted by the City's Board of
Supervisors and Mayor, in their respective sole and absolute discretion, and duly enacted on or
before October 8, 2004.
5.4 Failure of City's Conditions Precedent. Each of City's Conditions Precedent is
intended solely for the benefit of City. If any of City's Conditions Precedent are not satisfied as
provided above, City may, at its option, terminate this Agreement. Upon any such termination,
neither party shall have any further rights or obligations hereunder except as provided in Sections
4.2, Entry and Indemnity, 8.2, Brokers, or 9.4, Authority of Buyer, or as otherwise expressly
provided herein.
6. ESCROW AND CLOSING
6.1 Escrow. No later than five (5) days after the parties hereto execute this
Agreement, Buyer and City shall deposit an executed counterpart of this Agreement with the
Title Company, and this instrument shall serve as the instructions to the Title Company as the
escrow holder for consummation of the purchase and sale contemplated hereby. City and Buyer
agree to execute such supplementary escrow instructions as may be appropriate to enable the
Title Company to comply with the terms of this Agreement; provided, however, in the event of
any conflict between the provisions of this Agreement and any supplementary escrow
instructions, the terms of this Agreement shall control.
6.2 Closing Date. The Closing hereunder shall be held, and delivery of all items to
be made at the Closing under the terms of this Agreement shall be made, at the offices of the
Title Company on or before 1:00 p.m. Pacific Standard or Pacific Daylight Time, as applicable,
6
on (i) the later of the date which is twenty (20) days after the expiration of the Contingency
Period, or enactment of the Board of Supervisor's ordinance referred to in Section 5.3(b) above,
or if such date is not a business day, then upon the next ensuing business day, before 1:00 p.m.
Pacific Standard or Pacific Daylight Time, as applicable, or(ii) such earlier date and time as
Buyer and City may mutually agree upon in writing (the "Closing Date"). Such date and time
may not be extended without the prior written approval of both City and Buyer.
6.3 Deposit of Documents.
(a) At or before the Closing, City shall deposit into escrow the following
items:
(i) the duly executed and acknowledged Deed conveying the Property
to Buyer subject to the Conditions of Title.
(b) At or before the Closing, Buyer shall deposit into escrow the following
items:
(i) The funds necessary to close this transaction;
(H) The duly executed and acknowledged Deed ; and
(iii)A duly executed and acknowledged Certificate of Acceptance of
Buyer.
(c) City and Buyer shall each deposit such other instruments as are reasonably
required by the Title Company or otherwise required to close the escrow and consummate the
purchase of the Property in accordance with the terms hereof.
(d) If applicable, City shall deliver to Buyer originals (or to the extent
originals are not available, copies) of any other items which City is required to furnish Buyer
copies of or make available at the Property pursuant to Section 2.1 above, within five (5)
business days after the Closing Date. City shall deliver to Buyer, if applicable, a set of keys to
the Property on the Closing Date.
6.4 Prorations. Any real property taxes and assessments; water, sewer and utility
charges; amounts payable under any service contracts; annual permits and/or inspection fees
(calculated on the basis of the period covered); and any other expenses normal to the operation
and maintenance of the Property, shall all be prorated as of 12:01 a.m. on the date the Deed is
recorded, on the basis of a 365-day year. The Buyer's Consideration shall be increased by the
amount of any utility deposits paid by City with respect to the Property. City and Buyer hereby
agree that if any of the above described prorations cannot be calculated accurately on the Closing
Date, then the same shall be calculated as soon as reasonably practicable after the Closing Date
and either party owing the other party a sum of money based on such subsequent proration(s)
shall promptly pay said sum to the other party.
7. RISK OF LOSS
7.1 Loss. City shall give Buyer notice of the occurrence of damage or destruction of,
or the commencement of condemnation proceedings affecting, any portion of the Property. In
the event that all or any portion of the Property is condemned, or destroyed or damaged by fire or
other casualty prior to the Closing, then Buyer may, at its option to be exercised within ten (10)
days of City's notice of the occurrence of the damage or destruction or the commencement of
condemnation proceedings, either terminate this Agreement or consummate the purchase for the
full Buyer's Consideration as required by the terms hereof. If Buyer elects to terminate this
7
Agreement or fails to give City notice within such 10-day period that Buyer will proceed with
the purchase, then this Agreement shall terminate at the end of such 10-day period, and neither
party shall have any further rights or obligations hereunder except as provided in Sections 4.2,
Entry and Indemnity, 8.2, Brokers, or otherwise expressly provided herein.
7.2 Self-Insurance. Notwithstanding anything to the contrary above, Buyer
acknowledges that City self-insures and shall not be obligated to purchase any third-party
comprehensive liability insurance or property insurance.
8. EXPENSES
8.1 Expenses. Buyer shall pay any transfer taxes applicable to the sale, personal
property taxes, escrow fees and recording charges and any other costs and charges of the escrow
for the sale. Buyer also shall pay City a$2500 fee payable to the City and County of San
Francisco and shall pay any other title and escrow fees or other expenses related to this
Agreement.
8.2 Brokers. The parties represent and warrant to each other that no broker or finder
was instrumental in arranging or bringing about this transaction and that there are no claims or
rights for brokerage commissions or finder's fees in connection with the transactions
contemplated by this Agreement. If any person brings a claim for a commission or finder's fee
based on any contact, dealings, or communication with Buyer or City, then the party through
whom such person makes a claim shall defend the other party from such claim, and shall
indemnify the Indemnified Party from, and hold the Indemnified Party against, any and all costs,
damages, claims, liabilities, or expenses (including, without limitation, reasonable attorneys fees
and disbursements) that the Indemnified Party incurs in defending against the claim. The
provisions of this Section shall survive the Closing, or, if the purchase and sale is not
consummated for any reason, any termination of this Agreement.
9. GENERAL PROVISIONS
9.1 Notices. Any notices required or permitted to be given under this Agreement
shall be in writing and shall be delivered (a) in person, (b) by certified mail, postage prepaid,
return receipt requested, or(c) by U.S. Express Mail or commercial overnight courier that
guarantees next day delivery and provides a receipt, and such notices shall be addressed as
follows:
CITY: BUYER:
Real Estate Division Midpeninsula Regional Open Space District
City and County of San Francisco 330 Distel Circle
25 Van Ness Avenue, Suite 400 Los Altos, California 94022
San Francisco, CA 94102 Attn: General Manager
Attn: Director of Property Telephone: 650-691-1200
Fax: 650-691-0485
with a copy to:
Hazel M. Brandt
Deputy City Attorney
City Hall, Room 234
1 Dr. Carlton B. Goodlett Place
San Francisco, CA 94102
or such other address as either party may from time to time specify in writing to the other party.
Any notice shall be deemed given when actually delivered if such delivery is in person, two (2)
days after deposit with the U.S. Postal Service if such delivery is by certified or registered mail,
8
and the next business day after deposit with the U.S. Postal Service or with the commercial
overnight courier service if such delivery is by overnight mail.
9.2 Successors and Assigns. This Agreement shall be binding upon, and inure to
the benefit of, the parties hereto and their respective successors, heirs, legal representatives,
administrators and assigns. Buyer's rights and obligations hereunder shall not be assignable
without the prior written consent of City; provided, however, even if City approves any such
proposed assignment, in no event shall Buyer be released of any of its obligations hereunder.
9.3 Amendments. This Agreement may be amended or modified only by a written
instrument signed by the Buyer and City.
9.4 Authority of Buyer. Buyer represents and warrants to City that Buyer is a
special district duly organized, validly existing, and in good standing pursuant to Article 3 of
Division 5 of Chapter 3 of the Public Resources Code of the State of California. Buyer further
represents and warrants to City that this Agreement and all documents executed by Buyer which
are to be delivered to City at Closing: (a) are or at the time of Closing will be duly authorized,
executed and delivered by Buyer; (b) are or at the time of Closing will be legal, valid and
binding obligations of Buyer; and (c) do not and at the time of Closing will not violate any
provision of any agreement or judicial order to which Buyer is a party or to which Buyer is
subject. Notwithstanding anything to the contrary in this Agreement, the foregoing
representations and warranties and any and all other representations and warranties of Buyer
contained herein or in other agreements or documents executed by Buyer in connection herewith,
shall survive the Closing Date.
9.5 Governinp,Law. This Agreement shall be governed by, subject to, and
construed in accordance with the laws of the State of California and City's Charter and
Administrative Code.
9.6 Merger of Prior Aureements. This Agreement, together with the exhibits
hereto, contain any and all representations, warranties and covenants made by Buyer and City
and constitutes the entire understanding between the parties hereto with respect to the subject
matter hereof. Any prior correspondence, memoranda or agreements are replaced in total by this
Agreement together with the exhibits hereto.
9.7 Parties and Their Agents. The term "Buyer" as used herein shall include the
plural as well as the singular. If Buyer consists of more than one individual or entity, then the
obligations under this Agreement imposed on Buyer shall be joint and several. As used herein,
the term "Agents" when used with respect to either party shall include the agents, employees,
officers, contractors and representatives of such party.
9.8 Interpretation of Agreement. The article, section and other headings of this
Agreement and the table of contents are for convenience of reference only and shall not affect
the meaning or interpretation of any provision contained herein. Whenever the context so
requires, the use of the singular shall be deemed to include the plural and vice versa, and each
gender reference shall be deemed to include the other and the neuter. This Agreement has been
negotiated at arm's length and between persons sophisticated and knowledgeable in the matters
dealt with herein. In addition, each party has been represented by experienced and
knowledgeable legal counsel. Accordingly, any rule of law (including California Civil Code
Section 1654) or legal decision that would require interpretation of any ambiguities in this
Agreement against the party that has drafted it is not applicable and is waived. The provisions of
this Agreement shall be interpreted in a reasonable manner to effect the purposes of the parties
and this Agreement.
9
9.9 Attorneys' Fees. If either party hereto fails to perform any of its respective
obligations under this Agreement or if any dispute arises between the parties hereto concerning
the meaning or interpretation of any provision of this Agreement, then the defaulting party or the
party not prevailing in such dispute, as the case may be, shall pay any and all costs and expenses
incurred by the other party on account of such default or in enforcing or establishing its rights
hereunder, including, without limitation, court costs and reasonable attorneys' fees and
disbursements. For purposes of this Agreement, the reasonable fees of attorneys of the Office of
the City Attorney of the City and County of San Francisco and of the Midpeninsula Regional
Open Space District shall be based on the fees regularly charged by private attorneys with the
equivalent number of years of experience in the subject matter area of the law for which the City
Attorney's services were rendered who practice in the City of San Francisco in law firms with
approximately the same number of attorneys as employed by the City Attorney's Office.
9.10 Time of Essence. Time is of the essence with respect to the performance of the
parties' respective obligations contained herein.
9.11 No Merger. The obligations contained herein shall not merge with the transfer
of title to the Property but shall remain in effect until fulfilled.
9.12 Non-Liability of City Officials, Employees and Agents. Notwithstanding
anything to the contrary in this Agreement, no elective or appointive board, commission,
member, officer, employee or agent of City shall be personally liable to Buyer, its successors and
assigns, in the event of any default or breach by City or for any amount which may become due
to Buyer, its successors and assigns, or for any obligation of City under this Agreement.
9.13 Tropical Hardwood and Virgin Redwood Ban. The City and County of
San Francisco urges companies not to import, purchase, obtain or use for any purpose, any
tropical hardwood, tropical hardwood wood product, virgin redwood or virgin redwood wood
product except as expressly permitted by the application of Sections 802(b) and 803(b) of the
San Francisco Environmental Code.
9.14 No Recording. Neither this Agreement nor any memorandum or short form
thereof may be recorded by Buyer.
9.15 Earned Income Credit (EIC) Forms,. San Francisco Administrative Code
Section 120 requires that employers provide their employees with IRS Form W-5 (Earned
Income Credit Advance Payment Certificate) and the IRS EIC Schedule, as set forth below.
Employers can locate these forms at the IRS Office, on the Internet, or anywhere that Federal
Tax Forms can be found.
(a) Appraiser shall provide EIC Forms to each Eligible Employee at each of
the following times: (i) within thirty days following the date on which this Agreement becomes
effective (unless Appraiser has already provided such EIC Forms at least once during the
calendar year in which such effective date falls); (ii) promptly after any Eligible Employee is
hired by Appraiser; and (iii) annually between January I and January 31 of each calendar year
during the term of this Agreement.
(b) Failure to comply with any requirement contained in subparagraph (a) of
this Section shall constitute a material breach by Appraiser of the terms of this Agreement. If,
within thirty days after Appraiser receives written notice of such a breach, Appraiser fails to cure
such breach or, if such breach cannot reasonably be cured within such period of thirty days,
Appraiser fails to commence efforts to cure within such period or thereafter fails to diligently
pursue such cure to completion, the City may pursue any rights or remedies available under this
Agreement or under applicable law.
10
(c) Any Subcontract entered into by Appraiser shall require the subcontractor
to comply, as to the subcontractor's Eligible Employees, with each of the terms of this section.
(d) Capitalized terms used in this Section and not defined in this Agreement shall
have the meanings assigned to such terms in Section 120 of the San Francisco Administrative
Code.
9.16 Counterparts. This Agreement may be executed in two or more counterparts,
each of which shall be deemed an original, but all of which taken together shall constitute one
and the same instrument.
9.17 Effective Date. As used herein, the term "Effective Date" shall mean the date
on which the City's Board of Supervisors and Mayor enact an ordinance approving and
authorizing this Agreement and the transactions contemplated hereby, following execution of
this Agreement by both parties.
9.18 Acceptance by Buyer. This Agreement shall be null and void unless it is
accepted by Buyer and two fully executed copies hereof are returned to City on or before 5:00
p.m. Pacific Standard or Pacific Daylight Time, as applicable on October,
, 2004.
9.19 MacBride Principles - Northern Ireland. The City urges companies doing
business in Northern Ireland to move toward resolving employment inequities and encourages
them to abide by the MacBride Principles as expressed in San Francisco Administrative Code
Section 12F.1, et seq. The City also urges companies to do business with corporations that abide
by the MacBride—Principles. Buyer acknowledges that it has read and understands the above
statement of the City concerning doing business in Northern Ireland.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS
AGREEMENT, BUYER ACKNOWLEDGES AND AGREES THAT NO OFFICER OR
EMPLOYEE OF CITY HAS AUTHORITY TO COMMIT CITY TO THIS AGREEMENT
UNLESS AND UNTIL A RESOLUTION OF CITY'S BOARD OF SUPERVISORS SHALL
HAVE BEEN DULY ENACTED APPROVING THIS AGREEMENT AND AUTHORIZING
THE TRANSACTIONS CONTEMPLATED HEREBY. THEREFORE, ANY OBLIGATIONS
OR LIABILITIES OF CITY HEREUNDER ARE CONTINGENT UPON THE DUE
ENACTMENT OF SUCH A RESOLUTION, AND THIS AGREEMENT SHALL BE NULL
AND VOID IF CITY'S BOARD OF SUPERVISORS AND MAYOR DO NOT APPROVE
THIS AGREEMENT IN THEIR RESPECTIVE SOLE DISCRETION. APPROVAL OF THE
TRANSACTIONS CONTEMPLATED HEREBY BY ANY DEPARTMENT, COMMISSION
OR AGENCY OF CITY SHALL NOT BE DEEMED TO IMPLY THAT SUCH
RESOLUTION WILL BE ENACTED NOR WILL ANY SUCH APPROVAL CREATE ANY
BINDING OBLIGATIONS ON CITY.
The parties have duly executed this Agreement as of the respective dates written below.
CITY: BUYER:
CITY AND COUNTY OF MIDPENINSULA REGIONAL OPEN
SAN FRANCISCO, a municipal corporation SPACE DISTRICT
a California special district
By: By:
eve gnitto tVe— Mary Davey
Director of Property
Its: President, Board of Directors
Att
APPROVED AS TO FORM: Sally foldt
DENNIS J. HERRERA, City Attorney Its: District Clerk
Date: v y
By:
Hazel M. Brandt Approved As To Form:
Deputy City Attorney
By:
Susan Schecttm an
Its: /)]�.�.at� &44(Sfu '41
General Counsel
12
i PAGE ONE OF TWO „93225LEI.SAM„
EXHIBIT "A"
[ALL DOCUMENTS HEREIN ARE RECORDED AS DESIGNATED IN BELOWSAID
COUNTY AND STATE.]
BEING IN THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
A PORTION OF THOSE LANDS DESCRIBED IN PARCEL III, VOLUME 53 OF OFFICIAL
RECORDS AT PAGE 179:
BEGINNING AT THE INTERSECTION OF THE WESTERLY LINE OF ABOVESAID
PARCEL III (COURSE "NORTH 26-24-20 WEST 597.85 FEET" - BUT NORTH 26-20-50
WEST ON THE BASIS OF BEARINGS OF THIS CURRENT DESCRIPTION) WITH A
LINE WHICH LIES TWO FEET NORTHWESTERLY OF AN EXISTING FENCE (AUGUST,
2002);
THENCE PARALLEL TO LASTSAID EXISTING FENCE, AND DISTANT TWO FEET
NORTHWESTERLY OF SAID EXISTING FENCE, NORTH 58-57-40 EAST A DISTANCE
OF 40.69 FEET, MORE OR LESS, TO A POINT WHICH INTERSECTS A LINE WHICH
LIES TWO FEET NORTHEASTERLY OF AN EXISTING FENCE (AUGUST, 2002);
SAID POINT OF INTERSECTION TO BE DESCRIBED AS POINT "D" AND SAID POINT
"D" BEARS SOUTH 75-02-28 WEST A DISTANCE OF 166.03 FEET, MORE OR LESS,
FROM A FOUND (AUGUST, 2002) RAILROAD SPIKE (POINT "Y") ACCEPTED AS
REPRESENTING THE END OF CURVE OF LINE "E" AT STATION 7+83.77 AS SHOWN
ON THAT RIGHT OF WAY MAP FOR "EDGEWOOD ROAD - COUNTY ROAD NO. 24 ,
DATED APRIL 1989.
THENCE FROM SAID POINT "D", SOUTH 55-25-27 EAST A DISTANCE OF 91.67 FEET,
MORE OR LESS, ALONG THE LINE WHICH LIES TWO FEET NORTHEASTERLY OF
LASTSAID EXISTING FENCE LINE, TO A POINT ON THE NORTHERLY RIGHT OF
WAY LINE (SHOWN AS 40 FEET TOTAL WIDTH ON LASTSAID MAP) OF EDMONDS
ROAD;
THENCE ALONG LASTSAID NORTHERLY RIGHT OF WAY LINE, SOUTH 60-33-30
WEST A DISTANCE OF 85.23 FEET, MORE OR LESS, TO A POINT OF INTERSECTION
WITH THE ABOVESAiD WESTERLY LINE OF PARCEL III;
THENCE ALONG THE LASTSAID WESTERLY LINE OF PARCEL III, NORTH 26-20-50
WEST A DISTANCE OF 81.39 FEET, MORE OR LESS, TO THE POINT OF BEGINNING.
II
PAGE TWO OF TWO PAGES "93225LE1.SAM"
AREA INCLUDED WITHIN THE LANDS OF THIS DESCRIPTION IS 5,162 SQ. FT.,
MORE OF LESS.
BASIS OF BEARINGS FOR THIS DESCRIPTION IS A PAIR OF FOUND RAILROAD
SPIKES (AUGUST, 2002) [ POINTS "Y" AND "Z" -- SOUTH 44-10-33 WEST A
DISTANCE OF 89.77 FEET] REPRESENTING THE END OF CURVE (POINT "Y") ON
LINE "E" AT STATION "E" 7+83.77 OF THE ABOVESAID MAP AND AS DESCRIBED
ABOVE AND THE P.I. (POINT "Z") OF THE SAME CURVE AND MAP ALTHOUGH
ABOVESAID MAP DOES NOT INDICATE MONUMENTS AT THOSE POINTS.
NOTE: [ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF. NORTH
00-00-00 EAST IS A BEARING IN DEGREES, MINUTES AND SECONDS.]
I PREPARED THIS DESCRIPTION ON SEPTEMBER 4, 2002 AND IT IS ARCHIVED AS
"93225LE1.SAM" ON DISK ARCDOC 02-07, ARCTURUS LAND SURVEYING,
WOODSIDE, CALIFORNIA (1-800-201-8700).
LAND
� U�J .per ip
14ogK
�; No.4850 T
AEKMTMN
`aiii 940-2004 �
90QF CA1-F���
BRUCE D. WOODWORTH, R.L.S. 4850
END OF DESCRIPTION OF "EXHIBIT A"
SEE ATTACHED MAP (EXHIBIT "B") WHICH IS MADE A PART HEREOF.
Page I PROJECT: 93225—mprosd 09-04-02
Figure Name: LEGALI North: 5290.1069 East: 19074.7915 Course: N 58-57-40 E
Distance: 40.69 North: 5311.0875 East: 19109.6554 Course: S 55-25-27 E
Distance: 91.67 North: 5259.0651 East: 19185.1343 Course: S 60-33-30 W
Distance: 85.23 North: 5217.1714 East: 19110.9112 Course: N 26-20-50 W
Distance: 81.39 North: 5290.1067 East: 19074,7895 Course: N 82-30-09 E
Distance: 0.00 North: 5290.1069 East: 19074.7915
Perimeter: 298.98
Area: 5162.07
PARCEL III
POINT „z„ ED�OND
53 OR 179 P.I. s
° POINT "Y" ;' RO
POINT OF r ��05� sss° E.C. AD
BEGINNING o,� ��.,
FENC
OLD SEWAGE
FACILITY
BUILDINGS
CL CENTERLINE
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P.I. - POINT OF INTERSECTION OF CURVE
POINT „D„ EXHIBIT iipDii
Ct'f g
Field Work Addition to the
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V) Drawing Open Space Reserve
V) Wy Redwood City, CA
_- Archive Date: Scale
��... ALDZip0208 08-28-02 1" = 100'
3 Cadd File Sheet 1 of 1
93225pl3.dwg
EXHIBIT C
MAP OF BUYER'S ADJOINING PROPERTY
PULGAS RIDGE
OPEN SPACE PRESERVE
CITY&CO OF t
' F.'VIIATER DEPT'
a
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MIDPENINSULA REGIONAL I
No , h
OPEN SPACE DISTRICT `\\ \\
050-470-080
HETCH HETCHY AQUEDUCT
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1= CITY&CO OF
S.F.WATER KEPT -
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\ PROPOSED CITY AND COUNTY
\% OF SAN FRANCISCO ADDITION `+ -
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0 150 300 600
DIPROJECTSMXGAS_RWAISTAGIMM AREkf1O_TRAPLP-VV)rWSFPUCCONKCTM10-TRIIIL_PARCEI IMP_/SfWD_CI.MXD SUM a"
C-1
EXHIBIT D
QUITCLAIM DEED
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
Midneninsula Regional Open Space District
330 Distel Circle DULY RECORDED WITHOUT FEE
Los Altos, CA 94022-1404 Pursuant to Government Code
ATTN: M. Williams Sections 6103,27383.
By:
Documentary Transfer Tax of based on full value of the property conveyed
(Space above this line reserved for Recorder's use only)
QUITCLAIM DEED
(Portion of Assessor's Parcel No. 093-150-020)
FOR VALUABLE CONSIDERATION, receipt and adequacy of which are hereby
acknowledged, the CITY AND COUNTY OF SAN FRANCISCO, a municipal corporation
("City" or"Grantor"), pursuant to Resolution No. , adopted by the Board of
Supervisors on September 21, 2004 and approved by the Mayor on , 2004,hereby
RELEASES, REMISES AND QUITCLAIMS to MIDPENINSULA REGIONAL OPEN SPACE
DISTRICT, a public special district ("Grantee"), any and all right, title and interest City may
have in and to the real property located in the County of San Mateo, State of California,
described on Exhibits A and B attached hereto and made a part hereof, and any improvements
located thereon(collectively, the "Property"), subject to any conditions, covenants, reservations
or power of termination contained herein.
This Deed is made subject to the following covenants, conditions, restrictions, and
conditions subsequent, in perpetuity:
(a) Grantee agrees and covenants to assume and be responsible for(i) the cost
and expense of the demolition and removal of any structures located on the Property, including
without limitation any"Remediation" (defined to include the process of, and all work and
planning performed in connection with, the investigation, testing for, monitoring,remediation,
containment,transportation, removal and disposal of any hazardous substances or toxic materials
on, about, adjacent to or affecting the Property, and restoration and repair of the Property) related
to the Property(the"Demolition Costs"), and (ii) any and all costs, claims, demands, actions,
suits, debts, expenses, accounts, losses (including diminution in the value of the Property and
other consequential damages), damages or liabilities of whatever kind or nature, known or
unknown, suspected or unsuspected, and by whomsoever asserted, in law, equity or otherwise
(each a"Claim" and collectively, "Claims") that the Grantee or the Property may suffer or claim
to suffer based in whole or in part on the presence, or threatened or suspected or alleged
presence, generation,processing, use,management, treatment, storage, disposal, Remediation,
D-1
transportation, recycling, emission or release or threatened emission or release, whether in the
past, present or future, of any hazardous substance or toxic material on, about, adjacent to or
affecting the Property.
(b) Grantee agrees and covenants, at its sole cost and expense, to indemnify,
protect and hold harmless, City from and against any and all such Demolition Costs, and/or such
Claims (including without limitation, the payment of damages,both actual and consequential,
and the payment of reasonable fees and expenses of experts, attorneys and others) described in
section (a), above.
(c) Grantee agrees and covenants that the Property shall be dedicated for use
as a public park, open space and/or public recreational purposes according to Section 5540 of the
California Public Resources Code. With respect to the Property conveyed by this deed, it shall
be a condition subsequent for the benefit of City that the Property be used only as a public park,
open space and/or for public recreational purposes. Should said condition not be satisfied, then
City, without paying compensation for the Property or any Grantee improvements, and without
making any compensation or incurring any liability for damages or losses of any kind, shall have
the power to terminate all right, title and interest in the Property conveyed by this deed to
Grantee, its heirs, successors and assigns, and to reenter and take possession and title to the
Property, including without limitation, all improvements thereon. Immediately upon such a
termination, Grantee and its heirs, successors and assigns shall forfeit all rights,title and interest
in and to the Property, and the Property shall revert to City and Grantee shall have no obligation
or liability for the Property thereafter. The interest created in Grantor by this paragraph is a
"Power of Termination" as defined in California Civil Code Section 885.010.
Executed as of this day of 2004.
CITY AND COUNTY OF SAN GRANTEE:
FRANCISCO,
a municipal corporation MIDPENINSULA REGIONAL OPEN
SPACE DISTRICT, a California special
STEVE LEGNITTO district
Director of Property
By: Mary Davey, President, Board of
GLORIA L. YOUNG Directors
Clerk of the Board of Supervisors
ATTEST:
APPROVED AS TO FORM: Sally Thielfoldt, District Clerk
DENNIS J. HERRERA, City Attorney
By: HAZEL M. BRANDT
Deputy City Attorney
DESCRIPTION CHECKED/APPROVED:
D-2
[NAME]
City Engineer
I
D-3
� r
1
PAGE ONE OF TWO "93225LE1.SAM"
EXHIBIT "A"
[ALL DOCUMENTS HEREIN ARE RECORDED AS DESIGNATED IN BELOWSAID
COUNTY AND STATE.]
BEING IN THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
A PORTION OF THOSE LANDS DESCRIBED IN PARCEL III, VOLUME 53 OF OFFICIAL
RECORDS AT PAGE 179:
BEGINNING AT THE INTERSECTION OF THE WESTERLY LINE OF ABOVESAID
PARCEL III (COURSE "NORTH 26-24-20 WEST 597.85 FEET' - BUT NORTH 26-20-50
WEST ON THE BASIS OF BEARINGS OF THIS CURRENT DESCRIPTION) WITH A
LINE WHICH LIES TWO FEET NORTHWESTERLY OF AN EXISTING FENCE (AUGUST,
2002);
THENCE PARALLEL TO LASTSAID EXISTING FENCE, AND DISTANT TWO FEET
NORTHWESTERLY OF SAID EXISTING FENCE, NORTH 58-57-40 EAST A DISTANCE
OF 40.69 FEET, MORE OR LESS, TO A POINT WHICH INTERSECTS A LINE WHICH
LIES TWO FEET NORTHEASTERLY OF AN EXISTING FENCE (AUGUST, 2002);
SAID POINT OF INTERSECTION TO BE DESCRIBED AS POINT "D" AND SAID POINT
"D" BEARS SOUTH 75-02-28 WEST A DISTANCE OF 166.03 FEET, MORE OR LESS,
FROM A FOUND (AUGUST, 2002) RAILROAD SPIKE (POINT "Y") ACCEPTED AS
REPRESENTING THE END OF CURVE OF LINE "E" AT STATION 7+83.77 AS SHOWN
ON THAT RIGHT OF WAY MAP FOR "EDGEWOOD ROAD - COUNTY ROAD NO. 24",
DATED APRIL 1989.
THENCE FROM SAID POINT "D", SOUTH 55-25-27 EAST A DISTANCE OF 91.67 FEET,
MORE OR LESS, ALONG THE LINE WHICH LIES TWO FEET NORTHEASTERLY OF
LASTSAID EXISTING FENCE LINE, TO A POINT ON THE NORTHERLY RIGHT OF
WAY LINE(SHOWN AS 40 FEET TOTAL WIDTH ON LASTSAID MAP)OF EDMONDS
ROAD;
THENCE ALONG LASTSAID NORTHERLY RIGHT OF WAY LINE, SOUTH 60-33-30
WEST A DISTANCE OF 85.23 FEET, MORE OR LESS, TO A POINT OF INTERSECTION
WITH THE ABOVESAID WESTERLY LINE OF PARCEL III;
THENCE ALONG THE LASTSAID WESTERLY LINE OF PARCEL III, NORTH 26-20-50
WEST A DISTANCE OF 81.39 FEET, MORE OR LESS, TO THE POINT OF BEGINNING.
PAGE TWO OF TWO PAGES "93225LEI.SAM"
AREA INCLUDED WITHIN THE LANDS OF THIS DESCRIPTION IS 5,162 SQ. FT.,
MORE OF LESS.
BASIS OF BEARINGS FOR THIS DESCRIPTION IS A PAIR OF FOUND RAILROAD
SPIKES (AUGUST, 2002) [ POINTS "Y" AND "Z" -- SOUTH 44-10-33 WEST A
DISTANCE OF 89.77 FEET] REPRESENTING THE END OF CURVE (POINT "Y") ON
LINE "E" AT STATION "E" 7+83.77 OF THE ABOVESAID MAP AND AS DESCRIBED
ABOVE AND THE P.I. (POINT "Z") OF THE SAME CURVE AND MAP ALTHOUGH
ABOVESAID MAP DOES NOT INDICATE MONUMENTS AT THOSE POINTS.
NOTE: [ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF. NORTH
00-00-00 EAST IS A BEARING IN DEGREES, MINUTES AND SECONDS]
I PREPARED THIS DESCRIPTION ON SEPTEMBER 4, 2002 AND IT IS ARCHIVED AS
"93225LEI.SAM" ON DISK ARCDOC 02-07, ARCTURUS LAND SURVEYING,
WOODSIDE, CALIFORNIA(1-800-201-8700).
tip
LAND.,,......,,,»•9
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m No.48A DMTION
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9 a2004 r�Q
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BRUCE D. WOODWORTH, R.L.S. 4850
END OF DESCRIPTION OF "EXHIBIT A"
SEE ATTACHED MAP (EXHIBIT "B")WHICH IS MADE A PART HEREOF.
Page I PROJECT: 93225—mprosd 09-04-02
Figure Name: LEGALI North: 5290.1069 East: 19074.7915 Course: N 58-57-40 E
Distance: 40.69 North: 5311.0875 East: 19109.6554 Course: S 5 5-25-27 E
Distance: 91.67 North: 5259.0651 East: 19185.1343 Course: S 60-33-30 W
Distance: 85.23 North: 5217.1714 East: 19110.9112 Course: N 26-20-50 W
Distance: 81.39 North: 5290.1067 East: 19074.7895 Course: N 82-30-09 E
Distance: 0.00 North: 5290.1069 East: 19074.7915
Perimeter: 298.98
Area: 5162.07
PARCEL III
53 OR 179 POINT ,�z„ �DA1,00
^,N' POINT „Y�� f' RO
POINT OF os JOG' 1 ssso E.C.
BEGINNING o., �,�
6>�j,�
F
ENC
OLD SEWAGE
FACILITY
BUILDINGS
CL CENTERLINE
E.C. - END OF CURVE
P.I. - POINT OF INTERSECTION OF CURVE
Cj POINT "D" EXHIBIT " B"
� g
o Field Work Addition to the
g wy PULGAS RIDGE
Drawing Open Space Reserve
,) WY Redwood City, CA
sue.- Archive Date: Scale
ALDZip0208 08-28-02 1" = 100'
V
� 3 cadd File Sheet 1 of 1
93225pl3.dwg
i
SCHEDULEI
1. Cost Estimate for Demolition of Sewage Lift Station prepared by Levine Fricke
dated October 8, 2002;
2. Letter from the County of San Mateo's Environmental Services Agency
determining that the Property is not considered a subdividable or separate
developable parcel, dated October 21, 2003.
I
PUbGA8F8D0E OPEN SPACE SEWAGE LIFT STATION DEMOLITION
Item# Description Quantities Unit (Marcor) (WRS) Amount(Marcor) Amount(WRS)
1 Demolish and dispose of above ground portion of existing I LS 11,262.77 5,552.00 11,262.77
building
Remove and dispose offsite all equipment inside the
Estimated Low Unit Cost High Unit Cost Low Range High Range
pipes. Plug the pipe.
below ground surface
4 Demolish and dispose of concrete around the building 260 SF 2.88 4.10 750.00 1,066.00
(assumed 6"thick)
Collect and analyze water to evaluate disposal options,
cubic feet or 13,690 gallons)
6b Disposal of water as Federal RCRA waste 13,690 gallons 2.57 N/A 35,183.30
Fill the structure with sand to 18"below ground surface and
Backfill with imported soil and compact to 90%(in place
All required permits(list permit and associated cost
�
'
'
'
Subtotal(Excluding Item 64 31.385l0 91.152J9
Abatement 17.180.00 23,340.00
Subtotal Demolition Cost(Excluding Item 0b) 48.585M 74,492.79
Contingencies(15%) 7.28475 11.173.82 -
Preparation nf Plans&Specifications 10.000.00 10.000.00 �
Construction Observation and Contract Administration(15Y6) 8.377.46 12.850.01 ~ �
Estimated Range of Total Project Costs(excluding Item 6b) 74.22721 108.51871 �
'
Notes: demolished materials tobe disposed offsite 0oa legal disposal site
Pub|iu:\LitaVift station demolition cost !
10002 10:28AM
OUR
The following assumptions apply to environmental issues related to the Pulgas Ridge project:
• A demolition-level building materials survey to identify asbestos containing materials (ACMs)
and lead-based paint will be performed prior to building demolition.
• All of the building materials in the structure contain asbestos.
• Underground piping covered with or composed of asbestos (i.e., asbestos cement piping).
• All ACMs will be abated prior to demolition of the structure.
• All of the asbestos containing roofing materials will be removed prior to demolition of the
structure. -
• A permit for abatement of ACMs will be obtained from the Bay Area Air Quality Management
District prior to start of abatement work.
• All of the paint in the structure is lead-based.
• LBP on materials to be recycled (i.e., concrete, wood, etc.) will be removed to the substrate.
• LBP on materials that will not be recycled will be removed only if flaking or peeling.
• All ACMs and LBPs will be removed from the property for proper disposal.
• No hazardous materials, other than ACMs and LBPs, are present in the structure.
A demolition-level survey would cost approximately $3,000 and preparation of abatement bid
specifications for asbestos and lead-based paint would cost approximately $4,500.
The abatement cost estimate is based on the following:
Material Quantit Unit Price Estimate
Stucco 650 sf $4.00 - $6.00 $2,600 - $3,900
Waterproofing 650 sf $2.00 - $4.00 $1,300 - $2,600
Paper
Window Putty 960 If $3.00 - $4.00 $2,880 - $3,840_
LBP 1,300 sf $8.00 - $10-00 $10,400 - $13,000
Abatement Total Estimated Cost: $17,180 - $23,340
Notes:
sf = square foot
if = linear feet
October 21, 2003 RECEIVED
p - OCT 2 2 2003
Mr. Kenneth Chopping REAL ESTATE DIV.
Real Property Officer
City and County of San Francisco
BID) 25 Van Ness Avenue, Suite 400
San Francisco, CA 94102
Dear Mr. Chopping:
SUBJECT: Development potential of proposed surplus area owned by City
ENVIRONMENTAL SERVICES and County of San Francisco; Portion of APN 093-150-020
AGENCY
You have requested a letter from the San Mateo County Planning and Building
Division regarding the development potential of the subject surplus area owned
by the City and County of San Francisco (approximately 5,162 square feet).
Agricultural
Commissioner/Sealer of The subject area is located in the R-I/S-I I Zoning District(Single-Family
Weights &Measures Residential/Combining District, minimum parcel size I - 5 acres). This district
permits residential type development and other conditional uses (upon issuance
of a Use Permit)with a minimum parcel size of I to 5 acres, depending on the
Animal Control average ground slope (handouts enclosed). From our preliminary review, the
proposed surplus area does not meet the minimum parcel size requirement and,
therefore, could not be separated or subdivided as a separate developable parcel.
However, the proposed surplus area could be either retained by the City and
Cooperative Extension County of San Francisco or transferred through an approved lot line adjustment
to the adjacent property(APN 050-470-080) to the west, currently owned by
Midpeninsula Regional Open Space District.
Fire Protection If you have additional questions regarding this matter, please call me at
650/363-1930.
LAFCo Sincerely,
Library Jim ggemeyer
Dyev1go8rment Review: ices Manager
Parks & Recreation JE:cdn - JKEN1444—WCN.DOC
Enclosure
Planning& Building cc: Michael C. Williams, Real Property Manager, Midpeninsula Regional
Open Space District
PLANNING AND BUILDING
455 County Center,2nd Floor-Redwood City,CA 94063-Phone(650)363-4161 -FAX(650)363-4849
SAN FRANCISCO PUBLIC UTILITIES COMMISSION
REVOCABLE PERMIT
Permit#P403
THIS REVOCABLE PERMIT(this"Permit")dated for reference purposes only as of March
23,2004 is made by and between the CITY AND COUNTY OF SAN FRANCISCO,a municipal
corporation("City"),acting by and through its Public Utilities Commission("PUC"),and Midpeninsula
Regional Open Space District("Permittee").
City and Permittee agree as follows:
1. License. City confers to Permittee a revocable, personal,non-exclusive and non-possessory
privilege to enter upon and use that certain real property owned by City situated in the County of San
Mateo, State of California,more particularly described in Exhibit A attached hereto(the "Permit Area"),
for the limited purpose and subject to the terms,conditions and restrictions set forth below. The Permit
Area is shown generally on Drawing No.B-4807 attached hereto as Exhibit B. This Permit gives
Permittee a license only and notwithstanding anything to the contrary herein,this Permit does not
constitute a grant by City of any ownership, leasehold,easement or other property interest or estate
whatsoever in the Permit Area,or any portion thereof. Nothing in this Permit shall be construed as
granting or creating any franchise rights pursuant to any federal, state or local laws.
THE PRIVILEGE GIVEN TO PERMITTEE UNDER THIS PERMIT IS EFFECTIVE ONLY INSOFAR
AS THE RIGHTS OF CITY IN THE PERMIT AREA ARE CONCERNED,AND PERMITTEE SHALL
OBTAIN ANY FURTHER PERMISSION NECESSARY BECAUSE OF ANY OTHER EXISTING
RIGHTS AFFECTING THE PERMIT AREA. WITHOUT LIMITING THE FOREGOING,THIS
PERMIT IS BEING ISSUED SUBJECT AND SUBORDINATE TO ALL OF THE TERMS AND
CONDITIONS OF THAT CERTAIN DEED OF OFFICIAL RECORDS OF SAN MATEO COUNTY,
PURSUANT TO WHICH CITY ACQUIRED ITS INTEREST IN THE PERMIT AREA,AND ALL
OTHER EXISTING AND FUTURE DOCUMENTS AND INSTRUMENTS OF RECORD AFFECTING
THE PERMIT AREA(COLLECTIVELY, WITH THE DEED,RECORDED DOCUMENT).
PERMITTEE,MUST SECURE ALL ADDITIONAL NECESSARY APPROVALS, PERMITS AND
CONSENTS,AND DELIVER ALL NECESSARY NOTICES,BEFORE COMMENCING WORK IN
THE PERMIT AREA,INCLUDING ANY APPROVALS,PERMITS,CONSENTS OR NOTICES
REQUIRED FROM OR TO THE GRANTOR UNDER THE RECORDED DOCUMENTS.
PERMITTEE COVENANTS AND AGREES,FOR THE BENEFIT OF CITY,THAT PERMITTEE
SHALL FULLY COMPLY WITH THE TERMS AND CONDITIONS OF THE RECORDED
DOCUMENTS AND ANY OTHER RULES AND REGULATIONS PROMULGATED BY CITY AS
THEY APPLY TO ANY WORK TO BE PERFORMED OR FACILITIES TO BE INSTALLED BY
PERMITTEE ON THE PERMIT AREA PURSUANT TO THIS PERMIT,AND CITY SHALL HAVE
NO RESPONSIBILITY OR LIABILITY OF ANY KIND WITH RESPECT THERETO. PERMITTEE
ACKNOWLEDGES AND AGREES THAT NEITHER CITY NOR ANY OF ITS AGENTS HAVE
MADE,AND CITY HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES,
EXPRESS OR IMPLIED,CONCERNING THE PRESENT OR FUTURE SUITABILITY OF THE
PERMIT AREA FOR PERMITTEE'S INTENDED WORK OR FACILITIES,THE IMPACT OF ANY
TERM OR CONDITION OF THE RECORDED DOCUMENTS ON PERMITTEE'S RIGHTS UNDER
THIS PERMIT,OR THE ABILITY TO OBTAIN OR DELIVER,OR THE PROCEDURE FOR
OBTAINING OR DELIVERING,ANY NECESSARY APPROVALS,PERMITS,CONSENTS OR
rev.2/17/04
rev. #2 4-29-04
NOTICES FROM OR TO THE GRANTOR UNDER THE RECORDED DOCUMENTS OR ANY
OTHER PARTY WITH RESPECT TO ANY MATTERS CONTAINED IN THIS PERMIT.
2. Use of Permit Area.
(a) Permitted Acts. Pennittee may enter and use the Permit Area for the sole purpose of
constructing,using,and maintaining a public pedestrian,equestrian,and bicycle dirt trail approximately
four to six feet wide, in strict accordance with Section 3(a)hereof,and for no other purpose whatsoever.
(b) Suboect to City Uses. Permittee is aware that the Permit Area constitutes a portion of
City's water pipeline delivery system. Notwithstanding anything to the contrary in this Permit,any and
all of Permittee's activities hereunder shall be subject and subordinate at all times to City's existing and
future use of the Permit Area for municipal and other purposes. City shall in no way be liable for any
damage or destruction to Permittee's property and/or improvements resulting from any pipeline break or
from any pipeline repair or maintenance activities. Permittee shall,at City's request, immediately remove
any property or improvements on the Permit Area to allow City access to the pipelines. In the event City
deems it necessary, in City's sole discretion,City shall have the right to remove any such property or
improvements and City shall not be responsible for restoring or returning same to its prior condition.
3. Installation of Facilities. Permittee may install a dirt pedestrian/bicycle trail approximately four
to six feet wide,on the Permit Area only upon satisfaction of the following conditions,which are for the
sole benefit of City:
(a) Approval of Plans and Specifications. Permittee shall install the permitted facilities in
accordance with plans and specifications(including drawings)approved in advance and in writing by
PUC and attached hereto as ExhibitC. The plans and specifications may be revised or amended only with
prior written approval of PUC after PUC'S bureau of Environmental Regulation and Management has
determined that no further environmental review is required by CEQA as a result of any such revision or
amendment.
(b) Permits and Approvals. Before beginning any work in the Permit Area,Permittee shall
obtain any and all permits, licenses and approvals(collectively, "approvals")of all regulatory agencies
and other third parties that are required to commence,complete and maintain the permitted work.
Promptly upon receipt of such approvals,Permittee shall deliver copies of them to PUC. Permittee
recognizes and agrees that no approval by PUC for purposes of Permittee's work hereunder shall be
deemed to constitute the approval of any federal,state or local regulatory authority with jurisdiction,and
nothing herein shall limit Permittee's obligation to obtain all such regulatory approvals,at Permittee's sole
cost.
W Exercise of Due Care. Permittee shall use,and shall cause its Agents(as defined below)
to use,due care at all times to avoid any damage or harm to City's water pipelines or other property and to
native vegetation and natural attributes of the Permit Area and to minimize slope erosion. Permittee shall
not disturb the surface of the Permit Area or perform any excavation work without the prior written
approval of City,which City may withhold in its sole discretion. City shall have the right to condition
and/or oversee any permitted excavation work. Permittee shall mark,at its own expense,the location of
the City's water transmission mains within the Permit Area and shall not use any pick,plow or other sharp
tool to remove the two feet of soil around the transmission mains, provided that Permittee may use hand
shovels or pneumatic shovels in compliance with all other terms and conditions of this Permit. Permittee
rev.2/17/04
rev. #2 4-29-04
shall immediately inform City of any actual or potential damage to the coating of the pipeline,and any
such damage shall be promptly repaired by Permittee,at its own expense,to the satisfaction of City prior
to backfilling;provided,City may elect, in its sole discretion,to make any necessary repairs itself,at
Permittee's sole cost,by notifying Permittee of such fact. Upon completion of the repairs,City shall send
to Permittee a bill therefore which Permittee shall pay within thirty(30)days following receipt. Under no
circumstances shall Permittee damage,harm or take any rare,threatened or endangered species on or
about the Permit Area.
(d) Cooperation with Public Utilities Commission. Permittee and its Agents shall work
closely with City personnel to minimize any potential disturbance(even if temporary)of the natural
features of the Permit Area and to avoid disruption(even if temporary)of City facilities, in,under,on or
about the Permit Area and City uses thereof,
(e) Heavy Equipment. Permittee shall not use any heavy construction equipment over or
about City's pipelines,except as otherwise expressly allowed in Section 4(i)hereof.
(f) Work Schedule. Permittee must begin installation work,if at all,within one hundred
eighty(180)days after the commencement of the term of this Permit. At least five(5)days prior to the
commencement of any work on the Permit Area, Permittee shall notify Mr. Ben Ayala,Construction
Inspector,at(650)872-5908,of the date such work shall commence and the intended construction
schedule. Notwithstanding the approval of such schedule by PUC,the Construction Inspector shall have
the right to require Permittee to adjust such schedule from time to time. All work must be performed
during regular working hours(Monday through Friday)between 8:00 a.m.to 4:30 p.m.,exclusive of City
holidays. Any work performed during any other time or day must be preapproved by the PUC at least
forty-eight(48)hours prior to commencing such work. In connection with such approval,City shall have
the right to charge Permittee additional inspection fees payable prior to PUC's approval of the request.
Permittee shall complete all work no later than 180 days after the commencement of the term of this
Permit,subject to unavoidable delays. For purposes hereof, "unavoidable delays" shall mean any delays
by reason of acts of God,accidents, breakage, strikes, lockouts,other labor disputes,enemy action,civil
commotion,protests,riots,demonstrations,federal or state governmental restrictions,or by any other
reason beyond the reasonable control of Permittee.
(g) Restoration of Permit Area. Immediately following completion of any work permitted
hereunder,Permittee shall remove all debris and any excess dirt and shall restore the Permit Area to its
condition immediately prior to Permittee's work hereunder,to the satisfaction of City. Permittee shall
restore excavated areas with new vegetation(including irrigation and maintenance until established)and
erosion control netting,all as requested by City.
(h) Pipeline Depth/Installation of Above-Ground Markers. Before commencing any
excavation work in the Permit Area,Permittee shall measure the depth of City's pipelines located in the
Permit Area and shall forward such information to City. Permittee shall install above-ground markers
identifying the location of any underground facilities installed pursuant to this Permit. The location,type
and installation of markers and identifying information on the markers shall be subject to the prior written
approval of PUC.
(i) As-Built Drawines/Reports. Promptly upon completion of the installation of the
facilities, Permittee shall furnish PUC with two(2)complete copies of final as-built drawings for the
facilities, which drawings shall include sufficient detail so as to allow City to precisely locate the
rev.2/17/04
rev. #2 4-29-04
facilities. In the event that Permittee or its agents or consultants prepares any environmental,seismic,
geophysical or other written report relating to the Permit Area and/or any work performed thereon,
Permittee shall furnish to City a complete copy of such report, including any schedules,exhibits and
maps,promptly upon completion of the same.
(j) Responsibility for Maintenance of Facilities. Permittee shall be solely responsible for
repairing and maintaining all facilities placed in or on the Permit Area pursuant hereto in good and safe
condition,and City shall have no duty whatsoever for any repair or maintenance of the Permit Area or
any such facilities therein. Permittee shall notify City in writing not less than five(5)days before
performing any repair or maintenance work in the Permit Area,except in the case of an emergency
wherein Permittee shall notify City telephonically and in writing as soon as reasonably possible.
(k) Revocability. Permittee acknowledges and agrees that the installation of the facilities
permitted hereunder, regardless of cost, shall not in any way whatsoever limit City's right to revoke this
Permit pursuant to the terms hereof or any of City's other rights hereunder.
(1) Contractors. Permittee shall not accept and release its contractor for work authorized or
required by this Permit before securing the PUC's written approval.
(m) Cathodic and Other Protection. City may adopt from time to time such rules and
regulations with regard to Permittee's facilities and operations hereunder as City may determine are
necessary or appropriate, in City's sole discretion,to safeguard against corrosion of,or other damage to,
City's pipelines and related facilities. Permittee shall immediately comply with all such rules and
regulations upon receipt of a copy thereof.
4. Restrictions on Use. Permittee agrees that,by way of example only and without limitation,the
following uses of the Permit Area by Permittee,or any other person claiming by or through Permittee,are
inconsistent with the limited purpose of this Permit and are strictly prohibited as provided below:
(a) Improvements. Except as otherwise expressly provided herein,Permittee shall not
construct or place any temporary or permanent structures or improvements in,on, under or about the
Permit Area,nor shall Permittee make any alterations or additions to any of existing structures or
improvements on the Permit Area,unless Permittee first obtains PUC's prior written consent,which PUC
may give or withhold in its sole and absolute discretion. For purposes hereof,asphalt,concrete and
cementitious concrete driveways, sidewalks and parking areas, shacks and storage facilities,and fences
shall be deemed"improvements."
(b) Trees and Other Plantings. Permittee shall not plant any trees or other vegetation in or
on the Permit Area,except as otherwise expressly provided herein and except in accordance with detailed
plans consistent with the PUC's vegetation management policy and as approved by the PUC in writing in
advance.
(C) Dumpina. Permittee shall not cause or permit the dumping or other disposal in,on,
under or about the Permit Area of landfill, refuse, Hazardous Material(as defined below)or any other
materials, including but not limited to materials that are unsightly or could pose a hazard to the human
health or safety,native vegetation or wildlife,or the environment.
(d) Hazardous Material. Permittee shall not cause,nor shall Permittee allow any of its
Agents or Invitees(as such terms are defined below)to cause,any Hazardous Material(as defined below)
rev.2/17/04
rev. #2 4-29-04
r
i to be brought upon,kept, used, stored,generated,released or disposed of in,on,under or about the Permit
Area,or transported to,from or over the Permit Area. Permittee shall immediately notify City when
Permittee learns of,or has reason to believe that,a release of Hazardous Material has occurred in,on,
under or about the Permit Area. Permittee shall further comply with all laws, statutes,ordinances,rules,
regulations,policies,orders,edicts and the like(collectively,"Laws")requiring notice of such releases or
threatened releases to governmental agencies,and shall take all action necessary or desirable to mitigate
the release or minimize the spread of contamination. In the event that Permittee or its Agents or Invitees
cause a release of Hazardous Material,Permittee shall,without cost to City and in accordance with all
Laws and using the highest and best technology available,promptly return the Permit Area to the
condition immediately prior to the release. In connection therewith, Permittee shall afford City a full
opportunity to negotiate and participate in any discussion with governmental agencies and environmental
consultants regarding any settlement agreement,cleanup or abatement agreement,consent decree or other
compromise proceeding involving Hazardous Material,and any other abatement or clean-up plan,
strategy and procedure. For purposes hereof, "Hazardous Material"means material that, because of its
quantity,concentration or physical or chemical characteristics, is at any time now or hereafter deemed by
any federal, state or local governmental authority to pose a present or potential hazard to public health,
welfare or the environment. Hazardous Material includes,without limitation,the following: any material
or substance defined as a"hazardous substance,pollutant or contaminant" pursuant to the Comprehensive
Environmental Response,Compensation and Liability Act of 1980,as amended,42 U.S.C. Sections 9601
et seq.,or pursuant to Section 25316 of the California Health& Safety Code or any other federal,state,or
local Law; a"hazardous waste" listed pursuant to Section 25140 of the California Health&Safety Code;
any asbestos and asbestos containing materials whether or not such materials are part of the Permit Area
or are naturally occurring substances in the Permit Area;and any petroleum, including,without limitation,
crude oil or any fraction thereof,natural gas or natural gas liquids,provided,the foregoing shall not
prohibit Permittee from traversing to,from and across the Permit Area in standard motor vehicles that do
not exceed the weight limitations set forth below. The term "release"or"threatened release"when used
with respect to Hazardous Material shall include any actual or imminent spilling, leaking,pumping,
pouring,emitting,emptying,discharging, injecting,escaping, leaching,dumping,or disposing in,on,
under or about the Permit Area.
(e) Nuisances. Permittee shall not conduct any activities in,on,under or about the Permit
Area that constitute waste,nuisance or unreasonable annoyance(including,without limitation,emission
of objectionable odors,noises or lights)to City,to the owners or occupants of neighboring property,or to
the public,or that constitute waste or nuisance per se.
(f) Damage. Permittee shall not do anything in,on, under or about the Permit Area that
could cause damage or interference to any pipelines or other property located in,on, under or about the
Permit Area.
(g,) Use of Adjoining Land. Permittee acknowledges that the privilege given under this
Permit shall be limited strictly to the Permit Area. Permittee shall not traverse over or otherwise use any
adjoining lands of City.
(h) Ponding,Water Courses. Permittee shall not cause any ponding on the Permit Area or
any flooding on adjacent land. Permittee shall not engage in any activity that causes any change,
disturbance, fill,alteration or impairment to the bed,bank or channel of any natural water course,
wetland,or other body of water on, in, under or about the Permit Area,nor shall Permittee engage in any
rev.2/17/04
rev. #2 4-29-04
1 tom.
activity that could pollute or degrade any surface or subsurface waters or result in the diminution or
drainage of such waters.
(i) Heavy Equipment and Vehicles. To prevent damage to City's underground pipelines,
Permittee's use of vehicles and equipment within twenty feet(20')of each side of the centerline of City's
pipelines(measured on the surface)shall be subject to the following restrictions:
(i) The depth of soil cover over the tops of City's pipelines must be at least three feet
(Y)for steel cylinder pipe and four feet(4')for reinforced pre-stressed concrete cylinder pipe to
accommodate the loading as defined below in Item(ii). If any equipment with axle loading exceeds the
loads stated in Item(ii)below or if the depth of soil cover is less than stated above,Permittee shall submit
to PUC for review and approval, in PUC's sole discretion,engineering calculations prepared by a licensed
Professional Engineer showing that City's pipelines will not be adversely affected by Permittee's
proposed activities. In the event that City's pipelines may be adversely affected,Pennittee shall submit
remedial measures for City's approval to ensure that no adverse effect will occur.
(ii) The effects of vehicle and equipment loads to the pipe must not exceed the
effects of the "AASHO Standard H-10 Loading." H-10 loading is defined as loading caused by a two-
axle truck with a gross weight of ten tons(20,000 lbs.),axles fourteen feet(14')apart,and rear axle
carrying 8-tons(16,000 lbs.). Permittee shall be responsible to provide PUC adequate evidence that its
equipment and vehicles meet the foregoing requirements.
(W) Permittee shall not use vibrating compaction equipment without PUC's prior
written approval, which approval may be withheld in PUC's sole discretion.
(iv) If the depth of the soil cover over the pipeline(determined by potholing or other
proof procedure)is less than the minimum stated in(i)above,unless an alternate method is approved by
PUC in writing,all excavation and grading over the pipeline shall be performed manually. For any
machinery equipment excavation and grading over and within twenty feet(20')on each side of the
centerline of the pipeline(measured on the surface),Permittee shall submit a written proposal together
with all supporting calculations and data to PUC for review and approval. In any case,the two feet(2 )of
soil around the pipeline shall be removed manually or by other methods approved by PUC with due care
as provided in Section 3(c).
5. Permit Fee(s).
(a) Permittee shall pay to City a one-time non-refundable permit fee in the amount of Seven
Hundred Fifty Dollars($750.00)to cover City's processing, inspection and other administrative costs.
Such fee is payable at such time as Permittee signs and delivers this Permit to City. Payment shall be
made by good check payable to the City and County of San Francisco and delivered to City in care of the
Director of the Real Estate Services of the San Francisco Public Utilities Commission at the address for
notices to City specified in Section 30 hereof or such other place as City may designate in writing.
6. Term of Permit. The privilege conferred to Permittee pursuant to this Permit shall commence on
the date on which this Permit is executed and delivered by City following PUC authorization and
approval and the receipt of all fees and security required to be provided hereunder(the"Commencement
Date"),and shall immediately expire upon thirty(30)days written notice from City revoking this Permit.
City may at its sole option freely revoke this Permit at any time without cause or liability,and without
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any obligation to pay any consideration to Permittee or return to Permittee any part of the permit fee or, if
applicable,the user fee. Upon any such revocation,Permittee will immediately surrender the Permit Area
in the condition required hereunder.
7. Security for Performance. N/A
8. Insurance.
(a) Permittee shall procure and keep in effect at all times during the term of this Permit,at
Perm ittee's expense,and cause its contractors and subcontractors to maintain at all times during any
construction activities on the Permit Area insurance as follows:(i)Commercial General Liability
Insurance with limits not less than $1,000,000 each occurrence combined single limit for bodily injury
and property damage, including coverages for contractual liability, personal injury, independent
contractors,explosion,collapse and underground(XCU), broadform property damage, Sudden and
Accidental Pollution, products and completed operations; (ii)Business Automobile Liability Insurance
with limits not less than$1,000,000 each occurrence combined single limit for bodily injury and property
damage, including coverages for owned,non-owned and hired automobiles,as applicable, if Permittee
uses or causes to be used any vehicles in connection with its use of the Permit Area,and(iii)Workers'
Compensation Insurance,including employer's liability coverage with limits of not less than$1,000,000
each accident. In lieu of the foregoing insurance, Permittee can elect to self-insure by providing City
adequate evidence of its self-insurance program. If Permittee elects to self-insure,Permittee shall give
PUC written notice of any significant change in or the depletion of its self-insurance fund.
(b) All policies required hereunder shall provide for the following: (i)name as additional
insureds the City and County of San Francisco, its Public Utilities Commission and its officers,agents
and employees;(ii)specify that such policies are primary insurance to any other insurance available to the
additional insureds,with respect to any claims arising out of this Permit and that insurance applies
separately to each insured against whom claim is made or suit is brought,except with respect to the
insurer's limit of liability,and(iii) include a waiver of subrogation endorsement or provision wherein the
insurer acknowledges acceptance of Permittee's waiver of claims against City. Such policies shall also
provide for severability of interests and that an act or omission of one of the named insureds which would
void or otherwise reduce coverage shall not reduce or void the coverage as to any insured,and shall
afford coverage for all claims based on acts,omissions, injury or damage which occurred or arose(or the
onset of which occurred or arose)in whole or in part during the policy period. Sudden and accidental
pollution coverage in the liability policies required hereunder shall be limited to losses resulting from
Perinittee's activities(and Pertnittee's Agents and Invitees)under this Permit(excluding nonnegligent
aggravation of existing conditions with respect to Hazardous Materials).
(c) All policies shall be endorsed to provide thirty(30)days prior written notice to City of
cancellation or intended non-renewal.
(d) Prior to the commencement date of this Permit,Permittee shall deliver to City certificates
of insurance in form and with insurers satisfactory to City,evidencing the coverages required hereunder,
together with complete copies of the policies at City's request. In the event Permittee shall fail to procure
such insurance,or to deliver such policies or certificates,City may procure,at its option,the same for the
account of Permittee,and the cost thereof shall be paid to City within five(5)days after delivery to
Permittee of bills therefore.
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(e) Should any of the required insurance be provided under a form of coverage that includes
a general annual aggregate limit or provides that claims investigation or legal defense costs be included in
such general annual aggregate limit, such general aggregate limit shall double the occurrence or claims
limits specified above.
(f) Should any of the required insurance be provided under a claims made form, Permittee
shall maintain such coverage continuously throughout the term of this Permit and,without lapse, for a
period of three(3)years beyond the Permit expiration or termination,to the effect that should any
occurrences during the Permit term give rise to claims made after expiration or termination of the Permit,
such claims shall be covered by such claims-made policies.
(g) Upon City's request, Permittee and City shall periodically review the limits and types of
insurance carried pursuant to this Section. If the general commercial practice in the City and County of
San Francisco is to carry liability insurance in an amount or coverage materially greater than the amount
or coverage then being carried by Permittee for risks comparable to those associated with the Permit
Area,then City in its sole discretion may require Permittee to increase the amounts or coverage carried by
Permittee hereunder to conform to such general commercial practice.
N Permittee's compliance with the provisions of this Section shall in no way relieve or
decrease Permittee's indemnification obligations under this Permit or any of Permittee's other obligations
hereunder. Notwithstanding anything to the contrary in this Permit,this Permit shall terminate
immediately,without notice to Permittee,upon the lapse of any required insurance coverage. Permittee
shall be responsible,at its expense, for separately insuring Permittee's property.
9. Compliance with Laws. Permittee shall,at its expense,conduct and cause to be conducted all
activities on the Permit Area allowed hereunder in a safe and reasonable manner and in compliance with
all Laws of any governmental or other regulatory entity(including,without limitation,the Americans
with Disabilities Act)and all covenants, restrictions and provisions of record,whether presently in effect
or subsequently adopted and whether or not in the contemplation of the parties. Permittee shall,at its sole
expense,procure and maintain in force at all times during its use of the Permit Area any and all business
and other licenses or approvals necessary to conduct the activities allowed hereunder. Permittee
understands and agrees that City is entering into this Permit in its capacity as a property owner with a
proprietary interest in the Permit Area and not as a regulatory agency with police powers. Permittee
further understands and agrees that no approval by City for purposes of this Permit shall be deemed to
constitute approval of any federal, state,City or other local regulatory authority with jurisdiction,and
nothing herein shall limit Permittee's obligation to obtain all such regulatory approvals at Permittee's sole
cost or limit in any way City's exercise of its police powers.
10. Covenant to Maintain Permit Area. In connection with its use hereunder,Permittee shall at all
times,at its sole cost,maintain the Permit Area in a good,clean, safe, secure, sanitary and sightly
condition, so far as the Permit Area may be affected by Permittee's activities hereunder.
11. Monuments.
(a) Permittee by signing this Permit acknowledges that the monuments shown on Exhibit B
attached hereto, if any,are in place and in good condition. During the installation of any permitted
facilities hereunder and at all times during Permittee's use of the Permit Area, Permittee shall protect and
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0
safeguard City's monuments. Permittee shall promptly notify City in the event Permittee becomes aware
of any change in the condition of City's monuments,regardless of the cause of such change.
(b) If Permittee damages a monument necessitating resurvey,repair or replacement, as
determined by City in its sole discretion, Permittee shall,at Permittee's expense, survey,file a land
surveyor's map in the County Office and install a replacement monument within thirty(30)days of
completion of work authorized under this Permit,all to the satisfaction of the City. A recorded surveyor's
map shall be furnished by Permittee to the PUC for its records.
(c) During the term of this Permit,City may replace missing monuments or install new
monuments. When missing monuments are replaced or new monuments installed by the City,the City
shall give Permittee written notice thereof. Upon deposit of such notice in the U.S. mail by City,postage
prepaid,Permittee shall assume the protection and replacement responsibilities set forth herein.
12. Removal or Alteration of Facilities. Without limiting City's rights hereunder,Permittee
shall promptly,at City's written request,alter or remove at its sole expense any and all facilities,
improvements,plantings or other property installed or placed in,on,under or about the Permit Area by
Permittee,as may be necessary to avoid any actual or potential interference with any of City's pipelines,
power lines,facilities or other structures now or later constructed,or with the maintenance thereof or with
any other operations or land uses by City. In the request,City shall have the right to specify reasonable
time limits for completion of the work. If after such written notice Permittee fails to complete the
requested work within the prescribed time limits,City shall have the right to perform the requested work
and charge Permittee all costs and expenses incurred by City in performing the work. Such amount shall
be due and payable upon City's demand. In the event of an emergency City may,at its sole option and
without notice,alter,remove or protect at Permittee's sole expense,any and all facilities, improvements,
plantings or other property installed or placed in,on,under or about the Permit Area by Permittee except
for utility facilities owned by either a private company or a public agency that are necessary for
operations after an emergency as determined by City in its sole discretion. The owner of such utility
facilities shall,upon written or oral notice by City that an emergency exists,take immediate action at its
sole expense to protect,remove or relocate such facilities as required by City to meet the emergency.
13. 5kE. Permittee shall not place,erect or maintain any sign,advertisement,banner or similar
object in, on,or about the Permit Area without PUC's prior written consent,which PUC may withhold in
its sole discretion;provided,however, Permittee may place in the Permit Area a temporary sign of less
than thirty(30)days' duration that is necessary for Permittee's construction use and which does not
extend below the ground surface without PUC's prior written consent.
14. Surrender. Upon the expiration of this Permit or within thirty(30)days after any sooner
revocation or other termination of this Permit,Permittee shall surrender the Permit Area in the same
condition as received,and broom clean, free from hazards and clear of all debris. At such time, Permittee
shall remove all of its property from the Permit Area and any signs and,upon City's request,other
structures or improvements permitted hereunder,and shall repair,at its cost,any damage to the Permit
Area caused by such removal. Permittee's obligations under this Section shall survive any termination of
this Permit.
15. Repair of Damage. If any portion of the Permit Area or any property of City located on or about
the Permit Area is damaged or threatened by any of the activities conducted by Permittee or anyone
acting by or through Permittee hereunder, Permittee shall immediately,at its sole cost, notify City by
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facsimile of such damage or threat. City may, but shall not be obligated,to remedy such damage or threat
at Permittee's sole cost,or City may elect to witness Permittee's repair work. In the event City elects not
to remedy such damage or threat,Permittee shall repair any and all such damage and restore the Permit
Area or property to its previous condition subject to City's inspection,review and approval. City has no
responsibility or liability of any kind with respect to any utilities that may be on, in or under the Permit
Area. Permittee has the sole responsibility to locate such utilities and other existing facilities and protect
them from damage. Permittee shall be solely responsible for arranging and paying directly for any
utilities or services necessary for its activities hereunder, provided,Permittee shall obtain City's prior
written approval to the provision of such services or utilities in,on, under,or through the Permit Area.
16. City's Riaht to Cure Defaults by Permittee. If Permittee fails to perform any of its obligations
under this Permit to restore the Permit Area, remove or alter facilities or repair damage,or if Permittee
defaults in the performance of any of its other obligations under this Permit,then City may,at its sole
option, remedy such failure for Pennittee's account and at Permittee's expense by providing Permittee
with three(3)days'prior written or oral notice of City's intention to cure such default(except that no such
prior notice shall be required in the event of an emergency as determined by City). Such action by City
shall not be construed as a waiver of any rights or remedies of City under this Permit,and nothing herein
shall imply any duty of City to do any act that Permittee is obligated to perform. Permittee shall pay to
City upon demand,all costs,damages,expenses or liabilities incurred by City, including,without
limitation, reasonable attorneys,' experts,' and consultants' fees, in remedying or attempting to remedy
such default. Pennittee's obligations under this Section shall survive the termination of this Permit.
17. No Costs to City. Permittee shall bear all costs or expenses of any kind or nature in connection
with its use of the Permit Area,and shall keep the Permit Area free and clear of any liens or claims of lien
arising out of or in any way connected with its use of the Permit Area.
18. Indemnity. Permittee shall indemnify,defend,reimburse and hold harmless City, its officers,
agents,employees and contractors,and each of them, from and against any and all demands,claims, legal
or administrative proceedings, losses,costs,penalties,fines, liens,judgments,damages and liabilities of
any kind("Claims"),arising in any manner out of(a)any injury to or death of any person or damage to or
destruction of any property occurring in,on or about the Permit Area,or any part thereof,whether such
injury,death,damage or destruction is caused by the person or property of Permittee, its officers,
directors, members,employees,agents, consultants,contractors or subcontractors(collectively,
"Agents"), its invitees,guests or business visitors(collectively, "Invitees"),or third persons,relating to
any use or activity under this Permit,(b)any failure by Permittee to faithfully observe or perform any of
the terms,covenants or conditions of this Permit,(c)the use of the Permit Area or any activities
conducted thereon by Permittee, its Agents or Invitees,(d)any release or discharge,or threatened release
or discharge,of any Hazardous Material caused or allowed by Permittee, its Agents or Invitees,on, in,
under or about the Permit Area,any improvements or into the environment,or(e)any failure by
Permittee to faithfully observe or perform any terms,covenants or conditions of the Recorded Documents
to the extent that such terms,covenants or conditions relate to or are triggered by the work to be
performed or the facilities to be installed pursuant to this Permit;except solely to the extent of Claims
resulting directly from the willful misconduct of City or City's authorized representatives. In addition to
Permittee's obligation to indemnify City, Permittee specifically acknowledges and agrees that it has an
immediate and independent obligation to defend the City from any claim that actually or potentially falls
within this indemnity provision even if such allegation is or may be groundless, fraudulent or false,which
obligation arises at the time such claim is tendered to Permittee by City and continues at all times
thereafter. The foregoing indemnity shall include,without limitation,reasonable attorneys',experts' and
consultants fees and costs, investigation and remediation costs and all other reasonable costs and
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expenses incurred by the indemnified parties, including,without limitation,damages for decrease in the
value of the Permit Area and claims for damages or decreases in the value of adjoining property.
Permittee's obligations under this Section shall survive the expiration or other termination of this Permit.
19. Waiver of Claims.
(a) Neither City nor any of its commissions,departments, boards,officers,agents or
employees shall be liable for any damage to the property of Permittee, its officers,agents,employees,
contractors or subcontractors,or their employees,or for any bodily injury or death to such persons,
resulting or arising from the condition of the Pen-nit Area or its use by Permittee.
(b) Permittee acknowledges that this Permit is freely revocable by City and in view of such
fact,Permittee expressly assumes the risk of making any expenditures in connection with this Permit,
even if such expenditures are substantial. Without limiting any indemnification obligations of Permittee
or other waivers contained in this Permit and as a material part of the consideration for this Permit,
Permittee fully RELEASES, WAIVES AND DISCHARGES forever any and all claims,demands, rights,
and causes of action against,and covenants not to sue,City, its departments,commissions,officers,
directors and employees,and all persons acting by,through or under each of them,under any present or
future laws, statutes,or regulations, including,but not limited to,any claim for inverse condemnation or
the payment of just compensation under law or equity, in the event that City exercises its right to revoke
or terminate this Permit.
(c) Permittee acknowledges that it will not be a displaced person at the time this Permit is
terminated or revoked or expires by its own terms,and Permittee fully RELEASES, WAIVES AND
DISCHARGES forever any and all claims,demands, rights,and causes of action against,and covenants
not to sue,City, its departments,commissions,officers,directors and employees,and all persons acting
by,through or under each of them, under any present or future laws, statutes,or regulations, including,
without limitation,any and all claims for relocation benefits or assistance from City under federal and
state relocation assistance laws.
(d) Permittee expressly acknowledges and agrees that the fees payable hereunder do not take
into account any potential liability of City for any consequential or incidental damages including, but not
limited to, lost profits and arising out of disruption to the facilities or Permittee's uses hereunder. City
would not be willing to give this Permit in the absence of a waiver of liability for consequential or
incidental damages due to the acts or omissions of City or its Agents,and Permittee expressly assumes
the risk with respect thereto. Accordingly,without limiting any indemnification obligations of Permittee
or other waivers contained in this Permit and as a material part of the consideration for this Permit,
Permittee fully RELEASES, WAIVES AND DISCHARGES forever any and all claims,demands,rights,
and causes of action against for consequential and incidental damages(including without limitation, lost
profits and covenants not to sue for such damages,City, its departments,commissions,officers,directors
and employees,and all persons acting by,through or under each of them,arising out of this Permit or the
uses authorized hereunder,including,without limitation,any interference with uses conducted by
Permittee pursuant to this Permit,regardless of the cause,and whether or not due to the negligence of
City or its Agents,except for the gross negligence and willful misconduct of City or its Agent.
(e) As part of Permittee's agreement to accept the Permit Area in its "As Is"condition as
provided below,and without limiting such agreement, Permittee on behalf of itself and its successors and
assigns,waives its right to recover from,and forever releases and discharges,City and its Agents,and
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J
their respective heirs, successors,administrators,personal representatives and assigns, from any and all
Claims,whether direct or indirect,known or unknown, foreseen and unforeseen, that may arise on
account of or in any way be connected with the physical or environmental condition of the Permit Area
and any related improvements or any law or regulation applicable thereto or the suitability of the Permit
Area for Permittee's intended use.
(f) In connection with the foregoing releases,Permittee acknowledges that it is familiar with
Section 1542 of the California Civil Code,which reads:
A general release does not extend to claims which the creditor does not know or suspect
to exist in his favor at the time of executing the release,which if known by him must have materially
affected his settlement with the debtor.
Permittee acknowledges that the releases contained herein includes all known and
unknown, disclosed and undisclosed,and anticipated and unanticipated claims. Permittee realizes and
acknowledges that it has agreed upon this Permit in light of this realization and,being fully aware of this
situation, it nevertheless intends to waive the benefit of Civil Code Section 1542,or any statute or other
similar law now or later in effect. The releases contained herein shall survive any termination of this
Permit.
20. As Is Condition of Permit Area; Disclaimer of Representations. Permittee accepts the Permit
Area in its "AS IS"condition,without representation or warranty of any kind by City, its officers,agents
or employees,and subject to all applicable laws,rules and ordinances governing the use of the Permit
Area. Without limiting the foregoing,this Permit is made subject to any and all existing and future
covenants,conditions,restrictions,easements,encumbrances and other title matters affecting the Permit
Area,whether foreseen or unforeseen,and whether such matters are of record or would be disclosed by an
accurate inspection or survey.
21. No Assignment. This Permit is personal to Permittee and shall not be assigned,conveyed or
otherwise transferred by Permittee under any circumstances. Any attempt to assign,convey or otherwise
transfer this Permit shall be null and void and cause the immediate termination and revocation of this
Permit.
22. Cessation of Use. Permittee will not terminate its activities on the Permit Area pursuant hereto
without prior written notice to City.
23. No Joint Ventures or Partnership;No Authorization. This Permit does not create a
partnership or joint venture between City and Permittee as to any activity conducted by Permittee on, in
or relating to the Permit Area. Permittee is not a state actor with respect to any activity conducted by
Permittee on, in, under or around the Permit Area. The giving of this Permit by City does not constitute
authorization or approval by City of any activity conducted by Permittee on, in,around or relating to the
Permit Area.
24. MacBride Principles-Northern Ireland. The City and County of San Francisco urges
companies doing business in Northern Ireland to move toward resolving employment inequities and
encourages them to abide by the MacBride Principles as expressed in San Francisco Administrative Code
Section 12F.1,"s . The City and County of San Francisco also urges San Francisco companies to do
business with corporations that abide by the MacBride Principles. Permittee acknowledges that it has
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read and understands the above statement of the City and County of San Francisco concerning doing
business in Northern Ireland.
25. Non-Discrimination in City Contracts and Benefits Ordinance.
(a) Covenant Not to Discriminate. In the performance of this Permit, Permittee covenants
and agrees not to discriminate on the basis of the fact or perception of a person's race,color,creed,
religion,national origin,ancestry,age, sex, sexual orientation, gender identity,domestic partner status,
marital status,height,weight,disability or Acquired Immune Deficiency Syndrome or HIV status
(AIDS/HIV status)against any employee of,any City employee working with,or applicant for
employment with Permittee, in any of Permittee's operations within the United States,or against any
person seeking accommodations,advantages,facilities,privileges,services,or membership in all
business, social,or other establishments or organizations operated by Permittee.
(b) Other Subcontracts. Permittee shall include in all subcontracts relating to the Permit
Area a non-discrimination clause applicable to such subcontractor in substantially the form of subsection
(a)above. In addition, Permittee shall incorporate by reference in all subcontracts the provisions of
Sections 12B.2(a), 12B.2(c)-(k),and 12C.3 of the San Francisco Administrative Code and shall require all
subcontractors to comply with such provisions. Permittee's failure to comply with the obligations in this
subsection shall constitute a material breach of this Permit.
(c) Non-Discrimination in Benefits. Permittee does not as of the date of this Permit and
will not during the Term, in any of its operations in San Francisco or where the work is being performed
for the City or elsewhere within the United States,discriminate in the provision of bereavement leave,
family medical leave,health benefits,membership or membership discounts,moving expenses,pension
and retirement benefits or travel benefits, as well as any benefits other than the benefits specified above,
between employees with domestic partners and employees with spouses,and/or between the domestic
partners and spouses of such employees,where the domestic partnership has been registered with a
governmental entity pursuant to state or local law authorizing such registration,subject to the conditions
set forth in Section 12B.2(b)of the San Francisco Administrative Code.
(d) Condition to Permit As a condition to this Permit, Permittee shall execute the"Chapter
12B Declaration:Nondiscrimination in Contracts and Benefits"form(Form HRC-12B-10 1)with
supporting documentation and secure the approval of the form by the San Francisco Human Rights
Commission.
(e) Incorporation of Administrative Code Provisions by Reference. The provisions of
Chapters 12B and 12C of the San Francisco Administrative Code relating to non-discrimination by
parties contracting for the Permit of City property are incorporated in this Section by reference and
made a part of this Agreement as though fully set forth herein. Permittee shall comply fully with and be
bound by all of the provisions that apply to this Permit under such Chapters of the Administrative Code,
including but not limited to the remedies provided in such Chapters. Without limiting the foregoing,
Permittee understands that pursuant to Section 12B.2(h)of the San Francisco Administrative Code,a
penalty of$50 for each person for each calendar day during which such person was discriminated
against in violation of the provisions of this Permit may be assessed against Permittee and/or deducted
from any payments due Permittee.
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26. Reguirine Health Benefits for Covered Employees.
To the extent applicable and unless exempt or preempted by other law, Permittee agrees to comply fully
with and be bound by all of the provisions of the Health Care Accountability Ordinance(HCAO),as set
forth in San Francisco Administrative Code Chapter 12Q(Chapter 12% including the implementing
regulations,as the same may be amended or updated from time to time. The provisions of Chapter 12Q
are incorporated herein by reference and made a part of this Permit as though fully set forth herein. The
text of the HCAO is currently available on the web at www.ci.sf.ca.us\HCAO. Capitalized terms used in
this Section and not defined in this Permit shall have the meanings assigned to such terms in Chapter
12Q.
(a) For each Covered Employee Permitee shall provide the applicable health benefit set forth
in Section 12Q.3 of the HCAO. If Permitee chooses to offer the health plan option,such health plan shall
meet the minimum standards set forth by the San Francisco Health Commission.
(b) Notwithstanding the above, if Permitee meets the requirements of a"small business"as
described in Section 12Q.3(d)of the HCAO, it shall have no obligation to comply with part(a)above.
(0 Permitee's failure to comply with any applicable requirements of the HCAO shall
constitute a material breach by Permitee of this Permit and City's remedies shall be those set forth in the
HCAO. If,within 30 days after receiving City's written notice of a breach of this Permit for violating the
HCAO, Permitee fails to cure such breach or, if such breach cannot reasonably be cured within such 30-
day period, Permitee fails to commence efforts to cure within such period,or thereafter fails diligently to
pursue such cure to completion,City shall have the remedies set forth in Section 12Q.5(f)(1-5). Each of
these remedies shall be exercisable individually or in combination with any other rights or remedies
available to City.
(d) Any Subpermit or Contract regarding services to be performed on the Premises entered
into by Permitee shall require the Subtenant or Contractor and Subcontractors,as applicable,to comply
with the requirements of the HCAO and shall contain contractual obligations substantially the same as
those set forth in this Section. Permitee shall notify the Purchasing Department when it enters into such a
Subpermit or Contract and shall certify to the Purchasing Department that it has notified the Subtenant or
Contractor of the obligations under the HCAO and has imposed the requirements of the HCAO on the
Subtenant or Contractor through written agreement with such Subtenant or Contractor. Permitee shall be
responsible for ensuring compliance with the HCAO by each Subtenant,Contractor and Subcontractor
performing services on the Premises. If any Subtenant,Contractor or Subcontractor fails to comply,City
may pursue the remedies set forth in this Section against Permitee based on the Subtenant's,Contractor's,
or Subcontractor's failure to comply,provided that the Contracting Department has first provided
Permitee with notice and an opportunity to cure the violation.
(e) Permitee shall not discharge,reprimand, penalize, reduce the compensation of,or
otherwise discriminate against,any employee for notifying City of any issue relating to the HCAO,for
opposing any practice proscribed by the HCAO, for participating in any proceedings related to the
HCAO,or for seeking to assert or enforce any rights under the HCAO by any lawful means.
(f) Permitee represents and warrants that it is not an entity that was set up,or is being used,
for the purpose of evading the requirements of the HCAO.
(g) Permitee shall keep itself informed of the requirements of the HCAO,as they may
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rev. #2 4-29-04
change from time to time.
(h) Upon request,Permitee shall provide reports to City in accordance with any reporting
standards promulgated by City under the HCAO, including reports on Subtenants,Contractors,and
Subcontractors.
(i) Within five(5)business days after any request by City,Permitee shall provide City with
access to pertinent records relating to any Permitee's compliance with the HCAO. In addition,City and
its agents may conduct random audits of Permitee at any time during the term of this Permit. Permitee
agrees to cooperate with City in connection with any such audit.
27. Contributions from Contractors. San Francisco Campaign and Governmental Conduct Code
(the "Conduct Code")Section 1.126 prohibits any person who contracts with the City for selling or
leasing any land or building to or from the City whenever such transaction would require the approval by
a City elective officer or the board on which that City elective officer serves,from making a contribution
to such an officer,or candidate for such an office,or committee controlled by such officer or candidate at
any time from the commencement of negotiations for such contract until the termination of negotiations
for such contract or three months has elapsed from the date the contract is approved by the City elective
officer,or the board on which that City elective officer serves. San Francisco Ethics Commission
Regulation 1.126-1 provides that negotiations are commenced when a prospective contractor first
communicates with a City officer or employee about the possibility of obtaining a specific contract. This
communication may occur in person,by telephone or in writing,and may be initiated by the prospective
contractor or a City officer or employee. Negotiations are completed when a contract is finalized and
signed by the City and the contractor. Negotiations are terminated when the City and/or the prospective
contractor end the negotiation process before a final decision is made to award the contract. Through its
execution of this Agreement,Permitee acknowledges that it is familiar with the provisions of section
15.103 of City's Charter,Article 111,Chapter 2 of City's Campaign and Governmental Conduct Code,and
sections 87100 et seq and sections 1090 et seq.of the Government Code of the State of California,and
certifies that it does not know of any facts which constitute a violation of said provisions and agrees that
if it becomes aware of any such fact during the term of this Agreement it shall immediately notify
Landlord.
28. Tropical Hardwoods and Virgin Redwoods. The City and County of San Francisco urges
companies not to import,purchase,obtain or use for any purpose,any tropical hardwood,tropical
hardwood product, virgin redwood,or virgin redwood product.
29. Taxes,Assessments,Licenses,Permit Fees and Liens.
(a) Permittee recognizes and understands that this Permit may create a possessory interest
subject to property taxation and that Permittee may be subject to the payment of property taxes levied on
such interest. Permittee further recognizes and understands that any transfer or assignment permitted
under this Permit and any exercise of any option to renew or extend this Permit may constitute a change
in ownership for purposes of property taxation and therefore may result in a revaluation of any possessory
interest created hereunder.
(b) Permittee agrees to pay taxes of any kind, including,but not limited to,possessory
interest taxes, that may be lawfully assessed on the interest hereby created and to pay all other taxes,
excises, licenses,permit charges and assessments based on Permittee's usage of the Permit Area that may
rev.2/17/04
rev. #2 4-29-04
be imposed upon Permittee by law,all of which shall be paid when the same become due and payable and
before delinquency.
(c) Permittee agrees not to allow or suffer a lien for any such taxes or charges to be imposed
upon the Permit Area or upon any equipment or property located thereon without promptly discharging
the same,provided that Permittee, if so desiring, may have reasonable opportunity to contest the validity
of the same by paying under protest or posting adequate(in City's sole discretion)security during any
such contest.
30. Notices. Except as otherwise expressly provided herein,any notices given under this Permit shall
be effective only if in writing and given by delivering the notice in person,by sending it first class mail or
certified mail with a return receipt requested,or nationally-recognized overnight courier that guarantees
next day delivery and provides a receipt therefor,with postage prepaid,addressed as follows(or such
alternative address as may be provided in writing):
City or PUC: Real Estate Services
Public Utilities Commission
1155 Market St.,4th Flr.
San Francisco,CA 94103
Attn: Director
Permittee: Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos,CA 94022-1404
Attn: General Manager
Notices herein shall be deemed given two(2)days after the date when they shall have been mailed if sent
by first class,certified or overnight courier,or upon the date personal delivery is made.
31. No Tobacco Advertising. Permittee acknowledges and agrees that no advertising of cigarettes or
tobacco products is allowed on any real property owned by or under the control of the City, including the
property that is the subject of this Permit. This prohibition includes the placement of the name of a
company producing, selling or distributing cigarettes or tobacco products or the name of any cigarette or
tobacco product in any promotion of any event or product. This prohibition does not apply to any
advertisement sponsored by a state, local or nonprofit entity designed to communicate the health hazards
of cigarettes and tobacco products or to encourage people not to smoke or to stop smoking.
32. Pesticide Prohibition. Permitee shall comply with the provisions of Section 303 of Chapter 3 of
the San Francisco Environment Code(the"Pesticide Ordinance")which(i)prohibit the use of certain
pesticides on City property,(ii)require the posting of certain notices and the maintenance of certain
records regarding pesticide usage and(iii)require Permitee to submit to the SFPUC an integrated pest
management("IPM")plan that(a) lists,to the extent reasonably possible,the types and estimated
quantities of pesticides that Permitee may need to apply to the Premises during the terms of this Lease,(b)
describes the steps Permitee will take to meet the City's IPM Policy described in Section 300 of the
Pesticide Ordinance,and(c)identifies, by name,title,address and telephone number,an individual to act
as the Permitee's primary IPM contact person with the City. In addition,Permitee shall comply with
Sections 303(a)and 303(b)of the Pesticide Ordinance.
rev.2/17/04
rev. #2 4-29-04
33. Conflict of Interest Permitee states that it is familiar with the provisions of Sections 15.103 of
the San Francisco Charter,Article 111,Chapter 2 of the City's Campaign and Governmental Conduct
Code and Sections 87100 et seq.and Sections 1090 et seq. of the Government Code of the State of
California and certifies that it knows of no facts,which would constitute a violation of such provisions
and agrees that if it becomes aware of any such fact during the term of this Lease, it shall immediately
notify the City. Permitee further certifies that it has made a complete disclosure to the PUC of all facts
bearing upon any possible interest,direct or indirect,which Permitee believes any member of the PUC,or
other officer or employee of the City and County of San Francisco,presently has or will have in this
Lease or in the performance thereof. Willful failure to make such disclosure, if any, shall constitute a
material default hereunder.
34. General Provisions. (a) This Permit may be amended or modified only by a writing signed by
City and Permittee. (b)No waiver by any party of any of the provisions of this Permit shall be effective
unless in writing and signed by an officer or other authorized representative,and only to the extent
expressly provided in such written waiver. No wavier shall be deemed a subsequent or continuing waiver
of the same,or any other,provision of this Permit. (c)Except as expressly provided to the contrary,all
approvals,consents and determinations to be made by City hereunder may be made in the sole and
absolute discretion of City. (d)This instrument(including the exhibit(s)hereto)contains the entire
agreement between the parties and all prior written or oral negotiations,discussions,understandings and
agreements are merged herein. (e)The section and other headings of this Permit are for convenience of
reference only and shall be disregarded in the interpretation of this Permit. (f)Time is of the essence in
all matters relating to this Permit. (g)This Permit shall be governed by California law and City's Charter.
(h)If either party commences an action against the other or a dispute arises under this Permit,the
prevailing party shall be entitled to recover from the other reasonable attorneys'fees and costs. For
purposes hereof and for purposes of the indemnifications set forth herein, reasonable attorneys'fees of
City shall be based on the fees regularly charged by private attorneys in San Francisco with comparable
experience notwithstanding the City's use of its own attorneys. (i) If Permittee consists of more than one
person then the obligations of each person shall be joint and several. (i)Permittee,may not record this
Permit or any memorandum hereof. (k)Subject to the prohibition against assignments or other transfers
by Permittee hereunder,this Permit shall be binding upon and inure to the benefit of the parties and their
respective heirs,representatives, successors and assigns. (1)Any sale or conveyance of the property
burdened by this Permit by City shall automatically revoke this Permit. (m)Notwithstanding anything to
the contrary contained in this Permit,Permittee acknowledges and agrees that no officer or employee of
City has authority to commit City to this Permit unless and until a resolution of City's PUC shall have
been duly adopted approving this Permit and authorizing the transaction contemplated hereby. Therefore,
any obligations or liabilities of City hereunder are contingent upon enactment of such an resolution,and
this Permit shall be null and void if City's PUC does not approve this Permit, in its sole discretion.
35. Disclosure. Permittee understands and agrees that under the City's Sunshine Ordinance(S.F.
Administrative Code Chapter 67)and the State Public Records Law(Gov't Code section 6250 et seq.),
apply to this Permit and any and all records,information,and materials submitted to the City in
connection with this Permit. Accordingly,any and all such records, information and materials may be
subject to public disclosure in accordance with the City's Sunshine Ordinance and the State Public
Records Law. Permittee hereby authorizes the City to disclose any records, information and materials
submitted to the City in connection with this Permit.
rev.2/17/04
rev. #2 4-29-04
PERMITTEE REPRESENTS AND WARRANTS TO CITY THAT IT HAS READ AND
UNDERSTANDS THE CONTENTS OF THIS PERMIT, HAS HAD AN OPPORTUNITY TO REVIEW
AND DISCUSS IT WITH COUNSEL OF ITS CHOOSING, AND AGREES TO COMPLY WITH AND
BE BOUND BY ALL OF ITS PROVISIONS.
PERMITTEE:
Midpeninsula Regional Open Space District
a California special district
By:
Name: L. Craig Britton
Its: General Manager
CITY:
CITY AND COUNTY OF SAN FRANCISCO,
A municipal corporation
General ager
Public itiesCommission
Date 71 ` /e i
APPROVED AS TO FORM:
DENNIS J.HERRERA
City Attorpey
By:
64 City A ey
Authorized by
Public Utilities Commission
Resolution No. 'q y - 0/P&
Adopted W 17 y
Attest
Secret
Pub tilities Commission
rev.2/17/04
rev. #2 4-29-04
PERMITTEE REPRESENTS AND WARRANTS TO CITY THAT IT HAS READ AND
UNDERSTANDS THE CONTENTS OF THIS PERMIT, HAS HAD AN OPPORTUNITY TO
REVIEW AND DISCUSS IT WITH COUNSEL OF ITS CHOOSING, AND AGREES TO COMPLY
WITH AND BE BOUND BY ALL OF ITS PROVISIONS.
PERMITTEE:
Midpeninsula Regional Open Space District
a California s cia ' trict
y
Name: L. Craig Bri on
Its: General Manager
CITY:
CITY AND COUNTY OF SAN FRANCISCO,
A municipal corporation
i
General Manager
Public Utilities Commission
APPROVED AS TO FORM. Date
DENNIS J. HERRERA
City Attorney
By:
Deputy City Attorney
Authorized by E
Public Utilities Commission
Resolution No.
Adopted
Attest
Secretar
y
Public Utilities Commission
i
t
i
19
s s
EXHIBIT A
DESCRIPTION OF PERMIT AREA
All that certain real property located in San Mateo County,California,described as follows:
A portion of Parcel 2185 IIIBDPL I & 2 in San Carlos, according to PUC records and as shown on
Drawing attached hereto as Exhibit B and made a part hereof.
I
rev.2117/04
rev. #2 4-29-04
EXHIBIT B
DRAWING NO. 4807
i
rev.2/1 7/04
rev. #2 4-29-04
•
VICINITY MAP ,
C
a o.is os o
VICIMTY MAP ♦•. \v` `• '♦°e
.o
0
♦;�a &;� .. �.
ti .♦
Proposed Dirt Trail Corridor
(4-6 foot wide)
Using Old Service Road Alignment 1
St
09
GIN
CITY AND COUNTY OF SAN FRANCISCO
PUBLIC UTILITIES COMMISSION
Permit to Midpeninsula Regional Open Space District
Portion of Parcel 2185 III
BY IREVIEWED DRAWN BY SCALE DRAWING NO.
APPROVED CHID BY DATE
REV.BY DATE REV. B-4807
MANAGER,LAND ENGINEERING
i
EDIT C
APPROVED PLANS AND SPECIFICATIONS
rev.2/17/04
rev. #2 4-29-04
PULGAS RIDGE OPEN SPACE PRESERVE . •♦. '�, ♦, •♦
♦• �. '♦
Intermittent Stream — -- SFWDB.D.P.L.#1 •♦•♦ `' ♦�lj
Trail SFWDB.D.P.L. #2 ♦• •�y
♦
Paved Road SFWDB.D.P.L. #3 •♦ `, ` ♦•
-•�•—•� Preserve/SFWD Boundary SFWDB.D.P.L. #4 1 ` •♦♦
® Redwood Center O •♦� ♦j
2 • O
i
The approximate locations of the SFWD Pipe Lines were determined �O • ��
based on a Plan provided by San Francisco Water District ram`♦• �j
.v O
•Feet a�y•♦ e�A . ' o� ` / ♦1
0 75 150 300
— •♦ ` S
♦ ' �,
F"\\
crestL `O �, '♦
VICINITY MAP
4O A
Proposed Dirt Trail Corridor
,`�
(4-6 foot wide) 00 N `
Pulgas Ridge
Jsing Old Service Road Alignment • -
��'� s Open Space co
Preserve
i
SYer Loopjca` 0 ,� •
c
o
O
40
C) mama mono
00
Fdgewood
P� cow P ' �,'• /'
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04
Cd�'ba JBLIC UTIU1;Es CO lkliSSION v 3 ♦♦♦♦♦•� •♦••• �a , / `••�
'Qo AND COUNTY OFSAN r NOSCO(OCSF) '• ♦•• ' • O �•
as
LAND ENGINEE INGREVIEWED ♦•♦ CJ` ♦� ��
REVIEWED:(JP.A'ECT 045 REUSED AS NOTED ♦♦ ♦♦♦ 1? � ♦ ' �, ••`•`.
Miles AND RESUBMIT , ♦♦ QUO\�G P ♦ _ • �
0 015 0.3 0.6 AS NOTED UNACCE°TABLE :♦ PG ♦♦ ♦ Ile
'•`
IMPORTANT:TFfiS T..At, IS ONLY FOR THE PORTION{S) ♦• Ma n h ole,,cover
IN 1AM1tlGi CCSF W IMT ST ANL'i0R FAG'UTIES 4
AND DOES NOT RELIEVE PROJECT SPONSOR F,%a
VATN SIGN REO S.SPEOFICAT10N6.
%� •JrRACTUAL S
SIGN DATE
4° x s° x 6'-0°
PUL6A5 RIDGE OPEN SPACE PRE5ERVE
REDWOOD R01,16H
N SPLIT RAIL
EQUIPMENT AND VEHICLE LOAD RESTRICTIONS 0 0 010
ON CITY AND COUNTY OF SAN FRANCISCO (CITY)
cV 6" X 6" X 4'-O"
PIPELINE RIGHT-OF-WAY REDWOOD OR
P.T. CEDAR POST
TO PREVENT DAMAGE TO THE GITY'5 UNDERGROUND PIPELINES, I I 'i:�/ �'i/ "�%'•/ /�!
PERMITTEES USE OF VEHIGLES AND EQUIPMENT WITHIN TWENTY FEET (20')
OF EAGH 51PE OF THE GENTERLINE OF THE GITY'S PIPELINES(MEASURED ON to I I; I I COMPACT SOIL 6
THE 5URFAGE) SHALL BE SUBJEGT TO THE FOLLOWING RESTRIGTIONS: N I I I I ALL AROUND POST
(i) THE DEPTH OF SOIL GOVER OVER THE TOPS OF THE GITY'S PIPELINES I• I
MUST BE AT LEAST THREE FEET (5) FOR STEEL CYLINDER PIPE AND FOUR L J ELEVATION L J
FEET(4') FOR REINFORCED PRE-STRESSED GONGRETE CYLINDER PIPE TO PROVIDE MIN. 1 2"
AGGOMMODATE THE LOADING AS DEFINED BELOW IN ITEM(II). IF ANY CLEARANGE BETWEEN
EQUIPMENT OR VEHICLE WITH AXLE LOADING EXCEEDS THE LOADS STATED BASE OF POST AND
IN ITEM(ii) BELOW, OR IF THE DEPTH OF 501L 15 LE55 THAN STATED ABOVE, TOP OF SFWD PIPELINE
PERMITTEE SHALL SUBMIT TO CITY'S PUBLIC UTILITIES COMMISSION, WATER
SUPPLY AND TREATMENT DIVISION (5FPUG) FOR REVIEW AND APPROVAL, IN
SFPUG'5 SOLE D15CRETION, ENGINEERING GALGULATIONS PREPARED BY A
LIGENSED PROFE55IONAL ENGINEER SHOWING THAT GITY'S PIPELINES WILL
NOT BE ADVERSELY AFFEGTED BY PERMITTEE'S PROPOSED ACTIVITIES. IN
THE EVENT THAT THE GITY'S PIPELINES MAY BE ADVERSELY AFFEGTED,
PERMITTEE SHALL SUBMIT REMEDIAL MEASURES FOR GITYS APPROVAL TO
ENSURE THAT NO ADVERSE EFFECT WILL OGGUR. �-
dJ TRAIL TREAD
(ii) THE EFFECTS OF THE VEHIGLE AND EQUIPMENT LOADS TO THE PIPE MUST 3/5" X 1 1 " GARRIACGE
NOT EXGEED THE EFFEGT5 OF THE "AA5HTO STANDARD H- 10 LOADING:' H- BOLT, GOUNTERSUNK
10 LOADING 15 DEFINED A5 LOADING GAU5ED BY A TWO-AXLE TRUGK WITH
A 6R055 WEIGHT OF TEN TONS(20,000 LB5.), AXLES FOURTEEN (1 4')
APART, AND REAR AXLE CARRYING 5 TONS (16,000 LB5.). PERMITTEE
SHALL BE RESPONSIBLE TO PROVIDE 5FPUG ADEQUATE EVIDENCE THAT ITS
EQUIPMENT AND VEHIGLE5 MEET THE FOREGOING REQUIREMENTS.
THE EQUIPMENT USED TO GON57RUGT THE TRAIL UNDER THIS PERMIT WILL PLAN
GON515T
OF: 2 I1
- ONE BOBGAT -7 5 3 5KID-5TEER LOADER WITH AN OPERATING GUT ON 45 DEGREE
WEIGHT OF 4,993 LB5. ANGLE
- ONE BOMAG BW90 AD-2 VIBRATORY ROLLER WITH AN PUBLIC UIIU TIES CjMMISSION
OPERATING WEIGHTCITYANDCOUNTYOFSANFRANC W
OF 3,35 1 LB5. LAND ENGINEEYNG 5i'
- ALL OTHER EQUIPMENT USED FOR GON5TRUCTION AND 19REVIEWED Ll rr,-.SED AS NOTED'
MAINTENANGE OF THIS TRAIL WILL BE HAND OPERATED TOOLS. �REVIEWED,CORREcnoNs RESUBMIT
AS NOTED ❑i WA.CCER!AsLE s
NOPERMITTEE SHALL NOT USE VIBRATING COMPACTION EQUIPMENT �N C r y 'o�qa°,2ON('
WITHOUT SFPUG'S PRIOR WRITTEN APPROVAL, WHICH APPROVAL MAY BE d o `� P'.° a': ° °DOES NO RCuEVERROtECTSPONSOR,E GINEER
o m o a o 0 0• o I AN CON RACTOq of RESRoI E�iI TIES TO Cow,,
WITH THE DESIGN F#QLAREMENTS.SPECIFICATIONS
WITHHELD IN 5FPUC'5 SOLE DI5GRETION. I I I I cooE M14TRACTtOL
SIGN pt,r �;
(iv) IF THE DEPTH OF THE 501L GOVER OVER THE PIPELINE(DETERMINED BY I I I I „
POTHOLING OR OTHER PROOF PROGEDURE) 15 LE55 THAN THE MINIMUM i I • I I 4 DECOMPOSED
STATED IN N ABOVE, UNLESS AN ALTERNATE METHOD 15 APPROVED BY I I I I : GRANITE FILL OVER
5FPUG IN WRITING, ALL EXGAVATION AND GRADING OVER THE PIPELINE NOTES: - - 0% TO 50/c GROSS SLOPES
SHALL BE PERFORMED MANUALLY. FOR ANY MAGHINERY EQUIPMENT - GRADE NOT TO EXCEED 5%AND SECTION
EXGAVATION AND GRADING OVER AND WITHIN TWENTY FEET (20) ON EACH GROSS SLOPE NOT TO EXCEED 2%.
i 51DE OF THE CENTERLINE OF THE PIPELINE (MEASURED ON THE 5URFAGE), - 4" 5URFAGING OF DEGOMP05ED GRANITE,
PERMITTEE SHALL SUBMIT A WRITTEN PROPOSAL TOGETHER WITH ALL ROLLED AND GOMPAGTED TO MIN. 95%
SUPPORTING GALGULATION5 AND DATA TO 5FPUG FOR REVIEW AND DENSITY.
APPROVAL. IN ANY GA5E, THE TWO FEET (2') 50IL AROUND THE PIPELINE SINGLE SPLIT RAIL FENCE
SHALL BE REMOVED MANUALLY OR BY OTHER METHODS APPROVED BY
SFPUG. SGALE: 1 " = 2'-0"