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p City of San Leandro Meeting Date: February 6, 2012 Resolution - Council File Number: 11 -374 Agenda Section: CONSENT CALENDAR Agenda Number: TO: City Council FROM: Chris Zapata City Manager BY: Uchenna Udemezue Engineering & Transportation Director FINANCE REVIEW: James O'Leary Interim Finance Director TITLE: ADOPT: Resolution Authorizing the City Manager to Enter into a License Agreement Between the City of San Leandro and S. J. Amoroso Construction (Amoroso) Relating to the Use of 2512 Davis Street for Construction Storage Purposes in Support of the Water Pollution Control Plant Project WHEREAS, the City of San Leandro ( "City ") owns certain real property commonly known as 2512 Davis Street, APN 077A- 0649 - 008 -25 (the "Site "); and WHEREAS, the City awarded a contract to Amoroso to be the general contractor for the City's Water Pollution Control Plant Project (the "Project "); and WHEREAS, the Site is adjacent to the Project, and would serve Amoroso well as a construction storage area while it constructs the Project. Amoroso would take the Site As -Is, Where Is, with no Guarantees or Warranties as to its suitability for any particular use. Amoroso would also explicitly agree that no other activities except construction storage would take place at the Site, including but not limited to any social events. Amoroso would secure and protect the Site during the term of the agreement; and WHEREAS, for good and valuable consideration paid by Amoroso to the City, the City and Amoroso desire to enter into a temporary and revocable license agreement for Amoroso to use the Site for a minimum of 18 months, which could be extended on a month -to -month basis. NOW, THEREFORE, the City Council of the City of San Leandro does RESOLVE as follows: 1. That the License Agreement between Amoroso and the City of San Leandro is hereby approved. 2. That the City Manager is hereby authorized and directed to execute said License City of San Leandro Page 1 Printed on 113112012