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In addition to the delegation of authority set forth in Sections 4.112, 4.113, 4.114, 4.115, and B3.581 of the Charter and by Section 2A.173 of this Code, (i) pursuant to Charter Section 4.113, the Recreation and Parks Commission shall have the power to Lease Real Property under its jurisdiction subject to approval by the Board of Supervisors as required by Charter Section 9.118 and any other applicable provision of the Charter or this Code, and (ii) pursuant to Charter Section 4.112, the Public Utilities Commission shall have exclusive power to Lease Real Property under its jurisdiction, subject to approval by the Board of Supervisors as required by Charter Section 9.118 and any other applicable provision of the Charter or this Code.
(Added by Ord. 15-01, File No. 001965, App. 2/2/2001)
(Former Sec. 23.35 redesignated as Sec. 23.55 and amended by Ord. 15-01, File No. 001965, App. 2/2/2001)
The Real Estate Department is authorized and directed to collect all rents due under Leases of City-owned Real Property, except as otherwise provided in the Charter or this Code. All moneys received by the Real Estate Department in payment of rents shall be deposited in the proper funds to the credit of the various departments having control of the City-owned Leased Real Property.
(Added by Ord. 15-01, File No. 001965, App. 2/2/2001)
(Former Sec. 23.37 redesignated as Sec. 23.56 and amended by Ord. 15-01, File No. 001965, App. 2/2/2001)
All agreements permitting the use for private gain Real Property situated in the City and County of San Francisco and owned by the City, including any agency thereof, shall contain a clear and unequivocal understanding that a possessory interest subject to taxation may be created and that the party with the right to use such Real Property shall pay any and all possessory interest taxes levied upon his or her interest therein pursuant to an assessment made by the Assessor. However, the Board of Supervisors may by resolution specifically authorize and approve to be included in such agreement a provision for the City's assumption of the payment of such possessory interest taxes, in whole or in part, or for an offset against revenues otherwise due and payable to the City under such agreement in an amount equal to all or a portion of such possessory interest taxes.
Such agreement shall also provide that the holder of such interest shall, upon request, furnish the information required in Section 23.39 of this Code to the City within 30 days of any transaction that is subject to the reporting requirements of such Section.
Within 60 days after execution of an agreement pertaining to the use of City Real Property as described above, the agency executing such agreement on behalf of the City shall forward or cause the holder of such interest to forward, a copy of the agreement to the Assessor of the City and County of San Francisco, as required in Section 23.39 below.
As used in this section and in Section 23.39 below, the term "agreement" shall mean any written contract, instrument or other document permitting the possession, occupancy or use of City Real Property including, but not limited to, Leases, concession agreements, franchise agreements and management agreements.
(Added by Ord. 15-01, File No. 001965, App. 2/2/2001)
In accordance with Revenue and Taxation Code Section 480.5, every owner of tax-exempt Real Property shall report to the assessor of the City and County of San Francisco the creation, renewal, extension, assignment, sublease or other transfer of any interest granted under an agreement to use such Real Property, within 60 day of the transaction. The report shall be on such form as the Assessor may prescribe and shall include, at a minimum, all of the following:
(a) The name and address of the owner.
(b) The names and addresses of all other parties to the transaction, including an identification of each party and of his or her interest under the agreement.
(c) The type of transaction, whether creation, renewal, extension, sublease, assignment, transfer or otherwise.
(d) A description of the Real Property, which is the subject of the agreement.
(e) The effective date of the transaction.
(f) A summary of the essential terms of the transaction, including, but not limited to, all of the following:
(1) The consideration for the interest, whether paid in money or otherwise.
(2) The term of the agreement, including any renewal or extension option.
(3) If a sublease or other agreement subject to an underlying agreement, the original terms, remaining term and consideration paid for the master lease or other master agreement.
(4) If an assignment or other transfer, the original term, remaining term, and the consideration paid for the underlying Lease or agreement.
(Added by Ord. 15-01, File No. 001965, App. 2/2/2001)
(a) Whenever lands that are or shall be used or intended for use for parks or squares are no longer needed for park or recreational purposes, the City may dispose of such lands or may abandon or discontinue their use for park purposes, provided that nothing herein shall be construed to authorize the discontinuance or abandonment of the use of such lands, or any change in the use thereof that will cause the reversion of such lands to private ownership, or cause the forfeiture of the ownership thereof in fee by the City, or to authorize the discontinuance of the use of park lands acquired in any proceeding wherein a local assessment based on benefits was or shall be levied to provide funds for such acquisition; and provided further that the general laws of the State of California authorizing municipal corporations to abandon or to discontinue the use of land for park purposes, authorizing the disposition of such lands, and providing procedures therefor and for matters relating thereto, shall be applicable to the City and to all lands held or used by it for park purposes and shall govern and control exclusively in respect thereto. For the purposes of this subsection, all lands, including but not limited to, playgrounds, athletic facilities, and lands purchased with open space acquisition and park renovation funds, but excluding the Great Highway, the land described in Subsection (b) below, and lands administered by the Recreation and Park Department pursuant to agreements with other City departments or entities, placed under the jurisdiction of the Recreation and Park Department shall be deemed used or intended for use for park purposes.
(b) Upon approval by the Recreation and Park Commission, that parcel of land south of the Zoo and between the Great Highway Extension and Skyline Boulevard set forth and described in parcel map entitled "Parcel Map Showing Certain Park Land Proposed to be Used Jointly," recorded August 12, 1975 in Parcel Map Book Number One at page 96 in the office of the Recorder of the City and County of San Francisco, may be used for the construction of water quality and sewerage facilities, and any facilities so constructed shall be under the control, management, and direction of the Department of Public Works. Any recreation or zoo facilities constructed on said parcel shall remain under the control, management, and direction of the Recreation and Park Commission.
(Added as Sec. 23.25-2 by Ord. 439-96, App. 11/8/96; redesignated and amended by Ord. 15-01, File No. 001965, App. 2/2/2001)
(a) Upon approval by the Recreation and Park Commission, the Board of Supervisors may by resolution authorize transfer by deed to the National Park Service of the United States Department of the Interior for inclusion in the Golden Gate National Recreation Area as presently defined and delimited by Public Law 92-589, 86 Stat. 1299, of any interest which the City has in lands restricted to use for recreation or park purposes or otherwise under the exclusive control, management or direction of the Recreation and Park Commission, except the premises and grounds of the Palace of the Legion of Honor and Lincoln Park Golf Course, provided that such deed shall be executed under the restriction that the transferred lands be reserved in perpetuity for recreation or park purposes by the National Park Service of the United States Department of the Interior and shall grant the City a power of termination upon a breach of such restriction, and provided further that said transfer shall be executed under such conditions and restrictions as shall prevent the reversion of any portion of such lands to any person or entity other than the City.
(b) Upon approval of the officer, board or commission in charge of the department responsible for the administration of any interest which the City has in Real Property not referred to in Subsection (a), the Board of Supervisors may by resolution authorize transfer of such interest by deed to the National Park Service of the United States Department of the Interior for inclusion in the Golden Gate National Recreation Area as presently defined and delimited by Public Law 92-589, 86 Stat. 1299, provided that said deed shall be executed under the restriction that said lands be reserved by the National Park Service of the United States Department of the Interior in perpetuity for recreation or park purposes with a power of termination upon breach of said restriction, and provided further that said transfer shall be executed under such conditions and restrictions as shall prevent the reversion of any portion of said lands to any person or entity other than the City.
(Added as Sec. 23.25-3 by Ord. 439-96, App. 11/8/96; redesignated and amended by Ord. 15-01, File No. 001965, App. 2/2/2001)
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