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HomeMy WebLinkAboutRESO 5765• r • • • ORIGINAL RESOLUTION NO. 5765 RESOLU'l'ION OF THE COUNCIL OF THE CITY OF PALO ALTO Pu"'1ENDING Th~ PALO ALTO COMPREHEt~SIVE PLAN The Council of the City of Palo Alto does RESOLVE as follows: SECTION 1. The Council finds that changed conditions and the public interest, health, safety and welfare require an amendment to the Lantl Use Map of the Palo Alto Comprehensive Plan as follows: a. The land use designation c-the property at 1259 Pine Street is changed from Public Fark to Single Family Res i den ti al as shown. on attached Exhibit "l\ • " SECTION 2. The adoption of this resolution will not have any significant adverse environmental impact. INTROD~CED AND PASSED: January 21 , 1980 AYES: Brenner, Eyerly, Fazz;no, Fletcher, Henderson, Levy, Renzel, Sher, Witherspoon NOES: None ABSTENTIONS: None ABSENT: -None APPROVED: • CITY L tBRAP.Y A';=tt..EA OF t==-~ot=-oset> CHANGE. OF= CoM~~HEN.SIVE. ~A.N LAN~ USE t::.E.5\GNAT\O~ ~OM ~UF!.L\C. ~t=t.K To s1NGLE FA!v\\LY ~aen:::.E.NTlAL 400 12.-C0-79 • • --- - PARCEL 1 • PAP(CE L. 2 LEG&NO .., ( A ~ i \ .... ______ ,.. ______________________________ .,..__, ______________ ... ______ ,..... ~ '111.D--.. HM DAft ~­z a-""D ,_ l 2 3 4 5 6 7 8 9 lO ll 12 l.3 14 15 16 17 18 19 20 2l 22 23 2"- 25 4cDB02 SECTION II CITY AGREES: (1) To deposit with STATE within 25 days of receipt of billing therefor (which billing will be forwarded immediately following STATE's bid advertising date of a construction contract for PROJECT), the lump sum amount of $87,000, which figure represents CITY's total participation towards the construction cost of the PROJECT. In no event shall CITY's total obligation for construction cost unde~ this Agreement exceed the amount of $87,000. (2) To reimburse STATE for CITY 1 s proportionate share of the cost of maintenance and operation of said traffic control signal system and safety lighting, such share to be an amount equal to 50 percent of the total maintenance and operation cost. (3) The construction cost referred to herein shall include the cost of STATE-furnished traffic control equipment and the cost of all other STATE-furnished materials, if any .. SECTION III IT IS MUTUALLY AGREED AS FOLLOWS: (1) All obligations of STATE under the terms of this Agreement are subject to the allocation of resources by the Legislature and the California Transportation Commission. -3- l 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 l8 19 20 21 22 23 24 25 4cDBo2 (2) STATE shall not award a contract for the work nntil after receipt of CITY's deposit required in Section Il(l). (3) Neither STATE nor any officer or employee - thereof shall be responsible for any damagt~ or ·liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is also agreed that~ pursuant to Government Code Section 895.4, CITY ·shall fully indemnify and hold STATE ha.rmless fr".>m any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done er orni.tted to be done by CITY under or in connection with any work, author~ty or I jurisdiction delegated to CITY under this Agreement. (4) Neither CITY nor any officer or employee thereof, is responsible for any damage or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction not delegated to CITY under this Agreement. It is also agreed that pursuant tn Government Code Section 895.4, STATE shall fully indemnify and hold CITY harmless from any liability imposed for injury (as defined by Government code Section 810.8) occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction not delegated to CITY under this Agreement. -4- i l 2 3 ~ ~ 5 6 7 8 9 10 ll 12 l; ~ 15 ~ 17 18 19 20 21 22 ~ 24 25 4cD802 (5) Should any portion of the PROJECT b~ financed with Federal funds or State gas tax funds all applicable procedures and policies relating to the use of such funds shall apply notwithstanding other provisiorts of this Agreement. (6) The cost of any engineering or maintenance referred to herein shall include all direct and indi!ect costs (functional and administrative overhead assessment) attributable to such work, applied in accordance with STATE-s standard accounting procedures. (7) P~lor to advertising for bids for the PROJECT, CITY may terminate this Agreement in writing, provided that CITY pays STATE for all costs incurred by STATEw (8) In the construction of said work, STATE will furnish a representative to perform the usual functions of a Resident Engineer, and CITY may, at no cost to STATE, furnish a represent~tive, if it so desires; said representative and Resident Engineer will cooperate and consult with each other, but the decisions of STATE's engineer shall prevail. (9) The execution of this Agreement by CITY grant io STATE the right to enter CITY-owned lands to construct the P~OJECT referred to herein. (10) Upon completion of all work under this Agreement, ownership and title to all materials, equipment and appurtenances installed will be vested in the STATE and no further Agreement will be necessary to transfer ownership to the -s- I , l 2 3 4 5 6 7 8 9 10 l.i. 12 13 14 15 l.6 17 J.8 19 20 21 22 23 24 25 4co802 STATE .. . -:.. (11) If existing public and private utilities conflict with the construction of the PROJECT, STATE will make all necessary arrangements with the owners of such utilities for their removal or relocation. STATE will inspect the removal or relocation of such utilities. If there are no existing provisions for removal or relocation of utilities between CITY and/or STATE and the owners of the utilitiesr STATE will bear the cost of any ' removal or relocation. (12) Cll'Y is hereby designated as the Lea~ Agency I for PROJECT; and STATE is hereby designated as the nesponsible Agency for PROJECT~ STATE OF CALIFORNIA Department of Transportation ADRIANA GIANTURCO Director of Transportation Transportation District 4 T. R. LAMMERS District Director By .,,._~~------------.---~-Deputy D1str1ct Director CITY OF PALO ALTO APPROVED AS TO FOP..M 7-:r~EDUREi . . ~l-~ :t:YA.ttorne -6-