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:
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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
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PARCEL 1 •
PAP(CE L. 2
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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.
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(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.
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(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
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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
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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
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