HomeMy WebLinkAbout1999-04-19 City Council (21)City of Palo Alto
City Manager’s Report
7
TO:HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: CITY MANAGER
DATE:
SUBJECT:
APRIL 19, 1999 CMR:209:99
SAND HILL ROAD WIDENING - AGREEMENTS WITH SANTA
CLARA COUNTY AND STANFORD UNIVERSITY REGARDING
CONSTRUCTION OF THE WIDENED ROADWAY
REPORT IN BRIEF
The portion of the widened Sand Hill Road from the San Francisquito Creek county line to
approximately the property line between the Oak Creek Apartments and the new Stanford
West Apartments requires a widened road fight-of-way and annexation of the additional
right-of-way to the City. It is recommended that the road widening construction be
undertaken before the processing of the annexation. To accomplish the widening,
agreements are needed with Santa Clara County and Stanford University. The County
agreement provides consent for City assumption of construction oversight and traffic
enforcement for the unincorporated portion of the fight-of-way. The Stanford agreement
memoralizes Stanford’s obligations to design and construct the widened road; assist with the
annexation of the widened fight-of-way; and provide the City with a roadway easement for
the additional fight-of-way.
CMR:209:99 Page 1 of 3
RECOMMENDATION
It is recommended that the City Council approve the attached agreements with the City of
Santa Clara and Stanford University.
BACKGROUND
On June 30, 1997, the City Council approved a series of public and private improvements
for the Sand Hill Corridor, including widening of Sand Hill Road from two lanes to four
lanes from Santa Cruz Avenue to Arboretum Road. The portion of the widened road in Santa
Clara County from the San Francisquito Creek County line to approximately the northern
edge of the Oak Creek Apartments requires widening of the Sand Hill Road right-of-way and
annexation of the additional right-of-way to the City of Palo Alto. The area to be annexed
is identified in the map attached to the agreement with Santa Clara County.
DISCUSSION
Widening of Sand Hill Road from two lanes to four lanes will span the 1999, 2000, and 2001
construction seasons. In 1999, removal of earth from the southwest side of the four lane
widened area and utility installations are the primary construction tasks.
The most appropriate time to annex to the City the widened portion of the right-of-way is
when construction is completed and a precise survey of the construction can be undertaken.
Having annexation occur at this point of the construction process means that the annexation
documents can be most accurate. To have the construction occur prior to annexation results
in either the City and County having dual plan check and construction supervision roles or
for one agency to take the lead role. In this case, since the road will become a City street,
the preferred arrangement is for the City to assume responsibility for the plan check and
construction supervision tasks. The attached agreement with Santa Clara County results in
the City assuming these responsibilities. The agreement also allows for City enforcement
of traffic regulations on the County portion of the Sand Hill Road right-of-way.
The second agreement, is between the City and Stanford University. This agreement
identifies Stanford’s construction and annexation duties. The agreement also identifies the
form of the easement that Stanford will provide the City for the widened Sand Hill Road.
ALTERNATIVES TO STAFF RECOMMENDATION
The alternatives to approval of the agreements are either to undertake the construction with
County supervision of the road construction in unincorporated Santa Clara County or for the
annexation process to be completed prior to the start of construction.
RESOURCE IMPACT
The costs associated with the widening of Sand Hill Road will be paid for by Stanford
University under the recommendation or any of the alternatives.
CMR:209:99 Page 2 of 3
POLICY IMPLICATIONS
The Sand Hill Road widening project is consistent with adopted City policy including the
Comprehensive Plan
TIMELINE
The agreement with Santa Clara County is scheduled for the April 27 Board of Supervisors
meeting. Assuming approval of the agreements, excavation of dirt from the southwest side
of Sand Hill Road will occurduring May and June 1999.
ENVIRONMENTAL REVIEW
All of the actions identified in his staff report are consistent with the Certified Sand Hill
Corridor Environmental Impact Report. No further environmental review is required.
ATTACHMENTS
Attachment 1:
Attachment 2:
Agreement between the City and Santa Clara County
Agreement between the City and Stanford University
PREPARED BY: Kenneth R. Schre~!r,! Deputy City.
CITY MANAGER APPROVAL:
ects
er
cc:Stanford University
Stanford Management Company (Bob Reidy)
City of Menlo Park (Jan Dolan)
CMR:209:99 Page 3 of 3
ATTACHMENT i
AGREEMENT DATED APRIL , 1999
BY AND BETWEEN THE COUNTY OF SANTA CLARA
AND THE CITY OF PALO ALTO RELATING TO THE
IMPROVEMENT AND MAINTENANCE OF SAND HILL ROAD
This Agreement is entered into April , 1999 by and
between the COUNTY OF SANTA CLARA, referred to as "COUNTY" and the
CITY OF PALO ALTO, referred to as ~CITY" for the improvement and
maintenance of Sand Hill Road°
RECITALS:
WHEREAS, the CITY owns, within its corporate limits, a
public street, known as Sand Hill Road; and
WHEREAS, the CITY has certified an Environmental Impact
Report for.the Sand Hill Corridor Project including the widening of
Sand Hill Road from two lanes to four lanes from Arboretum Road
west to Santa Cruz Avenue; and
WHEREAS, portions of the planned widening of Sand Hill
Road westerly of Pasteur Drive will extend outside the corporate
limits of the CITY, and into unincorporated jurisdiction of the
COUNTY; and
WHEREAS, Stanford University will construct the Sand Hill
Road widening project consistent with CITY approvals and
regulations; and
WHEREAS, the CITY has indicated its intention to annex
into the CITY the unincorporated portions of the Sand Hill Road
right-of-way as shown on Exhibit "A" attached hereto and
incorporated by reference; and
WHEREAS, it is desirable that the annexation of, the
unincorporated portion of the Sand Hill Road right-of-way most
appropriately will occur after completion of construction to ensure
the accuracy of legal descriptions; and
WHEREAS, Section 21105 of the Vehicle Code permits the
CITY’s enforcement of CITY traffic regulations on roads, or
portions of them within COUNTY jurisdiction upon the agreement of
both local agencies; and
WHEREAS, CITY has requested that COUNTY consent to CITY’s
assumption of COUNTY’s responsibilities for the supervision and
oversight of the Sand Hill Road construction activities that will
occur in COUNTY; and
990409 lac 0090129
WHEREAS, CITY has further requested that COUNTY consent
to the CITY’s enforcement of traffic regulations on the entire
portion of Sand Hill Road in Santa Clara County; and
WHEREAS, COUNTY staff has preliminarily indicated its
willingness to recommend that COUNTY’s Board of Supervisors consent
to the two (2) aforementioned requested items from CITY:
NOW, THEREFORE, the parties hereto agree as follows:
SECTION I. CONSENT
i.I COUNTY consents to CITY’s supervision and oversight
of Stanford’s construction work on Sand Hill Road. In addition,
COUNTY consents to CITY’s enforcement of CITY’s traffic regulations
on the entire portion of Sand Hill Road to be widened by Stanford.
1.2 The COUNTY hereby gives its consent to the CITY to
widen and improve, and to enforce CITY’s traffic laws and
regulations on and within Sand Hill Road, the widened portion of
which will be outside the corporate limits of CITY and within the
political jurisdiction of COUNTY. It is understood and agreed that
the construction work to be done pursuant to this agreement shall
be performed by or under contract to Stanford University.
SECTION 2.MAINTENANCE
2.1 The CITY shall be responsible for maintaining Sand
Hill Road, and specifically, that widened portion of Sand Hill Road
within the political jurisdiction of COUNTY, in a safe condition,
and in accordance with generally recognized standards for the
maintenance of CITY streets.
SECTION.3.NOTICE OF COMPLETION
3.1 CITY shall either give COUNTY written notice of the
date that all construction has been completed, or written notice
that Stanford has posted an acceptable bond or other security and
completion agreement with CITY for the work remaining to be
constructed. All notices shall be personally delivered or given by
mailing the same by registered or certified mail, postage prepaid,
addressed as follows:
Department of Planning and Development
Attn: Gary Rudholm, Secretary, ASA Committee
70 West Hedding Street
7th Floor, East Wing
San Jose, California 95510
or to such other place as COUNTY may designate by written notice.
SECTION 4. INDEMNIFICATION. CITY shall indemnify, hold
harmless, reimburse and defend COUNTY from any and all liability,
damages, loss, costs and obligations, including court costs and
reasonable attorneys’ fees, arising out of any claim, suit,
judgment, loss or expense occasioned by, but not limited to, injury
990409 lac 0090129 2
or death of any person or persons, or loss or damage to any
property, arising out of the act or omission of CITY’s officers,
agents, employees, invitees or con£ractors or the alleged dangerous
condition of the road.
SECTION 5. NO COST TO coUNTY. The work to be done
pursuant to this agreement, including traffic enforcement,
construction and the continuing maintenance of Sand Hill Road,
shall be done at no cost to the COUNTY.
SECTION 6. ENTIRE AGREEMENT. This agreement to which it
corresponds, constitutes the entire agreement by and between the
parties relative to the improvement and maintenance of Sand Hill
Road. Any other prior or contemporaneous ora! or written
agreements by and between the parties or their agents or
representatives relative to such construction are revoked and
extinguished.
IN WITNESS WHEREOF, COUNTY and CITY have executed this
Agreement as follows:
COUNTY CITY
Chairperson, Board of Supervisors
County of Santa Clara
Mayor
City of Palo Alto
ATTEST:ATTEST:
Clerk, Board of Supervisors City Clerk, City of Palo Alto
APPROVED AS TO FORM AND
LEGALITY:
APPROVED AS TO FORM:
Deputy County Counsel Senior Assistant City Attorney
990409 lac 0090129 3
EXHIBIT A
I
ATTACHMENT ~ 2
AGREEMENT
BETWEEN THE CITY OF PALO ALTO AND THE BOARD OF
TRUSTEES OF THE LELAND STANFORD JUNIOR
UNIVERSITY REGARDING THE IMPROVEMENT OF SAND
HILL ROAD BETWEEN THE SAN FRAN~ CISQUITO CREEK
BRIDGE AND PASTEUR ROAD AND PROVIDING FOR THE
MAINTENANCE THEREOF
THIS AGREEMENT, made and entered into on the __ day of
, 1999, by and between the City of Palo Alto, a
municipal corporation of the State of California ("City") and the
Board of Trustees of the Leland Stanford Junior University, a body
having corporate powers under the laws of the State of California
("Stanford").
RECITALS:
A. Stanford University and the City of Palo Alto have
entered into a Development Agreement, dated August 14, 1997,
recorded December 3, 1997, in the records of Santa Clara County as
document 13962429, [approved on July 14, ’1997, by Ordinance 4433]
(the "Development Agreement") for a series of improvements known as
the Sand Hill Corridor Projects.
B. One aspect of the approved Sand Hill Corridor
Projects is the widening of Sand Hill Road from two lanes to four
lanes from Arboretum Road west to Santa Cruz Avenue ("the Widening
Project").
C. Most of the approved Sand Hill Road widening project
from Pasteur Drive west to, the San Francisquito Creek Bridge
involves land within the City of Palo Alto but a portion of the
Widening Project is located in unincorporated Santa Clara County
and is identified in Exhibit ~A", attached hereto and incorporated
by reference.
D. Sand HiIl Road is operated and maintained by the
City. City’s property interest in Sand Hill Road is in the form of
roadway easements granted to the City by Stanford. Stanford will
grant an additional roadway easement to the City for the portion of
Sand Hill Road added by the Widening Project.
E. Stanford and the City will request annexation of the
unincorporated Santa Clara County portion of the widened Sand Hill
Road upon completion of the Widening Project.
F. Stanford has requested that the City assume
responsibility for overseeing the Widening Project. In order to
fulfil! that request, the City must enter into an agreement with
the County and obtain the County’s consent. City is willing to
agree to Stanford’s request in consideration of the terms and
conditions hereinafter set forth;
990409 lac 0090130
1
follows:
NOW, THEREFORE, the parties hereto do hereby agree as
I. County Agreement. The City hereby agrees to seek
the consent of the County to City’s assumption of responsibility
for the Widening Project, and to enter into an agreement with the
County to that effect. To this end, the City has negotiated an
agreement with County staff (the "County Agreement") in the form
set forth in Exhibit "A". The County Agreement is currently
scheduled for approval by the County’s Board of Supervisors on
April 27, 1999.
2. The Widening Project. Stanford, at its sole cost
and expense, shall design, construct and complete the Widening
Project, to the reasonable satisfaction of the City. City shall,
at Stanford’s expense and consistent with the Development
Agreement, inspect the road widening work.
3. Annexation. During construction of the Widening
Project, Stanford and the City shall cooperatively initiate
proceedings to annex the entire unincorporated portion of Sand Hill
Road added by the Widening Project to the City. Stanford shall pay
all fees and engineering and surveying costs required for the
annexation process and work cooperatively with the City to complete
the annexation.
4. Easement. Upon completion of the Widening Project,
and as a condition to acceptance of the project by City, Stanford
shall grant to City a roadway easement for that portion of Sand
Hill Road added by the Widening Project. The easement shall be in
substantially the form attached hereto as Exhibit "B".
5. Completion of the Widening Project. Stanford shall
complete the Widening Project consistent with the Development
Agreement including subsequent City design review and
administrative approvals. City shall notify the County of
completion of the Widening Project when the Widening Project is
ready for City acceptance.
6. Hold Harmless.. Pursuant to Section 15 of the
August 14, 1997 Development Agreement, Stanford agrees to and shall
hold City, its officers, agents, employees and representatives,
harmless and shall defend and indemnify City, its officers, agents,
employees and representatives from liability for damage or claims
for damage for personal injury, including death, and claims for
property damage which may arise from the operations of Stanford, or
its contractors, subcontractors, agents, employees or other persons
acting on its behalf with regard to the Widening Project. This
hold harmless Section applies to all damages and claims for damages
suffered or alleged to have been suffered by reason of the
operations referred to in this Agreement, regardless of whether or
not City prepared, supplied or approved plans or specifications or
both.
990~09 lac 0090130
2
In addition to the foregoing, Stanford agrees to pay all
costs, expenses, resultant charges, and damages, including but not
limited to attorney’s fees, incurred by or imposed upon City as a
result of any litigation attacking this Agreement or any aspect of
the Project.
City agrees to and shall hold Stanford, its officers,
agents, employees and representatives, harmless and shall defend
and indemnify Stanford from liability for damages or claims arising
out of the wrongful or negligent acts of City in the performance of
its obligations under this Agreement, provided, however, that
nothing in this paragraph shall be construed to allow damages
against City for breach of this Agreement or as otherwise limited
by Section 12 of the Development Agreement.
In the event a claim is filed with either party for which
indemnification is claimed under this paragraph, the party seeking
indemnification shall give notice to the indemnifying party of the
full particulars of the claim promptly after learning of same. The
party seeking indemnification shall not settle such a claim after
a demand for indemnification has been made without the consent of
the indemnifying party, which consent shall not be unreasonably
withheld.
.7. Time of Approval.If the County Board of
Supervisors has not approved the County Agreement by June 30, 1999,
this agreement shall terminate.
8. Term of Agreement. This Agreement shall commence as
of the date it is entered into and shal! continue until June 30,
2002 unless earlier terminated by mutual agreement of the paZties.
9. Entire Agreement. This agreement constitutes the
entire agreement between the parties hereto with respect to the
matters referred to herein and shall not be modified or amended
except in awriting duly executed by the parties hereto.
i0. No~ices. All notices required or provided for under
this Agreement shall be in writing and shall be delivered
personally or by overnight courier service or sent by certified or
registered mail, return receipt requested. Any notice given by:
(i) personal delivery, (ii) recognized overnight national courier
service, or (iii) registered or certified mail, return receipt
requested, shall be deemed to have been duly given and received
upon receipt. Notices to the parties shall be addressed as
follows:
City:City Manager
City of Palo Alto
250 Hamilton Avenue
Palo Alto, California 94301
990409 lac 0090130
With a copy to:
C’ity Attorney
City of Palo Alto
250 Hamilton Avenue
Palo Alto, California 94301
Stanford:
Stanford Management Company
2770 Sand Hill Road
Menlo Park, California 94025
With a copy to:
Office of the General Counsel
Stanford University
105 Encina Hall
Stanford, California 94305
Any notice so delivered shall be effective upon the date of
personal delivery or, in the case of mailing, on the date of
delivery as shown on the.U. So Postal Service return receipt. Any
//
//
//
//
//
//
//
//
//
//
//
//
//
//
//
990409 lac 0090130
4
party may change its address for notice by giving ten (i0) days’
notice of such change in the manner provided for in this paragraph.
IN WITNESS WHEREOF, CITY and STANFORD have executed this
Agreement on the day and year written above.
THE CITY OF PALO ALTO, a
municipal corporation of the
State of California
By:
Gary Fazzino, Mayor
ATTEST:
THE BOARD OF TRUSTEES OF THE
LELAND STANFORD JUNIOR
UNIVERSITY, a body having
corporate powers under the laws
of the State of California
BY:~~’s-~-~h _
Type Name: C~°cis~~]
Its: Executive Vice President Real Estate
City Clerk
APPROVED AS TO FORM:
Senior Asst. City Attorney
APPROVED:
City Manager
Director of Public Works
Attachments:Exhibit "A" (County Agreement form)
Exhibit "B" (Easement form)
990409 lac 0090130
CERTIFICATE OF ACKNOWLEDGEMENT
(Civil Code § 1189)
On April 13 , 1999, before me,
a Notary Public in and for said County and State, personally
~ppearedxxxxxxxxxCurtis Feeny>Dooc~ooooc<xxxxx, personally known to me
or proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature of Notary Public
EXHIBIT A
AGREEMENT DATED APRIL , 1999
BY AND BETWEEN THE COUNTY OF SANTA CLARA
AND THE CITY OF PALO ALTO RELATING TO THE
IMPROVEMENT AND MAINTENANCE OF SAND HILL ROAD
This Agreement is entered into April , 1999 by and
between the COUNTY OF SANTA CLARA, referred to as "COUNTY" and the
CITY OF PALO ALTO, referred to as "CITY" for the improvement and
maintenance of Sand Hill Road.
RECITALS:
WHEREAS, the CITY owns, within its corporate limits, a
public street, known as Sand Hill Road; and
WHEREAS, the CITY has certified an Environmental Impact
Report for the Sand Hill Corridor Project including the widening of
Sand Hill Road from two lanes to four lanes from Arboretum Road
west to Santa Cruz Avenue; and
WHEREAS, portions of the planned widening of Sand Hill
Road westerly of Pasteur Drive will extend outside the corporate
limits of the CITY, and into unincorporated jurisdiction of the
COUNTY;~and
WHEREAS, Stanford University will construct the Sand Hill
Road widening project consistent with CITY approvals and
regulations; and
WHEREAS, the CITY has indicated its intention to annex
into the CITY the unincorporated portions of the Sand Hill Road
right-of-way as shown on Exhibit "A" attached hereto and
incorporated by reference; and
WHEREAS, it is desirable that the annexation of the
unincorporated portion of the Sand Hill Road right-of-way most
appropriately will occur after completion of construction to ensure
the accuracy of legal descriptions; and
WHEREAS, Section 21105 of the Vehicle Code permits the
CITY’s enforcement of CITY traffic regulations on roads, or
portions of them within COUNTY jurisdiction upon the agreement of
both local agencies; and
WHEREAS, CITY has requested that COUNTY consent to CITY’s
assumption of COUNTY’s responsibilities for the supervision and
oversight of the Sand Hill Road construction activities that will
occur in COUNTY; and
990409 lac 0090129 1
WHEREAS, CITY has further requested that COUNTY consent
to the CITY’s enforcement of traffic regulations on the entire
portion of Sand Hill Road in Santa Clara County; and
WHEREAS, COUNTY staff has preliminarily indicated its
willingness to recommend that COUNTY’s Board of Supervisors consent
to the two (2) aforementioned requested items from CITY:
NOW, THEREFORE, the parties hereto agree as follows:
SECTION I. CONSENT-
I.i COUNTY consents to CITY’s supervision and oversight
of Stanford’s construction work on Sand Hill Road. In addition,
COUNTY consents to CITY’s enforcement of CITY’s traffic regulations
on the entire portion of Sand Hill Road to be widened bY Stanford.
1.2 The COUNTY hereby gives its consent to the CITY to
widen and improve, and to enforce CITY’s traffic laws and
regulations on and within Sand Hil! Road, the widened portion of
which will be outside the corporate limits of CITY and within the
political jurisdiction of COUNTY. It is understood and agreed that
the construction work to be done pursuant to this agreement shall
be performed by or under contract t~o Stanford University.
SECTION 2. MAINTENANCE
2.1 The CITY shall be responsible for maintaining Sand
Hill Road, and specifically, that widened portion of Sand Hill Road
within the political jurisdiction of COUNTY, in a safe condition,
and in accordance with generally recognized standards for the
maintenance of CITY streets.
SECTION 3.NOTICE OF COMPLETION
3.1 CITY shall either give COUNTY written notice of the
date that all construction has been completed, or written notice
that Stanford has posted an acceptable bond or other security and
completion agreement with CITY for the work remaining to be
constructed. All notices shall be personally delivered or given by
mailing the same by registered or certified mail, postage prepaid,
addressed as follows:
Department of Planning and Development
Attn: Gary Rudholm, Secretary, ASA Committee
70 West Hedding Street
7th Floor, East Wing
San Jose, California 95510
or to such other place as COUNTY may designate by written notice.
SECTION 4. INDEMNIFICATION. CITY shall indemnify, hold
harmless, reimburse and defend COUNTY from any and all liability,
damages, loss, costs and obligations, includingcourt costs and
reasonable attorneys’ fees, arising out of any claim, suit,
judgment, loss or expense occasioned by, but not limited to, injury
990409 lac 0090129 2
or death~ of any person or persons, or loss or damage to any
property, arising out of the act or omission of CITY’s officers,
’agents, employees, invitees or contractors or the alleged dangerous
condition of the road.
SECTION 5. NO COST TO COUNTY. The work to be done
pursuant to this agreement, including traffic enforcement,
construction and the continuing maintenance of Sand Hill Road,
shall be done at no cost to the. COUNTY.
SECTION 6 ENTIRE AGREEMENT. This agreement to which it
corresponds, constitutes the entire agreement by and between the
parties relative to the improvement and maintenance of Sand Hill
Road. Any other prior or contemporaneous oral or written
agreements by and between the parties or their agents or
representatives relative to such construction are revoked and
extinguished.
IN WITNESS WHEREOF, COUNTY and CITY have executed this
Agreement as follows:
COUNTY CITY
Chairperson, Board of Supervisors
County of Santa Clara
Mayor
City of Palo Alto
ATTEST:ATTEST:
Clerk, Board of Supervisors City Clerk, City of Palo Alto
APPROVED AS TO FORM AND
LEGALITY:
APPROVED AS TO FORM:
Deputy County Counsel Senior Assistant City Attorney
990409 lac 0090129
m
i
EXHIBIT A
EXHIBIT B
This document is recorded
for the benefit of the City
of Palo Alto and is entitled
to be recorded free of charge
in accordance with Section 6103
of the Government Code..
After Recordation, mail to:
REAL ESTATE DIVISION
250 Hamilton Avenue
Palo Alto, CA 94301
EASEMENT
THIS GRANT OF EASEMENT and agreement is made and entered
into as of by and between THE BOARD OF TRUSTEES OF THE
LELAND STANFORD JUNIO~ UNIVERSITY, a body having corporate powers
under the laws of the State of California ("Grantor") and THE CITY
OF PALO ALTO ("Grantee").
W I T N E S S E T H:
I. For valuable consideration, receipt of which is
hereby acknowledged, Grantor does hereby grant and convey unto
Grantee, its successors and assigns an easement for street and
roadway purposes (the "Easement") over and across the parcels of
the lands of Grantor situated in the County of Santa Clara, State
of California and more particularly described in Exhibit A attached
hereto and incorporated herein by this reference (the "Easement
parcels"). The Easement includes a non-exclusive right to install,
maintain and operate over, across and under the aforesaid parcels
of property pipes, poles conduits, wire and appurtenant facilities
necessary or useful in the transmission, distribution and
furnishing of electricity, gas, water, telephone,
telecommunications and other public utility services (collectively
"utility facilities"); provided, however, that any facilities
installed by Grantee pursuant to this grant shall not interfere
with or impede the use of any property or facilities of Grantor.
2. Grantor shall not be responsible nor have any
liability for any inspection, maintenance or repair of the Easement
parcels or any improvements thereon except as provided in separate
written agreements between Grantor and Grantee for maintenance.
3. Grantor reserves the right to install and maintain
private utility, facilities, including pipes, poles, wire, conduits
and appurtenant facilities on the Easement parcels, subject to
compliance with all applicable governmental requirements, including
obtaining necessary permits and approvals, and paying required
fees, and provided that Grantor shall not interfere with or impede
the use of any property or facilities of Grantee.
990409 lac 0090141
4. Upon non-use of the Easement for the purposes
described in Paragraph 1 over and across any or all of the Easement
parcels for a period of two consecutive years, all right, title and
interest of Grantee, its successors and assigns, in and to this
Easement over and across the parcel or parcels not so used shall
revert to Grantor, its successors an~ assigns; provided that
Grantor shall give Grantee written notice that, due to non-use, .the
Easement or portion .thereof will terminate pursuant to this
Paragraph 4 on a date not less than one hundred twenty (120) days
after the date of the notice. Grantee may dispute the termination
of the Easement or portion thereof by written notice to Grantor
given prior to the termination date specified in Grantor’s notice.
If the parties are unable to resolve such dispute, the issue may be
resolved by a court having jurisdiction.
5. Grantee shall indemnify and save harmless Grantor
from and against any and all loss, damage, liability, expense,
claim or demand or whateverso character, direct or consequential,
including, but without thereby limiting the generality of the
foregoing, injuries to persons and damage to property arising out
of the exercise by’Grantee of any right granted hereunder.
6. All notices required or provided for under this
Easement shall be in writing and shal! be delivered personally or
by overnight courier service or sent by certified or registered
mail, return receipt requested. Any notice given by: (i) personal
delivery, (ii) recognized overnight national courier service, or
(iii) registered or certified mail, return receipt requested, shall
be deemed to have been duly given and received upon receipt.
Notices to the parties shall be addressed as follows:
City:City Manager
City of Palo Alto
250 Hamilton Avenue
Palo Alto, California 94301
With a copy to:
City Attorney
City of Palo Alto
250 Hamilton Avenue
Palo Alto, California 94301
990409 lac 0090141
Stanford:
Stanford Management Company
2770 Sand Hill Road
Menlo Park, California 94025
With a copy to:
Office of the General Counsel
Stanford University
105 Encina.Hall
Stanford, California 94305
Any notice so delivered shall be effective upon the date of
personal delivery or, in the case of mailing, on the date of
delivery as shown on the U. S. Postal Service return receipt. Any
party may change its address for notice by giving ten (I0) days’
notice of such change in the manner provided for in this paragraph.
7. By execution of this instrument the City of Palo Alto
accepts the dedication of this Easement and agrees to the terms
thereof.
IN WITNESS WHEREOF, the parties hereto have executed this
instrument by proper persons thereunto duly authorized as of the
day and year first above written.
GRANTOR:
THE BOARD OF TRUSTEES OF THE
LELAND STANFORD JUNIOR
UNIVERSITY, a body having corporate
powers under the laws of the State
of California
By:
Its:
By:
Its:
GRA!~TEE:
THE CITY OF PALO ALTO
By:
Type Name:
Its: City Manager
APPROVED AS TO FORM:
Its:
990409 lac 009014|
3
EXHIBIT A
EASEMENT MAP
To be prepared when construction is complete and prior to
recordation.
990409 lac 0090141