HomeMy WebLinkAbout1999-05-25 City CouncilCity
City of Palo Alto
Manager’s Report
2
TO:HONORABLE CITY COUNCIL
FROM:
DATE:
SUBJECT:
CITY MANAGER DEPARTMENT: CITY MANAGER
MAY 24, 1999 CMR: 234:99
APPROVAL OF SAND HILL CORRIDOR FINAL SUBDIVISION
MAP, SUBDIVISION AND BELOW MARKET RATE HOUSING
AGREEMENT, MAINTENANCE AGREEMENT, AND AN
AGREEMENT AND DECLARATION OF COVENANT AND
RESTRICTIONS REGARDING OPEN SPACE FOR A PORTION OF
THE STANFORD WEST APARTMENTS SITE
REPORT IN BRIEF
The 1997 City Council approval of Stanford’s Sand Hill Corridor projects included approval
of a Tentative Subdivision Map and numerous mitigation measures and conditions. The
Tentative Subdivision Map was conditioned on future approval of a Subdivision Agreement
and Maintenance Agreement. This report reviews and recommends approval of the Final
Subdivision Map, which conforms to the Tentative Map, and related Subdivision and
Maintenance Agreements, and an Agreement and Declaration of Covenant and Restrictions..
The Subdivision and Below Market Rate Housing Agreement identifies responsibilities for
completion of Tentative Map conditions of approval that will not be implemented prior to
Final Map approval and the below market rate housing requirement approved in 1997. The
Maintenance Agreement establishes Stanford’s responsibilities for maintaining public
infrastructure including the streets on the Stanford West Apartment site. The Covenant and
Restrictions implements a condition of approval of the Tentative Map requiring open space
protection for the area between the Apartment structures and the Creek.
CMR:234:99 Page 1 of 7
RECOMMENDATION
It is recommended that the City Council approve the Final Subdivision Map for the Sand
Hill Corridor parcels and the related Subdivision and Below Market Rate Housing
Agreement Maintenance Agreements, and Agreement and Declaration of Covenant and
Restrictions.
BACKGROUND
On June 30, 1997, the City Council concluded an intensive and extensive review process for
a series of developments in the Sand Hill Corridor. The Council’s approvals included a
Tentative Subdivision Map for a seven lot land division covering the future Stanford West
Apartments (3 lots), Stanford Senior Housing (2 lots) and the Children’s Health Council and
Ronald McDonald House sites. The Council’s approvals included a significant number of
mitigation measures and other conditions of approval. The Council’s approvals were
subsequently approved by the Palo Alto voters in the November 1997 City election.
The Tentative Subdivision Map was subject to 13 conditions of approval (Attachment I). In
addition, a number of conditions of approval for the Apartments and Senior Housing projects
have ramifications for the Subdivision Map. Approval of the Final Subdivision Map is a
prerequisite for the issuance of building permits for the Apartments and Senior Housing
projects and construction of the Sand Hill Road widening and extension.
Under State law, the tentative map review is the critical discretionary City review. A
property owner submitting a final map consistent with an approved tentative map is entitled
to approval. Local jurisdictions do not have the discretion to apply new conditions of
approval at the final map stage of the development process.
DISCUSSION -
Final Map
The Final Map (Attachment V), consistent with the approved Tentative Map, creates seven
parcels in the area between Sand Hill Road and San Francisquito Creek. The area to be
subdivided is bordered on the south by the Oak Creek Apartments and on the north by the
land that extends from the Ronald McDonald House parcel (Lot 7) to E1 Camino Real. The
subdivision divides the Stanford West Apartment site into three parcels (Lots 1, 2 and 3) and
the Stanford Senior Housing site into two parcels (Lots 5 and 6). Lot 4 is the modified
Children’s Health Council site and Lot 7 is the Ronald McDonald House site.
At the present time, the Children’s Health Council (CHC) site is a leasehold but not a land
parcel. The 1997 Sand Hill Corridor approvals included creation of a CHC parcel that, by
design, modified the CHC parking lot. A portion of the existing CHC parking lot will
become part of the Senior Housing site (and Lot 5) and the CHC’s parking lot will be
extended to the southwest. Tentative Map Lot 4, the CHC parcel, contains slightly less space
than needed to accommodate the reconfigured and slightly expanded CHC parking lot. State
CMR:234:99 Page 2 of 7
law allows for minor adjustments of property lines between the Tentative and Final Map
approvals so long as the adjustment is insubstantial. The attached Final Map adds
approximately 6400 square feet (0.1473 acres) to Lot 4. This area, which has been removed
from Lot 3 of the Apartment site would have been part of the land designated for open space
under the provisions of Tentative Map Condition of Approval 3. The area shifted to Lot 4
is less than one percent of the Stanford West Apartments Site’s open space area. Senior
Housing Project Condition of Approval 18 requires that the modified CHC parking lot
receive Architectural Review Board (ARB) approval and modification of the CHC’s Use
Permit. These actions will be considered by the ARB and Zoning Administration later in
1999.
Tentative Map Condition of Approval 3 requires that, "The open space area between the
Creek and the apartment buildings on the apartment site shall be shown on the final map and
shall be protected from furore development in a manner acceptable to the City Attorney, ..."
The Final Map identifies these protected areas on Lots 1, 2 and 3 and references a separate
Agreement and Declaration of Covenant and Restrictions (i.e.~ Open Space Covenant
Attachment IV). Consistent with Council discussion during the Sand Hill Corridor review
process, the Open Space Covenant expires if and when the Apartment buildings are
demolished.
The Final Map includes Public Access Easements (PAE) and Public Recreation Access
Easements (PRAE). The PRAE is applied to the recreational trail along the Creek at the rear
of the Apartment and Senior Housing sites. The Final Map (Owner’s Statement on Cover
Sheet) notes that these trails are for pedestrian and bicycle use during daylight hours.
Consistent with Senior Housing Condition of Approval 7, the PRAE on the edge of Lot 6
adjacent to Lot 7 will be modified once the final design of the Senior Housing site receives
ARB approval.
Public Access Easements apply to the streets that are part of the Stanford West Apartment
development, the bicycle paths connecting to the bicycle bridge over San Francisquito Creek
and the bicycle path in close proximity to Sand Hill Road. The street PAEs allow pedestrian
and vehicle use but not public parking. Consistent with the 1997 approval, public bicycle
access is permitted on the PAEs that cover Clark Way, the connections from Clark Way to
the bicycle bridge, and the bike path near Sand Hill Road. There are no time of use
restrictions on vehicle, pedestrian or bicycle use of the PAEs. Public utility easements apply
to all of the streets on the Stanford West Apartments site.
There are a variety of easements that will be recorded separately from the Final Map. Utility
easements from the street public utility easements to the connections to the Stanford West
Apartments and Senior Housing buildings will be precisely identified during the building
permit plan check process. Rather than including easements on the Final Map that would
either have to be larger than necessary or would need later minor adjustments, it was agreed
by City and Stanford staff that these easements would be recorded through use of a separate
document. This document, which does not need Council action, will be recorded prior to
CMR:234:99 Page 3 of 7
issuance of any foundation or structural building permits for the Apartment or Senior site.
Senior Housing Condition of Approval 17 and Tentative Map Condition of Approval 4
require that, along the rear of the Senior Housing site, an access and maintenance easement
be provided to the Santa Clara Valley Water District (SCVWD). SCVWD easements already
exist on the Stanford West Apartments site. While SCVWD easements are identified on the
Final Map, SCVWD’s administrative procedures require that its easements, while identified
on the Final Map, be recorded by a separate legal document. SCVWD staffhave approved
acceptance of the easement and an easement will be recorded subsequent to recording of the
Final Map.
A number of street dedications and other easements are to be created for public streets and
infrastructure purposes outside of the Final Map area. These including the extended and
widened Sand Hill Road and Quarry Road; relocated Pasteur Drive; the bicycle path along
Sand Hill Road from E1 Camino Real to the Ronald McDonald House parcel (Lot 7); and
utility easements in a variety of locations. These street dedications and other easements will
be recorded through the use of separate plat maps and legal documents that will not need City
Council approval. Recordation will occur after construction, to facilitate accuracy of the
recorded information. This is the same procedure approved by the City Council on April 19,
1999 for the widening and construction of Sand Hill Road (CMR:209:99).
If and when the Stanford West Apartments and/or the Senior Housing is demolished, some
easements terminate and others survive. The street and utility easements on the Stanford
West Apartments site, except for the segment of Clark Way from CHC to Sand Hill Road,
terminate. The PRAEs, SCVWD easement and the PAE from the bicycle bridge to Sand Hill
Road will remain. All easements outside the boundary of the Final Map will remain.
Senior Housing Condition of Approval 29 notes that one of the Senior Housing parcels will
be used for 388condominium units. The Tentative and Final Maps identify Lot 5 for the
condominium units. Creation of the condominium does not require any further City action.
Subdivision And Below Market Rate Housing Agreement
The Subdivision and Below Market Rate Housing Agreement (Attachment II) has two
primary purposes: to establish Stanford’s responsibilities for completion of tentative map
conditions of approval and to document the existence of the Below Market Rate (BMR)
housing agreement.
Tentative Map Condition of Approval 11 a) provides that financial security for improvements
in public rights-of-way, in areas with public access requirements and all public utilities "shall
be secured by a bond or other form of financial security accceptable to the City Attorney."
The Engineer’s Estimate for the cost of public improvements is $34,869,000. The Municipal
Code and State law require that financial security for subdivision -related improvements shalI
be 150% of the estimated cost, plus an amount for costs of enforcement, if necessary. The
Subdivision Agreement outlines the procedures for establishing and release of appropriate
CMR:234:99 Page 4 of 7
financial security. $52,404,000 will either be secured by a bond placed in an escrow account.
At the end of each construction phase (i.e., end of 1999, end of 2000 and completion of
construciton in 2001), the amount of funding identified for that phase will be released by the
city based on satisfactory work and City acceptance of the improvements by the Director of
Public Works. The bond or escrow amount does not include work in Menlo Park.
Stanford and City staffs have not yet resolved the procedures for using a cash escrow process
(i.e., a procedure under which financial securities owned by Stanford would be held by a
bank with funds released to Stanford only after authorization by the City upon completion
and acceptance of infrastructure work by the City Engineer) rather than the traditional use
of a bond. It is anticipated that the cash escrow procedure will be resolved and scheduled for
City Council approval. In the meantime, Stanford will post a bond for the infrastructure
work prior to receiving street opening and other permits for work during the remainder of
1999.
The October 15, 1996 agreement between the City and Stanford regarding the provision of
Below Market Rate (BMR) units (attachment G of the 1997 Development Agreement) states
that the BMR provisions will be incorporated into the Subdivision Agreement. The
Subdivision and Below Market Rate Housing Agreement incorporates the BMR agreement
with a modification of the unit allocation. The 1996 BMR agreement has a provision that,
"should the mix of units in the Apartments be modified during the approval and construction
process, the percentage mix of BMR units shall be recalculated as agreed to by Stanford
Management Company and City." In design refinement of the Stanford West Apartments
project, Stanford modified the mix of units to eliminate 58 studio units and 58 two-bedroom
units, and have these 116 units be one-bedroom units. City and Stanford staff have agreed
that this revision modifies the allocation of the ultimate number of BMR units (156) as
follows:
UNIT 1997 1999
TYPE Total Units BMR Units Total Units BMR Units
Studio 58 15 0 N/A
1-bedroom 157 39 273 68
2-bedroom 244 87 186 73
2-townhouse 107 0 107 0
3-bedroom 62 15.62 15
TOTAL 628 156 628 156
Maintenance Agreement
Tentative Subdivision Map Condition of Approval 11 requires a Maintenance Agreement.
The purpose of the Maintenance Agreement (Attachment III) is to establish Stanford’s
obligations for maintenance of improvements in public rights-of-way, as well as areas with
public access easements and public utilities. Section 2 and Exhibit A of the Agreement
identify improvements to be maintained by Stanford. The performance standards in Section
6 are based on City practices and standards and are designed to define obligations while
CMR:234:99 Page 5 of 7
retaining reasonable implementation flexibility.
Agreement and Declaration of Covenant and Restrictions
As noted in the Final Map discussion, Tentative Map Condition of Approval 3 establishes
an open space area on Lots 1, 2 and 3. The area is identified on the map (sheets 4,5 and 6)
and subject to the provisions of an Agreement and Declaration of Covenant and Restrictions
(Attachment IV). As noted above, the open space area is slightly reduced because of an
adjustment between Lots 3 and 4 and the open space agreement runs with the life of the
Stanford West Apartments project.
POLICY IMPLICATIONS
The Sand Hill Corridor projects are consistent with current City policies including the
Comprehensive Plan. The Final Subdivision Map is one 0fthe actions covered in the 1997
Sand Hill Corridor Development Agreement approved by the City Council and voters.
TIMELINE
Approval of the Final Map will be followed in the Summer of 1999 by excavation for the
Sand Hill Road widening between San Francisquito Creek and Vineyard Lane, construction
of 400 feet of Sand Hill Road near E1 Camino Real, road, utility and building pad
preparation on the Apartment site and other utility and roadway work.
ENVIRONMENTAL REVIEW
Approval of the Final Map is consistem with the Certified Sand Hill Corridor Environmental
Impact Report. No further environmemal action is required.
ATTACHMENTS
Attachment I
Attachment II
Attachment III
Attachment IV
Attachment V
-Temative Subdivision Map Conditions of Approval
-Subdivision and Below Market Rate Housing Agreement
-Maimenance Agreement
-Agreement and Declaration of Covenant and Restrictions
-Final Map (Council members only)
CMR:234:99 Page 6 of 7
PREPARED BY: Kenneth R. Schreiber, Deputy City/~ager/Special
CITY MANAGER APPROVAL: JU~]F’LEMI~" "/" "~ ~
Ci~)~Ianager ~
Projects
CC:City of Menlo Park (Jan Dolan)
Stanford Management Company (Curtis Feeny)
Stanford University (Larry Horton, Andy Coe)
CMR:234:99 Page 7 of 7
S:\MGR\KEN-SA - I\CMR\SUBDIVIS.WPD
Attachment I
Attachment I
M
OI
Attachment I
Attachment
Attachment II
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 6105 of the GQv~rnment Cod~
After Recordation, mail to:
OFFICE OF THE CITY ATTORNEY
250 Hamilton Avenue
Palo Alto, CA 94301
SUBDIVISION AND BELOW MARKET RATE HOUSING AGREEMENT
BETWEEN STANFORD UNIVERSITY AND
CITY OF PALO ALTO
Stanford Land/Sand Hill Road, Palo Alto, California
A.P.N, Nos. 142-02-001, 142-02-002 and 142-02-007
Tract No. 9139
THIS AGREEMENT, made and executed this day of
, 1999, by and between the CITY OF PALO ALTO,
a municipal corporation of the State of California, hereinafter
referred to as "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, hereinafter referred to as
"Subdivider";
W I T N E S S E T H:
WHEREAS, City and Subdivider have entered into a
Development Agreement that was recorded in the Official Records of
Santa Clara County on December 3, 1997, as document number 13962429
(the "Development Agreement"); and
WHEREAS, Subdivider is the owner of certain real property
described in Exhibit A of the Development Agreement situated in the
City of Palo Alto, County of Santa Clara, State of California, (the
"Property"); and
WHEREAS, Subdivider has presented to City for approval a
fina! subdivision map for Tract No. 9139.prepared by Brian Kangas
Foulk, hereinafter referred to as the "Map" and incorporated herein
by this reference; and
WHEREAS, on June 30, 1997 City approved Subdivider’s
application for a tentative subdivision map (the "Subdivision
990518 lac 0090157
Attachment 11
Project"), subject to certain conditions including those hereinafter
described; and demolition and construction of certain private and
public improvements, and
WHEREAS, Subdivider has requested approval of the Map
prior to the demolition, construction and completion of the required
improvements; and
WHEREAS, City desires to assure that said proposed
improvements will be done in a good and workmanlike manner and in
accordance with the rules being those now in force and effect in the
City of Palo Alto, California, as modified by the Development
Agreement; and
WHEREAS, the Development Agreement requires that the
previously agreed upon terms of the Subdivider’s program for
satisfying the provisions of the City of Palo Alto Below Market
(BMR) Rate Housing Program (as then set forth in Program 13 of the
City of Palo Alto Housing Element)be incorporated into this
Agreement;
NOW, THEREFORE, for and in consideration Of the approval
of the Map and the acceptance of the dedications offered therein,
and in order to insure satisfactory performance by Subdivider of
Subdivider’s obligations under the Development Agreement, the
Subdivision Map Act and the Palo Alto Municipal Code, the parties
hereto mutually covenant and agree as follows:
I. Performance of Work. Subdivider shall, at its own
cost and expense, do and perform, or cause to be done or performed,
in a good and workmanlike manner, al! of the work and improvements
that are required by the conditions of approval of the subdivision
map, within and/or without the subdivision. The work and
improvements are shown on the Map, or on plans, profiles and
specifications which have been submitted to the City Engineer or may
hereafter be so submitted, as finally approved, (" the Plans.") Said
public and private improvements include, but are not limited to,
utilities, streets, street trees, fencing, landscaping, irrigation,
street lights, and drainage improvements.
2. App!.icable Rules. Under the terms of the Development
Agreement, City is obligated to apply the "Applicable Rules" to the
"Project." The "Project" as defined in the Development Agreement
includes all work to be performed under this Agreement. "Applicable
Rules" as defined in Section 1 (a) of the Deve!opment Agreement
means the rules, regulations, and official policies of the City in
force on June 30, 1997 governing permitted uses of the Property,
governing density, and governing design, improvement and
construction standards and specifications as applicable to the
Project, as amended by the "Project Approvals" (as that term is
defined in Section l(1)of the Development Agreement,) subject to the
City’s limited right to impose "Subsequent Applicable Rules,"
990518 lac 0090157 2
Attachment II
defined and described in Section l(p) and Section 5(e)of the
Development Agreement.
"Subsequent Applicable Rules" means the rules, regulations
and official policies of City, as they may be adopted and effective
after the Effective Date of this Agreement, governing permitted uses
of the Property, governing density, and governing design,
improvement and construction standards and specifications applicable
to the Project. A Subsequent Applicable Rule can be applied to the
Project without Subdivider’s consent only if City determines such
application is necessary to protect against conditions which create
a substantial and demonstrable risk to the physical health or safety
of residents or users of the Project or the affected surrounding
region.
Nothing in this Agreement is intended by the parties to
alter Subdivider’s rights under the Development Agreement to be
regulated under the Applicable Rules.
3. Standards Work to be performed hereunder shall be
done to the satisfaction of the City Engineer. No work on the
improvements may be commenced until the Plans have been submitted to
and approved by the City Engineer, and all improvements shall be
constructed in accordance with the Plans. Subdivider shall do, or
cause to be done, all work and furnish all materials necessary to
complete the improvements in accordance with the Plans, with any
changes required or ordered by the City Engineer, which in his or
her opinion are necessary or required to complete the work in
accordance with those provisions of the following documents which
are applicable to the Project under the terms of the Development
Agreement: (i) the Standard Specifications of the City of Palo Alto
(1992), (including the Public Works and Utilities Department
Standards), as amended from time to time, or (ii) the Palo Alto
Municipal Code.
4. Soils and Geologic Tests. Subdivider shall cause to
be made, at Subdivider’s cost and expense, soils and geologic tests
by a qualified civil engineer and shall file, or cause to be filed
with the City a report or reports satisfactory to the City Engineer
indicating gradation, bearing and resistance value of soils within
the subdivision and setting forth recommendations for or constraints
on the nature of required improvements and for development of the
Property. All clearing and earthwork shall be accomplished in
accordance with the plans and required recommendations of the soils
report under the supervision of the Soils Engineer. Subdivider
shall also cause to be made, at Subdivider’s cost and expense, all
compaction tests necessary to determine that the utility trenches
have been satisfactorily compacted. Subdivider shall provide a
soils engineer’s certified letter of compliance, verifying that the
earthwork has been completed in accordance with the plans and
recommendations of the soils report.
990518 lac 0090157 3
Attachment II
5. Dedication of Additional. Utility Easements. Certain
utility easements that fall outside of public or private streets are
not shown on the final map. Subdivider shall prepare a plat and
legal descriptions of such easements and grant such easements to
City prior to issuance of any permits for buildings, including
foundation permits. However, grading permits and street work
permits may be issued prior to the.preparation and recordation of
these easements.
6. Term of Agreement and Tim~ of Completion.
agreement.
The term of this agreement shall commence on the date
first written above. All work and improvements and site
grading under this Agreement shall be completed within the
time limits set forth in the Phasing Schedule attached to
the Development Agreement as Exhibit I, subject to the
provisions of Section 7 of the Development Agreement.
In order to effectuate the below market rate housing
agreement between Subdivider and City, the provisions of
Sections 6, 7, 13, 16, 18, 19, 20, 27, 28, 29 and 30 shall
continue in effect for fifty nine (59) years after the
Start Date as defined in Section 13 below. The remaining
sections of the Agreement shall apply only to the work and
improvements described in Exhibit A.
Time of Essence. Time is of the essence of thi~
8. Payment of Costs. Without limitation, Subdivider
shall pay, or cause to be paid, all costs and expenses related to or
arising from the performance of any work hereunder, inclJding, but
not limited to, payment for any materials, provisions, and other
supplies used in, upon, for or about said work, and for work or
labor thereon of any kind, and for amounts due under the
Unemployment Insurance Act of the State of California, with respect
to such work or labor.
9. Acceptance of Work. The City Engineer shall have
the right to reject any and all work to be performed under this
agreement if he or she determines that such work does not conform
with the Plans or with those provisions of the following documents
which are applicable to the Project under the terms of the
Development Agreement: (i) the Standard Specifications of the City
of Palo Alto (1992), (including the Public Works and Utilities
Department Standards), as amended from time to time, or (ii) the
Palo Alto Municipal Code.
I0. Warranty of Plan~. Notwithstanding the fact that
Subdivider’s Plans, completion of work’, and other acts to be
performed hereunder are subject to approva! by City, it is
understood and agreed that any approval by City shall in no way
relieve Subdivider of satisfactorily performing said work or its
990520 lae 0090157 4
Attachment II
obligations hereunder. Subdivider warrants that the Plans submitted
conform at a minimum to the standards and municipal code provisions
described in Section 9 above, and that they are adequate to
accomplish the work in a good and workmanlike manner and in
accordance with sound construction practices.
ii. E@.pairs and Replacement. Subdivider shall replace,
or have replaced, or repair, or have repaired, all work and
improvements described in Section 1 of this Agreement and monuments
shown on the Map which have been destroyed or damaged prior to final
acceptance of the completed work by the City Engineer, and
Subdivider shall repair, or have repaired, replace, or have
replaced, or pay to the owner, the entire cost of replacement or
repairs, of any and all property damaged or destroyed, by reason of
any work done hereunder, prior to final acceptance of the completed
work by the City Engineer, whether Such property be owned by the
United States or any agency or political subdivision thereof, or by
the City or by any public or private corporation, or by any person
whomsoever, or by any combination of such owners. Any such repair
or replacement shall be to the satisfaction, and subject to the
approval, of the City Engineer.
Subdivider shall repair, or cause to be repaired, any
damage to the improvements constructed pursuant to this agreement
which may occur after installation to the satisfaction of the City
Engineer and prior to expiration of the warranty period described in
Section 12 below.
12. Warrantz.Without limiting the foregoing,
Subdivider expressly warrants and guarantees all work performed
hereunder and all materials used therein for a period of one (i)
year. The one year period wil! commence for each Improvement
Package, as that term is defined in Section 26 below, when all work
to be completed as part of that Improvement Package has been
completed and finally accepted by the City Engineer. If within
said one (i) year period any structure or part of any structure
furnished and/or installed or constructed, or caused to be installed
or constructed by Subdivider as part of that Improvement Package
fails to fulfill any of the requirements of this Agreement as a
result of the inadequate workmanship or materials, Subdivider shall,
without delay and without any cost to City, repair and replace or
reconstruct any defective or otherwise unsatisfactory part or parts
of the work or structure. Should Subdivider fail to act promptly or
in accordance with this requirement, or should the exigencies of the
situation require repairs or replacements to be made before
Subdivider can be notified, City may, at its option, make the
necessary repairs and replacements or perform the necessary work,
and Subdivider shall pay to the City the actual cost of such repairs
and replacement.
990518 [ac 0090157 5
At,aehment II
13. Agreement to Provide Below Market Rate Housinq.
a. BMR Commitment: This agreement sets forth all of
Subdivider’s obligations to provide below market rate
("BMR") housing for the Project that is the subject of the
Development Agreement, with the exception of the proposed
commercial expansion of the Stanford Shopping Center which
must pay commercial housing mitigation fees in accordance
with Palo Alto Municipal Code Chapter 16.47.
b. Project Components: The components of the Project for
which BMR units will be provided by Subdivider are the
628-unit Stanford West Apartment Project ("the
Apartments"), the 388-unit "for sale" Stanford West Senior
Condominium ("Senior Condominiums") Project and the 62-
unit Assisted Living Facility rental housing project.
All of the units provided in satisfaction of the BMR
program for all three components will be located in the
Apartments.
c. Duration of Agreement to Provide BMR .Ho~sing: This
agreement shall be in effect for 59 years from the date
the first shell building permit is issued for any portion
of the Project. The date of the first shell building
permit is referred to in this agreement as the "Start
Date."
d. Number. Type ~nd Distribution of BMR Units: Under
this Agreement, all BMR units will be located within the
Apartments The proportionate number of each unit type
rented at BMR rates shall be comparable to the ratio of
studio, 1-bedroom, 2-bedroom and 3-bedroom units in the
Apartments, except that no 2-bedroom townhouse units are
required to be rented as BMR units. Based on the unit mix
in the Apartments proposed by Subdivider, the distribution
of BMR units among the unit types shall be as follows:
Percentage of
Required Units
43.5%
46.6%
9.9%
Unit Type
1-bedroom units
2-bedroom units
3-bedroom townhome units
Should the mix of units in the Apartments be modified
during the approval and construction process, the mix of
BMR units shall be recalculated, as agreed to by Subdivider
and the City.
990518 lac 0090157 6
Attachment
e. Phase-in. of Required Number of BMR Units: The required
number of BMR units shall be phased in beginning with the
Start Date. In addition to the number of units required
to satisfy the BMR requirement for the Apartments,
additional units shall be rented at BMR rents to eligible
households to satisfy the BMR requirements of the Senior
Condominiums and the Assisted Living Facility. The
percentage of units for each component of the Project
shall be phased as follows:
i. The Apartments: During the ten calendar years
from the Start Date to the 10th anniversary of the
Start Date, I0 percent (10%) of all units available
for rent shall be rented at BMR rents, as defined
herein, to eligible households.
For the five calendar years from the 10th anniversary
of the Start Date to the 15th anniversary of the Start
Date, twelve and a half percent (12.5%) of all units
available for rent shall be rented at BMR rents to
eligible households.
From the 15th anniversary of the Start Date through
the remainder of the 59-year regulatory period,
fifteen percent (15%) of all units shall be rented at
BMR rents to eligible households.
For example, assuming the total number of Apartment
units is 628, the maximum required BMR units after the
15th anniversary of the Start Date is 94 units to
satisfy the BMR requirement for only the Apartments.
ii. Senior Condominiums: Additional BMR rental units
at the Apartments shall be made available to eligible
households on the same phase-in schedule as given
above for the Apartments; that is, during the ten
calendar years from the Start Date to the 10th
anniversary of the Start Date, one BMR unit shall be
made available to eligible households for every tenth
Senior Condominium sold. For example, assuming the
total number of Senior Condominium units is 388, the
maximum required additional BMR units in the
Apartments to satisfy the BMR requirements for the
Senior Condominiums, will be 58 after the 15th
anniversary of the Start Date.
iii. Assisted Living Facility: Upon issuance of an
occupancy permit for any portion of the Assisted
Living Facility, 3 additional units at the Apartments
shall be rented at BMR rents to eligible households in
effect as of the date of issuance of the occupancy
permit. On the 10th anniversary of the Start Date,
990518 lac 0090157 7
Attachment II
one additional unit shall be rented to eligible
households in the Apartments at BMR rents for a total
of 4 additional rental BMR units. No additional
requirement is included.
The parties agree that the BMR requirement appropriate for
the Assisted Living Facility should account for the fact
that the residential living units are much smaller than in
other comparable rental units, that more extensive common
spaces and facilities will be included than are generally
associated with rental housing and additional services are
provided not associated with typical BMR housing. The BMR
requirement was thus based on a calculation of the square
footage of residential space at 400 square feet per unit
multiplied by the total of 62 units times the 15% BMR
requirement or a total of 3,720 square feet. 3,720 square
feet is the combined approximate area of four average
units in the Apartments.
f. Physical Location: The BMR units shall be distributed
throughout the Apartments and shall be comparable in all
aspects to all other units including, but not limited to
construction quality, floor area, appearance, finish,
amenities and access to facilities. To the extent
feasible, a proportionate share of the total number of
required BMR units shall be located in each building and
on each floor level of the buildings in the Apartments.
g. BMR Rents: "BMR Rents" are total monthly charges for
rental of BMR units which comply with this Agreement.
h. Base BMR Rents: Base rents are established as those
equal to the HUD Section 8, or successor program, Fair
Market ’Rents (FMRs) for that unit type in effect in
February 1996. Those are:
Studio Units = $641
1-bedroom units = $731
2-bedroom units - $903
3-bedroom town home units = $1,238
i. Annual Rent Adjustments: As of the Start Date, the Base
BMR Rents shall be adjusted by one-third of the increase
in the Consumer Price Index for All Urban Consumers, Rent
Residentia!, San Francisco-Oakland area (CPI) from the
base CPI for February 1996 of 171.7, to the latest index
available on the Start Date. Thereafter, on each
anniversary of the Start Date, the BMR Rents for each unit
type, may be adjusted by one-t~ird of the increase in CPI
using the latest index available prior to the anniversary
of the Start Date. The calculation of the rent adjustment
is made only once a year and is to be effective as of the
990518 lac 0090157 8
Start Date anniversary. The resulting BMR rents are the
maximum applicable as leases expire or new tenants move-in
to the BMR units over the 12-month period following the
Start Date anniversary. No cap is placed on the amount of
the annual adjustment and no negative adjustments are
required. Subdivider shall.submit new proposed rents to
City for approval at least 90 days prior to the effective
date. If the City does not approve or disapprove proposed
rents within 30 days of receipt by City, the proposed
rents shall be considered approved. This will allow for
60-day minimum notification to tenants of rent changes.
Rents less than the maximum allowed by this Agreement may
be charged. Rents for BMR tenants may not be increased
more than once in any 12-month period regardless of
whether the tenant is renting under a month-to-month
rental agreement or an annual lease. All applicable State
and local laws and ordinances affecting the operation of
rental housing apply to the operation of the BMR units at
the Project.
j. Annual Lease Required: Notwithstanding any language to
the contrary in Section 9.68.020(d) of the Palo Alto
Municipal Code, the provisions of Palo Alto Municipal Code
Chapter 9.68, including the requirement to offer tenants
a one year lease, shall apply to all the units in the
Apartments, including the BMR units.
k. Eligible Households: To be eligible for rental of a BMR
unit, a household must have a certified gross household
income below 80 percent of the then current HUD median
income for Santa Clara County, adjusted for family size.
i. Preference for Occupancy: Current City of Palo Alto
Council adopted BMR Guidelines provide an occupancy
preference for persons who live or work within the City
limits of Palo Alto when they apply for BMR occupancy.
Parties have agreed to a modification of this preference
for the purposes of this Agreement because of the unique
contribution of employer-developed housing and the common
objective of encouraging occupancy in the Apartments by
persons working on Stanford lands in order to reduce auto
trips generated by the Project. Preferences for initial
occupancy, in order of preference, for al! BMR Units will
be:
Ist Preference: Eligible households of which at least one
adult member is employed by Stanford University for a
minimum of 30 hours per week at or above minimum wage.
2nd Preference: Eligible households of which at least one
adult member is employed for a minimum of 30 hours per
week at or above minimum wage on lands owned by Stanford,
990518 lac 0090157 9
Attachment II,
including but not limited to Stanford Medical Center,
Children’s Hospital, Stanford Shopping Center, Stanford
Linear Accelerator and the Stanford Research Park.
Srd Preference: Eligible households of which at least one
adult member lives or is employed within the City limits
of Palo Alto or Menlo Park.
4th Preference: All other eligible households who do not
meet the criteria for priorities one, two or three.
m. Income Certification: Each BMR tenant’s household
income shall be certified prior to initial occupancy and
recertified on an annual basis according to the procedures
of the HUD Section 8 or successor program. BMR tenants
whose incomes upon recertification exceed the then-current
median incomes (I00 percent) for Santa Clara County,
adjusted for family size, will no longer qualify for BMR
rent. At that time the following provisions shall apply
to each tenant who has failed to qualify for BMR rent.
Unless an exception is granted as provided below, within
a reasonable time after receiving notice that a tenant has
failed, at recertification, to qualify for BMR rent,
Subdivider must give each such tenant (a) written notice
advising the tenant of the results of the recertification
and that the BMR tenancy will terminate on the first of
the month following the expiration of sixty days from the
mailing of the notice to the tenant’s address at the
Apartments; and, (b) a written offer to enter into a°
market rate rental agreement of the unit occupied by the
tenant. A "market rate rental agreement" is an agreement
not subject to control under the terms of this Agreement
and containing terms and provisions, including rent, as
are offered to public generally by Subdivider at the time
the offer is made. Subdivider shall not discriminate
against the tenant because of the tenant’s former status
as a BMR tenant or for any other reason prohibited by law.
If the former BMR tenant chooses to vacate the unit after
receiving the notice, and after a reasonable time for
cleaning and/or renovation and marketing, Subdivider must
rent the unit or, at Subdivider’s discretion, a unit of
comparable type (e.g., studio, 1-bedroom, etc.) to a
qualified BMR tenant in accordance with this Agreement.
If the former BMR tenant chooses to enter into a market
rate rental agreement, then no later than three months
after commencement of the new tenancy, Subdivider must
designate the first available unit of comparable type and
rent it to a qualified BMR tenant in accordance with this
Agreement; provided however, if the former BMR tenant does
990518 lac 0090157 1 0
Attachment
not perform the tenant’s obligations under the terms of
the rental agreement, Subdivider may file an unlawful
detainer proceeding and if it does, its obligation to rent
another unit shall be postponed until it recovers
possession of the former BMR unit plus a reasonable time
to clean and/or renovate and market the unit.
Exceptions to the provision of this Agreement requiring
termination of the BMR tenancy upon failure to qualify~at
recertification may be granted at the discretion of the
Director of Planning and Community Environment upon
application by Subdivider and a showing of extraordinary
circumstances. If an exception is granted, the tenant may
continue in possession for a term determined by the
Director of Planning and Community Environment at BMR rent
and the unit will continue to qualify as a BMR unit for
all purposes.
n. Annual Report: Subdivider shall prepare and submit to
the City an annual report on the status of the BMR units
and compliance with the requirements of the BMR program
and this Agreement. While Subdivider may delegate the
responsibility for managing the BMR units to a third
party, Subdivider, as the property owner, shall be
responsible for compliance with this Agreement.
o. Guidelines Required: Prior to occupancy of any
residential unit in the Project, Subdivider shall prepare
and obtain City approval of "Stanford West BMR Procedures
and Guidelines" that shall describe the administration,
monitoring and reporting for the BMR units at the Project.
The "Stanford West BMR Procedures and Guidelines" shall
reflect the terms of this Agreement and City policies as
contained in the "Below Market Rate Program Rental
Guidelines" in effect for the City of Palo Alto at the
time the Stanford West BMR Procedures and Guidelines" are
prepared and reviewed. The "Stanford West BMR Procedures
and Guidelines" shall not be inconsistent with this
Agreement. The "Stanford West BMR Procedures and
Guidelines" shall describe in more detail procedures for
the selection Of tenants, the rental of BMR units, and the
implementation of the BMR rental program. At a minimum
Subdivider shall be responsible for the following
activities, which shall be addressed in the "Stanford West
BMR Procedures and Guidelines:"
Periodic outreach and information to eligible
households by priority for occupancy, as required;
Provision of information to interested BMR applicants;
Maintenance of waiting list for BMR units by priority;
990518 lac 0090157 11
Attacl~nent iI
Verification of eligibility for occupancy of BMR
units, including verification of income, employment,
location of job site, household composition, etc. and
annual re-certification of each BMR household’s
eligibility;
Determination of BMR rents and rental of BMR units at
rents which comply with this Agreement;
Selection of BMR tenants from qualified applicants;
Training of personnel, both on-site contract staff and
Subdivider staff in BMR rules, administration and
procedures;
Inclusion, and enforcement of BMR provisions in the
tenant’s rental agreements and leases in order to
maintain ongoing compliance with this Agreement;
Inclusion of a rent transition agreement in BMR lease;
Providing the correct number, location and unit type
of required BMR units;
Periodic reporting to City regarding compliance with
this Agreement;
Maintenance of records to adequately demonstrate
compliance with this Agreement;
Cooperation with the City, and its designees, in the
periodic m6nitoring, review and auditing of records,
reports and other information to confirm compliance
with this Agreement;
Termination of ineligible BMR tenants from the program
and provision of the next similar sized vacant unit in
the Project at BMR rents to eligible households; and
Implementation of a periodic administration/monitoring
fee to pay the cost of City review of tenant
eligibility prior to occupancy, if required by audit
as discussed below under remedies.
p. Remedies for Non-Compliance: The City reserves the
right to monitor and audit the implementation of the BMR
rental program at any time. If non-compliance is evident,
Subdivider shall be given in writing an appropriate period
of time to remedy any areas’ of non-compliance. If
compliance or evidence indicating appropriate action
toward compliance cannot be obtained within six months to
the satisfaction of the City, City reserves the right to
990518 lac 0090157 12
perform, review or monitor any of the activities necessary
to implement this Section 12. Subdivider will pay the
actual cost for City’s time and overhead plus a 50%
penalty for as long as City must assume responsibility.
City may contract with a third party for these tasks.
q. Alternatives: Should the number of units or the mix of
unit types be modified in any portion of the Project
during the approval and construction process, new
calculations, based on the methodology in this Agreement,
shall be prepared and enforced subject ~to review and
approval by City. This Agreement has assumed that al!
three components of the Project will be built, that the
Apartments will not have a condominium map and that the
Senior Condominiums will be sold. Should the Senior
Condominiums not be constructed, the BMR requirement for
the remaining two portions of the Project shall remain as
in this Agreement.. Should the Assisted Living Facility
not be constructed, the BMR requirement for the remaining
two portions of the Project shall remain as in this
Agreement. Any other change not anticipated by this
Agreement shall require a renegotiation of the BMR
requirements consistent with the City BMR program at that
time.
14. Breach of Agreement; Performance by Citz. If
Subdivider shall refuse or fail to satisfactorily complete any of
the work and improvements provided for herein, (not including its
obligations under Section 13 above) within the time specified in
Section 6 above, or any extension or extensions thereof, or if the
City Engineer determines that delay in the construction of any
portion of the improvements is endangering property outside the
boundaries of said tract, or if Subdivider should be adjudged a
bankrupt, or should make a general assignment for the benefit of
Subdivider’s creditors, or if a receiver should be appointed in the
event of Subdivider’s insolvency, or if Subdivider, or any of
Subdivider’s contractors, subcontractors, agents or employees,
should violate any of the provisions of this agreement, the City
Engineer or City Council or its designated representative may serve
written notice upon Subdivider for breach of this Agreement, or any
portion hereof.
The notice shall specify a time for curing such default,
which shall not be less than thirtydays unless in the opinion of
the City a delay of such length is likely to endanger persons or
property. Provided, if Subdivider demonstrates to the City’s
satisfaction that the default cannot be cured in the time allowed,
Subdivider may avoid default by promptly commencing the actions
necessary to cure the default and diligehtly proceeding with them.
Upon the giving of the notice of breach and after the time, if any,
specified to cure the default has passed without cure of the
default, (or after satisfactory demonstration of impossibility, the
990518 lac 0090157 1 3
Attachment II
commencement and diligent continuation of action necessary to cure
the default,) City may, without relieving Subdivider of any of its
obligations hereunder, take over any or all of the work and
prosecute the same to completion, by contract or by any other method
City may deem advisable, for the account, and at the expense of
Subdivider, and the full cost and expense of said work done by City
-shall be recovered by City from Subdivider.
15. Estimate of Improvement Costs; Securitz. The
estimated cost for the improvements to be constructed under this
agreement is Thirty Four Million and Eight Hundred and Sixty Nine
Thousand Dollars ($34,869,000.00). Said estimate includes
applicable amounts for the expense of checking plans and for
inspection of work hereunder. A full and detailed accounting of
said estimate is set forth in Exhibit "A", which is attached hereto
and incorporated herein by this reference.
Performance of this Agreement shall be secured as provided
in Chapter 5 of the Subdivision Map Act (Government Code Sections
66499 and following) and Title 21 of the Palo Alto Municipal Code.
If Subdivider initially posts performance and labor and material
bonds, Subdivider may subsequently substitute for such bonds a
deposit or deposits of cash or negotiable bonds of the kind approved
for securing deposits of public moneys with an escrow agent, in a
manner and form satisfactory to the City Attorney. If such an
escrow deposit or deposits is made, the security provided for
enforcement costs as .required by Government Code Section 66499.4
shall be in the amount of One Hundred Thousand Dollars ($100,000).
The City Engineer is authorized to, and shall: (i) upon the
completion and acceptance of each of the Project Phases described in
Exhibit "A"; and (ii) the expiration of the time within which claims
of lien are required to be recorded pursuant to Civil Code Section
3114 and following, and the satisfaction or extinguishmen£ of all
such claimsfor the Project Phase, release a proportionate amount of
the security; provided that the parties may agree that the City
Engineer may release a proportionate amount of the security upon
other mutually acceptable conditions.
16. Permits; Compliance with Law. Subdivider shall, at
Subdivider’s expense, obtain all necessary permits and licenses for
the work and improvements hereunder, give all necessary notices and
pay all fees and taxes required by law. In the performance of this
agreement, Subdivider shall comply with all laws, ordinances,
regulations and rules of all governmental agencies having
jurisdiction therefor, including but not limited to, the provisions
of the Labor Code of the State of California.
17. Inspection by City. Subdivider shall at all times
maintain proper facilities and provide sa’fe access for inspection by
City to all parts of the work.
990518 lac 0090157 14
Attachment II
18. Subdivider Not Agent of City. Neither Subdivider
nor Subdivider’s contractors, subcontractors, agents, officers, or
employees are agents or employees of City, and Subdivider’s
relationship to City, if any, arising herefrom is strictly that of
an independent contractor.
19. Liability.City, its officers, agents, and
employees shall not be liable to the Subdivider or to any person,
firm or corporation whatsoever, for any error or omission, or any
obligation or liability whatsoever, arising out of or in connection
with any work to be performed under this agreement.
20. Hold Harmless. Subdivider hereby agrees to and
shall indemnify and hold City, its officers, agents, and employees
harmless from any and all liabilities, obligations, damages, costs,
injuries, or claims thereof, including but not limited to, claims
for damage or personal injury, including death, and claims for
property damage, arising in any manner from the performance or
failure to perform the provisions of this agreement by Subdivider
and/or its officers, agents, and employees. Such obligation
includes the provision of defense for City, its officers, agents and
employees in such action.
21. Use of Improvements. Subdivider agrees that the use
of any and all of the public improvements hereinabove specified for
any purpose and by any person shall be at the sole and exclusive
risk of Subdivider at all times prior to final acceptance by City.
This shall in no way eliminate, discharge or lessen any of
Subdivider’s obligations and undertakings contained in this
agreement. The issuance of any occupancy permits by City for
dwellings located within the subdivision shall not be construed in
any manner to constitute acceptance or approval of any or all of the
improvements to be constructed hereunder.
22. Insurance.
a. Subdivider shall, at its sole cost and expense,
maintain in full force and effect during the term of this Agreement
insurance coverage for itself naming the City, its officers, agents
and employees as an additional insured concerning Subdivider’s
performance under this Agreement, in the following amounts:
Comprehensive General Liability,
including Bodily Injury and
Property Damage Liability
$I,000,000 per occurrence
Combined Single Limit
Workers Compensation/Employer
Liability
$i,000,000 per occurrence
b. Subdivider shall require any and all contractors for
Subdivider retained to perform pbligations of Subdivider under this
Agreement to obtain and maintain insurance coverage, of the same
990518 lac 0090157 1 5
Attachment II
nature, amount, and quality during the course of their performance
of such services, naming the City as an additional insured under
such policies as described above.
c. All insurance coverage required hereunder will be
provided through carriers with Best’s Key Rating Guide ratings of
A:X or higher which are admitted to transact insurance business in
the State of California. Alternatively, Subdivider, but not
Subdivider’s contractors, may secure coverage through a programof
self-insurance.
d. Subdivider shall file certificates of such insurance
or self-insurance, including that of its contractors, with City
prior to commencement of any work. The certificates will be subject
to the approval of City’s Risk Manager and will contain an
endorsement stating that the insurance is primary coverage and will
not be canceled or altered by the insurer except after filing with
the City’s City Clerk thirty (30) days’ prior written notice of such
cancellation or alteration, and that the City of Palo Alto is named
as an additional insured except in policies of workers’
compensation, employer’s liability, and professional liability
insurance. Current certificates of such insurance will be kept on
file at all times during the term of this Agreement with the City
Clerk.
e. The procuring of such required policy or policies 6f
insurance will not be construed to limit Subdivider’s liability
hereunder nor to fulfill the indemnification provisions of this
Agreement. Notwithstanding the policy or policies of insurance,
Subdivider, subject to the other provisions of this Agreement, will
be obligated for the full and total amount of any damage, injury, or
loss caused by or directly arising as a result of the work performed
under this Agreement, including such damage, injury, or loss arising
after the Agreement is terminated or the term has expired.
f. Subdivider will be required to obtain a "Permit for
Construction in a Public Street." City will consider a request by
Subdivider that the insurance posted for that permit also be used to
satisfy all or a portion of the insurance obligations of this
Section 22.
23. Title to Public Improvements. Title to and ownership
of all public improvements constructed hereunder shall vest
absolutely in City, upon completion and acceptance thereof by City.
24. Final Drawings. Upon completion of each of the
Improvement Packages and acceptance thereof by City, Subdivider
shall supply City with one (I) permanent (Mylar--3 mil) reproducible
set of "as-built" drawings. These drawings shall be certified as
being "as-builts" and shall reflect the job as actually constructed,
with all changes incorporated therein. Subdivider shall additionally
furnish to City electronic disks which contain AUTOCAD software
990518 lac 0090157 16
Attachment II
containing the full set of "as-built" plans. The requirements of
this Section 24 shall not apply to any private improvements to be
performed hereunder.
25. Notice of CompletiQn. Subdivider shall file, or
cause to be filed, a Notice of Completion of the improvements herein
specified. Subdivider may file a separate Notice of Completion upon
the completion of each Improvement Package as described in Section
26 below.
26. Fina! Inspection, Acceptance and Certification.
a. The parties agree that because of the complexity and
scale of the work to be done, it may be completed in
sections, known as "Improvement Packages." The
Improvement Packages shall be defined and approved by the
City Engineer. The City Engineer shall have the right,
upon request from Subdivider, to reallocate particular
improvements from one Improvement Package to another
Improvement Package which has not yet been completed. In
such cases, the estimated completion cost of the affected
Improvement Packages shall also be adjusted.
b. All of the improvements in an Improvement Package must
be completed prior to the final inspection of that
Improvement Package. Notice in writing, requesting final
inspection of each Improvement Package shall be submitted
to the City Engineer at least five (5) days prior to the
anticipated date. Upon the satisfactory completion of an
Improvement Package by Subdivider, the City Engineer shall
certify that the work of said Improvement Package has
been satisfactorily completed. Such certification shal!
be made in writing in accordance with standard City
procedures.
27. Assignment of Contract. Neither this agreement, nor
any part hereof, shall be assignable by Subdivider without the
written consent of City. Any attempted assignment without first’
obtaining such consent shall be void and of no effect.
28. Binding on Successors. The terms, covenants and
conditions of this agreement shall run with the land and shall apply
to, and shall bind, the heirs, successors, executors,
administrators, assigns, contractors, and subcontractors of the
parties.
29. Costs and Attorneys’ Fees. The prevailing party in
any action brought to enforce the terms of this agreement or arising
out of this agreement may recover from the other party its
reasonable costs and attorneys’ fees expended in connection with
such an action.
990518 lac 0090157 17
Attachment II
30. Notices.Unless otherwise specified in this
agreement, notices hereunder shall be given in writing and mailed,
postage prepaid, by certified mail, addressed as follows:
To City:Office of the City Clerk
City of Palo Alto
250 Hamilton Avenue
Palo Alto, CA 94301
Copy to:Director of Public Works
City of Palo Alto
250 Hamilton Avenue
Palo Alto, CA 94301
To Subdivider: Stanford Management Company
Attention: Executive Vice President
For Real Estate
2770 Sand Hill Road
Menlo Park, CA 94025
Copy to:Office of-the General Counsel
105 Encinal Hall
Stanford, CA 94305
The address of a party may be changed from time to time by written
notice given to the other party in the manner set forth herein.
Notices ~given in the manner set forth herein shall be deemed
received five days after deposit in the mail. Notices may also be
delivered personally and if so, shall be deemed received upon
delivery.
//
//
//
//
//
//
//
//
//
//
//
990518 lac 0090157
Attachment II
31. Interpretation. This Agreement is intended to
implement the Development Agreement and the Project Approvals, as
defined therein, and it shall be construed accordingly.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed in duplicate the day and year first above
written.
APPROVED AS TO FORM:CITY OF PALO ALTO
Senior Asst. City Attorney City Manager
APPROVED:
Director of Public Works
Director of Planning
and Community Environment
THE BOARD OF TRUSTEES OF
LELAND STANFORD JUNIOR
UNIVERSITY
A.P.N. Nos: 142-02-001
142-02-002
142-02-007
Taxpayer Identification No.
ATTACHMENT: Exhibit "A"
990518 lac 0090157 19
Attaclament 11
CERTIFICATE OF ACKIqOWL~DGMENT
Civil Code § 1189)
)
)
)
notary~ ~ ,publ~c~ in and for said County, personally appeared
(~)(~ ~r~b{~ , personally known to me (or proved to me
on the basis ~of atisfactory 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/,h~nd and o seal.
Comm. #1075205NOTARY PUBLIC - CALIFO~NIA~SAN MATEO COUNT%’Comm, Exp. Oct. 15, 1999
990518 lac 0090157 2 0
Attachment II
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
STATE OF
COUNTY OF
)
)
)
On~,before ’me,, a
notary public in and for said County, personally
appeared , 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.
990518 lac 0090157 2 1
EXHIBIT "A"
Attachment II
BOND ESTIMATE
Plans Dated 12128198
from BKF
SUMMARY
PHASEI
Package 2 Apartments
Package 3 Palo Road
Package 4 Stockfarm Road
Package 5 Street Openning
Package 6 Nordstrom Lots
Package 7 Vineyard Lane
Package 8a Utilities
Package 8b Electdc Utilities
Package 10 El Camino Real
Total
$6,258,983.00
$1,323,972.00
$532,212.00
$-
$-
$951,827.00
$1,928,918.00
$1,300,650.00
$2,584,187.00-
$14,880,749.00
PHASE2 $8,530,381.00
PHASE3
Note: All costs include 15% Contingen~ amount
Total
$11,458,357.00
$34,869,487.00
Rounded Total
Base Bond Amount (150%)
Enforcement allowanace
$34,869,000.00
$52,31M,000.00
$100,000.00
Bond Total $ 52,404,000.00
Attachment II
SAND HILL ROAD PROJECTS
Cost Estimate - Sand Hill Road Package #2 Stanford West Apartments
CLEAR AND GRUB
Traffic Control
Dust/N0ise Control
Flaggincj’ for Top Grade Work Only/
Protect Trees~.- Work Around TCR Fence
Strip Site to Stockpile (2.5")
Spra), & Mow & Bale
Remove Stanford Water
LS
LS
LS
LS
CY
LS
LF
1
1
1
1
10,240
1
1,560
6,000.00
27,240.00
18,500.00
4,200.00
5.50
36,250.00
14.00
$6,000
$27,240
$18,500
$4,200
$56,320
$ 36,250
$ 21,840
SUBTOTAL CLEAR & GRUB $ 170,350
GRADING OPERATIONS
Compact.O.G. in Fill Areas
Place/Compact Fill- SSC
Spread/Compact Fill - Sand Hill Rd.
Place/Compact Fill - Seniors
Cut to Fill - Non Sensitive Areas
Cut to Fill - Sensitive Areas.
Balance Utilit), Spoils
Rough Grade Detention Basin
Rough Grade General Site to Drain
Rough Grade Streets
Rough Grade Parking Lots
Rough Grade Park Island
Rough Grade Lands #2
Rough Grade Bldg Pads
SF
CY
CY
CY
CY
CY
CY
SF
SF
SF
SF
SF
SF
SF
1,123,700
5,000
15,000
21,600
14,250
1,650
18,800
125,700
372,600
164,000
148,000
14,400
64,950
483,600
0,05
2.00
2.00
2,00
3.50
6.60
8.00
0,11
0.12
0.12
0.12
0.12
0.12
0.14
$56,t85
$10,000
$30,000
$43,200
$49,875
$ 10,890
$ 150,400
$13,827
$44,712
$19,680
$17,760
$1,728
$ 7,794
$ 67,704
SUBTOTAL GRADING OPERATIONS $523,755
3 DOMESTIC WATER
12" PVC C900 CL200
Connect to Existing
4" Water service
4" Water stub
2" Domestic Service
1,5" Domestic Service
2" PVC Schedule 40
12" Gate Valve
2" Irrigation Service
Onsite Domestic Water
4" C900 CL200 (Onsite)
2" T~/pe K Copper Service
1.5" Type K Copper Service
RP Back Flow Preventor 4"
RP Back Flow Preventor 2"
RP Back Flow Preventor 1.5"
LF
EA
EA
EA
EA
EA
LF
EA
EA
LF
LF
LF
EA
EA
EA
4,160
2
10
2
6
1
400
16
3
2,640
480
60
8
5
1
31.90
5,400.00
8,000.00
2,100.00
800.00
670.00
20.50
1,450.00
980.00
27.00
32.00
30.50
3,600.00
1,150.00
980.00
$ 132,764
$ 10,800
$80,000
$4,200
$4,80O
$670
$8,200
$ 23,200
$ 2,940
71,280
15,360
1,830
28,800
5,750
980
SUBTOTAL DOMESTIC WATER $ 391,514
Page 1 of 3
SAND HILL ROAD PROJECTS
Attachmem II
Cost Estimate - Sand Hill Road Package #2 Stanford West Apartments
FIRE~
4" PVC C900 CL200
4" Gate’ ’Valve
.Fire Hydrant Assembly "
Fire H),drant off Existing Main
Fire H~,drant.off .Existin~l Stubs
8" Fire Stub
Onslte Fire System
4" c900 CL200
4" PIV
Blow Off Valves
4" DDCA
1,640
15
11
1
4
2
4,140
17
35
11
31.60
2,200.00
5,400.00
3,000.00
.. 1,80D.oo
27.30
680.00
250.00
4,250.00
$ 32,864
$. 8,250
$ 24,20q.
$ 5,400
$ 12,000
........ 3,500
$113,022’
$11,560
$8,750
$ 46,750
SUBTOTAL FIRE LINE SYSTEM $ 266,396
STANFORD WELL WATER
8" C900 CL200
Connect to Existing Main
Vertical Offsets
LF 2,480
3
6
26.00
3,750.00
2,300.00
$ 64,480
$ 11,250
$ 13,800
SUBTOTAL STANFORD WELL WATER $ 89,530
SANITARY SEWER
8" Sewer Main
10" Sewer Main
4" Sewer lateral w/Cleanout
6" Sewer lateral w/Cleanout
Sewer Manholes
Onsite Sanitary Sewer
6" Sanitary Sewer
4" Sanitary Sewer
Sewer Clean Outs
SSMH
Wash Area Drain
LF
LF
EA
,EA
EA
LF
LF
EA
EA
EA
3,115
64
5
31
16
2,970
130
40
2
1
33.00
44.00
875.00
900.00
1,600.00
26.50
26.00
412.00
240.00
412.00
102,795
2,816
4,375
27,900
25,600
$ 78,705
$ 3,380
$ 16,480
$ 480
$ 412
SUBTOTAL SANITARY SEWER $ 262,943
STORM DRAIN SYSTEM
30" RCP
24" RC’P
18" RCP
15" RcP
12" RCP
8" PVC’
10" PVC
Storm Drain Manhole
Catch Basins
Curb Inlets
2’ x 2’ Catch Basins
LF
LF
LF
LF
LF
LF
LF
EA
EA
EA
EA
850
1,530
1,010
1,120
3,550
2,225
9
24
7
28
92
55.00
48.00
34.00
31.00
29.00
20.00
21.00
2,050.00
940.00
2,050.00
350.00
46,750
73,440
34,340
34,720
t02,950
44,500
189~;2oo
6,580
57,400
32,200
SUBTOTAL STORM DRAIN SYSTEM $ 482,269
Page 2 of 3
SAND HILL ROAD PROJECTS
8 GAS SYSTEM
4"Gas PE Line
2"Gas PE Line
1"Stub Service
1"Stub Service @ CHC Drive
4"Valves
2"Valves
Onsite Gas Sytem
Gas Disiribution
9 PCC IMPROVEMENTS’ ’
Vert=cal Curb~’ (Streets/Par~ing Lots)
Curb & Gutter,/Streets! .......
Valle~, Gutter (Streets/Parkin~ Lots)
6" PCC Parkin~ Ba!/s (Streets)
Rolled Curb (Streets)
Frame & Grates @ Curb Inlets
4" SW’w/mesh at Main Streets
6" PCC Drive Aprons/Stalls
AB 4" @ Sidewalks
AB 6" @ Drive Aprons & Stalls
LF ..3,000
LF .1,100
EA 26
LF 120
EA 8
EA 10
LS 1
SUBTOTAL GAs SYSTEM
LF 14,6.30
LF 4,270
LF 490
SF 3,780
LF 700
EA 28
SF 35,360
SF 32,350
~1 35,350
SF 32,350
27.00
23.00
820.00
22.00
700.00
340.00
27,750.00
$ ......81,000
$25,300$21,3~o
$2,640
$5,600
$3,4O0
$ 167,01’0
12.00 $ t75,56013.00 $ 55,510
18.50 $ 9,0S5
7.20 $ 27,21614.7~..,,$ ....... 1o,32.s328.oo $ 9,1oo
4.00 $ 141,440
.. 4.7s.. $. 1.~,6~
2.00 $ 64,700
SUBTOTAL PCC IMPROVEMENTS $’"713,763
t0 PAVING
’ Finecjrade Sut:~ra.de (Streets/Parking)
8" Aggregate Base (Streets/Parking)
4" A~9.regate Base at Paths
..............4" Asphalt Concrete (Streets) ’ ’
3" Asphalt Concrete (Parkin9 Lots)
......... 2.5" Asphalt Bike Path (No. H.eaders)
2.5." Asphalt SHR Bike Path (No Headers)
SF
SF’SF
SF
SF
SF
SF
341,500
34!,500
34,800
143,820
147,500
10,830
14,350
0.15
1.45
1.40
1.00
1.20
81
376,650
50,460
201,348
147,500
t2,996
15,785
SUBTOTAL PAVING .....$ 854,964
SIGN AND ~TRIPE
Sign and Stripe LS 1 20,000.00 $, 20,00.0
sUBTOTAL SIGNING & STRIPING .....$ 20,000
CPA POWER TRENCH
CPA Primary P0we~ Infrastructure
Enoineering;,,,(CpA power)
CPA Secondar~ , ,,
LS
LS
LS
17,900.00 S 17,900
581,300.00 $ 581~300
SUBTOTAL CPAPOWER TRENCH ’ ’ ’$1,500,~00
"’. ...’.i’ .BiDTOTAL’$5,442,594
Page 3 of 3
SAND HILL ROAD PROJECTS
Attachment II
COST ESTIMATE - SAND HILL ROAD PACKAGE #3 PALO ROAD
Plans Dated 12/28/98 from BKF
3rd Construction Cost Estimate
BID TGC
ITEM # ITEM #ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT
1 9010
2 9020
3
4
5
6
7
8
9
10 9100
11
12
13 9170
14 9180
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33 9040
34
35
36
37
38
39
4O
41
42
907O
9060
9080
9160
Clearing + Grubbing, Demolition
Earthwork
12" RCP Storm Drain
18" RCP Storm Drain
Field Drain Inlets
Storm Manholes
Demo Existing Street Lights
New Signal
12" Sewer Line
Sewer Manholes
12" Water Line
Primary Power Trench
K-Rail
Crash Cushion
Temp Striping
42" RCP
24" RCP
21" CLIII RCP
12"/24"/42" Tie-ins
12" Sewer Tie-in
10" Water Line
6" Water Line
12" Water Valves
Blowoff Assemblies
12" Tees
12" Offsets
Fire Hydrants
8" Fire Services
2" Domestic Services
2" Irrigation Services
12" X 12" Tapping Sleeve & Valve
New roadway 5" A.C. over 17" CI 2 base rock
Concrete Curb & Gutter
Concrete Sidewalk
Curb Drain Inlets
Adjust exiting Vaults to grade
Adjust existing Vault Covers (minor)
Adjust Utility Manholes, Values
Street Electroliers
Sig ning/Striping/Markers
Landscape & Irrigation
The Barn modification
Traffic Control
LS 1
CY 2,50O
$ 58,000.00
$ 6.90
58,000
17,250
-
.
-
-
.
.
.
37,200
.
.
5,ooo
3,920
.
.
.
-
34,500
11,700
22,000
5,ooo
5,000
LF -
LF -
EA -
EA -
EA -
EA -
LF -
EA 12
LF -
LF
LF 200
EA 8
LS o
LF -
LF -
LF -
EA -
LS -
LF -
LF -
EA -
EA -
EA -
EA -
EA -
EA -
EA -
EA -
EA -
SF -
LF 2,300
SF
EA
EA
EA 6
EA
EA 4
LS 1
.SF
LS
LS 1
$ 110.00
$ 138.00
$ 2,750.00
$ 3,500.00
$ 9O0.00
$155,000.00
$ 225.00
$ 3,100.00
$110.00
$150.00
$ 25.00
$ 490.00
$ 10,000.00
$130.00
$125.00
$95.00
$825.00
$500.00
$ 190.00
$ 115.00
$ 2,100.00
$ 1,900.00
$ 1,100.00
$ 9,500.00
$ 3,500.O0
$ 9,500.00
$ 3,500.00
$ 3,500.00
$ 6,000.00
$ 4.75
$ 15.00
$ 6.00
$ 2,950.00
$ 16,500.00
$ 1,950.00
$ 525.00
$ 5,500.00
$ 5,000.00
$ 6.50
$3O0,00O.00
$ 5,0O0.00
Page 1 of 2
Attachment II
SAND HILL ROAD PROJECTS
COST ESTIMATE - SAND HILL ROAD PACKAGE #3 PALO ROAD
Plans Dated 12/28/98 from BKF
3rd Construction Cost Estimate
BID TGC
ITEM # ITEM #
43 9190
44 9200
45
46
47
’"48’"9220
49
50
51 9 3o
’52
"53 9240
55
56
57’
58
59 9031
60 9050
61 9201
62
63 9260
64
65
66 9090
67 9110
68 912i
69 9130
70 914071,9)50,
72 9210
73 9~5~
ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT
’;inish Roadway
Mobilization
AC Overlay w/2" Petromat
AC Leveling .........
AC Trench Paving 8" Deep Lift
Verticle Curb
Planter Curb
~CC Driveway @ Nordstrom
PCC Handicap Ramps
Valley Gutter
Redwood Header @ AC Edge
!Signal Modification ....
iTemp. Signal System
Construction Area Signs
’Relo. Existi’ Fire Hydrant
’Relocate Water Services
New roadway 5" A.C. over 11" CI 2 base rock
’Storm Drain System
General Conditions
Hydroseed
Pathlighting
Searsville Lighting @ Pathway "
Adjust existing Vault Covers
Sewer Line
Abandon sewer in place
Asphalt Concrete Sidewalk 2" Ac 16" AB
Bore & Jack Sewer Under Palm
Relocate Overhead Utility ( 1 pole)
Landscape/Irrigation(Minor)
AC Slot Pacthing at Hoover Lot
Swai’~ (Fig. At 10’ wide)
LS 1. $ 3,500.00
LS 1 $ 33,010.00
SF $2.25
TON $60.00sF$’6.00
LF 800 $16.00
LF $22.00
SF $9.00
EA 2 $650.00
SF $7.00
LF " 1,500 $ 4.75
EA $ 72,000:.00
EA....$ 39,000.00
LS $ 5,000.00
EA 5,250.00
EA $ 5,000.00
SF 41,300 $ 3.25
LS 1 $ 46,000.00
LS 1 $
SF $ 0.25
EA 10 $ 5,000.00
LF $ 77.00
EA $ 1,950.00
LF 2,300 $ 225.00
LS 1 $ 10,000.00’
SF 6,600 $ 3.50
LS 1 $ 69,000.00
L’S 1 $ 15,000.00
SF 77,000 $0.25
LF 900 $ 6.00
SF 9,000 $ 0.50
3 500
33010
.
.
12800
-
-
1,300
-
7,125
-
-
-
-
134,225
46,000
5o,oob
517,500
10,000
23,100
69,000
15,000
!9,250
5,400
4,500
PACKAGE #3 PALO ROAD TOTAL
CONTINGENCY @ 15%
$1,151,280
$ 172,692
GRAND TOTAL $1,323,972
Page 2 of 2
SAND HILL ROAD PROJECTS
At:achment II
COST ESTIMATE - SAND HILL ROAD PACKAGE #4 STOCKFARM ROAD
Plans Dated 12/28/98 from BKF
3rd Construction Cost Estimate
BID TGC
ITEM # ITEM #ITEM DESCRIPTION UNIT QUANTITY UNIT PRICEAMOUNT
1 4010 Clearing + Grubbing, Demolition LS 1
2 4020 Earthwork CY 4,200
3 12" RCP Storm Drain LF
4 18" RCP Storm Drain LF
5 i Field Drain Inlets EA
6 Storm Manholes EA
7 Demo Existing Street Lights EA
8 New Signal EA
9 i12" Sewer Line LF
10 Sewer Manholes EA
11 12" Water Line LF
12 Primary Power Trench LF
13 K-Rail LF
14 Crash Cushion EA
15 Temp Striping LS
16 42" RCP LF
17 24" RCP LF
18 21" CLIII RCP LF
19 12"/24"142" Tie-ins EA
20 12" Sewer Tie-in LS
21 10" Water Line LF
22 6" Water Line LF
23 12" Water Valves EA
24 Blowoff Assemblies EA
25 12" Tees EA
26 12" Offsets EA
27 Fire Hydrants EA -
28 8" Fire Services EA
29 2" Domestic Services EA -
30 2" Irrigation Services EA -
31 12" X 12" Tapping Sleeve & Valve EA
32 New roadway 5" A.C. over 17" Cl 2 base rock SF
33 4220 Concrete Curb & Gutter LF 2,600
34 Concrete Sidewalk SF
35 Curb Drain Inlets EA
36 Adjust exiting Vaults to grade EA
37 Adjust Utility Manholes, Values EA
38 4050 Street Electroliers EA 4
39 4060 Signing/Striping/Markers LS 1
40 Landscape & Irrigation SF
41 The Barn modification LS
42 4100 "" Traffic Control LS 1
43 4110 Finish Roadway LS 1
$9,500.00
$6.90
$ 110.00
$ 138.00
$ 2,750.00
$ 3,500.00
$ 9O0.00
$155,O00.00
$ 225.00
$ 3,100.00
$110.00
$150.00
$ 25.00
$ 490.00
$ 10,000.00
$130.00
$125.00
$95.OO
$825,00
$500.00
$190.00
$ 115.00
$ 2,100.00
$ 1,900,00
$ 1,100.00
$ 9,500.00
$ 3,500.0O
$ 9,500.00
$ 3,500.00
$ 3,500.00
$ 6,O00.00
$4.75
$15.00
$ 6.00
$ 2,950.00
$ 16,500.00
$ 525.00
$ 5,500.0O
$ 5,000.00
$ 6.50
$300,000.00
$ 4,OOO.0O
$ 5,000.00
9,500
28,980
.
-
.
-
.
.
-
39,000
-
22,000
5,000
4,000
5,000
Page 1 of 2
SAND HILL ROAD PROJECTS
COST ESTIMATE - SAND HILL ROAD PACKAGE #4 sToCKFARM ROAD
Plans Dated 12/28/98 from BKF
3rd Construction Cost Estimate
BID TGC
ITEM # ITEM #ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT
44 4120
45
46
47
48
49
50
51 4210
52
53 422O
54
55
56
57
58
59 4031
60 4040
61
62 4240
63 4250
64
65
66
67
68
69
7O
71
72
73
4071
4230
Mobilization LS
AC Overlay w/2" Petromat ’SF
AC Leveling TON
AC Trench Paving 8" Deep Lift SF
Verticle Curb LF
Planter Curb LF
PCC Driveway @ Nordstrom SF
PCC Handicap Ramps EA
Valley Gutter SF
Redwood Header @ AC Edge LF
Signal ModifiCation EA
Temp. Signal System EA
Construction Area Signs LS
Relo. Exist. Fire Hydrant EA
Relocate Water Services EA
New roadway 5" A.C. over 11" Cl 2 base rock SF
Storm Drain System LS
General Conditions LS
Hydroseed SF
Pathlighting EA
Searsville Lighting @ Pathway LF
Adjust existing Vault Covers EA
Sewer Line LF
Abandon sewer in place LS
Asphalt Concrete Sidewalk 2" AC / 6" AB SF
Asphalt Concrete Sidewalk 2" AC / 4" AB SF
Bore & Jack Sewer Under Palm LS
Relocate Overhead Utility ( 1 pole)LS
Landscape/Irrigation(Minor)SF
AC Slot Pacthing at Hoover Lot LF
Swale (Fig. At 10’ wide)SF
1 $ 19,429.68
2.25
60.00
6.00
16.00
22.00
9.00
650.00
7.00
4.75
72,000.00
39,000.00
5,000.00
5,250.00
5,000.00
3.25
44,750.00
0.25
.5,000.00
77.00
1,950.00
225.00
10,000.00
3.50
3.50
69,000.00
15,000.00
0.25
6.00
0.50
19,430
-
.
.
.
-
-
1,300
-
7,600
.
-
-
-
.
175,614
44,750
-
17,500
6O,00O
.
-
-
,16,800
6,320
462,793
69,419
532,212
PACKAGE #4 STOCK FARM TOTAL
CONTIGENCY @ 15 %
GRAND TOTAL
2
1,600
54,035
1
1
70,000
12
4,800
-
12,640
Page 2 of 2
SAND HILL ROAD PROJECTS
Attachment II
COST ESTIMATE - SAND HILL ROAD PACKAGE #7 VINEYARD LANE
Plans Dated 12/28/98 from BKF
3rd Construction Cost Estimate
BID TGC
ITEM # ITEM #
¯1 ’~010
2 6020
3
4
5
6 6070
7
8
9
10
12
"13 6170’~4 6180
15
"16
17
18
20
21
22
23
24
25
26
27
28
29
30
31
32 ’6030
33 6040
34 6050
35 6080
’36 ’6090
37 6100
38 6110
6120
39 6130
40 6140
41 6150
~2 6160
ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT
Clearing’+ Grubbing, Demolitio~LS
Earthwork CY
12" RCP Storm Drain LF
18" RCP Storm Drain LF
Field Drain I’nlets EA
Storm Manholes EA
Demo Ex.isting Street Lights EA
New Signal EA
12" Sewer Line LF
Sewer M~nholes EA
12" Water Lithe LF
Primary Power Trench LF
K-Rail LF
Crash Cushion EA
T.emp Striping LS
42" RCP LF
24" RCP LF
2i" CLIII RCP LF
12"/24"/42" Tie-ins EA
1’2" Sewer Tie-in LS
10" Water Line LF
6" Water Line LF
12" Water Valves .EA
Blowoff Assemblies EA
12" Tees EA
12" Offsets EA
Fire Hydrants ...EA
8" Fire Services EA
2" Domestic Services EA
2" Irrigation Services EA
12" X 12" Tapping Sleeve & Valve EA
New roadway 5" A.C. over 17" CI 2 base rock SF
Concrete Curb & Gutter LF
Concrete Sidewalk SF
Curb Drain Inlets EA
!Adjust exiting Vaults to grade EA
Adjust Utility Manholes, Values EA
Street Electroliers EA
Demo Existing Electroliers EA
Signing/Striping/Markers LS
Landscape & Irrigation ¯ SF
The Barn modification LS
Traffic Control LS
1 $ 43,000.00 $ 43,000
1,176 $ 6.90 $ 8,114
100 $ 110.00 $ 11,000
$ 138.00 $.
$ ’2,750.00 $-
1 $ 3,500.00 $ ....3,500
$ 900.00 $
$155,ooo.oo $
$ 225.00 $
$ 3,100.00 $
$110.00 $
$15o.oo $
800 $ 25.00 $ 20,000
8 $ 490.00 $ 3,920
$ 10,000.00 $
$13o.oo $
$125.00 $.-
-$95.00 $
-$825.00 $
-$soo.oo
-$ 190.00 $
-$ 115.00
-$ 2,100.00 $
-$ 1,900.00
-$ 1,100.00
-$ 9,500.00 $
-$ 3,500.00 $
-$ 9,500.00 $
-$ 3,500.00 $
-$ 3,5oo.oo
-S .6,000.00 S.
18,000 $ 4.75 $ 85,500
1,000 $ 15.00 $ 15,000
4,600 $ 6.00 $ 27,600
4 $ 2,950.00 $ 11,800
2 $16,500.00 $ ~3,000
6 i.$ 525.00 $ .... 3,150
4~$ 5,500.00 $ ~2,000
8 $ 900.00 S
1 $ 5,000.00 $ .5,000
7,800 $ 6.50 $ 50,700
1 $300,000.00 $ 390,000
1 $ 5,000.00 $ 5,000
Page 1 of 2
SAND HILL ROAD PROJECTS
Attachment II
COST ESTIMATE - SAND HILL ROAD PACKAGE #7 VINEYARD LANE
Plans Dated 12/28/98 from BKF
3rd Construction Cost Estimate
BID TGC
ITEM # ITEM #
43
44
4’5
47
48
49
50
51
52
5’5
56
58
59
60
62
64
65
66
68
70
71
72
73
.6190
6200
6210
6220
6230
6240
6250
6260
6270
628O
6290
6201
ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT
Finish Roadway LS
Mobilization LS
AC Overlay w/2" Petromat SF
AC Leveling TON
AC Trench Paving 8" Deep Lift SF
Verticle Curb LF
I Pianter Curb LF
!PCC Driveway @ Nordstrom SF
PCC Handicap Ramps EA
Valley Gutter SF
Redwood Header @ AC Edge LF
iSignal Modification EA
Temp. Signal System EA
Construction Area Signs LS
Relo. Exist. Fire Hydrant EA
Relocate Water Services EA
New roadway 5" A.C. over 11" Cl 2 base rock SF
Storm Drain System LS
General Conditions LS
Hydroseed SF
Pathlighting EA
Searsville Lighting @ Pathway LF
Adjust existing Vault Covers EA
Sewer Line LF
Abandon sewer in place LS
Asphalt Concrete Sidewalk 2" AC / 6" AB SF
Bore & Jack Sewer Under Palm LS
Relocate Overhead Utility ( 1 pole)LS
Landscape/irrigation(Minor)SF
AC Slot Pacthing at Hoover Lot LF
Swale (Fig. At 10’ wide)SF
1
1
20,000
600
2,400
900
60O
700
10
600
300
4,500.00
26,266.14
2.25
60.00
6.00
16.00
22.00
9.00
650.00
7.oo
4.75
72,000.00
39,000.00
5,000.00
5,250.00
5,000.00
3.25
46,000.00
0.25
5,000.00
77.00
1,950.00
225.00
10,000.00
3.50
69,000.00
15,000.00
0.25
6.00
0.50
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
,$
$
$
$
$
$
$
4,500
26,266
45,000
36,000
14,400
14,400
13,200
6,300
6,500
4,200
1,425
PACKAGE #7 VINEYARD TOTAL
CONTINGENCY @ 15%
GRAND TOTAL
$827,676
$124,151
$ 951,827
Page 2 of 2
Attachment II
SAND HILL ROAD PROJECTS
COST ESTIMATE - SAND HILL ROAD PACKAGE #8A UTILITIES
Plans Dated 12/28198 from BKF
3rd Construction Cost Estimate
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
45
46
47
Clearing + Grubbing, Demolition LS $186~500.00 $.
Earthwork CY $6.90 $-
12" RCP Storm Drain LF $110.00 $-
18" RCP Storm Drain LF 450 $138.00 $62r100
Field Drainlnlets EA 5 $2,750.00 $13r750
Storm Manholes EA $3,500.00 $-
Demo Existing Street Lights EA $900.00 $-
New Signal EA $155~000.00 $-
12" Sewer Line LF 1,820 $225.00 $409~500
Sewer Manholes EA $3,100.00 $
12" Water Line LF 5,530 $110.00 $608t300
Primary Power Trench LF $150.00 $
K-Rail LF $25.00 $
Crash Cushion EA $490.00 $-
Temp Striping LS $10,000.00 $
42" RCP LF 118 $130.00 $15~340
24" RCP LF 1854 $125.00 $231t750
21" CLIII RCP LF 535 $95.00 $50~825
12"i24"/42" Tie-ins EA 5 $825.00 $4~125
12" Sewer Tie-in LS 1 $500.00 $500
10" Water Line LF 80 $190.00 $151200
6" Water Line LF 312 $115.00 $351880
12" Water Valves EA 5 $2,100.00 $10T500
BlowoffAssemblies EA 2 $1,900.00 $31800
12" Tees EA 5 $1,100.00 $5~500
12" Offsets EA 6 $9,500.00 $57r000
Fire Hydrants EA 8 $3,500.00 $28~000
8" Fire Services EA 6 $9,500.00 $571000
2" Domestic Services EA 6 $3,500.00 $21~000
2" Irrigation Services EA 6 $3,500.00 $21~000
12" X 12" Tapping Sleeve & Valve EA 1 $6,000.00 $6~000
New roadway 5" A.C. over 17" CI 2 base rock SF $4.75 $
Concrete Curb & Gutter LF $15.00 $
Concrete Sidewalk SF $6.00 $
Curb Drain Inlets EA $2,950.00 $
Adiust exiting Vaults to grade EA $16,500.00 $
Adjust Utility Manholes, Values . EA $525.00 $
Street Electroliers EA $5,500.00 $
Sig ning/StripinglMarkers LS $15,000.00 $
Landscape & Irrigation SF $6.50 $
The Barn modification LS $300,000.00 $
Traffic Control LS $25,000.00 $
Finish Roadway LS $13,000.00 $
Mobilization LS $80,394.18 $
AC Overlay w/2" Petromat SF $2.25 $
AC Leveling TON $60.00 $
AC Trench Paving 8" Deep Lift $6.00 $
Page 1 of 2
SAND HILL ROAD PROJECTS
Attachment II
COST ESTIMATE - SAND HILL ROAD PACKAGE #8A UTILITIES
Plans Dated 12128/98 from BKF
3rd Construction Cost Estimate
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
verticle Curb LF
;Planter Curb LF
i PCC Driveway @ Nordstrom SF
PCC Handicap Ramps EA
Valley Gutter SF
Redwood Header @ AC Edge LF
ISignal Modification EA
!Temp. Signal System ,EA
Construction Area Signs LS
Relo. Exist. Fire Hydrant EA
Relocate Water Services EA
New roadway 5" A.C. over 11" CI 2 base rock SF
Storm Drain System,LS
General Conditions LS
~Hydroseed SF
!Pathlighting EA
Searsville Lighting @ Pathway LF
Adjust existing Vault Covers EA
Sewer Line LF
Abandon sewer in place LS
Asphalt Concrete Sidewalk 2" AC 1 6" AB SF
Bore & Jack Sewer Under Palm LS
Relocate Overhead Utility ( 1 pole)LS
Landscapellrrigation(Minor)SF -
AC Slot Pacthin~l at Hoover Lot LF -
Swale (Fig. At 10’ wide)SF -
$
$
$
$
$
$
$
$
$
1 $
3 $
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
16.00
22.00
9.00
650.00
7.00
4.75
72,000.00
39,000.00
5,000.00
5,250.00
5,000.00
3.25
90,750.00
0.25
5,000.00
77.00
1~950.00
225.00
lOrO00.O0
3.50
69,000.00
15~000.00
0.25
6.00
0.50
$
$
$
$
S
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
5~250
15r000
PACKAGE 8A UTILITIES TOTAL
CONTIGENCY @ 15%
$ 1,677,320
$ 251,598
GRAND TOTAL $ 1,928,918
Page 2 of 2
SAND HILL ROAD PROJECTS
Attachment II
COST ESTIMATE - SAND HILL ROAD PACKAGE # 8B ELECTRICAL UTILITIES
Plans Dated 12J28/98 from BKF
3rd Construction Cost Estimate
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
45
46
47
Clearing + Grubbing, Demolition LS
Earthwork CY
12" RCP Storm Drain LF
18" RCP Storm Drain LF
Field Drain Inlets EA
Storm Manholes EA
Dem0 Existing Street Lights EA
New..Signal EA
12" Sewer Line LF
Sewer Manholes EA
12" Water Line LF
Primary Power Trench LF
K-Rail LF
Crash cushion EA
Temp Striping LS
42" RCP LF
24" RCP LF
21" CLIII RCP LF
12"/24"142" Tie-ins EA
12" Sewer Tie-in LS
10" Water Line LF
6" Water Line LF
12" Water Valves EA
Blowoff Assemblies EA
12" Tees EA
12" Offsets EA
Fire Hydrants EA
8" Fire Services EA
2" Domestic Services EA
2" Irrigation Services EA
12" X 12" Tapping Sleeve & Valve EA
New roadway 5" A.C. over 17" Cl 2 base rock SF
Concrete Curb & Gutter LF
Concrete Sidewalk SF
Curb Drain Inlets EA
Adiust exiting Vaults to grade EA
Adjust Utility Manholes, Values EA
Street Electroliers EA
Signing/Striping/Markers LS
Landscape & Irrigation SF
The Barn modification LS
Traffic Control LS
Finish Roadway LS
Mobilization LS
AC Overlay w/2" Petromat SF
AC Leveling TON
AC Trench Paving 8" Deep Lift
24
7,010
-
. $-
-
$.
$
$$
$
$
$$
$$
$
$
$
$
$$
$
$
$$
$
$
$$
$-
-
-
-
$
$
$
$
$$
$
$
$$
186~500.00
6.90
110.00
138.00
2,750.00
3,500.00
900.00
155~000.00
225.00
3,100.00
110.00
150.00
25.00
490.00
10,000.00
130.00
125.00
95.00
825.00
500.00
190.00
115.00
2,100.00
1,900.00
1,100.00
9,500.00
3,500.00
9,500.00
3,500.00
3,5OO.O0
6,000.00
4.75
15.00
6.00
2,950.00
16,500.00
525.0O
5,500.00
15,000.00
6.50
300,000.00
25,000.00
13,000.00
80,394.18
2.25
60.00
6.00
$-
$-
$-
$-
$-
$21~600$-
$-
$-
$-
$ 1~051~500
$ -
$ -
$ -
$
$$ -
$ -
$ -
$$ -
$
$
$
$$
$
$
$$
$
$$
$$
$$
$$
$
$$
$
$
Page 1 of 2
SAND HILL ROAD PROJECTS
COST ESTIMATE - SAND HILL ROAD PACKAGE # 8B ELECTRICAL UTILITIES
Plans Dated 12128198 from BKF
3rd Construction Cost Estimate
48
49
50
51
52
53
54
55
56
57
68
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
Verticle Curb LF
Planter Curb LF
PCC Driveway @ Nordstrom SF
PCC Handicap Ramps EA
iValle~/Gutter SF
:Redwood Header @ AC Edge LF
i Signal Modification EA
Temp: Signal System EA
iConstruction Area Signs LS
Relo. Exist. Fire Hydrant EA
I Relocate Water Services EA
New Foadway 5" A.C. over 11" CI 2 base rock SF
Storm Drain System LS
General Conditions LS
~ H)~droseed SF
i Pathlighting EA
!Searsville Lighting @ Pathway LF
iAdjust existing Vault Covers EA
~Sewer Line LF
Abandon sewer in place LS
!Asphalt Concrete Sidewalk 2" AC 1 6" AB SF
Bore & Jack Sewer Under Palm LS
Relocate Overhead Utility ( 1 polel LS
Landscape/Irrigation(Minor)SF
AC Slot Pacthing at Hoover Lot LF
Swale (Fig. At 10’ wide)SF
600
6
16.00 $
22.00 $
9.00 $
"~5o.oo $
7.00 $
4.75 $’72~000.00 $
39,000.00 $
5,ooo,oo $
5,250.00 $
5,000.00 $
3.25 $
90,750.00 $
.
0.25 $
5,000.00 $
77.00 $ 46~200
1~950.00 $11~700
225.00 $
10~000.00 $
3.50 $
69,000.00 $
15~000.00 $
0.25 $
6.00 $
o.5o $
PACKAGE 8B ELECTRICAL UTILITIES TOTAL
CONTINGENCY @ 15%
$ 1,131,000
$ 169,650
GRAND TOTAL $1,300,650
Page 2 of 2
SAND HILL ROAD PROJECTS
Attachment II
COST ESTIMATE - SAND HILL ROAD PACKAGE #10 EL CAMINO REAL
Plans Dated 12/28/98 from BKF
3rd Construction Cost Estimate
BID ITEM
#
1
.2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
ITEM DESCRIPTION UNIT UANTIT .UNIT PRICE AMOUNT
Clearing + G~ubbing, Demolition
Earthwork
12" RCP Storm Drain
18" RCP Storm Drain
Field Drain Inlets
Storm Manholes
Demo Existing Street Lights
New Signal
12" Sewer Line
Sewer Manholes
=12" Water Line
;Primary Power Trench
K-Rail
Crash Cushion
Temp Striping
42" RCP
24" RCP
21" CLIII RCP
12" Sewer Tie-in
10" Water Line
=6" Water Line
12" Water Valves
Blowoff Assemblies
12" Tees
12" Offsets
Fire Hydrants
8" Fire Services
2" Domestic Services
~2" Irrigation Services
;12" X 12" Tapping Sleeve & Valve;New ’roadway 5" A.C. over 17" CI 2 base rock
IConcrete Curb & Gutter
Concrete’ Sidewalk
Curb Drain Inlets
IAdjust exiting Vaults to grade
Adjust Utility Manholes’ Values
Street Electroliers
~igning/Striping/Markers
Landscape & Irrigation
The Barn modification
Traffic Control
Finish R~adway
Mobilization
LS
CY
LF
LF
EA
EA
EA
EA
LF
EA
LF
LF
LF
EALS
LF
LF
LF
EA
LS
LF
LF
EA
EA
EA
EA
EA
EA
EA
EA
EA
SF
LF
SF
EA
EA
EA
EA
LS
SF
LS
LS.
LS
LS
1
39,750
3,810
35
5
6
3,200
20
21
186,500.00
6.90
110.00
138.00
2,750.00
3,5O0.00
900.00
155,000.00
225.00
3,100.00
110.00
150.00
25.00
490.00
10,000.00
130.00
125.00
95.00
825.00
5OO.OO
190.00
115.00
2,100.00
1,900.00
1,100.00
9,500.00
3,500.00
9,500.00
3,5O0.O0
3,5O0.00
6,0O0.00
4.75
15.00
6.00
2,950.00
16,500.00
525.OO
5,5oo.o
15,000.00
6.50
300,000.00
25,000.00
13,000.00
80,394.18
186,500
274,275
419,100
122,500
775,000
18,600
80,000
9,800
.°
6’1,950
.
.
.
5,ooo
.
80,394
Page 1 of 2
SAND HILL ROAD PROJECTS
COST ESTIMATE - SAND HILL ROAD PACKAGE #10 EL CAMINO REAL
Plans Dated 12/28/98 from BKF
3rd Construction Cost Estimate
BID ITEM
#
45
46
47
48
49
5O
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
ITEM DESCRIPTION UNIT UANTIT UNIT PRICE AMOUNT
$
$
$
$
$
$
$
$
1 $
3 $
$
$
1 $
$
$
$
$
$
$
$
$
$
$
$
$
2.25
60.00
6.00
16.00
22.00
9.00
650.00
7.00
4.75
72,000.00
39,000.00
5,000.0O
5,250.00
5,000.00
3.25
90,750.00
0.25
5,000.00
77.00
1,950.00
225.00
10,000.00
3.50
69,000.00
15,000.00
0.25
6.00
0.50
.
.
-
.
-
-
-
.
72,000
117,000
5,000-
-
-
-
.
--
.
.
-
.
-
-
-
-
.
.
AC Overlay w12" Petromat SF
AC Leveling TON
AC Trench Paving 8" Deep Lift SF
Verticle Curb LF
Planter Curb LF
PCC Driveway @ Nordstrom SF
PCC .Handicap Ramps EA
Valley Gutter SF
Redwood Header @ AC Edge LF
Signal Modification EA
Temp. Signal System EA
Construction Area Signs LS
Relo. Exist. Fire Hydrant EA
Relocate Water Services EA
New roadway 5" A.C. over 11" CI 2 base rock SF
Storm Drain System LS
General Conditions LS
Hydroseed SF
Pathlighting EA
Searsville Lighting @ Pathway LF
Adjust existing Vault Covers EA
Sewer Line LF
Abandon sewer in place LS
Asphalt Concrete Sidewalk 2"/~C / 6" AB SF
Bore & Jack Sewer Under Palm LS
Relocate Overhead Utility ( 1 pole)LS
Landscape/Irrigation(Minor)SF
AC Slot Pacthing at Hoover Lot LF
Swale (Fig. At 10’ wide)SF
$ 2,247,119
$ 337,068
PACKAGE 10 EL CAMINO REAL TOTAL
CONTINGENCY @ 15%
$ 2,584,187GRAND TOTAL
Page 2 of 2
Attachment II
SAND HILL ROAD PROJECTS
COST ESTIMATE - SAND HILL ROAD PHASE 2 IMPROVEMENTS
Plans Dated 12128198 from BKF
3rd Construction Cost Estimate
BID ITEM
#ITEM DESCRIPTION
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
45
46
47
48
UNIT UANTIT UNIT PRICE AMOUNT
+ Grubbing, DemolitionClearingHEarthwork
New roadway 5" A.C. over 17" CI 2 base rock
Vertical Curb (6" face 18" height)
Curb & Gutter (CPA Type A)
Bus Duckouts
Exposed Concret~ Crosswalks
Stamped Concrete -median island
Curb Drain inlets
Break/Enter Existi.ng Storm Drain
Storm Manholes (Over ex 84" RCP)
Adjust Exist. Vault Covers
Adjust PAC Bell Vault.s
Street Electroliers
Temp. Signal System
Gas Main (6")
Signing/Striping/Markers
Asphalt Concrete Sidewalk 2.5" AC 14" base rock
Temp. Ped/Bike Path
Water line Receiving Station
Receiving Station(Hetch Hetchy Landscape. Screening)
Water line conn. @ He~ch Hetchy fee / Allowance
Jack & Bore 12" Water across El Camino
Bore 6" gas under El Camino
Bore 6’° Gas under railraod track @ Palo Alto Ave
Install Gas on Palo Alto Ave to Bryant
Connect Gas @ Bryant
Traffic Control
Construction Area Signs
K-Rail
Crash Cushion
Temp Striping
Finish Roadway
Vlobilization
15" RCP
12" RCP
S. D. Manhole
12" Water Valves
10" Water Valves
Blow Off Assemblies
12" Tees
12" Offsets
Fire Hydrants
8" Fire Services
2" Domestic Services
2" Irrigation Services
12" X 12" Tapping Sleeves
Sewer Manhole .
LS 1
CY 24,800
SF 353,000
LF 16,317
LF 17,450
SF 17,860
SF 4,OO0
SF 7,500
EA 26
EA 1
EA 3
EA 22
EA 2
EA 34
EA 3
LF 8,200
LS 1
SF 56,000
SF 74,400
LS 1
LS 1
LS 1
LF 200
LF 200
LF 200
LF 1,600
LS 1
LS 1
LS i
LF 5,700
EA 48
LS 1
LS 1
LS 1
LF 94
LF 839
EA 5
EA 5
EA 1
EA 3
EA 1
EA’3!
EA 6
EA 5
EA 5
EA 5
EA 1
EA 1
285,000.00
9.90
3.50
12.00
13.50
9.50
10.50
10.00
2,950.00
3,400.00
12,050.00
1,950.00
120,000.00
5,500.00
42,000.00
69.00
75,000.00
3.50
2.50
250,000.00
10,000.00
75,000.00
59O.00
590.00
215.00
72.00
9,000.00
129,000.00
14,500.00
25.00
490.00
5,000.00
59,100.00
239,902.67
98.00
101.00
2,500.00
2,000.00
1,650.00
1,850.00
1,100.00
10,500.00
3,500.00
9,400.00
3,500.00
3,500.00
6,000.00
4,100.00
285,000
245,520
1,235,500
195,804
235,575
169,670
42,000
75,000
76,700
3,400
36,150
42,900
240,000
187,000
126,000
565,800
75,000
196,000
186,000
250,000
10,000
75,000
118,000
118,000
43,000
115,200
9,00O
129,000
14,500
142,500
23,520
5,000
59,100
239,903
9,212
84,739
12,500
10,000
1,650
5,550
1,100
31,500
21,000
47,000
17,500
17,500
6,000
4,100
Page 1 of 2
SAND HILL ROAD PROJECTS
COST ESTIMATE - SAND HILL ROAD PHASE 2 IMPROVEMENTS
Plans Dated 12/28/98 from BKF
3rd Construction Cost Estimate
BID ITEM
#ITEM DESCRIPTION UNIT
49
50
.51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
4" Gas
A.Co Overlay (2" AC over Petromat)
A.C. Leveling Course
Dig out and patch with 6" Deep lift A.C.
Crack Seal Overlay Area
PCC ’DITCH @ Retaining Wall
PCC Sidewalk (CPA std 141)
Adjust Exist. SD, SS, H20, MH &V
Remove Exist. Pipe!CB’s
New ’Signal
Gas Connect @ Oak AP
City Gas Connect
Keystone Retaining Wall (360’x6’)
PCC Handicap Ramps
Redwood Header
Adjust Exist. Vaults, SD & SS
Signal Modification
PAC Bell Infrastructure
Various Existing Sewer Removals
LF
]’ON
DAY
LS
EA
EA
LS
SF
EA
LF
LS
UANTIT
23016 ,o0o,,
1,00016,8o
4
500
41,918
99
1
3
6
1
2,100
58
3,753
5
1
145
1
UNIT PRICE
69.00
1.15
69.00
4.50
3,900.00
12.50
4.90
490.00
11,800.00
155,000.00
4,900.00
9,800.00
70.00
850.00
4.75
7,200.00
155,000.00
135.00
7,500.00
AMOUNT
$15,870
$193,200
$69,000
$75,600
$15,600
$6,250
$205 398
$48.510
$11,800
$465,000
$29,400
$9,800
$147,000
$49,300
$17,827
$36,000
$155,000
$19,575
$7,500
PHASE 2 BID TOTAL
CONTINGENCY @ 15%
$7,417,723
$1,112,658
GRAND TOTAL $ 8,530,381
Page 2 of 2
SAND HILL ROAD PROJECTS
Attachmeut II
COST ESTIMATE - SAND HILL ROAD PHASE 3 IMPROVEMENTS
Plans Dated 12i28/98
3rd Construction Cost Estimate
BID ITEM
#
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
ITEM DESCRIPTION UNIT UANTIT UNIT PRICE AMOUNT
Clearing + Grubbing, Demolition
Earthwork (Truck and Backhoe)
A.C. Overlay (2" AC over Petromat)
Dig out and patch w/6" deep lift
New roadway 5" A.C. over 12" CI 2 base rock
qew 2" ac over 10" PCC
Curb & Gutter
Concrete Sidewalk
Stamped Concrete - median island
12" Storm Drainage
Storm Manholes
Curb Drain Inlets
Street Electroliers
Signal Modification
New Signal Installation
Signing/Striping/Markers
Landscaping / Irrigation
Traffic Control
K-Rail
Crash Cushions
Screen wall 8’ high @ Substation
Relocate Power Poles
Finish Roadway
Mobilization
Vertical Curb
Bus Duck-Out
Driveway
Handicap Ramps
AC Slot / Paving
15" RCP Storm Drain
Remove existing CB tie-in
Abandon Existing S.D. inplace
Relocate Existing Fire Service
Relocate Existing Water Service
Relocate Existing Landscape Service
Relocate Existing Street Lights
A.C. Leveling Course
Crack Seal Overlay Area
PCC Cross Walk
AC Tie-ins (complete; R&R)
Adjust Sewer System Manholes
Adjust Utility Vault Cover
Primary Power Trench
Demo Exist. Electorliers
LS 1 575,000.00
CY 10400 15.00
SF 400000 1.20
SF 40,000 4.95
SF 172,808 3.90
SF 4,600 25.00
LF 16,200 15.00
SF 54,200 6.00
SF 2,000 10.00
LF 1,333 110.00
EA 15 2,500.00
EA 16 2,950.00
EA 30 5,500.00
LS 1 320,000.00
EA 4 155,000.00
LS 1 72,500.00
SF 275,284 5.50
LS 1 140,000.00
LF 4,000 25.00
EA 58 490.00
LS 1 10,000.00
EA 5 116,000.00
LS 1 43,000.00
LS 1 201,600.80
LF 17100 14.00
SF 9300 9.00
SF 350 9.50
EA 12 850.00
SF 6000 3.00
LF 585 110.00
LS 1 2,200.00
EA 70 550.00
EA 6 5,000.00
EA 6 2,500.00
EA 6!2,200.00
EA 6 8,400.00
TON 1,700 70.00
DAY 5 3,900.00
SF 3,000 16.00
SF 5,000 7.25
EA 2 500.0O
EA 5 1,950.00
L~=900 116.00
EA 8 900.00
575,000
156,000
48O,OOO
198,000
673,951
115,000
243,000
325,200
20,000
146,630
37,500
47,200
165,000
320,000
620,000
72,500
1,514,062
140,000
lOO,OOO
28,420
10,000
580,000
43,000
201,601
239,400
83,700
3,325
10,200
18,000
64,350
2,200
38,500
30,000
15,000
13,200
50,40O
119,000
19,500
48,000
36,250
1,000
9,750
104,400
7,200
Page 1 of 2
SAND HILL ROAD PROJECTS
COST ESTIMATE - SAND HILL ROAD PHASE 3 IMPROVEMENTS
Plans Dated 12/28198
3rd Construction Cost Estimate
BID ITEM
#
45
46
47
48
49
5O
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
ITEM DESCRIPTION UNIT UANTIT UNIT PRICE AMOUNT
Landscape (Hydroseed only)
Sewer 15" PVC
Sewer Manholes
Water Line 12" C-900 CL 200
12" Valves
4" Gas (Sand Hill Road to Welch).
Gas Connection @ Welch
Remove and Reconstruct Dec. Wood Fence
New Entry Hardscape - Pasteur
PCC Median Curb
PCC Bus Pad
Blow-Off Assemblies
12" Tees
12"; Offsets
Fire Hydrants
8" Fire Services
2" Domestic Services
2" Irrigation Service
Adjust Exist. Vaults
Signal Removal @ Shopping Center (Jug Handle)
Temp. Signal System
Temp. Striping/Reconfig.
Wood Mulch Area
Construction Area Signs
Type G-2 Inlet
Cap / Modifiy Existing Inlets
Reseed + Irrig. Oak Creek Apartments’ Lawn
Construct BMP Grass Swale
Ronald McDonald Entrance Landscape
SF 101,564
LF 1,200
EA 5
LF 1~771
EA 4
LF 760
LS 1
LF 500
LS 1
LF 875
S’F 1860
EA 1
EA 1
EA 2
EA 3
EA 1
EA 1
EA 1
EA 18
EA 1
LS 1
LS 1
SF 26,000
LS 1
EA 9
LS 1
SF 20,000
SF 40,000
LS 1
0.50
210.00
3,200.00
198.00
1,650.00
69.00
10,500.00
30.00
100,000.00
16.00
9.50
1,850.00
1,100.00
9,500.00
3,500.00
9,400.00
3,500.00
3,500.00
50,000.00
20,000.00
85,000.00
15,000.00
2.50
4,500.00
2,350.00
3,200.00
2.50
3.25
10,000.00
50,782
252,000
16,000
350,658
6,600
52,440
10,500
15,000
100,000
14,000
17,670
1,85o
1,100
19,000
10,500
9,400
3,500
3,500
900,000
.20,000
85,000
15,000
65,000
4,500
..21,150
3,200
50,000
130,000
10,000
PHASE 3 BID TOTAL
CONTINGENCY @ 15 %
$9,963,789
$1,494,568
GRAND TOTAL $ 11,458,357
Page 2 of 2
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:
OFFICE OF THE CITY ATTORNEY
250 Hamilton Avenue
Palo Alto, CA 94301
SAND HILL CORRIDOR
MAINTENANCE AGREEMENT
THIS MAINTENANCE AGREEMENT is entered into on
, 1999, by and between the CITY OF PALO ALTO, a
chartered city of the State of California (hereinafter "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 (hereinafter ~Stanford").
RECITALS:’
THIS MAINTENANCE AGREEMENT (this "Agreement") is entered
into on the basis of the following facts, understandings and
intentions of the parties:
i. The parties entered into a Development Agreement on
August 14, 1997, for the development of Property within City’s
jurisdiction, as described in Exhibit A to that Agreement (the
~Property"). Said Exhibit is incorporated herein by this
reference.
2. Stanford is the developer of the projects defined in
Section l(k) of the Development Agreement (the ~Project").
3. Stanford has applied for, and the City has granted
certain approvals and entitlements described and defined.in Section
i(i) of the Development Agreement (the "Project Approvals")
relating to the development of the Property. The Project Approvals
require that Stanfordconstruct and maintain certain improvements
and enter into this Agreement. The Project Approvals include:
(a) CEQA Compliance (Resolution No. 7685);
(b)1997 Comprehensive P~an Amendments (Resolution
Nos. 7686-7690);
990514 lac 0090146
Attachment III
(c)1997 Zoning Ordinance Amendments (Ordinance
Nos. 4426-4432);
(d)1997 Tentative Map (Approved June 30, 1997);
(e)Architectural Review Approvals (Approved
June 30, 1997)
4. The 1997 Comprehensive Plan Amendments, the 1997
Zoning Ordinance Amendments, the 1997 Tentative Map, and the other
entitlements were adopted and approved by the City Council subject
to specific conditions set forth in Exhibit "E" to the Development
Agreement (the ~Conditions of Approval"). Said Exhibit is
incorporated herein by this reference.
5. Subsequent to the 1997 Project Approvals, Stanford,
in accord with the 1997 Conditions of Approval, obtained the
following design approvals following hearings before the
Architectural Review Board:
(a)Stanford West Apartments (January 22, 1999 and
March 5, 1999)
(b)Stanford Shopping Center (December 18, 1998
and February 5, 1999)
(c) Roadway (February 5, 1999 and March 5, 1999)
Stanford will apply for a fourth design approval for the Senior
Housing Project subsequent to the effective date of this Agreement.
These four design approvals are collectively known as the
"Subsequent Approvals."
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing, the
parties agree as follows:
Section I. TERM
The term of this Agreement shall commence upon its
execution by the parties, and shall continue for so long as
Stanford or its successors and assigns own and operate the Project.
The obligation to maintain any particular improvement may terminate
earlier as provided in Section i0 below.
Section 2. GENERAL OBLIGATIONS
After completion of construction of a Project improvement
listed below and at all times thereafter, Stanford, at its sole
cost and expense, shall maintain and repair the improvement. A map
showing the areas in which the improvements to be maintained are
990514 lac 0090146
2
Attachment III
located is attached hereto as Exhibit "A" and incorporated herein
by this reference. The improvements are:
(a) Any special pavement
easements or in public streets;
within public utility
(b) All publicly accessible improvements located within
private streets, within areas subject to public access easements,
or both;
(c) All improvements located within public recreational
access easements (PRAEs) shown on Tract Map 9139.
(d) Storm sewer catch basins and associated storm sewer
pipes within private streets subject to public access agreements;
(e) All landscaping installed within public rights of
way (including median strips) for Sand Hill Road, E1 Camino Real
(excluding landscaping on the north side of E1 Camino Real adjacent
to E! Camino Park), Quarry Road and Arboretum Road pursuant to
Conditions of Approval as elaborated by Subsequent Approvals.
Section 3. LANDSCAPE MEDIAN COST REIMBURSEMENT
Notwithstanding anything to the contrary herein, the City
shall annually reimburse Stanford an amount equal to the cost that
would be incurred by the City to maintain the median landscaping
along Sand Hill Road from its intersection with Arboretum Road to
the City limits at San Francisquito Creek. The reimbursement rate
for 1999 is $0.12 per square foot per year. Beginning on January
i, 2000, the rate shall be adjusted to reflect increases in the
CPIo The adjustment shall be based on the percentage change in the
Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers
in San Francisco-Oakland Standard Metropolitan Statistical Area
(1982-84 = i00)) during the preceding calendar year. The median
area subject to this payment is approximately fifty-five thousand
(55,000) square feet. The final determination of square footage
shall be made from the as built drawings prepared at the conclusion
of construction. Payment shall be made in July of each year for
the previous fiscal year.
Section 4. TRAFFIC SIGNAL COST REIMBURSEMENT
Stanford shall reimburse the City for one-quarter of the
annual costs of maintenance of the traffic signals installed at the
two intersections of Sand Hill and Stock Farm Roads and of Quarry
and Palo Roads. Reimbursement shall be determined in accordance
with the annually published City of Palo Alto Electric Utilities
Rate Schedule for Signal Maintenance, (currently identified as
Schedule E-16). Payment shall be made in July of each year for the
previous fiscal year.
990514 lac 0090146
3
Attachment III
Section 5. AGREEMENT WITH THE STATE
The City of Palo Alto is required to enter into a
maintenance agreement or encroachment permit with the State of
California Department of Transportation (CalTrans) for maintenance
of signals, sidewalks and landscaping installed pursuant to Project
Approvals and Subsequent.Approvals, plans, and conditions on E1
Camino Real between Quarry Road and Sand Hill Road. Pursuant to
Section 2(e) of. this Agreement, Stanford is responsible for
maintenance of the E1 Camino Real landscaping excluding landscaping
on the north side of E1 Camino Real adjacent to E1 Camino Park.
City will exercise its best efforts in negotiations with CalTrans
to obtain its agreement that such maintenance may be performed by
Stanford under the terms of this Agreement. Stanford may, or may
not be able to directly maintain the E1 Camino Real landscaping
depending on the willingness of CalTrans to have a non-public
agency contractor handle maintenance in the State right-of-way. If
CalTrans is unwilling to permit Stanford to maintain the E1Camino
Real landscaping, the City and Stanford shall enter into an
agreement whereby a contractor is hired to maintain the E1 Camino
Real landscaping to Stanford’s maintenance standards. If the
contractor is paid by the City, Stanford shall annually reimburse
the City for the amounts paid.
Section 6. MAINTENANCE PERFORMANCE STANDARDS FOR PUBLIC ACCESS
EASEMENTS AND PUBLIC RECREATIONAL ACCESS EASEMENTS
Stanford shall perform the maintenance required by
Section 2 of this Agreement in conformance with the following
standards:
a.Pavement
Seal coat during first 5 to 7 years following
project acceptance.
°,
Subsequent to the first seal coat, pavement
will be evaluated, maintained and/or repaired
based on Metropolitan Transportation
Commission approved pavement maintenance .
management system.
Fix potholes (base repairs) within five to ten
days following notification by the City or a
member of the public or discovery during
inspection of the site by Stanford’s
maintenance staff or contractor.
Restripe parking bays and traffic or
pedestrian lanes with pavement delineation
every 5 to 7 years, or more frequently as
needed for visibility and safety.
o Replace striping and pavement legends
following resurfacing or seal coat treatment.
990514 lac 0090146
4
Attachment III
o After reported flooding, clear and remove
debris from blocked catch basins and pipelines
within private streets.
Repaint, as necessary, Storm Water Pollution
Prevention logo on catch basins that flow to
San Francisquito Creek.
Restore special paving within public utility
easements or public streets following
replacement or repair of utilities. Special
paving is paving other than that described in
the City of Palo Alto Standard Drawings and
~Specification (1992).
Sweeping
Sweep roads and paved bicycle and pedestrian
paths monthly or more frequently as necessary
for removal of tree leaves.
Sidewalks/Bike Paths
o
Repair sidewalks exhibiting potential tripping
hazards within 14 days following notification
by the City or a member of the public or
discovery during inspection of the site by
Stanford’s maintenance staff or contractor.
Repairs shall be in accordance with City
standard specifications. Barricades shall be
temporarily placed over the hazard area until
temporary repairs are completed and pedestrian’
safety is assured. If weather or other
conditions do not permit an immediate
permanent repair, temporary repairs shall be
made within the above 14-day time frame and
the permanent repairs shall be completed
within 180 days of initial notification or
discovery.
Remove hazards along paths (for example,
broken glass, nails, obstructions, downed tree
limbs) as soon as possible on the same day,
but no later than 24 hours, following
notification by the City or a member of the
public or discovery during inspection of the
site by Stanford’s maintenance staff or
contractor.
°For the unpaved bicycle and pedestrian path
adjacent to San Francisquito Creek on the
Apartment site, maintain a level and sale
travel service. Repairs of potential tripping
hazards shall occur with 14 days following
notification by the City or a member of the
990514 lac 0090146
Attachment III
public or discovery during inspection of the
site by Stanford’s maintenance staff or
contractor.
d.Signage-Monument, Directional/Wayfinding, Regulatory
(per vehicle code).
Inspect signage every month and if found to be
damaged or vandalized repair or replace within
two weeks. However, State Vehicle Code-
related regulatory signs and street
identification shall be replaced or repaired
within 24 hours following notification by the
City or a member of the public or discovery
during inspection of the site by Stanford’s
maintenance staff or contractor.
Lights
Repair or replace street lights within seven
days of notification by the City, member of
the public or a member of the Stanford’s
maintenance staff or contractor.
o Repair or replace damaged poles within seven
days following notification by the City or a
member of the public or discovery during
inspection of the site by Stanford’s
maintenance staff or contractor.
f o
Repair or replace lighting for monument or
wayfinding signs within seven days following
notification by the City or a member of the
public or discovery during inspection of the
site by Stanford’s maintenance staff or
contractor.
Landscaping
All landscaping within City’s public right of
ways or subject to public access easements or
public recreational access easements shall be
watered, fertilized and cared for. At a
minimum the following shall occur:
i)Prune and trim shrubs and trees as
needed.
ii)Weed, feed, clip and trim ground cover.
iii)Replace dead trees, shrubs or ground
cover.
(iv)Maintain irrigation system, including
controller. Broken or leaking pipes or
990514 lac 0090146
6
Attachment
valves shall be repaired immediately
following notification by City.
(v) Mulch annually.
go Graffiti
Remove all graffiti within five days following
notification by the City or a member of the
public or discovery during inspection by
Stanford’s maintenance staff or contractor.
no Pavers and/or Integral Concrete
Unegen pavers that are raised or lowered for
any reason, shall be leveled out if the paver
edge exceeds a differential settlement of ~-
inch.
(i)Immediately upon such trip hazard
notification following notification by
the City or a member of the public or
discovery during inspection of the site
by the Stanford’s maintenance staff or
contractor, barricades shall be
temporarily placed over the hazard
area.
(ii)Permanent repairs shall be made within
14 days following notification by City
or member of the public or discovery
during inspection of the site by
Stanford’s maintenance staff or
contractor.
i.Tree Grates
Tree grates shall remain even with the edge
material. In the event a grate edge or corner
is raised or lowered for any reason, it shall
be promptly leveled out if the differential
settlement exceeds M-inch.
Barricade and repair procedure shall be as
outlined in Item h above.
If the trunk of the tree grows to the point of
touching the grate, the grate opening shall be
enlarged or replaced to accommodate further
growth.
Section 7. WAIVER AND RELEASE
It is acknowledged by the parties that City would not
have entered into the Development Agreement and this Agreement if
990514 lac 0090146
Attachment III
it were to have liability in damages under this Agreement, or with
respect to this Agreement or the application thereof. The parties
intend by the provisions of this Section 7 that City shall have no
liability for damages arising out of a breach of this Agreement.
Each of the parties hereto may pursue any remedy at law
or equity available for the breach of any provision of this
Agreement, including but not limited to temporary or permanent
injunctive relief or restraining orders, except that City shall
have no liability in damages to Stanford during the term of this
Agreement or thereafter with respect to any acts which are alleged
to have commenced or occurred during the term of this Agreement.
The parties further acknowledge that money damages and
remedies at law generally are inadequate and specific performance
is an appropriate remedy for the enforcement of this Agreement and
should be available to all parties for the following reasons:
(a)
provided above.
Money damages against City are excluded as
(b) Due to the size, nature and scope of the
project, it may not be practical or possible to restore the
Property to its original condition once implementation of the
Development Agreement has begun. After such implementation,
Stanford may be foreclosed from other choices it may have had to
utilize the Property or portions thereof. Stanford has invested
significant time and resources and performed extensive planning and
processing of the Project in agreeing to the terms of the
Development Agreement and will be investing even more significant
time and resources in implementing the Project in reliance upon the
terms of the Development Agreement, and it is not possible to
determine the sum of money which would adequately compensate
Stanford for such efforts.
All legal actions shall be heard by a reference from the
Santa Clara County Superior Court pursuant to Code of Civil
Procedure Section 638, et seq. Stanford and City shall agree upon
a single referee who shall then try all issues, whether of fact or
law, and report a finding and judgment thereon and issue all legal
and equitable relief appropriate under the circumstances of the
controversy before him. If Stanford and City are unable to agree
on a referee within ten (I0) days of a written request to do so by
either party hereto, either party may seek to have one appointed
pursuant to Code of Civil procedure Section 640. The cost of such
proceeding shall initially be borne equally by the parties. Any
referee selected pursuant to this Section 7 shall be considered a
temporary judge appointed pursuant to Article 6, Section 21 of the
California Constitution.
Section 8. INDEMNIFICATION
Stanford shall hold City, its officers, agents, employees
and representatives, harmless and shall defend and indemnify City,
its officers, agents, employees and representatives from liability
990514 lac 0090146
8
Attachment
for damages 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 in relation to the
performance, or the failure to perform maintenance pursuant to this
Agreement. This hold harmless section applies to all damages and
claims for damages suffered or alleged to have been suffered by
reason of the maintenance referred to in this Agreement, regardless
of whether or not City prepared, supplied or approved plans or
specifications or both.
City 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 7.
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.
Section 9. INSURANCE
a. Stanford shall, at its sole cost and expense,
maintain in full force and effect during the term of this Agreement
insurance coverage for itself naming the City, its officers, agents
and employees as an additional insured concerning Stanford’s
performance under this Agreement, in the following amounts:
Comprehensive General Liability
including Bodily Injury and
Property Damage Liability
$i,000,000 per occurrence
Combined Single Limit
Workers Compensation/Employer
Liability
$i,000,000 per occurrence
b. Alternatively, Stanford shall require any and all
contractors for Stanford retained to perform obligations of
Stanford under this Agreement to obtain and maintain insurance
coverage of the same nature, amount, and quality during the course
of their performance of such services, naming the City as an
additional insured under such policies as described above.
c. Commencing in the fifth year of this Agreement, and
every five years thereafter, the coverage amount shall be adjusted
in accordance with a change in the Consumer Price Index [All Urban
Consumers] (base years 1982-1984 = i00) for the San Francisco-
Oakland-San Jose CSMA ("CPI") published by the United States
990514 lac 0090146
Attachment II!
Department of Labor, Bureau of Labor Statistics ("Index"), which is
published most immediately preceding the commencement of the
contract year.
d. All insurance coverage required hereunder will be
provided through carriers with Best’s Key Rating Guide ratings of
A:X or higher which are admitted to transact insurance business in
the State of California. Alternatively, Stanford may secure
coverage through a program of self-insurance.
e. Certificates of such insurance or self-insurance
will be filed with City concurrently with the execution of this
Agreement. The certificates will be subject to the approval of
City’s Risk Manager and will contain an endorsement stating that
the insurance is primary coverage and wil! not be canceled or
altered by the insurer except after filing with the City’s City
Clerk thirty (30) days’ prior written notice of such cancellation
or alteration, and that the City of Palo Alto is named as an
additional insured except in policies of workers’ compensation,
employer’s liability, and professional liability insurance.
Current certificates of such insurance will be kept on file at all
times during the term of this Agreement with the City Clerk.
f. The procuring of such required policy or policies
of insurance will not be construed to limit Stanford’s liability
hereunder nor to fulfill the indemnification provisions of this
Agreement. Notwithstanding the policy or policies of insurancei
Stanford will be obligated for the full and total amount of any
damage, injury, or loss caused by or directly arising as a result
of the Services performed under this Agreement, including such
damage, injury, or loss arising after the Agreement is terminated
or the term has expired.
Section i0. DESTRUCTION OF IMPROVEMENTS ON PROPERTY
If any improvements listed above in Section 2 are totally
or partially destroyed from any cause, rendering them totally or
partially inaccessible or unusable in accordance with the terms of
the easements in favor of the public, the damage shall be repaired
and public access restored in all cases, unless the parties by
mutual agreement elect not to repair or restore. Stanford shall
restore such damaged portion to substantially the same condition as
they existed immediately before destruction, in so far as
practicable. If the parties elect not to repair or restore the
damage, Stanford shall be relieved of its responsibilities and
obligations under this Agreement to the extent they are
inconsistent with the election. Nothing herein shall relieve
Stanford of those parts of this Agreement which are not
inconsistent with the election.
Section ii. DEFAULT BY STANFORD
The occurrence of any event set forth below shall
constitute a default under this Agreement and shall entitle the
City to declare a material breach of this Agreement, but only after
990514 lac 0090146
10
Attachment
the City has provided written notice to Stanford describing: (i)
such failure to comply with the terms and conditions of this
Agreement (referred to herein as a ~Default"), (ii) whether the
Default can be cured, (iii) the actions, if any, required by
Stanford to cure such Default, (iv) the time period within which
such Default must be cured; and (v) the following appeal process:
Stanford may appea! the determination to the City Council by
written notice given within ten (i0) days of delivery of the
written notice to it. If the default can be cured: (i) for
obligations described in Paragraphs 6(a) (3), 6(b), 6(c), 6(d),
6(e), 6(g), 6(h), and 6(i) (2), Stanford shall have the time periods
described in the relevant section after the date of such notice to
cure the default. Provided, in the event that such Default cannot
be cured within such period, Stanford shall have within that time
have commenced the actions necessary to cure the Default and shall
be diligently proceeding to complete such actions necessary to cure
such default. If the Default can be cured for any other
obligation, Stanford shall have at a minimum 90 days after the date
of such notice to cure such Default, or in the event that such
Default cannot be cured within such 90-day period but can be cured
within one (i) year, Stanford shall have commenced the actions
necessary to cure such Default and shall be diligently proceeding
to complete such actions necessary to cure such Default within 90
days from the date of the notice.
iioi ~Stanford fails to perform any of its
obligations hereunder in a timely manner, including the making of
timely repairs or replacements.
11.2 Stanford delays the performance of any of its
obligations which in the opinion of City’s Director of Public Works
or his or her designee, endangers persons or property.
11.3 Stanford is adjudged a bankrupt, or makes a
general assignment for the benefit of Stanford’s creditors.~
Section 12. REMEDIES FOR DEFAULT
In the event of a material breach by Stanford and a
failure to timely cure as provided in Section ii, at its option,
City may serve written notice upon Stanford that Stanford is in
breach of this Agreement, and thereafter elect to exercise any and
all rights and remedies reserved to City under this Agreement or by
law. This shall include the right of City, at its option, to
perform any work, repairs, or replacements, and Stanford shall pay
to City the actual cost of such work, repairs or replacements. Any
such performance by City shall be conducted on behalf of Stanford
without releasing Stanford of any liability therefor. Stanford
represents and warrants that it shall pay to City, upon demand, any
such costs and expenses, including those costs and fees set forth
in Section 19~
990514 lac 0090146
11
Attachment III
Section 13. TIME OF THE ESSENCE
The parties hereto agree that in the performance of this
Agreement time is of the essence.
Section 14. COVENANTS RUNNING WITH THE LAND
The terms and conditions of this Agreement shall run with
the land and shall apply to, and shall bind, the heirs, successors,
executors, administrators, assigns, tenants, and contractors of the
parties.
Section 15. RECORDATION
Upon execution of this Agreement, City shall cause this
Agreement to be recorded in the Office of the Recorder of the
County of Santa Clara, California.
Section 16. AMENDMENTS
This Agreement may be amended by a written document
signed and approved by the City Manager and the Executive Vice
President Real Estate of Stanford Management Company or other
person designated by the Executive Vice President Real Estate or
authorized by Stanford.
Section 17. NOTICES
Unless otherwise specified in this Agreement, all notice
hereunder shall be given in writing and mailed, postage prepaid, by
certified mail, addressed as follows:
To City:Office of the City Clerk
City of Palo Alto
250 Hamilton Avenue
Palo Alto, CA 94301
Copy to:Director of Public Works
City of Palo Alto
250 Hamilton Avenue
Palo Alto, CA 94301
To Stanford:Stanford Management Company
Attention: Executive Vice President
For Real Estate
2770 Sand Hill Road
Menlo Park, CA 94025
Copy to:Office of the General Counsel
105 Encina Hall
Stanford, CA 94305
The address of a party may be changed from time to time by written
notice given to the other party in the manner set forth herein.
Notices given in the manner set forth herein shall be deemed
990514 lac 0090146
12
Attachrnent~~
received five days after deposit in the mail. Notices also may be
delivered personally and if so, shall be deemed received upon
delivery.
Section 18. WAIVER
The waiver of any breach or violation of any term,
covenant, provision, or condition of this Agreement, or of any
ordinance or law, shall not be deemed to be a waiver of any other
breach or violation or subsequent breach or violation of the same
or of any other term, covenant, provision, condition, ordinance or
law.
Section 19. COSTS AND ATTORNEYS’ FEES
The prevailing party in any action brought to enforce the
covenants, terms, provisions, or conditions of this Agreement may
recover from the other party its reasonable costs and attorneys’
fees expended in connection with such action as may be awarded by
a court of competent jurisdiction.
Section 20. SEVERABILITY
If a court of competent jurisdiction finds or rules that
any provision of this Agreement is void or unenforeceable, the
other provisions of this Agreement shall remain in effect.
Section 21. INTERPRETATION AND DISPUTE RESOLUTION
This Agreement is intended to implement the terms of the
Development Agreement and the Project Approvals, as defined
therein, and is not intended to, and shall not be construed to
limit Stanford’s rights thereunder. In the event of any dispute
regarding the meaning of this Agreement, it shall be interpreted,
if possible, in a manner that gives full effect to the provisions
of this Agreement as well as those of the Development Agreement.
If that is not reasonably possible, the provisions of the
Development Agreement shall control. Disputes between the parties
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990514 lac 0090146
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Attachment III
arising from this Agreement shall be adjudicated as provided in
Section 7.
IN WITNESS WHEREOF, the parties hereto have by their duly
authorized representatives executed this Contract on the date first
above written.
ATTEST:CITY OF PALO ALTO
City Clerk Mayor
APPROVED AS TO FORM:
Senior Asst. City Attorney
APPROVED:
City Manager
THE BOARD OF TRUSTEES OF THE
LELAND STANFORD JUNIOR
UNIVERSITY
Director of Administrative
Services
Director of Public Works
Taxpayer Identification No.
Risk Manager
ATTACHMENT
990514 lac 0090146
14
Attachment III
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code S 1189)
On ~.[]~I< , 1999, before me, ~[~<{~S ,
a Notary Public ~n 9~hd for said County and State," personally
appeared O~L’/’~% ~(’~;~ ~1,~’~" , personally known to me
or proved to me on the ba~s 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
Comm. #1075205 ~t
NOTARY PUBLIC - CALIFORNI~
SAN MATEO COUNTYComm. 15, 1999 -"
990514 lac 0090146
15
X
Attacllment 111
I1
i
Attachment III~
Attachment III
./
Attachment III
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Attachment 111
Attachment
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:
OFFICE OF THE CITY ATTORNEY
250 Hamilton Avenue
Palo Alto, CA 94301
AGREEMENT AND DECLARATION OF COVENANTS AND RESTRICTIONS
Stanford West Apartments
A.P.N. No. 142-02-007
This Agreement and Declaration of Covenants and
Restrictions (~Declaration") is made by The Board of Trustees of
Leland Stanford Junior University, a body having corporate powers
under the laws of the State of California ("Stanford") for the
benefit of the City of Palo Alto, a chartered city and municipal
corporation (~City")as of May __,1999 with reference to the
following facts:
A. Stanford is the owner of certain real property (the
~Property")located in the City of Palo Alto, Santa Clara County,
California,described as Lots i, 2, and 3 on Tract Map No. 9139
recorded in Book of Maps of the Official Records of Santa
Clara County as pages.(the "Map.")
B. Stanford and City entered into a development
agreement on August 14, 1997 ("Development Agreement") for the.
development of the Project defined in the Agreement. Pursuant to
Condition No. 3 of the Conditions of Approval for Tentative
Subdivision Map Covering the Stanford West Apartment Housing, the
Stanford West Senior Housing and the Sand Hill Road Extension,
Widening and Related Roadway Improvement Projects (94-SUB-6), which
conditions are attached as Exhibit E to the Agreement, Stanford has
agreed and is required to protect certain land between the Stanford
West Apartment Housing and San Francisquito Creek more particularly
described below (the "Restricted Area") from future development in
a manner acceptable to the City Attorney.
C.The Development Agreement also requires the
implementation of certain environmental mitigations adopted by the
City Council, including Mitigation Measure 4.7-3, which requires
that Stanford take certain steps to preserve grassland within the
Restricted Area.
990514 lac 0090182
1
Attachment IV
D. Stanford acknowledges and agrees that the covenants
and restrictions in this Declaration are reasonable and were
bargained for in exchange for benefits received by Stanford.
Stanford further acknowledges and agrees that City would not have
approved the Project but for Stanford’s agreement not to develop
the Restricted Area and to assure °that this agreement not to
develop would be binding upon its successors and assigns.
NOW, THEREFORE, Stanford declares and covenants that:
i. Subject Property. The Property shall be burdened by
the restrictions hereinafter set forth, which shall run with the
Property and be binding upon the successors and assigns of
Stanford, and that the Property shall be held, used, sold,
conveyed, pledged, mortgaged and leased subject to and in
accordance with the following restrictions:
a. Restricted Area. The Restricted Area is that
portion of Lots i, 2 and 3 of Tract Map No. 9139 denoted
thereon as "Restricted Area: Use Controlled By An
Agreement and Declaration of Covenants and Restrictions
Recorded Immediately Subsequent to the Filing of This
Map."
b. Permitted Uses and Structures. The Restricted Area
shall be maintained as an open space area and restored
grassland. Stanford covenants and agrees that it will at.
all times maintain the Restricted Area as an open space
area and restored grass land and wooded area, subject to
its primary use as an archaeological site by Stanford
students and faculty in connection with their academic
pursuits, and that it will not make, or suffer to be
made, any improvements within the Restricted Area except
the following:
Grading, excavation, and minor temporary
structures and improvements necessary or
desirable for archaeological resource
protection,study and maintenance.
ii.A recreational trail and bicycle path within
the Public Recreational Access Easement
(P.R.A.E.) shown on Tract Map No. 9139.
iii.A bicycle and pedestrian trail within the
Public Access Easement (PoA.E.) shown on Tract
Map No. 9139.
iv.Unpaved pedestrian paths between the Stanford
West Apartments and the PRAE.
Vo Creek maintenance activities within the Santa
Clara Valley Water District maintenance
easement shown on Tract Map No. 9139.
990514 lac 0090182
ARachmenl
vi.Improvements incidental.to the restoration and
maintenance of a grassland, as approved by the
City.
.vii.Improvements incidental to the restoration and
maintenance of a wooded area adjacent to San
Francisquito Creek, as approved by the City.
viii.Viewpoints, interpretive signs, and displays
as approved by City.
ix.Operation, maintenance, repair and improvement
of two existing water wells and structures
incidental to their operation.
2. Prior Easements. The Restricted Area is subject to
certain prior easements shown on Tract Map No. 9139. Nothing in
this Declaration shall limit the right of Stanford or the holders
of such easements to use these easements for the purposes described
therein.
3. Assumption by Transferee.Stanford and any
~Permitted Transferee", as hereinafter defined, agree and covenant
not to transfer the Property except to a person or entity that
expressly assumes all of the obligations of Stanford hereunder. A
"Permitted Transferee" is any person or entity that agrees in
writing to assume all of the obligations of Stanford hereunder.
4. Enforcement, Legal Expenses, and Term. City shall
have the right to pursue any remedy at law or equity, including but
not limited to temporary or permanent injunctive relief or
restraining orders, to secure Stanford’s compliance with the
agreements, covenants and restrictions in this Declaration. If a
legal action or proceeding is brought by City because of any
default of Stanford or to enforce a provision of this Declaration,
the prevailing party therein shall be entitled, in addition to any
other relief, to recover reasonable attorneys’ fees and court costs
from the losing .party as determined by the court in which said
action or proceeding is pending.
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990514 |ac 0090182
Attachment IV
This Declaration is made for the benefit of City and is
enforceable by it, and it shall not be amended, modified or revoked
without the written consent of City. Provided, this Declaration
shall expire and terminate when Stanford lawfully demolishes the
entire Stanford West Apartment Housing Project (as defined in the
Development Agreement).
IN WITNESS WHEREOF, Stanford and City have executed this
Agreement and Declaration of Covenants and Restrictions as of May
, 1999.
ATTEST:
City Clerk
CITY OF PALO ALTO
By:
Mayor
APPROVED AS TO FORM:
City Attorney
THE BOARD OF TRUSTEES OF THE LELAND
STANFORD JUNIOR UNIVERSITY
By:
Its:
9905t4 lac 0090182
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
STATE OF
COUNTY OF
)
)
)
On ~"-~-.X-,V--,\~Iclqqan ’ before
me, l~ ~’~ ~~ ~,~ ~ % ,
-a notary publicj ~h for said County, personally appeared
~tL:¢~-> ~t~tl.~-, personally known to me
(or proved to me on t~ basis of satisfactory evidence) to be the
person(s) whose name(s~ is/are s~scribed 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 m/~.ad~ and o~ff~cial
/
seal.
Comm, #1075205 ~
~NOTARY PUBLIC. CALIFORNIAU~
SAN MATEO COUNTY
Comm, Exp. Oct. 15, 1999
990514 lac 0090182
5