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HomeMy WebLinkAbout1999-11-15 City Council (5)City of Palo Alto City Manager’s Report 2 TO:HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: CITY MANAGER DATE:NOVEMBER 15, 1999 CMR: 407:99 SUBJECT:QUARRY ROAD WIDENING AND PASTE~ DRIVE RELOCATION- AGREEMENTS WITH SANTA CLARA COUNTY AND STANFO~ UNIVERSITY REGARDING CONSTRUCTION OF THE ROADWAYS REPORT IN BRIEF As part of the Sand Hill Corridor Roadways project, Quarry Road will be widened to accommodate four travel lanes and Pasteur Drive will be relocated. Portions of the widening and relocation construction will occur on land that is currently in unincorporated Santa Clara County but which will ultimately be annexed to the City of Palo Alto. It is recommended that the road widening and relocation construction be undertaken before the processing of the annexation. To accomplish the work, agreements are needed with Santa Clara County and Stanford University. The County agreement provides consent for City assumption of construction oversight and traffic enforcement for the unincorporated portion of the rights-of- way. The Stanford agreement memoralizes Stanford’s obligations to design and construct the widened Quarry Road and relocated Pasteur Drive; assist with the annexation of the widened right-of-way; and provide the City with a roadway easemem for the additional right- of-way. CMR:407:99 Page 1 of 3 RECOMMENDATION It is recommended that the City Council approve the attached agreements with the City of Santa Clara and Stanford University. BACKGROUND On June 30, 1997, the City Council approved a series of public and private improvements for the Sand Hill Corridor, including widening of Quarry Road to four lanes from Arboretum Road to E1 Camino Real. A portion of the widened Quarry Road from Palo Drive to E1 Camino Real and most of the relocated Pasteur Drive is on land currently outside the City of Palo Alto. The unincorporated areas will be annexed to the City and are identified in the maps attached to the agreement with Santa Clara County. DISCUSSION Relocation of Pasteur Drive is scheduled for the 2000 construction season. The Quarry Road widening will be undertaken in 2001. The most appropriate time to annex to the City the widened portion of the rights-of-way is when construction is completed and a precise survey of the construction can be undertaken. Having annexation occur after construction is completed means that the annexation documents can be most accurate. To have the construction occur prior to annexation results in either the City and County having dual plan check and construction supervision roles or for one agency to take the lead role. In this case, since the road will become a City street, the preferred arrangement is for the City to assume responsibility for the plan check and construction supervision tasks. The attached agreement with Santa Clara County results in the City assuming these responsibilities. The agreement also allows for City enforcement of traffic regulations on the County portion of the Sand Hill Road right-of-way. The second agreement is between the City and Stanford University. This agreement identifies Stanford’s construction and annexation duties. The agreement also identifies the form of the easement that Stanford will provide the City for the widened Quarry Road and relocated Pasteur Drive. ALTERNATIVES TO STAFF RECOMMENDATION The alternatives to approval of the agreements are either to undertake the construction with County supervision of the road construction in unincorporated Santa Clara County or for the annexation process to be completed prior to the start of construction. RESOURCE IMPACT The costs associated with the widening of Quarry Road and relocation of Pasteur Drive will be paid for by Stanford University under the recommendation or any of the alternatives. CMR:407:99 Page 2 of 3 POLICY IMPLICATIONS The Quarry Road and Pasteur Drive relocation widening projects are consistent with adopted City policy including the Comprehensive Plan and the Sand Hill Corridor Development Agreement approved by the City Council in 1997. TIMELINE The agreement with Santa Clara County is scheduled for the December 7, 1999 Board of Supervisors meeting. The Pasteur Drive relocation will start in the Spring of 2000. The Quarry Road widening will start in the Spring of 2001. ENVIRONMENTAL REVIEW All of the actions identified in his staff report are consistent with the Certified Sand Hill Corridor Environmental Impact Report. No further environmental review is required. ATTACHMENTS Attachment 1" Attachment 2: Agreement between the City and Stanford University Agreement between the City and Santa Clara County PREPARED BY: LEGAL REVIEW BY: Kenneth R. Schreiber, Deputy City Manager/Special Projects Wynne S. ,~h, Senior Asst. Attorney CITY MANAGER APPROVAL: FLEMING Manager Stanford Mana Company (Bob Reidy, Bill Phillips, Jim Inglis) City of Menlo Park (Jan Dolan) County of Santa Clara (Ann Draper, Jim Lewis) CMR:407:99 Page 3 of 3 Attachment 1 AGREEMENT BETWEEN THE CITY OF PALO ALTO AND THE BOARD OF TRUSTEES OF THE LELAND STANFORD JUNIOR UNIVERSITY REGARDING THE IMPROVEMENT OFQUARRY ROAD AND PASTEUR DRIVE AND PROVIDINGFOR THE MAINTENANCE THEREOF THIS-AGREEMENT, made and entered into on the day of , 1999, by and between the City of Palo Alto, a municipa! corporation of the State of California ("City") and the Board of Trustees of the Leland Stanford Junior University, a body having corporate-powers under the laws of the State of California ("Stanford"). RECITALS: A. Stanford University and the City of Palo Alto have entered into a Development Agreement, dated August 14, 1997, recorded December 3, 1997, in the records of Santa Clara County as document 13962429, [approved on July 14, 1997, by Ordinance 4433] (the ~Development Agreement") for a series of improvements known as the Sand Hill Corridor Projects. B. One aspect of the approved Sand Hill Corridor Projects is the widening of Quarry Road and re!ocation of Pasteur Drive (~the Roadway Improvements"). C. Most of the Quarry Road Roadway Improvements Project is on land within the City of Palo Alto but a porZion of the Roadway Improvements Project is located in unincorporated Santa Clara County and is identified in Exhibit ~A~, attached hereto and incorporated by reference. D. Most of the Pasteur Drive Relocation Project is on land located in unincorporated Santa Clara County but a portion of the Relocation Project is located in the City of Palo Alto and is identified in Exhibit ~B", attached hereto and incorporated by reference. E. Quarry Road and Pasteur Drive are operated and maintained by the City. City’s property interest in Quarry Road and Pasteur Drive is in the form of roadway easements granted to the City by Stanford. Stanford will grant an additional roadway easement to the City for the widened portion of Quarry Road and relocated portion of Pasteur Drive. 991102 lac 0090380 1 F. Stanford and the City will request annexation of the unincorporated Santa Clara County portion of the widened Quarry Road and relocated Pasteur Drive upon completion of the Roadway Improvements. G. Stanford has requested t~at the City assume responsibility for overseeing the Roadway Improvements Project. In order to fulfill that request, the City must enter into an agreement with the County and obtain the County’s consent. City is willing to agree to Stanford’s request in consideration of the terms and conditions hereinafter set forth; NOW, THEREFORE, the parties hereto do hereby agree as follows: i. County Agreement. The City hereby agrees to seek the consent of the County to City’s assumption of responsibility for the Roadway Improvements, and to enter into an agreement with the County to that effect. To this end, the City has negotiated an agreement with County staff (the "County Agreement") in the form set forth in Exhibit "I" The County Agreement is currently scheduled for approval by the County’s Board of Supervisors on December 7, 1999. 2. The Roadway Improvements Project. Stanford, at its sole cost and expense, shall design, construct and complete the Roadway Improvements Project to the reasonable satisfaction of the City. City shall, at Stanford’s expense and consistent with the Development Agreement, inspect the road improvement work. 3. Annexation. During construction of .the Roadway Improvements Project, Stanford and the City shall cooperatively initiate proceedings to annex the entire unincorporated portions of Quarry Road and Pasteur Drive added by the Roadway Improvements Project to the City. Stanford shall pay all fees and engineering and surveying costs required for the annexation process and work cooperatively with the City to complete the annexation. 4. Easement.Upon completion of the Roadway Improvements Project, and as a condition to acceptance of the project by City, Stanford shall grant to City roadway easements for the new street areas added by the Roadway Improvements Project. The easements shall be in substantially the form attached hereto as Exhibit "2" 5. Completion of the Roadway Improvements Project.~ Stanford shall complete the Roadway Improvements Project consistent with the Development Agreement including subsequent City design review and administrative approvals. City shall notify the County of completion of the Roadway Improvements Project when the Roadway Improvements Project is ready for City acceptance. 991102 lac 0090380 2 6. Hold Harmless. Pursuant to Section 15 of the August 14, 1997 Development Agreement, Stanford agrees to and shall hold City, its officers, agents, employees and representatives, harmless and shall defend and indemnify City, its officers, agents, employees and representatives from liability for damage or claims for damage for persona! injury, including death, and claims for property damage which may arise from the operations of Stanford, or its contractors, subcontractors, agents, employees or other persons acting on its behalf with regard to the Roadway Improvements Project. This hold harmless Section applies to all damages and claims for damages suffered or alleged to have been suffered by reason of the operations referred to in this Agreement, regardless of whether or not City prepared, supplied or approved plans or specifications or both. In addition to the foregoing, Stanford agrees to pay all costs, expenses, resultant charges, and damages, including but not limited to attorney’s fees, incurred by or imposed upon City as a result of any litigation attacking this Agreement or any aspect of the Project. City agrees to and shall hold Stanford, its officers, agents, emp!oyees 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 shal! be construed to allow damages against City for breach of this Agreement or as otherwise limited by Section 12 of the Development Agreement. In the event a claim is filed with either party for which indemnification is claimed under this paragraph, the party seeking indemnification shall give notice to the indemnifying party of the full particulars of the claim promptly after learning of same. The party seeking indemnification shall not settle such a claim after a demand for indemnification has been made without the consent of the indemnifying party, which consent shall not be unreasonably withheld. 7. Time of Approval. If the County Board of Supervisors has not approved the County Agreement by April 30, 2000, this agreement shall terminate. 8. Term of Agreement. This Agreement shall commence as of the date it is entered into and shall continue until June 30, 2002 unless earlier terminated by mutual agreement of the parties. 9. Entire Agreement. This agreement constitutes the entire agreement between the parties hereto with respect to the matters referred to herein and shall not be modified or amended except in a writing duly executed by the parties hereto. 991102 lac 0090380 i0. Notices. All notices required or provided for under this Agreement shall be in writing and shall be delivered personally or by overnight courier service or sent by certified or registered mail, return receipt requested. Any notice given by: (i) personal delivery, (ii) recognized overnight national courier service, or (iii) registered or certified mail, return receipt requested, shall be deemed to have been duly given and received upon receipt. follows: City: // II II II II II II II II Notices to the parties shall be addressed as City Manager City of Palo Alto 250 Hamilton Avenue Palo Alto, California 94301 With a copy to: City Attorney City of Palo Alto 250 Hamilton Avenue Palo Alto, California 94301 Stanford: Stanford Management Company 2770 Sand Hill Road Menlo Park, California 94025 With a copy to: Office of the General Counsel Stanford University 105 Encina Hall Stanford, California 94305 4 991102 lac 0090380 Any notice so delivered shall be effective upon the date personal delivery or, in the case of mailing, on the date delivery as shown on the U. S. Postal Service return receipt. of of Any party may change its address for notice by giving ten (I0) days’ notice of such change in the manner provided, for in this paragraph. IN WITNESS WHEREOF, CITY and STANFORD have executed this Agreement on the day and year written above. THE CITY OF PALO ALTO, a municipal corporation of the State of California By: Gary Fazzino, Mayor ATTEST: THE BOARD OF TRUSTEES OF THE LELAND STANFORD JUNIOR UNIVERSITY, a body having corporate powers under the laws of the State of California By: Type Name: Its: City Clerk APPROVED AS TO FORM: Senior Asst. City Attorney APPROVED: City Manager Director of Public Works Attachments:Exhibit "i" (County Agreement form) Exhibit "2" (Easement form) 991102 lac 0090380 5 CERTIFICATE OF ACKNOWLEDGEMENT (Civil Code § 1189) STATE OF ) COUNTY OF ) On , 1999, before me,, a Notary Public in and fo~ said County and State, personally appeared personally known to me or proved to me on the basis of evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public EXHIBIT "i" Attachment 2 AGREEMENT DATED , 1999 BY AND BETWEEN THE COUNTY OF SANTA CLARA AND THE CITY OF PALO ALTO RELATINGTO THE IMPROVEMENT AND MAINTENANCE OF PASTEUR DRIVE AND QUARRY ROAD This Agreement is entered into , 1999 by and between the COUNTY OF SANTA CLARA, referred to as ~COUNTY" and the CITY OF PALO ALTO, referred to as ~CITY" for the improvement and maintenance of Sand Hill Road. RECITALS: WHEREAS, the CITY owns, within its corporate limits, public streets, known as Quarry Road and Pasteur Drive; and WHEREAS, the CITY has certified an Environmental Impact Report for the Sand Hill Corridor Project including the widening of Quarry Road and the relocation of a portion of Pasteur Drive; and WHEREAS, portions of the planned widening of Quarry Road and relocation of Pasteur Drive will extend outside the corporate limits of the CITY, and into unincorporated jurisdiction of the COUNTY; and WHEREAS, Stanford University will construct the Quarry Road and Pasteur Drive roadway improvement project consistent with CITY approvals and regulations; and WHEREAS, the CITY has indicated its intention to annex into the CITY the unincorporated portions of the Quarry Road and Pasteur Drive rights-of-way as shown on Exhibit "A" and Exhibit ~B" attached hereto and incorporated by reference; and WHEREAS, it is desirable that the annexation of the unincorporated portions of the right-of-way occur after completion of construction to ensure the accuracy of legal descriptions; and WHEREAS, Section 21105 of the Vehicle Code permits the CITY’s enforcement of CITY traffic regulations on roads, or portions of them within COUNTY jurisdiction upon the agreement of both local agencies; and WHEREAS, CITY has requested that COUNTY consent to CITY’s assumption of COUNTY’s responsibilities for the supervision and oversight of the Quarry Road and Pasteur Drive road construction activities that will occur in COUNTY; and 991102 lac 0090379 1 WHEREAS, CITY has further requested that COUNTY consent to the CITY’s enforcement of traffic regulations on the entire portion of Quarry Road and Pasteur Drive in Santa Clara County; and WHEREAS, COUNTY staff has preliminarily indicated its willingness to recommend that COUNTY’s Board of Supervisors consent to the two (2) aforementioned requested items from CITY: NOW, THEREFORE, the parties hereto agree as follows: SECTION i. CONSENT I.I COUNTY consents to CITY’s supervision and oversight of Stanford’s construction work on Quarry Road and Pasteur Drive. In addition, COUNTY consents to CITY’s enforcement of CITY’s traffic regulations on the entire portion of Quarry Road and Pasteur Drive to be constructed by Stanford. 1.2 The COUNTY hereby gives its consent to the CITY to widen Quarry Road and relocate Pasteur Drive, and to enforce CITY’s traffic laws and regulations on and within Quarry Road and Pasteur Drive, the widened or relocated portions of which will be outside the corporate limits of CITY and within the politica! jurisdiction of COUNTY. It is understood and agreed that the construction work to be done pursuant to this agreement shall be performed by or under contract to Stanford University. SECTION 2. MAINTENANCE 2.1 The CITY shall be responsible for maintaining Quarry Road and Pasteur Drive, and specifically, that widened portion of Quarry Road and relocated Pasteur Drive within the political jurisdiction of COUNTY, in a safe condition, and in accordance with generally recognized standards for the maintenance of CITY streets. SECTION 3. NOTICE OF COMPLETION 3.1 CITY shall either give COUNTY written notice of the date that al! construction has been completed, or written notice that Stanford has posted an acceptable bond or other security and completion agreement with CITY for the work remaining to be constructed. All notices shall be personally delivered or given by mailing the same by registered or certified mail, postage prepaid, addressed as follows: 991102 lac 0090379 2 Department of Planning and Development Attn: Gary Rudholm, Secretary, ASA Committee 70 West Hedding Street 7th Floor, East Wing San Jose, California 95510 or to such other place as COUNTY may designate by written notice. SECTION 4. INDEMNIFICATION. CITY shall indemnify, hold harmless, reimburse and defend COUNTY from any and all liability, damages, loss, costs and obligations, including court costs and reasonable attorneys’ fees, arising out of any claim, suit, judgment, loss or expense occasioned by, but not limited to, injury or death of any person or persons, or loss or damage to any property, arising out of the act or omission of CITY’s officers, agents, employees, invitees or contractors or the alleged dangerous condition of the road. SECTION 5. NO COST TO COUNTY. The work to be done pursuant to this agreement, including traffic enforcement, construction and the continuing maintenance of Quarry Road and Pasteur Drive, shall be done at no cost to the COUNTY. // // // // // // // // // // // // // // // 991102 lac 0090379 3 SECTION 6. ENTIRE AGREEMENT. This agreement to which it corresponds, constitutes the entire agreement by and between the parties relative to the improvement and maintenance of Quarry Road and Pasteur Drive. Any other prior or contemporaneous oral or written agreements by and between the parties or their agents or representatives relative to such construction are revoked and extinguished. IN WITNESS WHEREOF, COUNTY and CITY have executed this Agreement as follows: COUNTY CITY Chairperson, Board of Supervisors County of Santa Clara Mayor City of Palo Alto ATTEST:ATTEST: Clerk, Board of Supervisors City Clerk, City of Palo Alto APPROVED AS TO FORM AND LEGALITY: APPROVED AS TO FORM: Deputy County Counsel Senior Assistant City Attorney 991102 lac 0090379 4 EXHIBIT "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: REAL ESTATE DIVISION 250 Hamilton Avenue Palo Alto, CA 94301 EASEMENT THIS GRANT OF EASEMENT and agreement is made and entered into as of , by and between THE BOARD OF TRUSTEES OF THE LELAND STANFORD JUNIOR UNIVERSITY, a body having corporate powers under the laws of the State of California ("Grantor") and THE CITY OF PALO ALTO ("Grantee"). W I T N E S S E T H: i. For valuable consideration, receipt of which is hereby acknowledged, Grantor does hereby grant and convey unto Grantee, its successors and assigns an easement for street and roadway purposes (the "Easement") over and across the parcels of the lands of Grantor situated in the County of Santa Clara, State of California and more particularly described in Exhibit A attached hereto and incorporated herein by this reference (the ~Easement parcels"). The Easement includes a non-exclusive right to install, maintain and operate over, across and under the aforesaid parcels of property pipes, poles, conduits, wire and appurtenant facilities necessary or useful in the transmission, distribution and furnishing of electricity, gas, water, telephone, telecommunications and other public utility services (collectively "utility facilities"); provided, however, that any facilities installed by Grantee pursuant to this grant shall not interfere with or impede the use of any property or facilities of Grantor. 2. Grantor shall not be responsible nor have any liability for any inspection, maintenance or repair of the Easement parcels or any improvements thereon except as provided in separate written agreements between Grantor and Grantee for maintenance. 3. Grantor reserves the right to install and maintain private utility, facilities, including pipes, poles, wire, conduits and appurtenant facilities on the Easement parcels, subject to compliance with all applicable governmental requirements, including 991102 lac 0090141 1 obtaining necessary permits and approvals, and paying required fees, and provided that Grantor shall not interfere with or impede the use of any property or facilities of Grantee. 4. Upon non-use of the Easement for the purposes described in Paragraph 1 over and across anyor all of the Easem4nt parcels for a period of two consecutive years, all right, title and interest of Grantee, its successors and assigns, in and to this Easement over and across the parcel or parcels not so used shall revert to Grantor, its successors and assigns; provided that Grantor shall give Grantee written notice that, due to non-use, the Easement or portion thereof will terminate pursuant to this Paragraph 4 on a date not less than one hundred twenty (120) days after the date of the notice. Grantee may dispute the termination of the Easement or portion thereof by written notice to Grantor given prior to the termination date specified in Grantor’s notice. If the parties are unable to resolve such dispute, the issue may be resolved by a court having jurisdiction. 5. Grantee shall indemnify and save harmless Grantor from and against any and all loss, damage, liability, expense, claim or demand or whateverso character, direct or consequential, including, but without thereby limiting the generality of the foregoing, injuries to persons and damage to property arising out of the exercise by Grantee of any right granted hereunder. 6. All notices required or provided for under this Easement shall be in writing and shall be delivered personally or by overnight courier service or sent by certified or registered mail, return receipt requested. Any notice given by: (i) personal delivery, (ii) recognized overnight national courier service, or (iii) registered or certified mail, return receipt requested, shall be deemed to have been duly given and received upon receipt. Notices to the parties shall be addressed as follows: City:City Manager City of Palo Alto 250 Hamilton Avenue Palo Alto, California 94301 With a copy to: City Attorney City of Palo Alto 250 Hamilton Avenue Palo Alto, California 94301 Stanford: Stanford Management Company 2770 Sand Hill Road Menlo Park, California 94025 991102 lac 0090141 2 With a copy to: Office of the General Counsel Stanford University 105 Encina Hall Stanford, California 94305 Any notice so delivered shall be effective upon the date of personal delivery or, in the case of mailing, on the date of delivery as shown on the U. S. Postal Service return receipt. Any party may change its address for notice by giving ten (I0) days’ notice of such change in the manner provided for in this paragraph. 7. By execution of this instrument the City of Palo Alto accepts the dedication of this Easement and agrees to the terms thereof. IN WITNESS WHEREOF, the parties hereto have executed this instrument by proper persons thereunto duly authorized as of the day and year first above written. GRANTOR:GRANTEE: THE BOARD OF TRUSTEES OF THE LELAND STANFORD JUNIOR UNIVERSITY, a body having corporate powers under the laws of the State of California By: Its: By: Its: THE CITY OF PALO ALTO By: Type Name: Its: City Manager APPROVED AS TO FORM: Its: 991102 lac 0090141 EXHIBIT A EASEMENT MAP To be prepared when construction is complete and prior to recordation. 991102 lac 0090141 4 CERTIFICATE OF ACKNOWLEDGEMENT (Civil Code § 1189) STATE OF ) ) ss. COUNTY OF ) On before me,, a Notary Public in and for said County and State, 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 offfcial seal. Signature of Notary Public 991102 lac 0090141 5 CERTIFICATE OF ACKNOWLEDGEMENT (Civil Code S 1189) STATE OF ) ) ss. COUNTY OF ) On before me, , a Notary Public in and for said County and State, personally appeared personally known to me or proved to me on the basis of evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public 991102 lac 0090141 6 CERTIFICATE OF ACKNOWLEDGEMENT (Civil Code § 1189) STATE OF ) ) SS. COUNTY OF ) On before me, , a Notary Public in and for said County and State, 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. Signature of Notary Public 991102 lac 0090141