HomeMy WebLinkAbout2003-11-17 City Council (4)TO:
City of Palo Alto
City Manager’s Report
HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: COMMUNITY SERVICES
DATE:NOVEMBER 17, 2003 CMR:519:03
SUBJECT:~OPTION OF A RESOLUTION AUTHORIZING THE CITY
MANAGER TO APPLY FOR A GRANT AND EXECUTE AN
AGREEMENT WITH THE CALIFORNIA COASTAL
COMMISSION FOR A GRANT FOR THE ACQUISITION OF THE
PENINSULA OPEN SPACE TRUST ARASTRADERO PROPERTY,
AND ASSOCIATED ACTIONS NECESSARY FOR RAISING
MATCHING FUNDS
RECOMMENDATION
Staff recommends that Council approve the attached resolution to:
¯ Authorize the submittal of a grant application to the CaliforniaState Coastal
Commission for $1,800,000 for the acquisition of the 13-acre Peninsula Open Space
Trust (POST) Arastradero Property.
Authorize the City Manager or his designee, as the person responsible for the
administration of the grant, including certifications and any amendments, on behalf of
the City.
Authorize the City Manager to seek a no-interest, five-year loan in the amount of up to
$1,000,000 from the Coastal Commission to satisfy part of the City’s matching
contribution requirement.
Staff also recolmnends that Council authorize the Mayor to:
¯ Contact State legislators to request specified funding in the State of California budget
from the 2002 Resources Bond Act (Proposition 40) for the acquisition of the POST
property.
Contact Santa Clara County Supervisors to request pass-through funding from the
2002 Resources Bond Act (Proposition 40) Per Capita grant program for the
acquisition of the POST property.
BACKGROUND
The Arastradero Preserve extends from the western .boundary of Stanford University, to
the eastern edge of the City-owned Foothills Park, and from the northern town limit of
CMR:519:03 Page 1 of 4
Los Altos Hills to John Marthens Lane. The Preserve was purchased in 1979 as the result
of an inverse condemnation lawsuit against the City of Palo Alto brought by Arastra LTD.
One 13-acre in-holding of land along Arastradero Road not belonging to Arastra LTD
remained privately held by Jacqueline Bressler until the property was purchased in
October 2002 at a bankruptcy auction by the Peninsula Open Space Trust for $3,560,000.
The parcel was purchased by POST with the intent of preventing the parcel from being
developed.
The Peninsula Open Space Trust is a non-profit land trust corporation dedicated to
"preserving the beauty, character and diversity of the San Francisco Peninsula" through
land conservation. Since its inception in 1977, POST has protected more than 50,000
acres of open space land on the Peninsula. Land purchased by POST is generally
repurchased by the Midpeninsula Regional Open Space District, Santa Clara County
Parks or local jurisdictions.
The California State Coastal Commission through the Coastal Conservancy provides
grant funds to acquire, preserve and protect lands of the San Francisco Bay estuary and
the associated watershed and habitat. Although the POST Arastradero Property is nearly
four miles inland from the Bay, the property is considered prime watershed at the
headwaters of Matadero, Los Trancos and San Francisquito Creeks, and as such, worthy
for conserving as open space land. The Coastal Conservancy will consider a grant
application for $1,800,000, or half of the cost of aquiring the property. The balance of
funds needed for the City’s match may come from a combination of a no-interest loan
from the Coastal Commission for up to $1,000,000; impact fees; funds from other State
Resource Bond Act programs; fund raising; or other grant programs for habitat
protection.
Per Capita Grant Funds
In March 2002, California voters approved Proposition 40, the Resources Bond Act. This
act is intended to revive state stewardship of natural resources by investing in
neighborhood and regional parks and open spaces, and clean water protection. This
program is administered by the California Department of Parks and Recreation. Funds are
provided to cities, counties, eligible districts and regional park districts based on the
population found within the boundaries of these jurisdictions. The jurisdiction may decide
how these funds are used.
Per capita funds, amounting to $288,000, can be spent on any appropriate park or
recreational project of the City’s choice. Staff is considering the most appropriate use for
these particular funds, which may include the development of new soccer fields at Greer
and E1 Camino Parks or the enhancement of the ’South of Forest Street’ Park. Santa Clara
County will receive $3,456,000 in non-restricted grant funds from this same program. It
is possible for the City of Palo Alto, as a municipal government, to seek a "pass-through"
CMR:519:03 Page 2 of 4
grant from Santa Clara County for land acquisition or improvement .of recreational
facilities.
DISCUSSION
The 13-acre POST Arastradero Property is highly desirable to the City of Palo Alto for
purchase not only because it would preserve this in-holding in the center of the Preserve
as open space, but because it is important riparian habitat that could support a multitude
of wild bird and animal species. Another key benefit from acquiring this property would
be that a popular recreational trail that leads from the Preserve parking lot to Arastradero
Lake could be re-routed away from more environmentally sensitive habitat and along a
shorter gently sloping path that would provide better access for physically limited park
visitors.
POST has offered the City of Palo Alto the opportunity to purchase the Arastradero
Property for $3,560,000, the same price it paid for the property. POST will give the City
of Palo Alto until October 2005 to purchase the property. If the City is unable or
unwilling to purchase the property, the parcel will be offered for open sale.
Staff has developed an application for a $1,800,000 grant from the Coastal Conservancy.
As part of the grant application, the City will need to identify the funding sources that will
make up the matching (50%) funds required for the acquisition.
RESOURCE IMPACT
Work covered by the grant application has been included in the work program for
Community Services staff. Approval of the grant will not affect other scheduled park or
community facility projects or their completion timelines.
The acquisition of this property will not significantly increase Open Space Division
operational expenses because the property is completely surrounded by the Arastradero
Preserve and can be easily monitored by existing staff from adjoining trails and roads.
The Coastal Conservancy grant will require a 50% match from the City of Palo Alto.
Staff is actively pursuing a number of viable methods to raise the balance of
approximately $1,800,000 needed to acquire the property. With Council approval, these
methods will include:
An application from the Coastal Commission for a no-interest, five-year loan in the
amount of $1,000,000 that could be repaid by park impact fees
¯An application to the Oak Woodland Conservation grant program for $200,000
¯An application to the Habitat Conservation Grant program for $50,000
¯A partnership with Santa Clara County for pass-through per capita funding
CMR:519:03 Page 3 of 4
¯A specified funding allocation in the California State budget (from 2002 Resource
Bond Act funds)
¯Private donations
¯Foundation grants
POLICY IMPLICATIONS
These recommendations are consistent with existing City policy and furthers Policy N-2
of the Natural Environment element of the Comprehensive Plan in that it seeks to acquire
land to be conserved as open space.
ENVIRONMENTAL REVIEW
The application for a grant for land acquisition is considered an action exempt under
Section 15307 of the California Environmental Quality Act; therefore, no environmental
assessment is needed at this time. Environmental review will be conducted prior to the
adoption of any conservation plan for the property.
ATTACHMENTS
Attachment A:Resolution Authorizing the Filing of Application to the State of
California Coastal Commission for the Coastal Conservancy for land
acquisition funding
PREPARED BY:
GREG BETTS
Superintendent, Open Space & Sciences
DEPARTMENT HEAD: ~-.._.~.
PAUL T. THILTGEN~¢~~-~ //
Director of Community Se"r~i - "
CITY MANAGER APPROVAL’." ...................
WILY nA ON
Assistant City Manager
CMR:519:03 Page 4 of 4
NOT YET APPROVED
P~ESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO
ALTO AUTHORIZING THE CITY MANAGER TO SUBMIT A
GRANT APPLICATION TO AND EXECUTE A GRANT
AGREEMENT WITH THE CALIFORNIA STATE COASTAL
CONSERVANCY FOR FUNDS WHICH THE CITY INTENDS TO
EXPEND ON ACQUISITION OF THE 13-ACRE ARASTRADERO
PROPERTY OWNED BY THE PENINSULA OPEN SPACE
TRUST (POST)
WHEREAS,the California State Coastal Conservancy~
provides grant funds to acquire, preserve and protect lands of
the San Francisco Bay Estuary and the associated watershed; and
WHEREAS, the California State Coastal Conservancy
accepts, annually, grant applications for projects that preserve
and protect marsh habitat and watershed lands around the bay;
and
WHEREAS, the City of Palo Alto wishes to submit a grant
application for a grant in the amount of $1,800,000.00 to
reimburse the City for funds that are proposed to be expended to
acquire from the Peninsula Open Space Trust for open space
purposes a 13-acre parcel of land known as the Arastradero
Property.
NOW, THEREFORE, the Council of the City of Palo Alto
does RESOLVE as fol!ows:
SECTION i. The Council hereby authorizes the City
Manager to execute and file a grant application on behalf of the
City of Palo Alto with the California State Coastal Conservancy
in order that the City may be reimbursed for funds which the
City proposes to expend on acquisition of the Arastradero
Property.
SECTION 2. The Council hereby designates the City
Manager or his designee as the person responsible for the
administration of the grant application and, if awarded, the
grant agreement.
SECTION 3. The City Council hereby approves the terms
and conditions of the form grant agreement attached hereto as
Attachment !, and hereby authorizes the City Manager or his
designee to execute on behalf of the City of Palo Alto a grant
agreement with the California State Coastal Conservancy,
substantially in the form attached hereto as Attachment i, and
031112 sm 0100153
NOT YET APPROVED
any other documents that may be required in connection with the
grant for acquisition of the Arastradero Property
SECTION 4. The Council finds that the adoption of this
resolution, which authorizes the submittal of a grant
application and execution of a grant agreement and related
documents in connection with the acquisition of the Arastradero
Property, is exempt from the requirements of the California
Environmental Quality Act as an acquisition of open space land
(CEQA Guidelines section 15307).
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:APPROVED:
City Clerk
APPROVED AS TO FORM:
City Attorney
Mayor
City Manager
Director of Community Services
Director of Administrative
Services
031 ] 12 sm 0100153
Grantee’s full, legal name: City of Palo Alto
Address: 1451 Middlefield Road
Palo Alto, CA 94301
Phone No.: (650) 617-3112
Name of Contact:
Title of Contact:
Taxpayer ID Number 94-6000389
SCOPE OF AGREEMENT
Pursuant to Chapter 4.5 of Division 21 of the California Public Resources Code, the State
Coastal Conservancy ("the Conservancy’’) hereby grants to City of Palo Alto (°’the grantee") a
sum not to exceed dollars ($00), subject to the terms and conditions of this
agreement. These funds shall be used by the grantee for land acquisition of a 13-acre parcel
located in Palo Alto known as the POST Arastradero Property adjacent to the Arastradero
Preserve ("the project").
The grantee shall carry out the project in accordance with this agreement, site-specific plans and
a budget to be approved by the Executive Officer of the Conservancy ("the Executive Officer")
pursuant to this agreement. The grantee shall provide any funds beyond those ~anted under this
agreement which are needed to complete the project (acquisition).
ATTACHMENT i
CONDITIONS PRECEDENT TO COMMENCEMENT OF PROJECT AND DISBURSEMENT
AND ADDITIONAL GRANT CONDITIONS
The grantee shall not commence the project and the Conservancy shall not be obligated to
disburse any funds under this agreement unless and until the following conditions precedent have
been met:
1.A resolution has been adopted by the City Council of the grantee authorizing the
execution of this agreement and approving its terms and conditions
2.The Executive Officer has approved in writing:
a. The plans for acquisition of the property.
b. All contractors that the grantee intends to employ in connection with the project. The
grantee must provide written evidence to the Conservancy that each contractor has complied
with the bonding requirements described in the "BONDING" section of this agreement.
3. Written evidence has been provided to the Conservancy:
a.That all permits and approvals necessary to the completion of the project under
applicable local, state and federal laws and regulations have been obtained.
b.That the grantee has provided for liability insurance and an additional insured
endorsement, or is self-insured, as described in the "LIABILITY" section of this agreement.
4.Additionally, no funds shall be disbursed under this agreement until the grantee has
provided the Executive Officer with evidence that all other public funds needed to implement
and complete the project are available.
TERM OF AGREEMENT
This agreement shall be deemed executed and effective when signed by both parties and received
in the offices of the Conservancy together with the resolution described in the "conditions
precedent to commencement of project acquisition and disbursement and additional grant
conditions." An authorized representative of the grantee shal! sign the first page of the originals
of this agreement in ink.
This agreement shalt run from its effective date through October 3 I, 2006 ("the termination
date") unless otherwise terminated or amended as provided in this agreement. However, all
work shall be completed by October 31, 2005 ("the completion date"). The grantee shall submit
a final Request for Disbursement no later than November 30, 2005. ("the final invoice date").
AUTHORIZATION
The signature of the Executive Officer of the Conservancy on this agreement certifies that at its
meeting, the Conservancy adopted the resolution included in the staff
recommendation attached as Exhibit __. This agreement is executed pursuant to that
authorization. This agreement is funded through two CALFED Bay-Delta Program (CALFED)
grants to the Conservancy: 1) a grant through CALFED of Federal (United States Fish and
Wildlife Service ("USFWS")) funds; and 2) a second grant through CALFED of State
(California Department of Natural Resources) funds.
Standard Provisions
SITE-SPECIFIC PLANS AND WORK PROGRAM
Prior to initiating the project, the grantee shall submit the following to the Executive Officer for
review and written approva! of its consistency with this agreement:
1.Site-specific plans, including mitigation and monitoring measures, for the acquisition of
the property.
2.A detailed project budget. The project budget shall describe all labor and materials costs
to be incurred to complete the acquisition of the property. For each project component, the
project budget shall list all intended funding sources, including the Conservancy’s grant, the
grantee’s contribution and all other sources of monies, materials, or labor.
The site-specific plans and detailed budget shall have the same effect as if included in the text of
this agreement. However, the site-specific plans and budget may be modified without
amendment of this agreement upon the grantee’s submission of modified site-specific plans and
budget and the Executive Officer’s written approval of it. If this agreement and the site-specific
plans and budget are inconsistent, the agreement shall control.
The grantee shall carry out the project in accordance with the approved site-specific plans and .
budget.
BONDING
If the grantee intends to use any contractor(s) on any portion of the project to be funded under
this agreement, the project shall not begin until each such contractor has furnished a
performance bond in favor oft.he grantee, in the fo!lowing amounts: for faithful performance,
one hundred percent (100%) of the contract value; and for labor and materials, one hundred
percent (100%) of the contract value. This requirement shall not apply to any contract for less
than $20,000.
Any bond furnished pursuant to this section shall be executed by an admitted corporate surety
insurer licensed in the State of California.
COSTS AND DISBURSEMENTS
Upon determination by the Conservancy that all "conditions precedent to commencement of
project acquisition and disbursement and additional grant conditions" have been fully met, the
Conservancy shall disburse to the grantee, in accordance with the approved project budget, a
total amount not to exceed the amount of this grant, as follows:
Disbursements shall be made on the basis of costs incurred to date, less ten percent, upon
satisfactory progress in accordance with the approved work program and upon the grantee’s
submission of a "Request for Disbursement" form, which shall be submitted no more frequently
than monthly but no less frequently than quarterly. Disbursement of the ten percent withheld
shall be made as follows:
I. Project Completion. Any remaining amount of the ten percent withheld shall be disbursed to
the grantee upon the grantee’s satisfactory completion of the project and compliance with the
applicable requirements of the "PROJECT OR SITE COMPLETION" section of this agreement,
and upon the Conservancy’s acceptance of the project.
The grantee shall request disbursements by filing with the Conservancy fully executed "Request
for Disbursement" forms (available from the Conservancy). The grantee shall include in the
forms its name and address, the number of this agreement, the date of the submission, the
amount of the invoice, the period during which the work was actually done, and an itemized
description, including time, materials, and expenses incurred, of all work done for which
disbursement is requested. The forms shall also indicate cumulative expenditures to date,
expenditures during the reporting period, and the unexpended balance of funds under the grant
agreement.
The forms shall be signed by an authorized representative of the grantee. Each form shall be
accompanied by any receipts and supporting invoices or other source documents from
contractors that the grantee engaged to complete any portion of the project fundedunder this
agreement, and by written substantiation of completion of the portion of the project for which
disbursement is requested. With each form, the grantee shall submit a supporting progress report
summarizing the current status of the project and comparing it to the status required by the work
program (budget, timeline, tasks, etc.). In the event that the grantee seeks disbursement of 10%
withheld with respect to completed work on a specific site or Sub-site, the grantee shall also
submit documentation that all such work has been satisfactorily completed by providing site-
specific information as required for the "final report" under the "PROJECT OR SITE
COMPLETION" section of this agreement. . Failure to fully execute and submit a Request for
Disbursement form, including attachment of supporting documents, will relieve the Conservancy
of its obligation to disburse funds to the grantee unless and until all deficiencies are rectified.
EXPENDITURE OF FUNDS AND ALLOCATION OF FUNDING AMONG BUDGET ITEMS
The grantee shall expend funds in the manner described in the approved project budget. The
allocation of the Conservancy’s total grant among the items in the project budget may vary by as
much as ten percent without approval by the Executive Officer. Any difference of more than ten
percent must be approved in writing by the Executive Officer. The Conservancy may withhold
payment for changes in particular budget items which exceed the amount allocated in the project
budget by more than ten percent and which have not received the approva! required above. The
total amount of this grant may not be increased except by amendment to this agreement. Any
increase in the funding for any particular budget item shall mean a decrease in the funding for
one or more other budget items unless there is a written amendment to this agreement.
Additional Payment Provisions: The grantee shall submit invoices to the Conservancy no less
frequently than quarterly. Each original invoice shall be accompanied by all supporting
documentation and with all required deliverables (including quarterly reports) and with
documentation of completion of tasks or satisfactory progress toward completion.
Rights in Data: All data and information obtained produced by the contractor under this
agreement shall be in the public domain. Grantee shall not sell or grant rights to a third party
who intends to sell such product as a profit-making venture. Grantee shall have the fight to
disclose, disseminate and use, in whole or in part, any final form data and information received,
collected, and/or developed under this Agreement, subject to inclusion of appropriate
acknowledgment of credit to the State Resources Agency, the CALFED Program and the
Conservancy (collectively "the Project Partners") for their financial support. Grantee must
obtain prior approval from the Conservancy to use draft data, which shall be subject to CALFED
approval. Permission to use draft data will not be unreasonably withheld. The Project Partners
will not disseminate draft data, but may make draft data available to the public upon request with
an explanation that the data have not been finalized.
Acknowledgment of Credit: The grantee shall include appropriate acknowledgment of credit to
the Project Partners for their financial support when using any data and/or information developed
under this agreement.
Standard of Professionalism: The grantee sha!l conduct all work consistent with the professional
standards of the industry and type of work being performed under this agreement.
Conflict of Interest: The grantee shah comply with all applicable State laws and rules pertaining
to conflict of interest, including but not limited to, Government Code section 1090 and Public
Contract Code sections 10365.5, 10410, and 10411.
PROJECT OR SITE COMPLETION
Within thirty days of completion of the project or within 30 days of acquisition of the property
title, the grantee shall supply the Conservancy with evidence of completion by submitting a fin!l
report which includes:
1. A final report documenting the completion of the project or acquisition of the property title.
2. In the case of a final report, a fully executed final "Request for Disbursement" form.
Within thirty days of grantee’s compliance with this paragraph, the Conservancy shall determine
whether the project has been satisfactorily completed. If the Conservancy determines that the
project has been satisfactorily completed, the Conservancy shall issue to the grantee a letter of
acceptance of the project. The project shall be deemed complete as of the date of the letter of
acceptance.
EARLY TERMINATION AND FAILURE TO PERFORM
Prior to the completion of the project, either party may terminate this agreement for any reason
by providing the other party with seven days notice in writing.
If the Conservancy terminates the agreement prior to the completion of the project, the grantee
shall take all reasonable measures to prevent further costs to the Conservancy under this
agreement, and the Conservancy shall be responsible for any reasonable and non-cancelable
obligations incurred by the grantee in the performance of this agreement prior to the date of the
notice to terminate, but only up to the undisbursed balance of funding authorized in this
agreement.
If the grantee fails to complete the project in accordance with this agreement, or fails to fulfill
any other obligations of this agreement prior to the termination date, the grantee shall be liable
for immediate repayment to the Conservancy of all amounts disbursed by the Conservancy under
this agreement. The Conservancy may, at its sole discretion, consider extenuating circumstances
and not require repayment for work partially completed. This paragraph shall not be deemed to
limit any other remedies the Conservancy may have for breach of this agreement.
LIABILITY
The grantee shall be responsible for, indemnify and save harmless the Conservancy, its officers,
agents and employees from any and all liabilities, claims, demands, damages or costs resulting
from, growing out of, or in any way connected with or incident to this agreement, except for
active negligence of the Conservancy, its officers, agents or employees. The duty of the grantee
to indemnify and save harmless includes the duty to defend as set forth in Civil Code Section
2778. This agreement supersedes the grantee’s right as a public entity to indemnity (see Gov.
Code Sect!on 895.2) and contribution (see Gov. Code Section 895.6) as set forth in Gov. Code
Section 895.4.]
The grantee waives any and all fights to any type of express or implied indemnity or fight of
contribution from the State, its officers, agents or employees, for any liability resulting from,
growing out of, or in any way connected with or incident to this agreement.
Throughout the term of this agreement, the grantee shall maintain self-insurance for personal
injury and property damage liability assumed by the grantee under this agreement.
Nothing in this agreement is intended to create in the public or in any member of it rights as a
third party beneficiary under this agreement.
AUDITS/ACCOUNTING/RECORDS
The grantee shall maintain financial accounts, documents, and records (collectively, "records")
relating to this agreement, in accordance with the guidelines of "Generally Accepted Accounting
Practices" ("GAAP") published by the American Institute of Certified Public Accountants. The
records shall include, without limitation, evidence sufficient to reflect properly the amount,
receipt, deposit, and disbursement of all funds related to the [implementation of the project, and
the use, management, operation and maintenance of the real property. Time and effort reports
are also required. The grantee shall maintain adequate supporting records in a manner that
permits tracing from the request for disbursement forms to the accounting records and to the
supporting documentation.
Additionally, the Conservancy or its agents may review, obtain, and copy al! records relating to
performance of the agreement. The grantee shall provide the Conservancy or its agents with any
relevant inf6rmation requested and shall permit the Conservancy or its agents access to the
grantee’s premises upon reasonable notice, during normal business hours, to interview
employees and inspect and copy books, records, accounts, and other material that may be
relevant to a matter under investigation for the purpose of determining Compliance with this
agreement and any applicable laws and regulations.
The grantee shall retain the required records for a minimum of tlxee years following the later of
iS_hal disbursement by the Conservancy, and the final year to which the particular records pertain.
The records shall be subject to examination and audit by the Conservancy and the.Bureau of
State Audits during the retention periods.
If the grantee retains any contractors to accomplish any of the work of this agreement, the
grantee shall first enter into an agreement with each contractor requiring the contractor to meet
the terms of this section and to make the terms applicable to all subcontractors.
The Conservancy may disallow all or part of the cost of any activity or action that it determines
to be not in compliance with the requirements of this agreement.
NONDISCRIMINATION
During the performance of this agreement, the grantee and its contractors shall not unlawfully
discriminate against, harass, or allow harassment against any employee or applicant for
employment because of sex, race, religion, color, national origin, ancestry, disability, medical
condition, marital status, age (over 40) or denial of family-car~ leave, medical-care leave, or
pregnancy disability leave. The grantee and its contractors shall ensure that the evaluation and
treatment of their employees and applicants for employment are free of such discrimination and
harassment. The grantee and its contractors shall comply with the provisions of the Fair
Employment and Housing Act (Government Code Section 12900 et seq.) and the applicable
regulations (California Code of Regulations Title 2, Section 7285.0 et seq.). The regulations of
the Fair Employment and Housing Commission regarding Contractor Nondiscrimination and
Compliance (Chapter 5 of Division 4 of Title 2 of the California Code of Regulations), are
incorporated into this agreement. The grantee and its contractors shall give written notice of
their obligations under this clause to labor organizations with which they have a collective
bargaining or other agreement. This nondiscrimination clause shall be included in all contracts
and subcontracts entered into to perform work provided for under this agreement.
INDEPENDENT CAPACITY
The grantee, and the agents and employees of grantee, in the performance of this agreement,
shall act in an independent capacity and not as officers or employees or agents of the State of
California.
ASSIGNMENT
Without the written consent of the State, this agreement is not assignable by the grantee in whole
or in part.
TIMELINESS
Time is of the essence in this agreement.
EXECUTIVE OFFICER’S DESIGNEE
The Executive Officer shall designate a Conservancy project manager who shall have authority
to act on behalf of the Executive Officer with respect to this agreement. The Executive Officer
shall notify the grantee of the designation in writing.
Except as expressly provided in this agreement, no changes in this agreement shall be valid
unless made in writing and signed by the parties to the agreement. No oral understanding or
agreement not incorporated in this agreement shall be binding on any of the parties.
LOCUS
This agreement is deemed to be entered into in the County of Alameda.
GRANTEE
Signature Date
Print or type name
Title