HomeMy WebLinkAbout0401.092j
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I s~ptember 10, 1992
HONORABLE CITY COUNCIL
Palo Alto, California
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AGREEMENTS WITH THE COUNTY OF SANTA ~~ AND LELAND STANFORD
JUNIOR UNllERSItX REGAP..DING QUARRY ROAD
Members of the Counc i 1 :
REPORT IN BRIE[
Stanford University wishes to proceed with the construction of the
SChool of Medicine, Psychiatry Building, which is located within an
unincorporated area of santa Clara county, and was approved through
the County's planning process. In order to expedite construction
stanford has requested that the City of Palo Alto assume
responsibility from th~ County of santa Clara, for a Quarry Road
widening project that was made a condit::'on of approval of the.
psychiatry Building project~ For this to happen, the city must
sign an aqreement with the County, and in order to protect the
city's interests, an agreement between the City and Stanford is
also necessary. Staff representatives from the county, city, and
University have reached ygreement on the content and _ording for
two such agreements.
'fhe purpose of this staff report is to recommend that the city
council authorize the Mayor to execute two agreements as follows:
1. Addendum to that Certain Agreement Dated September 18, 1990 by
and between the County of Santa Clara and the City of Palo
Alto Relating to the Improvement and Maintenance of Quarry
Road.
2. Agreement between the City of Palo Alto and the Board of
Trustees of the Leland Stanford Ju~ior University Regarding
the Improvement of Quarry Road between Welch Road and
Arboretum Road, and Providing for the Maintenance thereof.
CMR: 401:92
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BACKGROUND
Several months ago, Stanford university i~itiated steps to proceed
with the construction of the previously approv~d School of
Medicine, Psychiatry BlJildirlg, in the area .PI.djacent to the
inte~section or Quarry and Arboretum Roads. As part of the review
and approval of the Psychiatry Building, Stanford is required to
meet a number of" conditions, one of which is t.o make certain
improvements to Quarry Road.
While the Psychiatry Bui1.iing and the propcsed improvements to
Quarry are locate~ vithin the jurisdictjon of Santa Clara County,
the existinq portion of Quarry is located ~ithin the City of Palo
Alto l and falls under the City's full jurisdiction concerning
operations. enforcement and mair.tenance. FUrthermcre, it is the
mutual int,ent of the County, Stanford and the City that the widened
portion of Quarry Road, that is associated 'With the Psychiatry
Building approval, will be annexed to the city of Palo Alto within
the near term futu~e.
sinc~ construction of the Psychiatry Building is ready to proceed
and will take 12 to 14 months to build, and the QuarrI Road project
must still undergo review and approval and will take only 4 to 6
months to build, stanford has proposed: tal that the building
project be separated from the roadway project; (b) that Stanford be
allowed to proceed no .. with the building proje:ct; and ee) that
Stanrord will simultaneously proceed diligently with the design,
approval and constr-'.Jction of th~ road-.;ay project. The under
standing and intent is that the Quarry Road widening project be
cOlZlpleted prior to occupancy of the Psychiatry Building.
Such an arrangement yould require that the City sign an agreement
with the County, whereby the City would take over responsibility
from the county for the widening portion of t~e project~ If this
were done, the City would sign a second agreement with Stanford
University, whereby Stanford would agree to be r~spon5ible fo~ all
necessary actions and costs to design and constru=t the Quarry Road
liidening project. This arrangement is agreeable to Stanford
Unive~sity; and County staff has indicated their willingness to
pursue such an arrangement, subject to final approval 0= the County
Board of Supervisors. City staff has ~ls~ indicated a willingness
to pursue such a~ arrangement, subject to Council approval. Apart
trom: assisting Stanford to proceed more expeditiously with the
construction of th~ Psychiatry Building, the City has a direct
interest in that Quarry Road is a City street; and the City I s
interest would be best served, if the City were directly in control
of the design and construction of the widening project.
CMR:401:92 9110(92
Page 2
AGREEMENT BETWEEN THE CITY .\ff.D COUNTY
ThE proposed City/County agreement iz actually an addendum to an
existing agreement, dated September 18, 1990, (Attachment 3)
between the county of santI Clara and the City of Palo Alto, also
related to Quarry Road. The existing agreement ,,'as executed in
conjunction with previous: improvements Stanford made to Quarry
Road.. The proposed addendum, included as Attachment 1, passes
responsibility for the desiqn and construction of the ... idening
project from the County to the city.
AGREEMENT BETWEEN THE CITY AND STANFQRD
The proposed agreement bet~een the City and Stanford university is
included as Attacr~ent 2. Th~ agreement req~ires stanford to be
r-espom.ible for all necessary actions and costs to design and
ccnstruct the Quarry Road widening project. It also addresses the
related issues of annexation, easements, and completion of the
roadway improvements prior to occupancy of the Psychiatry Euilding.
AGREEMENT ApPROVAL PROCEPPRES
The teChnical and legal staff of the County, city, and Stanford
ha'J"e agreed upon the wor-dinq for the agreementsj and stanford
University representatives have signed the city/Stanford agreement.
If co~ncil concurs in the execution of these two agree~ents, the
City will sign the city/County aqreernent~ The City/County
agreement 'Will then go to the county Board of Supervi.sors for its
approval. Once the county has signed the City/County agreeroent,
~~e City will sign the city/Stanford agreement~
RECOMMENDATION
Staff recommends that the city Cou<1cil authorize the Mayor to
execute t~o agreements as follows:
1. Addendum to that certain Agreement Dated SepteMber lS, 1990 by
and between th~ County of Santa Clara and the City of Palo
Alto Relating to the Improvement and Maintenance of Quarry
Road.
2. Agreement between the Cjty of Palo Alto and the Board of
Trustees of the Leland Stanford Junior University Regarding
the Improvement of Quarry Road between Welch Road and
~boretum Road, and Providing for the H~intcnanca thereof.
CMR:401:';2 ~/I0/92
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Pespectfully submitted,
HARVIN L. CVERWAY KENNETH R. SCHREIBER
Director of Planning and
Community Environment
Chief Transportation Official
Assistant City ~anager
Attachments: 1~ Addendum to an existing agreement (dated
September 18, 1990) between the County of Santa
Clara and City of Palo Alto regarding
improvp~ents to Quarry Road
2~ Aqreeme.nt between the City of Palo Alto and
Stanford University regarding improvements to
Quarry Road
3. Existing agreement (dated September 18, 1990)
between the ccunty of Santa Clara and City of
Palo Alto regarding improvements to ~~arry Road
CC: Stanford University (Michiiel Kuntz, Andrew Doty, Susan Herald)
Sant~ Clara C~unty (Bob Van Etten, Harrison Tayloe,
Rans Bratton)
CMR:401:92 9/10;92
Page 4
Al"IACHMEl'iT
ADDENDUM TO THAT CERTAIN AGREEMENT DATED SEPTEMBER 18, 19?0
BY AND BETWEEN THE COUNTY Of SANTA CLARA
AND THE CITY OF PALO ALTO
REl~TING TO TtiE !MPROVE~ENT AND MAINTEN~NCE OF Q~ARRY ROAD
This is an addendum to that certain agreement dated September
18, 1990 by and between the County of Santa Clara, referred to as
"County,W and the City of Palo Alto, Ieferred to as ~CitYt~ for the
improvement and maintenance of Quarry Road.
WHEREAS, under the agreement bet~een Cou~ty and City, County
consented to City's reouest to widen, improve and mai~tain a
portion of Quarry Road, and further consented to City's enforcement
of its traffic laws and re9ul~tions thereon; and
WHERfAS, the agreement made clear that the ~idening end
improvement work would be done for City by the leland St~nford
Junior University, hereinafter referred to as nStanford,~ performing
under contract with City; End
WHEREAS. St~nford thereafter made application to Count~ to
develop and corlstruct a psychiatric b'Jilding on its prcperty, which
building is tc be located near the intersection Gf C~arry and
Arboretum Roads; and
WHEREAS, County a~thorized construction of the building by
Stanford under conditions detailed in County's Architectural ~nd
Site Approval (~SA) dated June 11, 1992, one of ~hich conditions
was that Stanford widen Quarry Road between Welch and Arboretum
Roads j and
WHEREAS, City has now requested that County consent to City's
assumption of County's responsibility for the super vi siGn a~a
oversight of Stanford's work on Quarry Road; and
WHEREAS, City has now also requested that CDu~ty consent to
its performance, through ~tanfcrdJ of additional ~idenin~ work o~
Quarry Road fro~ Arboretum Road to a point which is ~pproximately
four hundred (400) feet 30utherly of Wel~h Road, .hich 8dditional
widening work is more particularly described in Exhibit "A"
~ttached hereto and incorpar~ted by reference; and
WHEREAS, City has now further requested that County consent tD
City's enfcrcem~nt of City's traffic regulations on thE entIre
portio~ of Quarry Road to be widened by Stanford; and
WMEREAS, County's staff has preliminarily indicated its
_111ingn~ss to recommend that County's Board of Supervisors consent
to the three (3) zfcrementioned requested items from City,
NOW t THEREFO~f~ the parties herpby agree as follows:
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1. Consent County consents to City's supervision and
o\lersightor---st'9nford'5 construction work on Quarry Road. In
partial consideration for this addendum, County ~aives Sta~ford's
performance of condition numbers 7, 6, 9, 11: 12, 13, 14 and 16 as
detailed in Exhibit ~B-of County's A3A dated June II, 1992.
However, City agrees to require Stanford to construct the bus stop
improvements in accordance ~ith the speCifications set forth in
County's ASA condition numOer 10. I~ addition, County consents to
City's enforcement of City's traffic regulations on the entire
pertion of Quarry Road to be .idened by Stanford.
2. ~onitorinQ Proqra lTl. and Bus St.sp Location/Notice Of
Compl etlan.
(a) Prior to commencement of any construction work, County
Shall be given an opportunity to revie~ and approve the construction
plans and specifications as the same relate to the location of the
bus stop turnout and consistency and consonance with the Road
Improvements Mitigation in County's July 30, 1991 Monitoring
Program for Stanford's Quarry Road General Plan Amendment.
(b) City shall either giVE County written notice of the date
that all construction has been completed, or written notiCE that
Stanford has posted an acceptable bond and completion agreeme~t
with City for the _ark remaining to be constructed. Ttle
construction plans and specifications and all notices shall be
personally delivered or given by mailing the same by registered or
certified mail, postage pre~aidt addressed ~s follows:
Cepartment of Planning and Development
attn: Rans Bratton, Secretary, ASA Committee
70 West Hedding Street
7th Floor, East Wing
San Jose, California 95110
cr to such ether place 35 County may deSignate bi written notice.
3. Indemnificati.on Cj ty shall indemnify, hold harmless,
reimburse and defend County from any and all liability, damages,
105s, costs and obligations, including court costs and reasonable
attorneys' fees, arising out of any claim, suit, judgment, 10s5 or
expense occasioned by, but not limited to, injury or death of any
person or persons, or loss cr damage to any property, arising out
of the act or O~is5icn of City's Officers, agents, employees,
io~ltees or contractors.
4. Costs Notwithstar·ding any ether provision contained in
this addendum or the a~reement to which it corresponds, it Is
understood that County shall not be responsible fDr any cast or
exp~nse associated with the improveme~t and maintenance of Quarry
Roac, including, bwt not limited to, construction wor~ and traffic
enrcrcement.
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5. Entire Agreement This addend~ln and the agree~ent to which
it corresponds, constitutes the entire agreement by an~ between the
pdrties relative to the improvement and maintenance of Quarry Road.
Any other prior or contemporaneous eral or ~ritten agreements by
and between the parties or their agents or representati~e5 relative
to such construction are revoked and extinguished.
IN WITNESS WHEREOF, County and CIty have executed this
addendum as follows:
county
Date:
Chair-p~e-rson J Board of Super\l i sors
County of Santa Clara
City
Date:
C i tyCTe:"ik
City of Palo Alto
ATTEST: Clerk, Board of Supervisors RECOMMENDED FOR APPROVAL:
FORM AND LEGALITY:
CO'L~-C(L
hdt/TL41113/5-7
~ayor, City of Palo AltrJ
APPROVED ~S TO FORM:
Senior Assistant C~ty
Attorneoy
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I mtllll! EA!;EME!<r f'a\ O1.IAARY
ANOY<1;LCHAOAD'MWMNQ Q U ABBY ROAD WIDENING
BIGHT OF WAY EXHIBIT SCALE·" • '!XI I
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ATTACHMENT 2
AGF-EEMENT
IIETWBEN TKE CITY 0" PAl-O Al-TO AND TIm SOARD OF
T"RtrSTEES OF TKE LELAND STANFORD JUNIOR
ONl:Vl!RSI'l'Y REGARDING TIlE DlPROVEMENT OF QUARRY
Ro.~ BBTWEEN WELC1[ ROAD AND AlUIO.RETUH R.OAD I
Am> pp.ovmnro FOR THE MAINTENANCE THEREOF
THIS AGREEMENT ~ made ano entered into on the ___ day of
• 1992, oy the and hetween the City of Palo ~to,
a municipal corporation of the State of California taCitya~ and the
Board of 'l'rustees of the Leland stanford Junior Universit.y, a body
having corporate powers under the laws of t.he. St.at.e of California
(I!Stanford·) .
JlECIT.A.LS
A. Stanford has applied to the Coun~y of Santa Clara
{"Countylt) to develop a project (the "Psychiatry Project') on
certain lands of Stanford located within the jurisdiction of the
County and adjacent to the intersection of Quarry Road and
Arboretum Road. As a. condition to approval of the Psychiatry
Project, the County is requiring Stanford to widen Q\.'.arry Road (the
"Widening project;'}. In order to construct and operate the
Psychiatry Project, Stanford must also obtain approval from the
City for vehicular access frot!'. t.he Psychiatry Project to Q\>arry
Road.
B. Most of Quarry Road~ as currently configured, is
within the Cityls jurisdiction. although a small portion is within
t.he jurisdiction of the County ~ Quarry Road is operated ar.d
maintained by the City~ partly under agreement with the Count}'-.
City'S property interest in Quarry Road is in the form of roadway
easements granted to the City by Stanford. Stanford will gre-_nt a~
additional roadway easement to the City for the portion ~If Quarry
Road added by the widening Project. Stanford and the City irt~end
to initiate a request to annex all of ~~arry Road, including that
portion added by the Widening Project, to the City.
c. Stanford has requested that the City assume
responsibility for overseeing the Widening: Project in o.r-der to
expedite Stanford's ability to construct the Psychiatry project.
I.n ordEr to fulfill that request. the City must enter into art
agreement with the County and obtain the County's consent f.(l'l" "l'-._~
City to assume responsibility for the project. City ia willing to
agree to Stanford's request in considera.tion of the terms and
conditions hereinafter set forth;
NOW, THEREFORE, the parties hereto do hereby agree as
follows:
1. CQunty Agre~m~~~ The City hereby agrees to Seek
thg consent of the County to assume responsibility for the Widening
Project, and to enter into an agreement with the CO'..lnty pUI:"suant
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thereto. To thi9 end, the City has negotiated an agreement with
county staff <thl! "County agreeme:lt·} in the fonn set forth in
EXhibit aA·~ attached hereto and incorporated herein by reference.
The County agreement is curr~ntly scheduled for approval by the
County's Board of SupeI"Visors on __________ , 1992.
:2. The widenipg Project. Stanford, at its sole cost
and expense, shall design, construct and complete and cause to be
inspected~ the Widening project, to the reasonable sati6fa~tion of
the City, and to the County~ to the extent set forth in Exhibit
-AI". III its Agreement with the County, the City has agre~d to
require Stanford to construct the bus stop improvements portio~ of
the widening project in accordance with the specifications set
forth in Condition Number 10 of the County's Architectural and site
Approval (·ASA·)~ dated June 11, 1992. Stanford agrees to fulfill
this requirement. As an additional part of the Widening project,
Stanford shall develop and provide traffic signal optimization .a:-..-d
coordination data for traffic signals in the surr01..mding area far
A.M.~ Noon, P.M.~ and off-peak periods.
3. ~lim:L.. During construction of the Widening
Project. Stanford and the City shall cooperatively initiate
p~oceedin9s to annex the entire Quarry Road, including the portion
added by the Widening Project, to the City. Stanford shall pay all
fees and engineering and surveying costs req~ired for the
annexation process.
4. Easement Upon completion of the Widening Pr~ject.
and as a condition to acceptance of the project by City, Stanford
shall grant to City a roadway easement for that portion of Quarry
Road added by the Widening Proj ect. The easement shall be in
substantially the form attached hereto as Exhibit -B-.
5. ~ompletion of ~hg Widening PrQjec_~ Stanford shall
complete the Widening Project prior to issuan=e by the County of a
certificate of occupancy for the Psychiatry Proj ect. City shall
notify the County of completion of the widening Project when the
Widening Project is ready for City acceptailce.
6. ~Qld Harmle~ Stanford hereby agrees to defend~
indemnify and hold harmless the City and County~ and the respective
legislative bodies~ boards, commissions, officers, emplcyees and
agents of each~ from any and all claims for li.ability~ losses or
damage arising out cf, or in connection with~ the design,
conl!ltruction~ alteration~ maintenance or use of that portion of
Ou~rry Road which is the subject of the Widening Project.
Stanford's liability under this parag~aph shall not extend beyond
the date upon which the City accepts the Widening Proj ect for
maintenance, as evidenced by execution of the roadway easement on
behalf of the City_
7. Term of Agreement. If the County Board of
Sup~rviBors ha~ not approved the County Agreement by December 31 1
1992, this agreement shall terminatE as of December 31, 1992 and
shall thereaf~er be of no further forCE and effect.
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8. Bnt;'r"" Agreement...:.. 'lnis agreement constitutes the
entire agrel?.raent 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.
IN WITNBSS 'WHEREOF ~ CITY and STAN'PORD have executed this
Agre~~nt on the day and year written above.
THE CITY OF PALO ALTO, a
municipal corporation of the
State of California
Gary Fazzino; Mayor
A'lTEST:
City Clerk
APPROVED AS TO FORM,
Senior Asst. City Attorney
APPROVED,
Assistant City Mallager
Director of Planning and
Community Bnvironment
Chief Transportation Official
THE BOILIU) OF TRUSTEES OF ':'HE
LELAND STANFORD JUNIOR
UNIVERSITY; a body having
corporate powers under the laws
of the State of C?li~~ia By:~t!t::;:ZZJ
Type Name: 12 F "i5-4c~Htrr J
Its: V,,-,-r4$,, .. ,t, PI"~"'7 t;!'~f.
Attachments: Exhibit -AT (County Agreement form)
Exhibit -B" (Easement form)
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ZXJfIBIT -to
~DDENDU~ TO THAT CERTAIN AGREEMENT DATED SEPTEMBER 18, 1990
BY AND BET~EEN THE COUNTY OF SANTA CLARA
AND TKE CITV OF PALO ALTO
RELATING TO THE IMPROVEMENT AND MAINTENANCE OF QUARRY ROAD
This is an addendum to that certain agreement dated September
18, 1990 by and between the County of Santa Clara, referred to as
~County,· and the City of Palo Alto, referred to as ~City,ft for t~e
improvement and maintenance of Quarry ~oad.
WHEREAS. under the agreement between County and City, County
consented' to City's request to 'IIiden, impro .... e and maintail\ a
portion of Quarry Road~ 3nd further consented tc City's enforcement
of its traffic laws and regulaticns thereon; and
WHEREAS, the agreement made clear that the ~ideninQ and
improve~ent work would be done for City by the Lel~nd stanford
Junior University! hereinafter referred to as "StanFord,· performing
under contract ~ith City; and
WHEREAS, Stanford thereafter made application to County to
develop and con$truct a psycniatric building en its property, y.hich
building is to be located near the intersection of Quarry and
Arboretu~ Roads; and
WHEREAS, County authorized construction of the building by
Stanford under conditions detailed in County's Architectural and
Site Approval (ASA) dated June 11, 1992, one of which conditions
was that Stanford widen Quarry Road between Welch and Arboretum
Roads; and
WHEREAS) City has now requE5ted that County consent to City 's
assumption of Co~nty's responsibility for the supervision and
OverSight of Stanford's work on Quarry Road; and
WHEREAS, City has no~ also requested that County consent to
Its perfcrmance, through Stanford. of additional ~idening ~ork on
Quarry Road from Arboretum Road to a pcint w~ich is approximatel~
four hundrea (400) feet southerly of Welch Road, which additlonal
widening work is more particularly described in Exhibit "~~
attached hereto and incorporated by reference; and
WHEREAS, City na5 no~ further requested that County consent to
City!s enfcrcement of City's tr~ffic regulations on the entire
portion of Quarr~ Road to be ~idened by Stanfordj and
WHEREAS, County1s stafF has prelimirarily indicated its
willinQness to recommend that Co~nty's Board of Super~isQrs consent
to the three ()) aforementioned requested items from City,
NOW, THEREFORE, the parties hereb~ agree a5 follo~s:
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1. Consent Cc~nty con5ents to City's supervi5icn and
ol/arsight~~f Stanford rs construction work an. Quarry R~ad. In
partial consideration for this addendum, County waives St~nford's
t)erformance of condition numbers 7, 8, 9, II, 12, 13, 14 ilncJ 16 as
detailed in Exhibit ~e~ of County's ASA dated June 11, 19?2.
~c~e~er, City agrees to reQuire Stanr~rd to construct t~e bus stop
improvements in accordance with the specifications set forth in
County's ASA condition number 10. In addition, County con~e~t5 to
CIty's enforcement of City's traffic regulations on the er::re
portion of Qua~ry Road to be ~idened by Stanford.
2. ~o~ltoring Program and B~s Step Location/Notice of
Completion
(a) Prior to commencement of any construction work, County
shall be given an opportunity to review and approve the construction
plans and specifications as the same relate to the location of the
bus stop turnout and consistency and co~sonance with the Road
I~provements Mitigation in County's July· 30, 1991 Monitoring
Program for Stanford's Quarry Road General Plan Amendment.
(b) City shall either give County writt~n notice of the date
that all construction has been completed, or ~ritten notice that
Stanford has posted an acceptable bond and completion agreement
with City for the work remaining to be ccnstructed~ The
construction plans and specifications ~nd all notices shall be
personally delivered or given by mailing the same by registered or
certified mail, postage prepaid, addressed as fol1o~s·
Department of Planning and Development
attn: Rans Bratton, Secretary, ASA Committee
~O ~est Hedding street
7th Floor, East Wing
San Jose) California 95110
0: to such other place as County rna~ designate b~ ~ritten n~tice~
3. Indemnification City shall ir,demnify, hold harmless,
rel~bur$e and defend County from any and all liability, damages,
loss, costs and obligations, including court costs and reasonable
attorneysf fees, arising out of any claim, suit, judgment, loss or
expense occasioned by, but not limited to. injury or de~th of any
person or persons, or loss or damage to ~ny property, arising out
of the act or omission of City's officers, agents, employees,
In~itees or contractors.
~. Costs Not~ithstanding any other provision contained in
this a!:1dendumor the agreement to whicll it corresponds, it is
understood that County shall not be responsible for an~ cost or
e.pense associated with the improvement and maintenance of Quarry
Road, including, but nDt limited te, constru~ticn ~:rk and traffic
enforcement~
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5. ~~.F~_ement This adderlClUm and the dgreemer"lt to which
it corresponds, constitutes the entire ~Qreement by and between the
parties relatIve to the improvement and maintenance of Quarry Road.
Any other prior or cont~mporaneous oral or written agreements by
and bet~een the parties or their agents or representatives relative
to such construction are revoked and extinguished.
IN WITNESS WHEREOF, County a~d City have executed this addendum as fOllows:
County
Date:
Chairperson, Board of Supervisors
County of Santa Clara
City
Date:
City Clerk
City of Palo Alto
ATTEST: Clerk, Soard of Supervisors RECOMMENDED FOP APPROVAL:
APP
hdtlTL4/113/5_7
Mayor, City of Palo Alto
APPROVED AS TO FORM:
Senior Assj st a~Ci ty------
Attorney
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EXHIBIT B
This document is recorded for
the benefit of the City of palo
Alto and is entitled to be recorded
free of charge in accordance with
Section 6103 qf the Gqvernment Code.
After Recordatio~, mail to:
REAL ESTATE DIVISION
250 Hamilton Ave., Palo ~tO, CA 94301
THIS EASEMENT is made and entered into as of ,
by and between THE BOARD OF TRUSTEES OF THE LELAND STk~FORD JUNIOR
u~IVERSITY. a body having corporate powers uuder the laws of the
State of California (~Grantor·) and THE CITY OF PALO ALTO
( II Grant.ee" ) .
WIT N E SSE T R:
1. For valuable consideration paid by Grantee, receipt
whereof is hereby acknowledged, Grantor does hereby grant and
convey unto Grantee, its successors and assigfis an easement (the
-Easement-: for street and roadway purposes over and across the
parcels of the lands of Grantor situated in the City of Palo ~to,
County of Santa Clara, State of California and more particularly
described in Exhibit A attached hereto and incorporated herein by
this reference. The Easement shall include 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 and
furnishing of electricity. gas, water. telephone, telegraph and
ot.her public utility services; provided, however, that. any
facilities installed by Grantee pursuan~ to this grant shall not
interfere with or impede the-use cf any property or facilities clf
Grantor.
2 _ Grantor shall not be responsible n')T have an:r
liability (or any inspection, maintenance or repair of the Easement
parcels or any improvements or landscaping thereon.
3 ~ Grantor reserv-es the right to install and maint.ain
private utility lines,. conduits and other utility equipment and
facilities on the Easement property, silbject to compliance -.. .."ith all
applical:;le governmental requirements, includin3 obtaining necessary
permits and approvals, provided that Grantor shall not interfere
'With or impede the UEe of any property or facilities of Grantee.
4. Upon non-use of the Easement for the purposes
described in Paragraph 1,. over and across either or both of the
afort!said parcels for a period of t",·o consecutive years, all right,
titl~ and interest of Grantee,. its successors and assigns, in and
under this Easement over and across the parcel or parcels not so
used Rha-.ll revert to Grantor, its successors and assigns; provided
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o
that Grantor shall give Grantee 'Written notice that, due to non~
t.l.se, thE" Easement 0= portion thereof will terminate pursuant to
this Paragraph on a dat.; not less than one h'J.ndred twenty (120)
days after the date of th~ notice. Grantee may dispute the
termination of the Ease..'1'tent 0r porticn thereof by ,,, .. ritte:;. notice to
grantor given prior to the termination date specified in Grantor's
notice. If the parties are unable to resolve s'uch dispute, the
issue may be resolved by a court having j~risdiction.
5. Grantee shall indemnify and save ha~nUess Grantor
and its tr~stees, officers, directors, agents and employees, from
and against any and all ~oss, damage. liability, expense, claim or
demand of whatsoever character, direct or consequential r inclu.ding,
but without thereby limiting the generality of" the fcregoing,
icjuries to persons and damage to p::-operty arising out of the
exercise of Grantee or any af its agents, contractors or employees
of any right granted hereunder~ excluding any loss~ damage,
liability~ expense~ claizr. or deIl'"and that results from the active
negligence or willful misconduct of Grantor or Grantor's agents or
employees.
IN WITNESS WH:EREOF ~ the 'Ca:rties hereto have executed this
instrument by proper persons thereunto duly authorized as of the
da}~ and year first above written.
GRANTOR,
THE BOARD OF TRUSTEES OF THE
LELAND STANFORD JUNIOR
UNlVERSIT"11 a body having corporate
powers under the laws of the State
of California
By' _______________ _
Its:
Approved as to form:
THE CITY OF PALO AI.TO
By'.-------
Type Name , _______ _
Its:
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•
J ATTACHMENT 3
L<L __ R-E E M E If ':r
THIS AGREEMENT, entered into this __ day of S.p 1 a !9iiQ
1990, by and between the county of Santa clara, a politicai
subdivision of the state of C~lifornia ("county") and the City of
Palo Alto~ a municipal corporation of the State of C.:'.l ifornia
("City"):
• I T N E SSE T H:
WHEREAS, the city owns, vithin its corporate limits, a
public street, known as Quarry Road; and
WHEREAS, the city desires to widen and improve, or to
cause to be widened and improved, said Quarry Road, such impr-ove
ments to include, but not be limited to widening to accommodate on~
addi tiona! approach lane in the east bound direction at the
Quarry/Arboretum intersection, a planting strip and a sidewalk: and
WHEREAS, the widened portion of Quarry Road will extend
outside the corporate limits of the City, and into unincorporated
jurisdiction of the County; and
WHEREAS I Secti':lns 5115-5117 of the Streets and Highw"ays
Code require that the Count)· consent to such construction 'Work on
roads~ or portions thereof, ~ithin its political jurisdiction; and
w~EREAS, Section 2U05 of the ve~icle Code requires that
the County consent to the City's enforcement of city traffic
regulations ~n roads, or portions thereof, within county jurisdic
tion; and
WHEREAS, the County is willing to give its consent in
consideration tot the terms and conditions he~einafter set forth;
NOW, THEREFORE, the parties hereto do hereby agree as
folloW's:
l~ ~onsent~ The county hereby gives its consent to the
city to widen and improve, and to enforce city 1 s traffic la~s and
regulations ~n and within, Quarry Road, the 'Widened portion of
which will be outside the corporate limits of City and within the
political jurisdiction of County~ It is understood and agreed ,t.hat
the constJUction work to be done pursuant 'to this agreement shall
be performed by or under contract to Stanford University.
2. Kaintena!J..£e...:... The city shall be responsjble for
maintaining Quarry Road, and specifically, that widened portion of
Quarry Road 'Within the political jurisdiction of County. in a safe
1
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condition, and in accordance with generally recognized standards
tor the maintenance of city streets.
3. Hold Harmless. The City hereby agrees to de~end,
indemnify and hold harmless the county of Santa Clara, its Board of
Supervisors, boards, commissions, officers, employees and agents
fl:0tll any and all claims for liability, losses or damage arising out
of, or alleged to arise out of, or in connection vith, the d~sign,
construction, alteration, maintenance or use of Quarry Road.
4. ~o Cost to County, The .... ork to be done pursu5.nt to
this agreement, including traffic enforcement, construction and the
continuing maintenance of Quarry Road, shall be done at no cost to
the county~
The parties hereto have eXecuted
and year first hereinabove written.
this agreement the day
A~\~ \ .0
Clerk of Said Board
DONAl.P M. RArNS
APPROVED AS TO FORM:
~ d...,. W. c....o-.-<--
city Attorney
swc7/31/90bCc
2
Cnai r--r-son,Board of Supervisors
. iLk{ ?!:ljuc.! __ _ k
Susan."1e Wilson
Ma~Of Palo Alto , .&M.-
Mike Cobb
(