HomeMy WebLinkAbout0336.095·' .'
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City of Palo Alto
City Manager's Report
TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: PLANNL"I/G
AGENDA DATE: July 10,1995 CMR:J36:9S
SUBJECT: AppI"O'Val oftbe Embaradero Road Pedts(riaDIBike Bridge a .. d
Bike Path ExfensioD Project (CIp 19310) Fiber Optics
Companies Acreemenls
REQUEST
Couocil is requested 10 approve the attached agreements wi!." Sprint Communicatloo
Company L.P. (Sprint), MCl Telecommunications Corporation (MCI), and Wilte\" Inc.
(WiheI) related to !he constructioo of the Embarcadero Road PedestriantBike Bridge and
Bike Path Extension Project. Fiber optics systems owned by these rompanies exist
beneath the proposed bike palh alignment; and these companies have pOor rights to
iostaII. maintain and operate !heir systems. In order ror the City to construct. operate, and
maintain the path, the City most ensure thaI these companies will continue 10 be able to
access their systems.
RECOMMENDATION
Staff recommends that the Council approve the attached agreements with Sprint, MCl.
ad Wiltei. and authorize the Mayor 10 execute them.
F(;lUCY IMPLlCATIONS
The recommeodatioo in this report is consistent with existing Comprehensive Plan
Trusportatloo Policy 12: Promote bicycle use.
F?<jplTIYE SUMMARY
For the last two years, Palo Aho has pursued the development of a project 10 COOSIruCI a
bike path aIoog the west side of the Joint Powers BoardlCalTIain tracks, from Churclull
Avenue to University Avenue, as proposed in the Palo Alto Bikeways Master Plan.
The proposed path passes through property owned by Peninsula Corridor Joint Powers
Board (JPB). Palo Alto Unified School District (PAUSD). and Stanfurd University. The
project includes the use of federal and state funds, and fiber optics systems owned by
hgelafJ
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Spriot, Mel, and WiIteI exist beneath the path alignment To date C<runeil has approved
(I) an agreement wit!l HMH. Inc. roc preparation of plans and specifications
(CMR:S22:93; 0ct00er 7.1 993); (2) Right of-Way agreements with the JPB, PAUSD, and
Stanford University (CMR:392:94; July 28, 1994); and (3) a Program Supplement
~ with Caltrans covering financial reimbursement from federal and state funds
(CMR: 131 :95; Fel>ruary 6, I99S).
The fiber ql!ics systems owned by Sprint, MCI, and Wihel exist beneath the proposed
path alignment; and Ihese ~ have prior rights 10 construct, maintain. and operate
their systems. In order roc the City 10 construct. operate and maintain the path. while
ensuring these companies cootiuued ability 10 operate and maintain their facilities. i! is
essential 10 speci1'y the duties and respoosibt1i1ies of each party. The attached agreements
cover the duties and responsibilites of each party, ha',e been reviewed by the City
AltOOley's office. and meet their appr"vaI.
In general, the City agrees no! 10 interfere with any prior rigbts of these companies, and
10 no!itY the companies 48 boon in advance befOre proceeding ",ilb work that may impact
thcir equipment. The companies agree no! 10 drive on, or od!erwise unnecessarily
inIc:rm with the use of. the bike path in cooducting daily inspections, 10 notify the City
48 boors in advance of any and all regulaT and scheduled !Dainlance work which may
affect the bike path. and to coOOu<:t all work in a safe manner. Each of the three
agreements includes I mutual indemnify and hold harmless clause. 10 addition. the City
agrees 10 entet into a reimoonelDenl agr-..emenl ",'ith Sprint at a laler date, if needed. 10
reimburse Sprint fur any expenses Sprint may incur, as a result of the bike path existing
over Sprint's facilities. No such expenses are anticipated at this lime.
FlSCAL IMPACf
The construction of the bike path requires relocating two ull1ity access holes belonging
10 MCI and Wiltet However, both Mel alld Wiher bave generously agreed to relocate
these a:x:ess holes at no cost 10 the City. Accordingly. approval of these agreements has
no fiscal impact
ENVIRONMENTAL ASSESSMENT
The CoonciI at its meeting of August I , 1994 approved a Negative Declaration (94-EIA-
16) fur this project.
AITACHMENTS
). Agreement with Sprint Communications Company L.P.
2. Agreement with Mel Telecommuni<:ations Corporation
3. Agreement with Wihel, Inc.
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Prepared By: Ashok Aggarwal, City Traffic Engince.-
Department Head RC\-;ew: ~,.1 J( --tk;4 ~
lCENNETH R SCHREIBER ,-
City Manager Approval:
Director of Planning .
and Olmmunily Environment
BERNARDM S~(Y
Assistant City Manager
cc: P8tricia Ditto-Hartman, MQ TeJerommunkatloos
Marianne Leary, Sprint Communications C<>mpany
Joe Minof", WilTel. Inc.
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AGREEMENT
BETWEEN THE Cl1Y OF PALO ALTO AND SPRINT·
COMMUNICATIONS COMPA.'\'Y LP. FOR THE CONSTRUCI10N OF A BIKE
PA TB FROM CHURCHILL A VENUE TO THE SOUTIJERL V E.'iD OF THE
PENINSULA CORRIDOR JOINT POWERS BOARD PARKING LOT
THIS AGREEMENT is made and entered uno thi. __ day oC • by
and ~ t/oe CiIJ 0( Palo Aho, a municipal CO!pO(8tion oCthe Stale oC ~fomi ..
b.,e>nat\ .. rcfemd 10 as "Cgy", and Sprln\ C<>mmunications Company L,P, hcre1nat\er
rererred 10 lS "Sprint".
RECITALS:
A City proposes Ie construct. operate and maintain I bile. pa'" on II>< west
side oCthe ...,lroad Ir3Cb from CburchiD Avenue 10 the southerly end oC:I1. Peninsula
Corrido< Joint Pow.,.. Board ("IPS") parking Io!" including a bridge over Embarcadero
Road (the "Project"); and
B. The Project will be constructed on property owned by the Polo A~<>
Unilied S<booI Distric:I ("p AUSD"), Stanfocd UDiversi!y and the lPB, hereinaft ...
respectively rer .... ed 10 IS the"P AUSD Property". the "Stanford Property", and II>< "1PB
Proporty", and somefunes also collectively referred \0 os Ille "Property"; and
C. City wiD be entering U1!0 separate agreemenu with PAUSO. Stanford and
IPS 10 aDo ... CiIJ 10 ~ operate and maintain tll. Project on lhe Property; and
D. The Fiber Optic System owned by Sprint, ~ereinaf! ... generaDy re!"erred 10
. as "Facilities" currently exist. beneatb the Property. aocl SprinI may need 10 expand 0<
relocate the F&ctlities in the futuP:~ and:
E. Sprinl has enlered U1!O an easement tgreement with SoutbenI Pacific
Transportatio<> Company. which allows Sprint \0 ins!alI. construct. operate, maintain,
011 .... ~ rebu~cI, rep ..... renew, and replace Ill. Facilities on the Property; and
F. Ia order 10 provide ~ CiIJ 10 ~ operate and maintaln the Project.
wMe ensuring Sprint t! .. O<>nOnued ability a,.,d fiexibffity 10 construct. operate ar.d
maintain lhe Fao"tie<, the plIfties hereto desire 10 specify the duties and responsib~ilies of
eaclJ party. In consideration oCth. following provisions, the parties agree,
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SECTION I " CITY'S IUGHTS "'''II) QBLIGAUQNS
1.1 City .. 'WI design. =.ruct and maintain tlle Project .t "'0 cost 10 Sprint
and in accordance...n~ aD Ipp1ic&ble law," subject Ie> Sprint", prioc easemenl rights. in !he
or .. depkted iD Exhib& • A' attached ~.P.lO and in<oqx>nted herein.
1.2 Coy shall reimburse Spr'.m for any expense> Sprint DIlly incur as • result ol
the Pro~". existence on the Property. In !he evenldlat Sprlnl does;'-.cue ""I"'1lSe< as •
resuft olll-.e Pro~", existence, City agrees \0 erJ.-s into. reimbtme:nenl agreement
sa!isfaclo<y in form 10 bal.; Sprint and City.
1.1 Coy .halI DO( intoner. ...nh any prioc rights ol Sprint ...nh respect 10 !he
existence ol!he Facilities in the Property. In the ~ City sbould excavale '" cIriD in !he
Property, it .ball do so in • DO!H!estructive 1IWlI1«. PO!holir.g WI! be done by vaaruro
removal. by 1IlUl'.5 ol So9 dig. Inc., or equhloJenl contractor, or lIS an alternative, WI! dig
Mlh band 10015 10 a depth agreed upoo by the parties.
1.4 City shall notify Sprint 48 houn prioc Ie> CO!!1lIle!lC<menl olany and all
.ctivities relaUr.g 10 !be constnJction oc maintenance ol tlle bike path wbie' m.!!y irnpacl
Sprint', Facilities. Suc~ nC>tiJkation shall be given 10 Spri!ll's Westera R.gional Conrrol
Center It
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I.S Coy shall conduct all ,.ork wbic:I! may irnpacl Sprint", Facilities in • sat.
and worf<man.liJc. manner, in. manner acceptable Ie> Sprint, and in accordance with all
applicable laws.
SECTION 2 -SPRINT'S IUGKTS A>ID OBLIGATIONS
2.1 Sprint wi notify Coy 48 00>.lTS prioc 10 commencemeDl olany and all regular
<lC KheduJed maintenance work dlat DIlly affect the Project. Sprint shall ootify Coy
regarding """"Benoy worl< IS soon II possible a1ler Sprint determines such emergency
work is required. Such ootiIicatlon shall be gjvea 10 Coy It:
1-41S-319-2S20 Dr
1-41~29-Z299 (F .. )
2.2 SprinI WI! COIlduCl all work 00 !be Property in. safe manner iD
accordance with aD .pp1ic&bI.Ia ..... Sprint slIaJj close thal poetio. o{!he Property where
work will be oondU<:!ed by plAcing "BIKE PAm CLOSED" signs and banicad .. at L'>e
_ a<:ces5 poinu 10 the Property.
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2,} Sprint ,I,aD DOl drive 00 or odleN&e unnecessarily interfere with lb. use
0( tho bike path ., <OIlducting its <!ail~ irupections.
2.( Sprint.hoD retalD aecesllo Sprint', Facilities at aD poin!! along 1M Project
rout .. SucllIICUSS \0 Sprint'. manholes shoD be provided by means o(r<mo,-ab!e ballard.
l.w.lled al variouJ Iocstions, including. but no« limited 10 1M ronowing locations, ..
sbowa o. Exhibit· A':
I, PeIPS Parking Ld;
2. Encina Avenue;
}, Embar~oRo.~
4, Churclu'D Avenue;
a"d by mean; 0(, slicfmg gate \0 be located 14S fed northwest o(Eocina Avenue,
bet~ PeIPS SUtioo oumben IOa:! I,
In situations in ",1UClt the Focilitks ar.dlor Spf.nt'. ability \0 provide service L'lrough 1M
Facilities is put at risk ("Jeopardy Situations"). L"d emergen<:y worl< 00 (lTh,,-uding
emergenq _oration). Of protection 0( the Facilities is required, Sprint may aecess ito
liIciliti •• al any point along 1M project roul. notwithstancflllg L~. existence of any sliding
gate 0< rernov1ble ballard at d1at locatio It In oudl Jeopardy Situalions, Sprint may drive
0"'"', em. or along. and may reasonably inIe&re with and cflStllpt I1le use of 1M bile path
in 1M conduct 0( lbe emergenq worl< on (rnclucfmg emergenq res:oralion). Of protection
0( the Facilities
H In the ",en! !l>a! Sprint finds iI oecessary \0 expand Of IIlO<fIfy ito Facffit ....
and suc. expansion or modilicafion irnpac''' upon 1M Project. either during tlle Project'.
construclioo or after its completion. Spr'.nt WII incur no liBl>ility \0 Gry lOr any damage
\0 the Pro~ unless sue. damage is. result o(Spriin'. neg!igen~ or willful ",j!COnduct.
SECTION 1 -MUTUAL IUGHTS AND OBLIGATIONS
),1 CII} and Sprint WII each indemnify and hold harmless the other. on behalf
of eac~ 0( I1lem and their respective officers, employees. contradOC1, invitee .. and agcntJ
from and against all claims, losses. damage or bbiIity arising from the respective .... 0(
tlle Property by _II 0(11lem, Of their respective officen. employ .... centradOC1, invil ....
and agena
},2 Neither party may assign this 'groomelll without Ill. writtea consent o(th.
ocher. which consenl shoD IlOl be unreuonably withlIeld. e<eept !l>a! Sprinl DIlly assign all
of~. rights in Ill. Agreemelll \0 • legal entity wIUclt is. !Ubsidiary or affiIiate 0( ()(
ouocessoc in inIerest to Sprint without notia Of COnsenI o(the CIIy,
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3.3 This ogrecment "r,resenll !he entire agreement betw_ !he parties and
may only be amended, altered, modified or terminated by ",!>sequent agreement, in
writing. Jigned by boll! parties.
3.4 This IgroemenI shali be in etrec:l ~!heparties b; so Ioog as !he
parties hold their respeai·,. mteresll in !he property.
U All dem.tnd. and requests giv .. by one pOIlJ 10 !he olher pl!rty shaIJ be in
writing and W!l be deemed 10 be duly given on !he date delMnd by Certified or
kgislend United Stat .. maiJ. or by a reputJble overnight courier seMces, eddTessed IS
~ws:
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Te> Sprint Sprini Couuoonicatioos Coolpany LP.
Atm.: ML""8er. Network Ite!I Estate
901 East l04t1o
!Ca..,... City, MO 64131
Wttlll copy 10: SprinI Communications Company L.P.
Atm.: General Counsel
1140 Ward Parkwoy
Kansas C'IIy, MO 64114-0411
To City: City of Polo Alto
Atm.: City ClerIc
250 HamihOll Avenue
Palo Aho. CA 94303
Wttlla copy 10: C'1Iy of Palo Alto
Attn.: Chief Transportation Official
2SO HanultOD Avenue
Palo Aho. CA 94303
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IN WI"rnESS WHEREOF, the ~srtl .. hcrcIo hove oxoculed thlt Asr"'= the
day an4 yur firs! lbo •• written.
ATrtsT:
APPROYW AS TO FORM:
APPROVE!>.
APPROVED AS TO CONTENT:
Chi,e( TransporutDon Officilll
CITY OF PALO ALTO
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Sprini
TEMPOR.'J<Y DELEGATION Of API'ROy,o.L AIJTHORIiY
Director Rt.! fna!; A;:Qllj$jtjcm Ie AdmjnistraOoo
Trttc
ill ~e wit& r-.taanciaJ porq 20.1 .. Fiscal' Aul!:lorizatioa. do hue-by de:kgate Illy f"!.SCar oIlpproval
authorit) t:
El~D1Iprrr Type
$500 000
This c!clegation of"IJ""JIO,'i.!)' is f::'f~\.~ for me ~od of Thursday. M'...iIY 25. 1995, ~d f;iday. ~Ia:: 1~
1995.(<:ann~ t":.'it'eed >0 da~"5) and is rleces~ due: to travel and' vacatiOIl (~ilSO!l, Ie g., abse".::~ 1f:T. eo1.
IllSiructfdtl£ A. cop)' of this compt&d fo.rm s.\oold' i'tCcom'pomy indi..,td1l.ill fi~nc~ ccmrnitrntll.! Cor
t:~,p:tldiMC 4oc .. ~t.:Itioll ilWrO\-ed' IImi'a Ihts above I.e:DI'pOrary detc.gafion.
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AGaRIKllIX
lIBT\1U311 1"0 CITY OP PALO ALro AND Mel
TBLEOQIOl'OlII CAnONS COR.POllTION POll TBB
CONS'1'Il1!CTIOIf OP A BU::a PATH PIlOX ClroRCBILL
AVEVCllI: TO TD SOOTKBRLY END OP TBB PENDlSV'..A
CORllIDOIl JOIn 1'OWBIlS IIOAlU) l'AAXIIIG LOT
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THIS AGRBBMB!n' is ... de and e"tered into t.his ___ day of =====.-=::' 1995, by and between the City of Palo Alto, a
municipal corporation of the State of california, hereinafUr
referred to as ·City,,-and Mel TelecommunIcations Corporatlon l a
Delaware Cbrporatloo l with offices at 4~ International Parkway,
Richardsoo" Texas 75081" hereinafter referred to as ·company.-
gclTAL§1
A~ City proposes to construct:" operate and mai~tain a
bike patb on the west side Of the railroad tracks trom Churchill
Avenue t.o the southerly end of t.he Peninsula corridor Joint Powers
Board ('JPl!'l parking lot, including a bridge over Embarcadero Road
(the -project W). and .
B. Tbe Project will be constructed on property own~ by
the Palo Alto Unified School District: ('PAOSD'l, Stanford
university and. the .JP8" hereinafter respectively referred to as the
• PAUSO Property" -the -Stanfocd Property,,:' and tbe -JPB property,,
and sometimes also 9Ol1ectively refer~ to as the -Prgperty-; and
C. City viii be entering into separate agreements with
PAUSO" Stan~o_~ and JPB to allow City t.o -.coostruc~" operate and
r~iL~aln the project on tbe Property; and
D_ Fiber optics systems o .. -ned by Company, hereinafter
generally referred t.o as -Facilities· currently exist on and across
the Property, upon a prior existing right-ot-way allOYing ~y
the right to operate. maintain and relocate its facilities witb
right.s for unobstruct.ed ingress and egress" and COmpany )Z.'J;J.y need to
expand or relocate ~he Facilities in the futurei and
B. Company bas entered into agreement.s with JPB and
others. which agre~nt~ allow Company to CODstruct l operate and
mai~tain the Facilities on the Property; and
F. rn or~er to provide for City to construct, operate
and maJntain the Project" while ensuring Company tbe continued
ability and flexibility to construct, operate aod maintain. the
Facilitles l the parties hereto desire to specify the duties and
responsibilities of each party. In consideration of the folloring
provisions, the parties agree:
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SECTIQN 1 -CI1Y f $ RIGHTS AND QpLIGATION~
1.1 City shall design~ construct and maintain the
project in accorda.n<:e with all applicable laws.. at no cost. to
Company_
1.2 City shall not intertere with any prior rights of
CompanY' with respect t.o the· existence of the Facilities in the
Property.. In t.be event City sbould excavate or drill in the
Property, it shall do so in a noo'destru<:dve manner_ Pothollog
shall be done I:ly vacuum removal" by means of Softdig" Inc ... or
equivalent contractor .. or as an alternative .. shall dig with hand
tools to a depth a9reed upon by the parties_
1.3 City shall indemnify and hold harmless the Company, (jf;)
and Company's respectIve officers" employees, contractors"
6Ubcon~rac.~ors .. invitees .. and agentB from and against all clai~B ..
losses, damage or liability arising from the Citys uses of the
c..xnpa.ny's right.-of-way .. including but not limited to injuries or
death of users of the bike path, and for damages to ~a9eaeB~&~~~~J
fences or other 1mp.rovenents installed: on Company·s iight-of-vay bY
the City. except to the extent such <:laims, losses, damage or
liability arise from Companys negligence_
l..~ City sbal.l install permanent gates at least ten (lO)
feet in width, at ~wo locations as directed by Company to allow
direct access to Companys splice and handbole boXES and at both
ends ot the bike path across Companys right-ot-way to allow
continued unenCUlt'bered access t:.o Company'e right-af-way.
1.5 City wHl relrOVe, or place C<:>cpany by-pass locks on
existing gates across Conpanys right.-of-way to the PAOSD· Property ..
SECTION 2 .. COMPANY'S RIGHTS AND OBLIGATIQ~
2.1 Cocrpany shall notify City 4B hours prior. to
caranen<:ement of any and all regular or scheduled maintenance work
tbat may affect the Project. C<:>cpany sr.all notify City r"9ardiog
emergency work as soon as possible after Company determines such
emergency work is required.
~ 2.2 coapany sha11 conduct. all work on t.be Property in a
safe manner in accordance with all applica.llie laws. Company shall
t close that portion of the Prvperty wb,ere work will be conduct.ed by
placing :1:1 I I I "CLOSED" signs and barricades at the nearest
access points to the Property~
2.3 Company sball ~ drive on or ~herwise interfere
with the use of the bike path in conducting its daily inspections.
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IN WITNESS WHEREOF ~ t.he parties heret.o have executed this
Agreement the day and year first above Yritten~
eITlt' 01' PALO ALTO
City Clerk Mayor
senIor Asst. City Attorney
APPllOVlll) •
AsdataDt City Manager
Dlrecter ~ Finan~e
Jlisk Ma.nager
Chief Transportation Official
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STATE OF TEXAS )
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COUNTY OF O.oJ..LAS )
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On ~ 7 , 1995,llef()(s me, 6'tv 4 t:iddui' . a
NoIa'y Plbfoe, peI'SOI1al1y appeared Jerry H. Hogan, pe.-~ y known to me (or proved 10
me on Ihe basis d satisfacloly evidence) 10 be Ihe person whose name is subsctibed 10
tle wilhin i'l5In.m6nI and acI\tlOW!adged 10 me that he exeaJled tle same in tlis au1horized
capacity, and Ihat by Ns signabse on !he inslr.J!Tl9t1l !he person. or !he en~1y upon behalf
d wI1i<:h tle pe<sOn acted, execuled 1he instrumerl.
WItnesS my~.and and offICial seal.
Pubroe
My commission expires:
(Seal)
STATE OF C.oJ..tFORNlA )
: SS
COUNlYOF )
Elizabeth Pe~
IcU!y MIfc. SlR II loa
Ill! c-. [rplrG11101191
On , 1995, bef()(e me, • a
Nolaty PlbflC, personally appeared personany known
10 me (or proved 10 me on "" basis r:I satisfacl<:ry evidence) 10 be Ihe person whose name
is SI.t>sai:>ed 10 tle within instrumenl and acknowledged to me tIaI helshe exeaJled the
same in Nsiher auIhorized capacity, and tIaI by Nslh ... signalure on the inslrumenl fie
person, or fie ~1y upon be/'.alf d which !he person acted, exeaJled Ihe instrumerl.
Witness my hand and official sear.
HoIat)' Pubroe
My commission expires:
(Seal)
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8BTWEEII' 'l'lIII CXTY OP PALO AL'l'O 1tJlI) WZLTEL FOR
!'lIB ca!STlIlJC'I'ZOil OP A IUD PA'l'II l'ROK ClroRClULL
AVBNOlI ro 'l'lIII SOIlTDRLY END OP 'l'lIII PENmsOLA
COltRn>OR JOZIIT POWERS BOARD PAUmG L<n
. TKtS AGRBEMENT is Clade and entered into this 2t> II-day of a~ . 1995. by and between the City of Palo Alto, a
municipa corporation of t.he· Sta.te of califorLia" hereinaft.er
referred to as ICity.1 and WilTel. Ine." a Delaware cov.poration,
with offices at One Williams Center. Tulsa, Oklahoma 74112"
hereinaft.er referred to as ICompaDy~1
UCITALSlt
A. City proposes to construct" operate and maintain a
bike path on the 'West side of tbe railroad tracks from Churchill
Avenue to the southerly end ~f the Peninsula Corridor Joint Powers
Board (lJPBI) parking lot., including a bridge over Embarcadero R.oad
(the • Proj ect.1 J; and .
B. The Project will be constructed on property owned by
the Palo ~to ·Onified School District (IPAOSOI,. Stanford
university and. the JPB, hereInafter respectively referred to as the
IpAUSD Property •• the ·Stanford Property .. • and t.he -JPB Property,·
and sometimes also collect.ively referred to as the l,Property·,; and
C.. City viII be entering int.o separate agreemen·ts with
PAUSP.. Stanford and JPB to allow City to constru~t. operate and
·mai~tain the Project on the Property; and
D~ Fiber ~ics systems owned by Company. hereinafter
generally referred to as IFacilitIes· currently exist on and across
the Property. upon a prtor existing right of way allowing COmpany
the right to operate, maIntain and relocate its facilities with
rights for unobstructed ingress and egress, and Canpany may need to
expand or relocate th~ Facilities in the future; aDd
B.. Company has en·tered into agreements with JPB and
others, which agreements allow Company to cocstruct, operate and
maintain the Facilities on the Property; and
p~ In order to provide for City to cocstruct, operate
a.nd maintain t.he Project.". while ens\lring Company t.he continued
ability and flexibility to construct. operat.e and maintain the
Facilities, ~e parties hereto desire to specify the duties and
responsihUitie" of each party_ In consideration of the folloving
provisioos" the parties agree:
f50I1J,. 003 tOIl
1 ORIGINAL
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SEC"UQN 1 -CITY'S RIGHTS AND QBLIG.\.TION'S
1.1 City shall design, construct and maincain the
Project in accordance with all applicable laws.. a.t no cost to
Company.
1.2 City shall cot. interfere with any prior rights of
Company with respect to the existez:ce of the Facilities in the
Property. In the event City should excavate or drill in the
Property~ it shall do so in a noo-destru~tive manner. Potholing
shall be done by ,,-acuum removal .. by zneans of SOft-dig,. Inc .• or
equivalent contractor,. or as an alternative .. shall dig ~th hand
tools to a depth agreed upon by t.he parties.
1.3 City shall indemnify and hold harmless the Company.
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and Carpaoys respective officers" employees, contractors,
subcontractors,. invitees,. and agent9 from aDd against all claims,
losses. damage or liability arising from the Citys uSeS of the
C~. right-of-way, in~luding but ~ limited to injuries ~~.~
deatb of users of the bike path,. and ~t;lr d~J!\3.ges to pavreme:c.,t~" '/
fences or other ilrprovements installed on COllIpany'S right·of·way by
t.he City. excepe to the extent su-c:h claims .. losses" damage or
liability arise from Company'"s negligence ..
1.. City shall install permanent gates at least ten (10)
feet in width.. at two loeatiocs as directed by COmpany to allow
direct access t.o Companys splice and handhole boxes and at ~h
ends of the bike path across Company's right-of-way to allow
coutlnued unencumbered access to Company"s right:-of-~-aYa
1. S City will remove, or place COmpany by-pass locks on
existing ga.tes across <:onp;ny's right-e>f-way 1:0 the PAUSD Property.
SECTlotl 2 -C'OMPANX'S RIGHTS AND OBLIGATIONS
2.1 Company shall ~ify City 48 hours prior to
cocmencement of any and all regular or scheduled maintenance work
that may affect the Project. Company shall ~ify City regarding
emergency work as soon as possible after Company determines .uch
emergency work Is req.J.ired.
2.2 <:onp;ny shall conduct all work on the Property in a
safe manner in accordance with all applicable lawsa Company shall
close that portion of the Property where wor-k will be conducted by
placing 'BID fNi'lI -CLOSED-sIgns and barricades at t.be nearest
acces;Q-nts to the Property.
2.3 Company shall not drive on or ~herwiae interfere
with the use of the bike path in condu~ting its daily inspections.
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IX W1n~ WHEREOF, the parties hereto have executed this
Agreement the day and year first above wyitten.
AT'rZST. CIrY OP PALO AL~'O
City Clerl<
APPROVJC) AS 'l'O POD.
SenI0.r ABst. City Attorney
AssIstant City Manager ~,,~-=~::7:::==r::aTl"'C":=n=~::e'1_FO_RH_' __ _
APPItOVRD.
Director of Finance
Risl< ~ger
Chief TransportatIon Official
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