HomeMy WebLinkAbout43-16 RESOLUTION 43-16
A RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS APRROVING A COST SHARING AND
MAINTENANCE AGREEMENT BETWEEN THE TOWN OF LOS ALTOS
HILLS,RED ORCHID LLC AND ROMESH WADHWANI AND KATHLEEN E.
WADHWANI,AS TRUSTEES OF THE ROMESH AND KATHLEEN
WADHWANI TRUST AGREEMENT DATE JULY 11, 1997 FOR THE BARRON
CREEK RESTORATION PROJECT
WHEREAS, a section of Barron Creek is in need of maintenance for storm drain purposes, and
WHEREAS, the section of Barron Creek is within a Town storm drain easement, and
WHEREAS, the adjacent property owners would also like to construct bridges and other
aesthetic improvements within the section of Barron Creek, and
WHEREAS, Red Orchid LLC, Romesh Wadhwani and Kathleen E. Wadhwani, as Trustees of
the Romesh and Kathleen Wadhwani Trust Agreement dated July 11, 1997 and the Town of Los
Altos Hills desire to enter into an agreement regarding the Barron Creek Restoration Project
NOW, THEREFORE, the City Council of the Town of Los Altos Hills does RESOLVE that
the Town hereby approves the proposed agreement between Red Orchid LLC, Romesh
Wadhwani and Kathleen E. Wadhwani, as Trustees of the Romesh and Kathleen Wadhwani
Trust Agreement dated July 11, 1997 and the Town of Los Altos Hills attached as Attachment A
hereto; and that the City Manager is hereby authorized and directed to execute the Agreement on
behalf of the Town.
The above and foregoing Resolution was passed and adopted by the City Council of the Town of
Los Altos Hills as a special meeting held on 20th of July, 2016 by the following vote:
AYES: Harpootlian, Waldeck, Corrigan, Radford, Spreen
NOES: None
ABSENT: None
ABSTAIN: None
By:
ohn Harpootlian, Mayor
ATTEST:
Deborah L:Padovan, City Clerk
Resolution 43-16 Page 1
ATTACHMENT A
COST SHARING AND
MAINTENANCE AGREEMENT
THIS COST SHARING AND MAINTENANCE AGREEMENT (this "Agreement') is
made effective as of Mil %) , 2016 (the "Effective Date"),by and between Red Orchid LLC, a
California limited liability company ("Red Orchid"), Romesh Wadhwani and Kathleen E.
Wadhwani, as Trustees of The Romesh and Kathleen Wadhwani Trust Agreement dated July 11,
1997 (the "Trust"), and the Town of Los Altos Hills, a municipal and political entity of the State
of California("Town"), each a"Party" and collectively the"Parties".
RECITALS:
A. Red Orchid is the fee owner of that certain property located in Santa Clara County,
California, as more particularly described on Exhibit A-1, attached hereto (the "Red Orchid
Property"). The Trust is the fee owner of that certain property located in Santa Clara County,
California,as more particularly described on Exhibit A-2,attached hereto (the"Trust Property").
B. A boundary between the Red Orchid Property and the Trust Property consists of a
semi-engineered waterway commonly known as "Barron Creek", as more particularly described
on Exhibit B, attached hereto (the"Creek").
C. Prior to the Effective Date,the Parties acknowledge that the Creek,through no fault
of the Parties, has become overgrown and is currently in need of maintenance.
D. The Parties desire to restore the Creek and to complete certain storm water
improvements on the Creek, including, but not limited to, removal of excess sediments that have
accumulated over the years to re-establish the original flowline of the channel,remove vegetation
that impedes drainage flow through the channel, and restore or increase the hydraulic capacity of
the original channel in a manner that does not result in negative impacts downstream of the channel
("Stormwater Improvements").
E. In addition to the Stormwater Improvements, Red Orchid and the Trust desire to
improve the aesthetic appearance of the Creek including without limitation the demolition of
certain crossings and the construction of separate additional crossings, as well as various
landscaping improvements (the "Aesthetic Improvements," collectively with the Stormwater
Improvements,the"Creek Improvements").
F. The Parties desire to enter into this Agreement to provide, among other things, for
the rights and obligations regarding the Creek Improvements, including without limitation the
payment of certain sums incurred for the Creek Improvements and ongoing maintenance
obligations allocable to each Party,all in accordance with the terms and conditions set forth herein.
G. The Trust wishes to delegate to Red Orchid authority for performance of its
obligations hereunder with respect to the Creek Improvements, as more particularly set forth in
Section 11(m) below.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged,the Parties hereby agree as follows:
Barron.Creek.041416 Resolution 43-16 Page 2 1
1. Creek Improvements.
(a) Creek Improvements Area. The Creek Improvements shall encompass the
section of the Creek bordering the Red Orchid Property and the Trust Property, as well as a section
of the Creek upstream from the Red Orchid Property(known as the "Upstream Parcel," owned as
of the Effective Date by David Pefley) over which Town owns a storm drain easement ("Town's
Right of Way") each as more particularly described and depicted on Exhibit B, (the "Creek
Improvement Area").
(b) Scope of Improvements. - The Creek Improvements are comprised of
Stormwater Improvements and Aesthetic Improvements. The Creek Improvements shall include
all design,permitting,demolition,construction and installation necessary to achieve the reasonable
improvements to the Creek Improvement Area, as more particularly set forth in the Improvement
Plan(as defined below).
(c) Application. No later than May 31, 2016, Red Orchid shall apply to Town
for all permits necessary to achieve the Creek Improvements (the"Permits"). Pursuant to which,
Town shall (1) process the application; and (2) waive the cost of any and all staff time and the
permit fees (except for the cost of any building permit fees) associated with the Creek
Improvements as may be assessed by the Town.
(d) Improvement Plan. The Parties shall use all commercially reasonable efforts
to create,approve and execute a plan for the Creek Improvements (the"Improvement Plan"). The
Parties will ensure that any Aesthetic Improvements in the Improvement Plan"will not interfere
with the Stormwater Improvements. The Parties recognize that many of the improvements
constitute both Stormwater Improvements and Aesthetic Improvements,but certain improvements
are solely Aesthetic Improvements. The Improvement Plan shall outline in detail all of the Creek
Improvements, and shall specifically identify any improvements that are solely Aesthetic
Improvements. The Creek Improvements shall include, but not be limited to,the following:
(i) Clearing of all debris, dead vegetation and rubbish from within the
Creek Improvement Area;
(ii) Removal of certain trees and vegetation, as more particularly set
forth in the Improvement Plan;
(iii) Planting and installation of various new vegetation, as more
particularly set forth in that certain Revegetation Plan, created for Red Orchid by Thomas Klope
Associates, Inc. (the "Revegetation Plan"), which shall be incorporated into the Improvement
Plan;
(iv) Demolition and removal of the garden crossings as more particularly
described on Exhibit B;
(v) Construction and installation of an access gate and walkway, -as
more particularly described on Exhibit B; and,
(vi) Construction and installation of any berms, walls, or other
Barron.Creek.041416 2
Resolution 43-16 Page 3
improvements reasonably necessary for the Creek Improvements
(vii) Removal of accumulated excess sediments to re-establish the
original flowline of the Creek, remove vegetation that impedes drainage flow through the Creek,
and restore or increase the hydraulic capacity of the Creek in a manner that does not result in
negative impacts downstream of the Creek.
(e) Additional Applicable Laws and Cooperation.
(i) CEQA. The Parties acknowledge that the Creek Improvements may
be subject to the California Environmental Quality Act ("CEQA"). In the event the Creek
Improvements are subject to CEQA, the Parties shall work diligently to pursue a Mitigated
Negative Declaration (as that term is defined under CEQA) for the Creek Improvements. If any
additional CEQA analysis or documentation is required specific to the improvements identified as
solely Aesthetic Improvements, Red Orchid will be responsible for the cost of such additional
analysis and/or documentation.
(ii) Cooperation with Other Laws. The Parties acknowledge that the
Creek Improvements'may fall within the jurisdiction of additional state and federal laws,rules and
regulations, including without limitation the federal Clean Water Act, which jurisdiction(s) may
require Red Orchid to acquire additional permits ("Additional Permits"). Should Additional
Permits be required, Town shall reasonably cooperate with Red Orchid's efforts to obtain such
Additional Permits.
2. Storm Drain Maintenance. Upon completion of the Creek Improvements, Red
Orchid shall be solely responsible for all maintenance and upkeep in the Creek Improvement Area,
including maintenance and upkeep of the Stormwater Improvements within and outside of the
Town's Right-of-Way completed pursuant to this Agreement ("(the "Creek Maintenance"). Red
Orchid's obligations for Creek Maintenance shall include, but not be limited to,the following:
a) Maintenance of Creek Improvements. Red Orchid shall adequately
maintain the Creek Improvements in good working order acceptable to Town and in accordance
with the Improvement Plan and shall not alter any Stormwater Improvements from the Creek
Improvement Area in any manner that lessens their effectiveness. Pursuant to this section, Creek
Maintenance activities shall include, but are not limited to:
(i) Monitoring and ensuring that the location of the Creek's flowline
conforms to the location provided for in the Improvement Plan; a comparison
of the Creek's flowline with the Improvement Plan must be conducted at least
once per year and the results must be reported in the Annual Inspection
Checklist discussed below,
(ii) Monitoring and ensuring that all vegetation is properly trimmed,
pruned and cared for, removing vegetation that impedes drainage flow through
the Creek, and removing or replacing any diseased or dead _vegetation as
necessary,
Barron.Creek.041416 Resolution 43-16 Page 4 3
(iii) Ensuring that all dead vegetation, rubbish, and debris, including
leaves and branches, are regularly collected and removed from the Creek
Improvement Area,
(iv) Maintaining all Creek Improvements to ensure the Creek
Improvement Area is in compliance with all applicable regulatory requirements
of relevant local, state and federal agencies and complying with any orders of
those agencies,
(v) Maintaining any and all structures in the Creek Improvement Area
in good working order and in a manner that does not compromise the
effectiveness of the Stormwater Improvements,
(vi) Monitoring the Creek Improvement Area for signs of erosion and
addressing any erosion issues in accordance with the Improvement Plan,
(vii) Managing sediment accumulation by removing and properly
disposing of accumulated sediments and taking any other necessary action to
ensure that the flow of the Creek is maintained in accordance with the
Improvement Plan; any disposal of accumulated sediment shall be done in
accordance with applicable regulations.
(viii) Taking any other actions reasonably necessary to ensure that the
Creek Improvements are in conformity with the Improvement Plan and that the
Stormwater Improvements are operating effectively
b) Annual Inspection. Every August prior to the beginning of the wet weather
season, Red Orchid shall conduct a thorough inspection ("Annual Inspection") of the Creek
Improvement Area to ensure that the Creek Improvements are in good working order and are in
conformity with the Improvement Plan_For the purposes of this subsection, "wet weather season"
shall mean the time period commencing on October 15th and ending on April 15th. In conducting
the Annual Inspection, Red Orchid shall complete the Annual Inspection Checklist (as may be
periodically amended by the Town), attached hereto and incorporated herein as Exhibit C and
transmit such completed Checklist to the Town for review no later than September 5h of each year.
3. c) Remedying Inadequacies. If, in reviewing the Annual Inspection
Checklist, or during any other inspection conducted by Town within its Right of Way or pursuant
to Section 5 below, the Town identifies inadequacies in the maintenance of the Creek
Improvements,Town shall provide Red Orchid with a list of such inadequacies in writing and Red
Orchid shall remedy those inadequacies within thirty (30) days of the date of the notice to the
Town's reasonable satisfaction. If Red Orchid does not remedy the inadequacies within thirty(30)
days, Town may remedy them and charge the cost to Red Orchid. In the event Town determines
there is an emergency and such inadequacies are causing or exacerbating the emergency situation,
Town may immediately remedy such inadequacies to the Creek Improvements to the extent
necessary to address the emergency. If the Town remedies inadequacies in Stormwater
Improvements on Red Orchid's behalf, those costs will be charged to Red Orchid up to the
Barron.Creek.041416 4
Resolution 43-16 Page 5
Maintenance Cap identified in Section 4(c)below.Notwithstanding the foregoing, nothing in this
Section or Agreement shall be interpreted to limit the Town's right to conduct any and all work or
maintenance within the Town's Right of Way at any time. Cost Sharing.
(a) Creek Improvements Costs. Subject to the restriction contained herein, the
Parties hereby agree and acknowledge that any costs for the Creek Improvements (the "Creek
Improvements Costs") shall be shared equally by the Parties up to and including Five Hundred
Thousand Dollars ($500,000, the "Creek Improvements Cap"). Any improvement costs
exceeding the Creek Improvements Cap shall be borne entirely by Red Orchid. The Creek
Improvements Costs applicable to the Creek Improvements Cap shall include all hard and soft
costs for the Creek Improvements, including professional costs, (including without limitation
design, engineering, geotechnical, permitting and other consultant costs), as well as any and all
costs for construction, excavation, demolition, vegetation and replanting. Notwithstanding the
foregoing,in no event shall Town's share of the Creek Improvement Costs exceed Two Hundred
and Fifty Thousand Dollars ($250,000) ("Town Payment Cap'q.
(b) Payment and Performance Bond. Prior to commencement of construction
work on the Creek Improvements,Red Orchid shall cause its general contractor to deliver to Town
copies of payment bond(s) and performance bond(s) issued by a A.M. Best rating A:VII or better
insurance company, licensed to do business in California, each in a sum of not less than one
hundred percent (100%) of the scheduled cost of construction of the Creek Improvements. The
bonds shall name Town asl an obligee, as applicable. The cost of such_performance and payment
bonds shall be shared equally among the Parties with both Red Orchid and Town paying fifty
percent(50%) of the costs.
(c) Maintenance and Maintenance Costs. As outlined in Section 2 above, upon
completion of the Creek Improvements,Red Orchid shall be solely responsible for all maintenance
and upkeep in the Creek Improvement Area,including maintenance and upkeep of the Stormwater
Improvements within and outside of the Town's Right-of-Way completed pursuant to this
Agreement. Red Orchid's monetary obligations regarding the Creek Maintenance shall not exceed
Fifty Thousand Dollars ($50,000) (as adjusted by annual change in the Engineering News-
Record's Construction Cost Index and Building Cost Index for San Francisco, California) in any
one calendar year, excluding any payments Red Orchid may make for maintenance and upkeep of
the improvements identified as solely Aesthetic Improvements in the Improvement Plan (the
"Maintenance Cap"). Red Orchid shall keep detailed records of all Creek Maintenance costs and
shall provide such records to Town upon Town's reasonable request (which requests shall not
exceed four(4)times in any calendar year). Town'shall be solely responsible for any maintenance
costs for the Creek Improvements exceeding the Maintenance Cap in any calendar year,including
without limitation any such costs relating to future restoration necessitated by a force majeure
event. For purposes of this Section, "force majeure" shall mean an act of God, natural disaster,
accident, war, civil disturbance, riot, governmental rules, regulations, or restrictions, or by any
other occurrence that is beyond the control of the Parties. Under no circumstances shall Town be
responsible for any maintenance or restoration costs associated with the improvements identified
as solely Aesthetic Improvements, including but not limited to maintenance or.restoration of any
bridges, crossings or decorative landscaping. Further, Town shall only be responsible for
maintenance or restoration of the Creek Improvements within the boundaries of Town's Right-of-
Way;the boundaries of which are depicted on Exhibit B.
Barron.Creek.041416 Resolution 43-16 Page 6 5
(d) Payment Procedure.
(i) Payment Statements. Upon Red Orchid's obtaining all necessary
permits for the Creek Improvements and the execution of an agreement with a general contractor,
Red Orchid shall provide Town with a written statement of all costs incurred as of that date
("Initial Payment Statement'). Upon completion of, and approval by the applicable agencies of,
the Creek Improvements, Red Orchid shall provide Town a written statement of all final costs
After construction of the Creek Improvements is completed and all regulatory agencies have
approved the completion, Red Orchid will prepare and deliver a statement to Town setting forth
all of the Creek Improvement Costs which have been incurred by Red Orchid as of that date(Final
Payment Statement'). Each Payment Statement shall be accompanied by sufficient backup
documentation
(ii) Town Pa nit. Within thirty (30) days of Town's receipt of the
Initial Payment Statement, Town shall pay Red Orchid fifty percent (50%) of the actual costs of
design and construction of the Creek Improvements incurred at that point in time or thirty percent
(30%) of the Town Payment Cap, whichever is less. When Town receives the Final Payment
Statement, Town shall pay Red Orchid the remaining fifty percent (50%) of the actual costs of
construction of the Creek Improvements or the remaining seventy percent (70%) of the Town
Payment Cap,whichever is less. If the Creek Improvements are not completed,Red Orchid shall
return any and all payments to the Town within 30 days of abandonment of the project.
"Abandonment of the project" shall be defined as "failure to commence construction during the
first available construction season following receipt of all permits and regulatory approvals and
failure to complete construction within 6 months of commencement, unless such failure to
complete construction within 6 months is caused by a force majeure. In the event such delay is
caused by a force majeure,Red Orchid shall receive a day-for-day extension for any such delay.
4. Term. This Agreement shall remain in full force and effect until such time as Red
Orchid, the Trust, and/or a related person or entity cease to have a fee interest in their respective
properties and all improvements identified as solely Aesthetic Improvements in the Improvement
Plan, including any bridges, have been removed from Town's Right-of-Way. Town may opt to
allow certain solely Aesthetic Improvements to remain at Town's sole discretion. Upon the
expiration of this Agreement, the Parties shall enter into an agreement, in recordable form,
evidencing the expiration of the Agreement and the termination of the rights and obligations
herein, which document shall be recorded in the Santa Clara County Official Records.
5. Right to Enter.
(a) Town. Red Orchid hereby agrees that Town, and Town's employees, agents
and independent contractors, shall have the right, at any time during the term of this Agreement,
at reasonable times during ordinary business hours following not less than twenty-four (24)hours
prior notice to Red Orchid and accompanied by a representative of Red Orchid(if Red Orchid
requests), to enter upon those portions of the Creek Improvement Area encompassed by the Red
Orchid Property, that are not within the Town's Right-of-Way, for any purpose relating to the
Creek Improvements; provided, however, Town (a) acknowledges and agrees that its entry shall
be subject to the terms and provisions of the indemnity provisions set forth in Section 10 below,
and (b) shall not conduct any physically invasive or environmental testing ("Invasive Testing")
Barron.Creek.041416 6
Resolution 43-16 Page 7
without first obtaining Red Orchid's prior written consent, which consent shall not be
unreasonably withheld, conditioned or delayed and shall be deemed given if Red Orchid does not
object to such Invasive Testing within three (3) business days of receipt of notice thereof from
Town. Notwithstanding the foregoing, the Town may conduct.any environmental or invasive
testing within the Town's Right of Way without seeking permission from Red Orchid
(b) Red Orchid. Town hereby agrees that Red Orchid, and Red Orchid's
employees, agents and independent contractors, shall have the right, at any time during the term
of this Agreement, at reasonable times during ordinary business hours following not less than
twenty-four (24) hours prior notice to Town and accompanied by a representative of Town (if
Town requests), to utilize Town's existing Right-of-Way to enter upon the Upstream Parcel for
any purpose relating to the Creek Improvements; provided, however, Red Orchid acknowledges
and agrees that its entry shall be subject to the terms and provisions of the indemnity provisions
set forth in Section 10 below.
6. Right to Remove. If, in Town's reasonable opinion, any of the Aesthetic
Improvements within the Town's Right-of-Way; including any bridges, are inhibiting effective
storm water management or damaging the Creek Improvements at the Creek or inhibiting the
Town's ability to maintain the channel for drainage flow, then Town may send written notice to
Red Orchid to mitigate the problematic effects of such Aesthetic Improvements and Red Orchid
shall perform such mitigation at its expense. If Red Orchid is unable to mitigate such problematic
effects within ninety (90) days to Town's reasonable satisfaction, then Red Orchid shall remove
the problematic Aesthetic Improvements. If Red Orchid .does not remove the problematic
Aesthetic Improvements, Town may remove them and charge the cost to Red Orchid.
7. Insurance. Liability and Workers Compensation Insurance.
(a) Prior to initiating work on the Creek Improvements and continuing
through the issuance of the Certificate of Completion, Red Orchid shall maintain and require by
written contract that all contractors working on behalf of Red Orchid on the Creek Improvements
(each a"Contractor" and collectively"Contractors") shall maintain a commercial general liability
policy in the amount of One Million Dollars ($1,000,000) each occurrence, Two Million Dollars
($2,000,000) annual aggregate, together with not less than Three Million Dollars ($3,000,000)
excess liability coverage, or such other policy limits as Town may require in its reasonable
discretion,including coverage for bodily injury,property damage,products-completed operations
and contractual liability coverage. Such policy or policies shall be written on an occurrence basis
and shall name the Town, its officers, employees, agents and officials as additional insureds.
(b) Until issuance of the Certificate of Completion, Red Orchid and all
Contractors working on behalf of Red Orchid shall maintain a comprehensive automobile liability
coverage in the amount of One Million Dollars ($1,000,000), combined single limit including
coverage for owned and non-owned vehicles and shall furnish or cause to be furnished to Town
evidence reasonably satisfactory to Town that Red Orchid and any contractor with whom Red
Orchid has contracted for the performance of work in the Creek Improvement Area or otherwise
pursuant to this Agreement carries workers' compensation insurance as required by law.
Automobile liability policies shall name Town, its officers, employees, agents and officials as
additional insureds.
Barron.Creek.041416 Resolution 43-16 Page 8 7
(c) Prior to commencement of, construction on the Creek
Improvements, Red Orchid shall furnish Town with certificates of insurance in form reasonably
acceptable to Town evidencing the required insurance coverage and duly executed endorsements
evidencing such additional insured status. Red Orchid hereby agrees to notify Town of any
material adverse change, cancellation, termination or non-renewal of the coverage at least thirty
(30) days in advance of the effective date of any such material adverse change, cancellation,
termination or non-renewal.Red Orchid shall require by written contract that all Contractors notify
Town of any material adverse change, cancellation,termination or non-renewal of the coverage at
least thirty (30) days in advance of the effective date of any such materialadverse change,
cancellation, termination or non-renewal. Red Orchid shall provide Town with certified copies of
the required insurance policies upon request of Town.
(d) If any insurance policy or coverage required of Red Orchid
hereunder is canceled or reduced, Red Orchid shall,within fifteen(15) days after receipt of notice
of such cancellation or reduction in coverage, but in no event later than the effective date of
cancellation or reduction,file with Town a certificate showing that the required insurance has been
reinstated or provided through another insurance company or companies. Upon failure to so file
such certificate, Town may, at its option, procure such insurance coverage at Red Orchid's
reasonable expense, and Red Orchid shall promptly reimburse Town for such reasonable expense
upon receipt of billing from Town.
(e) All policies of insurance required hereunder shall be provided by
insurance carriers authorized to issue such policies in the State of California and which have a
current A.M.Best's rating of no less an AXII. Coverage provided by Red Orchid shall be primary
insurance and shall not be contributing with any insurance, or self-insurance maintained by the
Town and the policies shall so provide. The worker's compensation insurance policies shall
contain a waiver of subrogation for the benefit of Town. Red Orchid shall require by written
contract that all Contractors obtain a waiver of subrogation on all other insurance policies for the
benefit of Town.
(f) Red Orchid's obligation to maintain commercial general liability
insurance naming Town, its officers, employees, agents and officials as additional insureds, as
provided herein, in the amounts prescribed in subsection (a) above shall continue for as long as
improvements identified as solely Aesthetic Improvements, such as bridges,are present in Town's
Right-of-Way and/or for as long as Red Orchid maintains Creek Improvements within the Town's
Right-of-Way.
8. Prevailing Wage
The wages to be paid for a day's work to all classes of laborers, workmen, or mechanics on the
work contemplated by this Agreement, shall be not less than the prevailing rate for a day's work
in the same trade or occupation in the locality within the state where the work hereby contemplates
to be performed as determined by the Director of Industrial Relations pursuant to the Director's
authority under Labor Code Section 1770, et seq. Each laborer,worker or mechanic employed by
Red Orchid or by any contractor or subcontractor shall receive the wages herein provided for. Red
Orchid or its contractors and subcontractors shall pay two hundred dollars ($200), or whatever
amount may be set by Labor Code Section 1775, as may be amended, per day penalty for each
Barron.Creek.0414168
Resolution"43-16 Page 9
worker paid less than prevailing rate of per diem wages. The difference between the prevailing
rate of per diem wages and the wage paid to each worker shall be paid by Red Orchid or its
contractors and subcontractors to each worker.
An error on the part of Town does not relieve Red Orchid or its contractors or subcontractors from
responsibility for payment of the prevailing rate of per diem wages and penalties pursuant to Labor
Code Sections 1770-1775. The Town will not recognize any claim for additional compensation
because of the payment by Red Orchid or its contractors or.subcontractors for any wage rate in
excess of prevailing wage rate set forth. The possibility of wage increases is one of the elements
to be considered by Red Orchid.
(A) Posting of Schedule of Prevailing Wage Rates and Deductions. If the schedule of
prevailing wage rates is not attached hereto pursuant to Labor Code Section 1773.2, Red Orchid
or its contractor shall post at appropriate conspicuous points at the site of the project a schedule
showing all determined prevailing wage rates for the various classes of laborers and mechanics to
be engaged in work on the project under this contract and all deductions, if any, required by law
to be made from unpaid wages actually earned by the laborers and mechanics so engaged.
(B) Payroll Records. Each of Red Orchid's contractors and subcontractors shall keep
an accurate payroll record, showing the name, address, social security number, work week, and
the actual per diem wages- paid to each journeyman, apprentice, worker, or other employee
employed by the Contractor in connection with the public work. Such records shall be certified
and submitted weekly as required by Labor Code Section 1776.
9. Contractors Warranty. Red Orchid's Contractor(s)will provide Town with a written
warranty guaranteeing the quality and soundness of the work performed pursuant to this
Agreement for a period of one (1) year from the date the Certificate of Completion is issued.
10. Indemnity. The Parties shall: (a) indemnify, defend, protect and hold harmless the
other Parties, and those Parties' present and former agents,representatives, affiliates, subsidiaries,
parent companies, members, managers, directors, officers, elected officials, employees, insurers,
heirs, attorneys, insureds, predecessors, successors and assignees (collectively, the "Related
Entities")from and against all costs,fees,loss,liability,damage,expenses,demand,fines,penalty,
claims, action or cause of action of any kind or nature (including attorneys' fees and expenses)
(collectively, "Damages") incurred and caused as a result of the indemnifying Party's (and its
agents, employees, contractors and invitees) entry and activity pursuant to Section 5; and (b)
promptly repair any damage caused by the indemnifying Party (and its agents, employees,
contractors and invitees) entry; provided, however, the indemnifying Parry shall have no
obligations to indemnify the other Parties and the other Parties' Related Entities for Damages
resulting from the gross negligence or willful misconduct of the other Parties nor for Damages
resulting from the indemnifying Party's mere discovery of adverse physical conditions, including,
without limitation, latent defects and hazardous materials, in, on, or under the property.
11. Miscellaneous Provisions. "
(a) Notices. Any notice, consent or approval required or permitted to be given
under this Agreement shall be in writing and shall be deemed to have been given upon (i) hand
Barron.Creek.041416 Resolution 43-16 Page 10 9
delivery, (ii) one business day after being deposited with Federal Express or another reliable
overnight courier service for next day delivery, (iii)upon facsimile transmission(except that if the
date of such transmission is not a business day, then such notice shall be deemed to be given on
the first business day following such transmission),or(iv)two business days after being deposited
in the United States mail,registered or certified mail,postage prepaid, return receipt required, and
addressed as follows:
If to Red Orchid or the Trust:
2475 Hanover Street
Palo Alto, CA 94304
Attn: Lauren Renken
Tel: (650) 935-9562
Email: Lauren.Renken@symphonytg.com
If to Town:
26379 Fremont Rd,
Los Altos Hills, CA 94022
Tel: (650) 941-7222
or such other address as either party may from time to time specify in writing to the other in the
manner aforesaid.
(b) Severability. In case any one or more of the other provisions contained in this
Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such
invalidity, illegality or unenforceability shall not affect any other provision hereof, and the
remainder of the provisions of this Agreement shall continue in full force and effect without
impairment.
(c) Time is of the Essence. Time is of the essence of the Parties' obligations
hereunder. As used in this Agreement,a"business day"shall mean any day other than a Saturday,
Sunday or recognized federal or State of California holiday. If the last date to perform any act or
give any notice with respect to this Agreement shall fall on a Saturday, Sunday or recognized
federal or State of California holiday, such act or notice may be timely performed or given on the
next succeeding day which is not a Saturday, Sunday or federal or State of California holiday.
(d) Interpretation. Whenever the context hereof shall so require, the singular
shall include the plural, the male gender shall include the female gender and the neuter, and vice
versa. The headings contained in this Agreement are for reference purposes only and shall not in
any way affect the meaning or interpretation hereof. No party to this Agreement is in a disparate
bargaining position vis-a-vis the other. The provisions of this Agreement shall be construed as to
their fair meaning, as if prepared by the Parties jointly,and not for or against any Party based upon
any attribution to such party as the source of the language in question.
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Resolution 43-16 Page 11
(e) Entire Agreement; Exhibits. This Agreement and all documents referred to
herein(i) constitute and are intended as a final expression and a complete and exclusive statement
of the understanding and the agreement between the Parties with respect to the subject matter
hereof; (ii) supersede all prior or simultaneous understandings, correspondence, letters of intent,
negotiations, or agreements,whether oral or in writing,between the parties respecting the subject
matter of this Agreement, and (iii) may not be modified, amended or otherwise changed in any
manner except by a writing specifically setting forth such modification, amendment or change and
executed by the parties hereto. All exhibits attached hereto are incorporated herein by this
reference.
(f) Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
(g) Assignment. Red Orchid and the Trust may assign their respective rights and
duties hereunder to any affiliated person or entity as long as such affiliate transferee expressly
assumes the obligations set forth herein pursuant to an assignment and assumption agreement
between Red Orchid or the Trust (as applicable) and such affiliate transferee for the benefit of
Town.
(h) Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed an original, but all of which together shall constitute
one and the same instrument.
(i) No Third P Benefit. The execution and delivery of this Agreement shall
not be deemed to confer any rights upon, nor obligate the Parties to, any person or entity not a
party to this Agreement.
(j) Further Acts. Each of the Parties shall execute such other and further
documents and do such further acts as may be reasonably required to effectuate the intent of the
parties and carry out the terms of this Agreement.
(k) Attorneys' Fees. In the event any Party hereto shall institute any action or
proceeding against any other party hereto relating to this Agreement, the unsuccessful Party in
such action or proceeding shall reimburse the successful Party for its expenses incurred in
connection therewith and for its reasonable attorneys' fees as fixed by the arbitrator or court.
(1) Memorandum. This Agreement shall not be recorded. The Parties shall
execute and cause to be recorded in the Santa Clara County Official Records a memorandum of
this Agreement in the form attached hereto as Exhibit D (the"Memorandum").
(m) Delegation of Authority. The Trust hereby delegates all authority to Red
Orchid, without the necessity for further consents or authorizations, to perform any and all of the
Trust's obligations under this Agreement, including without limitation, the planning, permitting
and construction of the Creek Improvements,payment for the Creek Improvements,procurement
of insurance, ongoing maintenance obligations with respect to the Creek Improvements, and
alteration or removal of the Creek Improvements, all as provided in this Agreement.
[Signatures on the Following Page]
Barron.Creek.041416 11
Resolution 43-16 Page 12
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
above written.
RED ORCHID:
Red Orchid LLC,
a Cali rnia limited liability company
Byk
NaAi6:
Its:
THE TR
The Ro nd Kathleen wani Trust
By:
IGneadhwani, as Trustee of
omesh and Kathleen Wadhwani
Trust Agreement dated July 11, 1997
By: ,,
Kathleen E. Wadhwani, as Trustee of
The Romesh and Kathleen Wadhwani
Trust Agreement dated July 11, 1997
TOWN:
TOWN OF LOS ALTOS HILLS
By: �,
Name: Carl Cahill
Its: City Manager
Barron.Creek.041416 Resolution 43-16 Page 13 12
CALIFORNIA ALL-PURPOSE ACKNOWLEDMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
On July 26, 2016, before me, Deborah L. Padovan, Notary Public, personally appeared Carl
Cahill, who proved to me on the basis of satisfactory evidence to be the person
,'whose name(s)-
is/exe subscribed to the within instrument and acknowledged to me that he><SheAhey executed the
same in his4terYrmir authorized capacity and that by his+erftheiT signature,W on the
instrument the person, or the entity upon behalf of which the person' acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
T
DEBORAH L.PADO VAN
Commission#2104366
Signature:. (Seal) -w�� Notary Public-California
Santa Clara County
MV Comm.211r6s Apr 19,2019
Resolution 43-16 Page 14
EXHIBIT A-1
THE RED ORCHID PROPERTY
[PLEASE SEE ATTACHED]
Barron.Creek.041416 13
Resolution 43-16 Page 15
1
EXHIBIT A-1
THE RED ORCHID PROPERTY
REAL PROPERTY IN THE CITY OF LOS ALTOS HILLS,COUNTY OF SANTA CLARA, STATE OF CALIFORNIA,
DESCRIBED AS FOLLOWS:
PARCEL ONE:
A portion of Lot 26, as shown upon that certain Map entitled, "Map of the H. &H.Taaffe Subdivision of Lot 4 of the
Taaffe Partition, in the Rancho La Purissima Concepcion", which Map was liled for record in the Ofhce of the
Recorder of the County of Santa Clara, State of California, on July 15, 1897, in Book"I"of Maps, at Pages 72 and 73,
Santa Clara County Records, more particularly described as follows:
Commencing at a point in the centerline of Fremont Avenue distant thereon North 671 10'West 427.45 feet from the
common corner of Lots 27,28, 42 and 43 as shown upon the Map above referred to,said point also being the
Northeasterly corner of that certain tract of land described in the Deed to Arthur P. Williams recorded October 10,
1945, in Book 1290 of Official Records, at Page 371,thence from said point of beginning South 02° 50'West along
the Easterly line of said land described to Williams for a distance of 237.80 feet to the Southeasterly corner of Parcel
One described in the Deed to Richard L. Hasenpflug,et ux., recorded September 26, 1974, Book 8102 of Official
Records, Page 196, said Southeasterly corner also.being the true point of beginning of the parcel of land to be
described; thence from said true point of beginning North 870 10'West along the Southerly line of said Parcel One
described in said Deed to Hasenpflug, 200.00 feet to the point of intersection thereof with the Easterly line of that
certain 'Tract No. 3793",which Map was filed for record in the Office of the Recorder of the County of Santa Clara,
State of California, on May 4, 1965, In Book 194 of Maps, at Page 15;thence South 020 50'West along the Easterly
line of said 'Tract No. 3793", 217.80 feet; thence South 870 10'East 200 feet to the Easterly line of tract of land so
described in said Deed to Williams; thence North 020 50'East along said Easterly line of said tract of land so
described in said Deed to Williams, 217.80 feet to the true point of beginning.
PARCEL TWO:
A non-exclusive easement for vehicular and pedestrian ingress and egress and for the installation, maintenance and
repair of water lines and water services situate in the City of the Town of Los Altos Hills, County of Santa Clara, State
of California, under and across a portion of the lands conveyed from Luella M. Klock to Richard L. Hasenpflug and
Sandra L. Hasenpflug, by Deed recorded on September 26, 1974, Document No. 4860385, in Book B102, Page 196,
to the records of Santa Clara County, California, said easement being a strip of land 12 feet in width,which is more
particularly described as follows:
A portion of the strip of land as shown as"Proposed 12' Easement" on that certain Map entitled, "Record of Survey
Property of R. C. KIock",filed January 25, 1959, File No. 1300291, in Book 78 of Maps,at Page 3, records of Santa
Clara County, California; said strip being 12 feet wide and 217.80 feet long,the Westerly line of said strip adjoining
the Westerly line of the Northerly one acre parcel of land as shown on said Map, and the Northwest corner of said
strip being South 021 50'West 20.00 feet distant from the centerline of Fremont Road,said strip containing 2614
square feet of land, more or less.
APN: 175-35-014
Resolution 43-16 Page 16
EXHIBIT A-2
THE TRUST PROPERTY
[PLEASE SEE ATTACHED]
Barron.Creek.041416 Resolution 43-16 Page 17 14
EXHIBIT A-2
THE TRUST PROPERTY
All that certain real property situate in the Town of Los Altos Hills, County of Santa Clara, State
of California, described as follows:
All of Parcel D, as shown on that certain Parcel Map which Map was filed for record in the
office of the Recorder of the County of Santa Clara, State of California, on April 21, 1976, in
Book 370 of Maps,page(s) 32.
Resolution 43-16 Page 18
EXHIBIT B
THE CREEK, THE UPSTREAM PARCEL,TOWN'S RIGHT OF WAY,AND
THE CREEK IMPROVEMENT AREA
[PLEASE SEE ATTACHED]
Barron.Creek.041416 15
Resolution 43-16 Page 19
O
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b
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0
EXHIBIT'B'-SITE PLAN PROJEcrxO. 12082.000.000 FIGURE No,
o.
ENCPEO BARRON CREEK RESTORATION SUM AS SHOWN 1
ct
—ExpeExcellence— 1
LOS ALTOS HILLS,CALIFORNIA DRAWNBY: PC I OEcxEDex: JB
G.\Drafting\DRAFTING2\.Dwg\-10000 to 12999\12082\000\12082000CDD-1—SileMop—Exhibit-0516.dwg Plot Dote:6-13-16 dborde ORIGINAL FIGURE PRINTED IN COLOR
Resolution 43-16 Page 20
EXHIBIT C
ANNUAL INSPECTION CHECKLIST
Barron.Creek.041416 1
Resolution 43-16 Page 21
Red Orchid LLC
Annual Inspection Checklist
Creek Improvement Area
(To be performed in August of each year and submitted to Town no later than September 5 of each year)
Inspection Date:
Weather Condition:
Completed By:
Contact number:
ACTIVITY COMMENTS
Current flowline of channel conforms to original
design flowline(Registered civil engineer to
certify)
Current cross section of channel conforms to
original design cross section(Registered civil
engineer to certify)
Debris removed from creek improvement area
Access to channel is unobstructed
Vegetation is maintained and does not obstruct
drainage flow
Excess sediments has been removed to ensure
unobstructed flow
Permitting agency requirements have been satisfied
All improvements in the creek improvement area
are maintained and in good working order
Bridges and other approved structures have been
inspected to confirm structural integrity is adequate
Dead,fallen tree and/or limbs removed
Access to sewer line and manholes is clear and
unobstructed
Channel and embankments have adequate erosion
protection
Any and all erosion in the creek improvement area
has been repaired and stabilized
Irrigation system adjusted and checked for proper
o eration
Irrigation system turned off for the winter season
Landscaping inspected and maintained
Photos Taken by: Date:
Additional Comments:
Resolution 43-16 Page 22
EXHIBIT D
THE MEMORANDUM
[PLEASE SEE ATTACHED]
Barron.Creek.041416 2
Resolution 43-16 Page 23
Recording Requested By And
When Recorded Mail To:
Attn:
APN: (Space above this line for Recorder's use)
MEMORANDUM OF
COST SHARING AND MAINTENANCE AGREEMENT
THIS MEMORANDUM OF COST SHARING AND MAINTENANCE
AGREEMENT("Memorandum")by and between Red Orchid LLC, a California limited liability
company ("Red Orchid"), Romesh Wadhwani and Kathleen E. Wadhwani, as Trustees of The
Romesh and Kathleen Wadhwani Trust Agreement dated July 11, 1997 (the "Trust"), and the
Town of Los Altos Hills, a municipal and political entity of the State of California("Town"), each
a"Party" and collectively the "Parties".
RECITALS:
A. Red Orchid is the fee owner of that certain property located in Santa Clara County,
California, as more particularly described on Exhibit A-1, attached hereto (the "Red Orchid
Property"). The Trust is the fee owner of that certain property located in Santa Clara County,
California, as more particularly described on Exhibit A-2, attached hereto(the"Trust Property").
B. A boundary between the Red Orchid Property and the Trust Property consists of a
semi-engineered waterway commonly known as "Barron Creek", as more particularly described
on Exhibit B, attached hereto (the "Creek").
C. Prior to the execution of this Memorandum,the Parties acknowledge that the Creek,
through no fault of the Parties, has become overgrown and is currently in need of maintenance.
D. The Parties desire to restore the Creek and to complete certain storm water
improvements on the Creek, including, but not limited to, removal of excess sediments that have
accumulated over the years to re-establish the original flowline of the channel,remove vegetation
that impedes drainage flow through the channel, and restore or increase the hydraulic capacity of
the original channel in a manner that does not result in negative impacts downstream of the channel
("Stormwater Improvements").
E. In addition to the Stormwater Improvements, Red Orchid and the Trust desire to
improve the aesthetic appearance of the Creek, including without limitation the demolition of
certain crossings and the construction of separate additional crossings, as well as various
landscaping improvements (the "Aesthetic Improvements"), collectively with the Stormwater
Improvements,the "Creek Improvements".
1
Resolution 43-16 Page 24
F. The Parties recognize that many of the improvements constitute both Stormwater
Improvements and Aesthetic Improvements, but certain improvements are solely Aesthetic
Improvements.
G. Concurrently with the execution of this Memorandum, the Parties have executed
the Cost Sharing and Maintenance Agreement("Agreement")to provide, among other things, for
the rights and obligations regarding Creek Improvements, as well as for the payment of certain
sums incurred for the Creek Improvements and ongoing maintenance allocable to each Party, all
in accordance with the terms and conditions set forth therein.
NOW THEREFORE, for valuable consideration, the sufficiency and receipt of which
are hereby acknowledged, the Parties hereby agree as follows:
1. Purpose. The purpose of this Memorandum is to give notice of the Agreement,
and of the rights and obligations created thereby, all of which are hereby confirmed and
incorporated herein by reference as if fully set forth herein and shall be binding upon and inure to
the benefit of Parties and their respective successors, heirs and assigns.
2. Obligations. Pursuant to the Agreement, Red Orchid has certain maintenance and
insurance obligations in connection with the Creek Improvements.
3. Term. The Agreement and the rights and obligations contained therein shall
remain in full force and effect until such time as Red Orchid, the Trust and/or a related person or
entity cease to maintain a fee interest in their respective properties and all improvements identified
as solely Aesthetic Improvements in the Improvement Plan, including any bridges, have been
removed from Town's Right-of-Way. Town may opt to allow certain solely Aesthetic
Improvements to remain at Town's sole discretion.
4. Counterparts. This Memorandum may be executed in counterparts, and all
counterparts so executed shall constitute one agreement,binding on all of the Parties hereto.
[Signatures on the Following Page]
2
Resolution 43-16 Page 25
In Witness Whereof,the parties hereto have executed this Memorandum as of the date
first above written.
RED ORCHID: TOWN:
Red Orchid LLC, TOWN OF LOSTO HILLS
a California limited Bab i 'ty company (�
By: / Name: Carl Cahill
Name: Title: City Manager
Title: _
THE TRU .
The Ro d Kathlee adhwani Trust
By.
�Omesb
s adhwani, as Trustee of
and Kathleen Wadhwani
Trust Agreement dated July 11, 1997
By:
Kathleen E. Wadhwani, as Trustee of
The Romesh and Kathleen Wadhwani
Trust Agreement dated July 11, 1997
3
Resolution 43-16 Page 26
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
STATE OF CALIFORNIA )
ss:
County of QittX- )
On 116-w-n� , 2016 before me,
sert na eand((�ide o the officer),
personally appeared Cly(.(/L '/nti �� 70=--1,who 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/ 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and o ficial seal.
Signature:
[Seal]
K. B. SIMON
Commission #2026959
` Notary Public -California z
Marin County r
My Comm.Expires Jun 28.2017
1
4
Resolution 43-16 Page 27
CALIFORNIA ALL-PURPOSE ACKNOWLEDMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
On July 26, 2016, before me, Deborah L. Padovan, Notary Public, personally appeared Carl
Cahill, who proved to me on the basis of satisfactory evidence to be the person whose name'
isfafe subscribed to the within instrument and acknowledged to me that he/may executed the
same in hisAwx44 - authorized capacityCias); and that by his"- rMte signaturef-" on the
instrument the person, or the entity upon behalf of,which the person"acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
DEBORAH L.PADOVAN
Commission#F 2104366
Signature: Seal i 'w Notary Public-California
Z Santa Clara County
My Comm.Ex lres'A r 19,2019
Resolution 43-16, Page 28
EXMBIT A-1
THE RED ORCHID PROPERTY
[PLEASE SEE ATTACHED]
Barron.Creek.030916
Resolution 43-16 Page 29
EXHIBIT A-1
THE RED ORCHID PROPERTY
REAL PROPERTY IN THE CITY OF LOS ALTOS HILLS, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA,
DESCRIBED AS FOLLOWS:
PARCEL ONE:
A portion of Lot 26, as shown upon that certain Map entitled, "Map of the H. &H.Taaffe Subdivision of Lot 4 of the
Taaffe Partition, in the Rancho La Purissima Concepcion",which Map was liled for record in the Ofhce of the
Recorder of the County of Santa Clara, State of California, on July 15, 1897, In Book"I"of Maps, at Pages 72 and 73,
Santa Clara County Records, more particularly described as follows:
Commencing at a point in the centerline of Fremont Avenue distant thereon North 670 10'West 427.45 feet from the
common corner of Lots 27,28, 42 and,43 as shown upon the Map above referred to,said point also being the
Northeasterly corner of that certain tract of land described In the Deed to Arthur P.Williams recorded October 10,
1945,in Book 1290 of Official Records, at Page 371,thence from said point of beginning South 02° 50'West along
the Easterly line of said land described to Williams for a distance of 237.80 feet to the Southeasterly comer of Parcel
One described in the Deed to Richard L. Hasenpflug, et ux., recorded September 26, 1974, Book 8102 of Official
Records, Page 196, said Southeasterly corner also being the true point of beginning of the parcel of land to be
described; thence from said true point of beginning North 870 10'West along the Southerly line of said Parcel One
described in said Deed to Hasenpflug, 200.00 feet to the point of intersection thereof with the Easterly line of that
certain "Tract No. 3793",which Map was filed for record in the Office of the Recorder of the County of Santa Clara,
State of California, on May 4, 1965, in Book 194 of Maps, at Page 15; thence South 02° 50'West along the Easterly
line of said'Tract No. 3793", 217.80 feet; thence South 870 10'East 200 feet to the Easterly line of tract of land so
described in said Deed to Williams; thence North 020 50'East along said Easterly line of said tract of land so
described in said Deed to Williams, 217.80 feet to the true point of beginning.
PARCEL TWO:
A non-exclusive easement for vehicular and pedestrian ingress and egress and for the installation, maintenance and
repair of water lines and water services situate in the City of the Town of Los Altos Hills, County of Santa Clara, State
of California, under and across a portion of the lands conveyed from Luella M. Klock to Richard L. Hasenpflug and
Sandra L. Hasenpflug, by Deed recorded on September 26, 1974, Document No. 4860385, in Book 8102, Page 196,
to the records of Santa Clara County, California, said easement being a strip of land 12 feet in width, which is more
particularly described,as follows:
A portion of the strip of land as shown as"Proposed 12' Easement"on that certain Map entitled, "Record of Survey
Property of R. C. KIock", filed January 25, 1959, File No. 1300291, in Book 78 of Maps, at Page 3, records of Santa
Clara County, California; said strip being 12 feet wide and 217.80 feet long,the Westerly line of said strip adjoining
the Westerly line of the Northerly one acre parcel of land as shown on said Map, and the Northwest corner of said
strip being South 020 50'West 20.00 feet distant from the centerline of Fremont Road,said strip containing 2614
square feet of land, more or less.
APN: 175-35-014
Resolution 43-16 Page 30
EXHIBIT A-2
THE TRUST PROPERTY
[PLEASE SEE ATTACHED]
Barron.Creek.030916
Resolution 43-16 Page 31
EXHIBIT A-2
THE TRUST PROPERTY
All that certain real property situate in the Town of Los Altos Hills, County of Santa Clara, State
of California, described as follows:
All of Parcel D, as shown on that certain Parcel Map which Map was filed for record in the
office of the Recorder of the County of Santa Clara, State of California, on April 21, 1976, in
Book 370 of Maps,page(s) 32.
Resolution 43-16 Page 32
EXHIBIT B
THE CREEK,THE UPSTREAM PARCEL,TOWN'S RIGHT OF WAY AND
THE CREEK IMPROVEMENT AREA
[PLEASE SEE ATTACHED]
2635134.1
Banon.Creek.041416
Resolution 43-16 Page 33
0
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LIMIT OF ACTIVE CHANNEL
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26238 FREMONT ROAD
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LIMIT OF CREEK IMP OVEMENT AREA 2016
(ROCK REMOVAL AN RECONTOUR OF
CHANNEL)
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I I
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0
u EXHIBIT`B'-SITE PLAN rxolEcrxo_ 12082.000.000 r�Gtriu:xo.
o ,. BARRON CREEK RESTORATION SceT a. AS SHOWN 1
—Expect Excellence,— LOS ALTOS HILLS,CALIFORNIA DRAR:YBY. PO c —BY: 3g 1
G:\Oraftlag\DRAFTING2\—Dwg\-10000 to 12999\12082\000\12082000000-1—Sitaltap—Exhibit-0516.dwq Plot Date:6-13-16 dborde ORIGINAL FIGURE PRINTED IN COLOR
Resolution 43-16 Page 34