3.10 Claims; Government Code Claim Compliance.
3.10.1 Arbitration. All disputes between Contractor and Stadium Manager relating in any way to this Agreement or Services performed under this Agreement (including, but not limited to, claims for breach of contract, tort, discrimination, harassment and any violation of federal or state law, regulation or constitution) (“Arbitrable Claims”) shall be resolved by binding arbitration under the Federal Arbitration Act, in conformity with the procedures of the California Arbitration Act (Cal. Code Civ. Proc. § 1280 et seq., including § 1283.05 and all of the Act’s other mandatory and permissive rights to discovery). In addition to any other requirements imposed by law, the arbitrator selected shall be a retired California Superior Court Judge, or otherwise qualified individual to whom the parties mutually agree, and shall be subject to disqualification on the same grounds as would apply to a judge of such court. All rules of pleading (including the right of demurrer), all rules of discovery, all rules of evidence, all rights to resolution of the dispute by means of motions for summary judgment, judgment on the pleadings and all other dispositive motions, and judgment under Code of Civil Procedure § 631.8 shall apply and be observed.
Resolution of the dispute shall be based solely upon the law governing the claims and defenses pleaded, and the arbitrator may not invoke any basis other than such controlling law. The arbitrator shall have the immunity of a judicial officer from civil liability when acting in the capacity of an arbitrator, which immunity supplements any other existing immunity. Likewise, all communications during or in connection with the arbitration proceedings are privileged in accordance with Cal. Civil Code § 47(b). As reasonably required to allow full use and benefit of this agreement’s modifications to the Act’s procedures, the arbitrator shall extend the times set by the Act for the giving of notices and setting of hearings. Awards shall include the arbitrator's written reasoned opinion. The Parties understand and agree to this binding arbitration provision, and both Contractor and Stadium Manager give up their right to trial by jury of any claim they may have against each other.
3.11 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by Stadium Manager. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the Stadium Manager may terminate this Contract pursuant to Section 3.17.3; provided, however, that the Stadium Manager needs to provide Contractor with only one (1) day advanced written notice.
3.12 Indemnification.
3.12.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the Stadium Manager, the Santa Clara Stadium Authority, the City of Santa Clara, their affiliates, and each of their respective officers, directors, managers, members, partners, owners, employees, agents and authorized volunteers, each tenant and event promoter of Levi’s Stadium, and any mortgagee, bond trustee or other financial institution from time to time holding a line or indenture upon an interest in Levi’s Stadium, and each of them (collectively, the “Indemnified Parties”), free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Contractor, its Contract Number: 10072-B
officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s services, the Project, this Contract or any Task Order, including without limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code Section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense arising from the sole or active negligence or willful misconduct of the Indemnified Parties or the Indemnified Parties’ agents, servants, or independent contractors who are directly responsible to the Indemnified Parties, or for defects in design furnished by those persons.
3.12.2 Additional Indemnity Obligations. Any defense to be provided by Contractor pursuant to any indemnification provision of this Agreement shall be by counsel approved by Stadium Manager, which approval shall not be unreasonably withheld. To the extent any of the Indemnitees incurs costs or expenses to enforce this indemnification (including attorneys' fees and expenses), Contractor shall reimburse the Indemnitee for such costs and expenses.
3.13 Insurance.
3.13.1 Time for Compliance. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the Stadium Manager that it has secured all insurance required under this Section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the Stadium Manager that the subcontractor has secured all insurance required under this Section. Failure to provide and maintain all required insurance shall be grounds for the Stadium Manager to terminate this Contract for cause.
3.13.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder by Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at least the following minimum levels of coverage:
3.13.2.1 Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 00 01); (2) Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 00 01, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. Policies shall not contain exclusions contrary to this Contract.
3.13.2.2 Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence and $4,000,000 aggregate for bodily injury, personal injury and property damage; (2) Automobile Liability: $2,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ compensation limits as required by the Labor Code of the State of California.
Employer’s Liability limits of $1,000,000 each accident, policy limit bodily injury or disease, and Contract Number: 10072-B
each employee bodily injury or disease. Defense costs shall be available in addition to the limits.
Notwithstanding the minimum limits specified herein, any available coverage shall be provided to the parties required to be named as additional insureds pursuant to this Contract.
3.13.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements (amendments) on forms supplied or approved by the Stadium Manager to add the following provisions to the insurance policies:
3.13.3.1 General Liability. (1) Such policy shall give the Stadium Manager, Santa Clara Stadium Authority, Forty Niners Stadium Company LLC and Forty Niners Football Company LLC and their respective officials, employees, agents and authorized volunteers additional insured status using ISO endorsements CG20 10 07 04 plus CG20 37 07 04, or endorsements providing the exact same coverage, with respect to the Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the Stadium Manager, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the Stadium Manager, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it.
3.13.3.2 Automobile Liability. (1) Such policy shall give the Stadium Manager, Santa Clara Stadium Authority, Forty Niners SC Stadium Company LLC and Forty Niners Football Company LLC and their respective officials, employees, agents and authorized volunteers additional insured status with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the Stadium Manager, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the Stadium Manager, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way.
3.13.3.3 Workers’ Compensation and Employer’s Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the Stadium Manager, Santa Clara Stadium Authority, Forty Niners SC Stadium Company LLC and Forty Niners Football Company LLC and their respective officials, employees, agents and authorized volunteers for losses paid under the terms of the insurance policy which arise from work performed by Contractor.
3.13.3.4 All Coverages. Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced Contract Number: 10072-B
or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the Stadium Manager; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the Stadium Manager, Santa Clara Stadium Authority, Forty Niners SC Stadium Company LLC and Forty Niners Football Company LLC and their respective officials, employees, agents and authorized volunteers.
3.13.3.5 Contractor’s Equipment Insurance. Contractors Equipment Insurance applying to loss or damage on an “all risk” basis to any equipment, small tools, or other machinery whether owned, leased, rented, borrowed or otherwise in the care, custody and control of the Contractor for use in the performance of Work. The insurer shall agree to waive all rights of subrogation against the Stadium Manager, its officials, employees, agents and authorized volunteers for losses paid under the terms of the insurance policy.
3.13.4 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the Stadium Manager, its officials, employees, agents and authorized volunteers.
3.13.5 Deductibles and Self-Insurance Retentions. Any deductibles or selfinsured retentions must be declared to and approved by the Stadium Manager. Contractor shall guarantee that, at the option of the Stadium Manager, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Stadium Manager, its officials, employees, agents and authorized volunteers; or (2) the Contractor shall procure a bond or other financial guarantee acceptable to the Stadium Manager guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.
3.13.6 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VII, licensed to do business in California, and satisfactory to the Stadium Manager. Exception may be made for the State Compensation Insurance Fund when not specifically rated.
3.13.7 Verification of Coverage. Contractor shall furnish Stadium Manager with original certificates of insurance and endorsements effecting coverage required by this Contract on forms satisfactory to the Stadium Manager. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the Stadium Manager. All certificates and endorsements must be received and approved by the Stadium Manager before work commences. The Stadium Manager reserves the right to require complete, certified copies of all required insurance policies, at any time.
3.13.8 Subcontractors. All subcontractors shall meet the requirements of this Section before commencing Work. Contractor shall furnish separate certificates and endorsements for each subcontractor. Subcontractor policies of General Liability insurance shall name the Stadium Manager, its officials, employees, agents and authorized volunteers as additional insureds using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All coverages for subcontractors shall be subject to all of the requirements stated herein except as otherwise agreed to by the Stadium Manager in writing.
Contract Number: 10072-B
3.13.9 Reporting of Claims. Contractor shall report to the Stadium Manager, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Work under this Contract.
3.14 Bond Requirements.
3.14.1 Payment Bond. If required by law or otherwise specifically requested by Stadium Manager in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to Stadium Manager concurrently with this Contract a Payment Bond in an amount required by the Stadium Manager and in a form provided or approved by the Stadium Manager. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the Stadium Manager.
3.14.2 Performance Bond. If specifically requested by Stadium Manager in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to Stadium Manager concurrently with this Contract a Performance Bond in an amount required by the Stadium Manager and in a form provided or approved by the Stadium Manager. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the Stadium Manager.
3.14.3 Bond Provisions. Should, in Stadium Manager’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 10 days of receiving notice from Stadium Manager. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the Stadium Manager, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the Stadium Manager. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the Stadium Manager, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the Stadium Manager. If Contractor fails to furnish any required bond, the Stadium Manager may terminate the Contract for cause.
3.14.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the Stadium Manager.
3.15 Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the Stadium Manager of any defect in the Work or non-conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the Contract Number: 10072-B
Stadium Manager in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one-year period, commencing with the date of acceptance of such corrected Work. Contractor shall perform such tests as the Stadium Manager may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the Stadium Manager, regardless of whether or not such warranties and guarantees have been transferred or assigned to the Stadium Manager by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the Stadium Manager. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the Stadium Manager, the Stadium Manager shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense. Contractor shall be obligated to fully reimburse the Stadium Manager for any expenses incurred hereunder upon demand.
3.16 Employee/Labor Certifications.
3.16.1 Contractor’s Labor Certification. By its signature hereunder, Contractor certifies that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose, which is attached to this Contract as Exhibit “D” and incorporated herein by reference, shall be executed simultaneously with this Contract.
3.16.2 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
3.16.3 Verification of Employment Eligibility. By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors and sub-subcontractors to comply with the same.
3.17 General Provisions.
3.17.1 Stadium Manager’s Representative. The Stadium Manager hereby designates the General Manager, or his or her designee, to act as its representative for the Contract Number: 10072-B
performance of this Contract (“Stadium Manager’s Representative”). Stadium Manager’s Representative shall have the power to act on behalf of the Stadium Manager for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the Stadium Manager’s Representative or his or her designee.
3.17.2 Contractor’s Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the Stadium Manager (“′Contractor’s Representative”).
Following approval by the Stadium Manager, Contractor’s Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Contract. Contractor’s Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract and as described in the relevant Task Order. Contractor’s Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the Stadium Manager, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the Stadium Manager, shall be made for emergency Work which may be required. Should Contractor desire to change its Contractor’s Representative, Contractor shall provide the information specified above and obtain the Stadium Manager’s written approval.
3.17.3 Termination. This Contract may be terminated by Stadium Manager at any time, either with our without cause, by giving Contractor three (3) days advance written notice. In the event of termination by Stadium Manager for any reason other than the fault of Contractor, Stadium Manager shall pay Contractor for all Work performed up to that time as provided herein.
In the event of breach of the Contract by Contractor, Stadium Manager may terminate the Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset Stadium Manager’s resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, Stadium Manager may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
Further, if this Contract is terminated as provided, Stadium Manager may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract.
3.17.4 Contract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from Stadium Manager, the matter shall be referred to Stadium Manager’s Representative, whose decision shall be binding upon Contractor.
3.17.6 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be directed to the regularlymonitored electronic mail address, read receipt requested, of such party as follows:
CONTRACTOR:
Attn: Ron Almond, Service Manager
O.C. McDonald Co., Inc.
E-Mail: [email protected]
Contract Number: 10072-B
STADIUM MANAGER:
General Manager
Forty Niners Stadium Management Company LLC
[email protected]
With copy to:
Legal Affairs
Forty Niners Stadium Management Company LLC
[email protected]
Any such notice or communication shall be deemed to have been given on the day such notice or communication is sent electronically, provided the sender has received a confirmation of such electronic transmission. A Party may, for purposes of this Agreement, change its email address or the person to whom a notice or other communication is marked to the attention of, by giving notice of such change to the other Party pursuant to this Section 3.17.6.
3.17.7 Time of Essence. Time is of the essence in the performance of this Contract.
3.17.8 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of Stadium Manager. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, Stadium Manager may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee.
3.17.9 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.
3.17.10 Laws, Venue, and Attorneys’ Fees. This Contract shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Contract, the action shall be brought in a state or federal court situated in the County of Santa Clara, State of California.
3.17.11 Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original.
3.17.12 Successors. The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract.
3.17.13 [Reserved]
3.17.14 Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid Contract Number: 10072-B
nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, Stadium Manager shall have the right to terminate this Contract without liability.
3.17.15 Conflict of Interest. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, Stadium Manager shall have the right to rescind this Contract without liability. For the term of this Contract, no official, officer or employee of Stadium Manager, during the term of his or her service with Stadium Manager, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. In addition, Contractor agrees to file, or to cause its employees or subcontractors to file, a Statement of Economic Interest with the Stadium Manager’s Filing Officer as required under state law in the performance of the Work.
3.17.16 Certification of License.
3.17.16.1 Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor’s license of the classification indicated below under Contractor’s signature.
3.17.16.2 Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O.
Box 26000, Sacramento, California 95826.
3.17.17 Authority to Enter Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party.
3.17.18 Entire Contract; Modification. This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties.
3.17.19 Non-Waiver. None of the provisions of this Contract shall be considered waived by either party, unless such waiver is specifically specified in writing.
3.17.20 Stadium Manager’s Right to Employ Other Contractors. Stadium Manager reserves right to employ other contractors in connection with this Project or other projects.
[SIGNATURES ON NEXT PAGE]
Contract Number: 10072-B
SIGNATURE PAGE FOR MAINTENANCE AND REPAIR CONTRACT
BETWEEN THE FORTY NINERS STADIUM MANAGEMENT COMPANY LLC AND O.C. MCDONALD CO., INC.
IN WITNESS WHEREOF, the Parties have entered into this Contract as of the Seventh day of September, 2021.
FORTY NINERS STADIUM
MANAGEMENTCOMPANYLLC
By:
Mercurio
ecutive Vice President &
General Manager
O.C. McDONALD CO., INC.
By:
Its: Sr. Vice President
Printed Name: Matt McDonald
EXHIBIT “A”
SCOPE OF WORK
A. SCOPE OF WORK
Troubleshoot, repair, remove and install mechanical, refrigeration, plumbing and HVAC equipment and components, typically found in a large sports stadium. This work will be performed via issuance of a Task Order (defined elsewhere in this solicitation). The work assigned to Contractor will be designated with one of the following “priority levels” which will indicate the urgency of the work and the Contractor’s response time:
Priority Level Type Response Time
1 - High Emergency – Hazardous,
property damage, and/or
event required support
Respond within 1 hour and
commence work as soon as
possible.
2 - Medium Systems Malfunction –
Interruption of daily
operation
Respond within 2 hours and
commence work with 24 hours.
3 - Low Minor Repair Respond within 24 hours and
commence work within 72
hours, or as determined
necessary by the Stadium
Manager.
The Contractor shall provide trained technicians with the appropriate tools and testing equipment for scheduled maintenance, safety inspection, and safety testing as required.
The Contractor shall maintain all necessary licenses to perform the work specified herein.
The Contractor will be responsible for supplying all necessary equipment (including aerial lifts), tools, consumables, material, labor, and supplies required to perform the work described herein.
The Contractor is required to carry necessary licenses to perform the activities identified in the scope of services, which include either all or some combination of the following licenses:
• C-4: Boiler, Hot Water Heating and Steam Fitting Contractor • C-10: Electrical
• C-20: Warm-Air Heating, Ventilating and Air-Conditioning Contractor • C-36: Plumbing Contractor
• C-38: Refrigeration Contractor
• C-43: Sheet Metal Contractor
• A-1: General Engineering Contractor
• B-1: General Building Contractor
Pursuant to this contract, the Contractor will be tasked, by the Stadium Manager, with performing troubleshooting, repairing, and performing maintenance of various Mechanical, plumbing and HVAC systems at the Stadium, including but not limited to the following:
• Commercial Food Service Refrigeration Equipment
• Air Separators
• Expansion Tanks and Pot Feeder
• Pumps and Suction Diffusers
• Water Treatment Systems, to include:
• Chemical feed equipment, conductivity controller, chemical pumps and water meters
• Chemical Treatments for cooling towers and closed systems • Cooling Towers Filtration and Basin Sweeping Systems
• Boilers
• Natural gas modulating and condensing hot water boilers • Boiler Flues
• Heat Exchangers
• Cooling Towers
• Water to Water Heat Pumps (WWHP)
• Water Source Heat Pumps (WSHP)
• Variable Air Volume (VAV) Air Handling Equipment
• Variable Frequency Drives (VFD)
• Computer Room Air Conditioning (CRAC) Units
• Dehumidification Units
• Control Dampers
• Fire Smoke Dampers
• Fans (EF, RF, SEF, SF, SPF)
• Kitchen Pollution Control Units
• Kitchen Make-Up Air Units
• Roof Top Packaged Units
• VAV Air Handling Units (AHU)
• HVAC Related Seismic Restraints
• Integration with Building Management Systems
• Building Management System Service
• Mechanical Piping, Fittings, Valves, Duct, Dampers, Diffusers, Grilles, Plenums, Humidifiers, and other Miscellaneous Mechanical Equipment • Utility Piping, Fittings, Grates, Cleanout Covers and other Common Plumbing Components
• Potable and Recycled Water Systems
• Sub-Metering Equipment
• Plumbing Fixtures to include, but not limited to:
• Water Closet
• Urinals
• Lavatories
• Sinks
• Laundry Tubs
• Floor Drains
• Floor Sink
• Eyewash Stations
• Downspout Nozzles
• Floor Cleanouts
• Trench Drains
• Trap Primer and Guards
• Wall Hydrant
• Hose Bibb
• Domestic Water Booster Pump
• Sewage Ejector and Sump Pump
• Water Heater (Gas and Fired)
• Grease and Sand/Oil Interceptor
• Backflow inspection, testing and repair
• General Pumps
• Recycled Water Filter
• Water Softener System
B. GENERAL REQUIREMENTS
1. All work performed shall meet the latest revision of all applicable federal, state, and local regulations, laws, and codes.
2. All work schedules must be approved in writing by the Stadium Manager prior to commencement of work.
3. Unless otherwise specified, Contractor shall guarantee the labor and materials used are within the specified guidelines and recommendations of the manufacturer.
4. Materials furnished shall be new and shall be of commercial quality material. Used, reconditioned, or discontinued models and materials are not acceptable. The warranty period for contractor provided materials shall be for a period of 1 year, or within the manufacture warranty, whichever is longer. Such warranty shall commence upon the date of acceptance of Contractor’s work by the Stadium Manager.
5. The Stadium Manager reserves the right to supply all or part of the materials or equipment on any project/repair.
6. Contractor shall be responsible for the replacement of failed/defective equipment, and parts installed by Contractor that are under warranty. Such cost, if any, shall be incurred by Contractor. Contractor shall assume all liability for such defects.
7. Follow up work required to correct recent repair/improper repair, or substandard parts shall be at no charge to the Stadium Manager.
8. Contractor shall coordinate site access and Hot Work with Forty Niners Stadium Management Company Engineering Department prior to commencement of work.
9. Contractor shall complete a service tag/log after completion of work. Such tag or log must contain the following information:
a. Date of Service
b. Name of Technician(s)
c. Description of Service(s)
10. Contractor shall notify Stadium Manager when a recall is issued for any equipment or component serviced, installed, or repaired by Contractor. Notification by Contractor shall include the reasons for the recall, procedures for replacement, and the disposition of the recalled equipment.
11. Contractor is responsible for compliance with all building code requirements.
Independent of, or in addition, to any other legal requirements, the Stadium Manager may inspect and test Contractor’s work to determine if it conforms to the California Building Standards Code and local regulations, if applicable. The Stadium Manager will not accept Contractor's work unless it meets all applicable building code requirements.
12. The use of the safety equipment includes but is not limited to hard hats, eye protection, safety vests, hearing protection, fall protection, and safety boots as required by the California Occupational Safety and Health Administration.
13. Contractor is required to provide personal protective equipment (PPE) to perform the work and follow the Public Health Orders issued by the Santa Clara County Health Department related to Novel Coronavirus (COVID-19). The Public Health Order updates can be accessed online at
https://www.sccgov.org/sites/covid19/Pages/public-health-orders.aspx
14. Contractor shall maintain all necessary licenses to perform the work specified herein.
15. Contactor shall be in compliance with applicable prevailing wage laws and the California Labor Code.
16. Contractor shall provide protection for all existing building components beneath and around the work. Any damage to existing building components caused by contractor shall be immediately repaired or replaced at contractor’s sole expense in a manner acceptable to and approved by Stadium Manager.
17. In all active work areas, contractor shall provide, install and maintain all necessary barricades and warnings to prohibit pedestrian access into any affected work area.
This not only includes areas surrounding the work, but also includes areas below the work. Levi’s Stadium is an active building containing employees, guests, and other contractors on a daily basis. Contractor shall be responsible for keeping others out of its active work areas and preventing the exposure of others to grinding, sanding, scraping, paint drips, overspray or any other material generated within the work area, both around and below.
18. Contractor will have a designated representative to oversee Contractor’s technicians assigned to perform the work specified herein. Contractor representative shall be responsible for providing all required documents, including, but not limited to, reports, invoices, as-built drawings, O&M manuals, and all other project contract documents to the Stadium Manager.
19. Contractor shall assign a primary/secondary technician(s) as the main contact for the Stadium Manager during the term of the contract. If different representatives are designated during the term of the Contract, notice of any changes (including, but not limited to, name, address, e-mail, and telephone number) shall be promptly served in
writing.
20. Contractor must obtain written authorization prior to commencement of work. The Stadium Manager will provide Contractor written approval by issuing a Notice to Proceed.
21. The Contractor shall perform the following to ensure a clean, safe work site:
a. At end of each workday, remove rubbish, empty cans, rags, and other discarded materials from project site. Secure, locate and position all unused materials and equipment, including man lifts, to the satisfaction of Stadium Manager.
b. After completing coating application, clean spattered surfaces. Remove spattered coatings by washing, scraping, or other methods. Do not scratch or damage adjacent finished or unfinished surfaces. Do not allow coatings to drip, spatter onto or otherwise stain adjacent surfaces. c. Protect work of other trades against damage from coating operation. Correct damage by cleaning, repairing, replacing, and recoating, as approved by Stadium Manager, and leave in an undamaged condition.
d. Protect all adjacent surfaces as required by field conditions.
C. REGULATIONS AND STANDARDS
All material and work shall be in accordance with the rules and requirements of the United States Department of Labor Occupational Safety and Health Administration (“OSHA”); National Electrical Code (“NEC”); National Fire Codes published by the National Fire Protection Association (“NFPA”); California Administrative Codes (“CAC”); Uniform Building Code (“UBC”); Uniform Plumbing Code (“UPC”); and other applicable federal, state, and local laws and/or regulations. These specifications shall not be construed to permit work not conforming to these requirements. The regulations shall govern where they require higher standards or conflict with the specifications. Published rulings and interpretations of the enforcing agencies shall be considered a part of these specifications. All regulations and standards shall be the latest publication unless governing authorities require otherwise. In addition, all of Contractor’s work shall be in accordance with the best practices available in the industry, and shall present a neat, workmanlike appearance upon completion.
EXHIBIT “B”
PLANS AND SPECIFICATIONS
Plans and Specifications shall be provided and made a part of each individual Task Order.
EXHIBIT “C”
SPECIAL CONDITIONS
ARTICLE 1. BONDS
Within ten (10) calendar days from the date the Contractor is notified of award of the Contract, the Contractor shall deliver to the Stadium Manager four identical counterparts of the Performance Bond and Payment Bond on the forms supplied by the Stadium Manager and included as Exhibit “F” to the Contract. Failure to do so may, in the sole discretion of Stadium Manager, result in the forfeiture of Contractor’s bid security. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the Stadium Manager. The Performance Bond and the Payment Bond shall be for one hundred percent (100%) of the Total Contract Price.
EXHIBIT "D"
CONTRACTOR'S CERTIFICATE REGARDING WORKERS' COMPENSATION LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700, et seq ., of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Work on this Contract.
O.C. McDONALD CO., INC.
By $/UM
Signature
Matt McDonald
Name (Print)
Sr. Vice President
Title (Print)
EXHIBIT "E"
PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code Sections 1725.5 and 1771 .1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/PublicWorks/PublicWorks.html for additional information.
No bid will be accepted nor any contract entered into without proof of the contractor's and subcontractors' current registration with the Department of Industrial Relations to perform public work.
Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code Sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.1
Name of Contractor: O.C. McDonald Co. Inc. ---~~~'-'--=--"--'-'-=-'-''----"--"--'-'---'-'-'-"-'---- DIR Registration N um ber: __ 1'""'0'"""0'"""0"""" 0-"-02=-8"'"""8"""'5'-------- D IR Registration Expiration: _0~6~/~30=/=2-"-02=-3"--------- Small Project Exemption: __ Yes or X No
Unless Contractor is exempt pursuant to the small project exemption, Contractor further acknowledges:
• Contractor shall-maintain a current DIR registration for the duration of the project. • Contractor shall include the requirements of Labor Code Sections 1725.5 and 1771 .1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project. • Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.
Name of Contractor _!;~.o""!o , Inc.
Signature
Name and
$
Title
~
Matt McDonald Sr. Vice President
Dated ________________________ _
1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption un de r Labor Code Sections 1725.5 and 177 1.1, please mark "Yes" in response to "Small Project Exemption."
EXHIBIT “F”
PAYMENT AND PERFORMANCE BONDS
ATTACHED BEHIND THIS PAGE
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
Bond No. 070208588
Premium: $6,743.00
THAT WHEREAS, the Forty Niners Stadium Management Company LLC (hereinafter referred to as "Stadium Manager") has awarded to O.C. McDonald Co., Inc. , (hereinafter referred to as the "Contractor") as Principal an agreement for
Levi's Stadium Mechanical and Plumbing (hereinafter referred to as the "Project").
Maintenance And Repair Services Contract No.: 10072-B
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated September 7, 2021 , (hereinafter referred to as "Contract Documents"), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, o.c. McDonald Co., Inc. , the undersigned Contractor and Liberty Mutual Insurance Company as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the Stadium Manager in the sum of Seven Hundred Fifty Thousand and 00/1 00DOLLARS, ($750,000.00 ----- ), said sum being not less than one hundred percent (100%). of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to a'nd abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the Indemnified Parties, as stipulated and defined in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by Stadium Manager, during which time if Contractor shall fail to make full , complete, and satisfactory repair and replacements and totally protect the Stadium Manager from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains.
Nothing herein shall limit the Stadium Manager's rights or the Contractor or Surety's obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15.
Whenever Contractor shall be, and is declared by the Stadium Manager to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the Stadium Manager's option:
Bond No. 070208588
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the Stadium Manager, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the Stadium Manager under the Contract and any modification thereto, less any amount previously paid by the Stadium Manager to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the Stadium Manager to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the Stadium Manager under the Contract and any modification thereto, less any amount previously paid by the Stadium Manager to the Contractor and any other set offs pursuant to the Contract Documents.
Surety expressly agrees that the Stadium Manager may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the Stadium Manager, when declaring the Contractor in default, notifies Surety of the Stadium Manager's objection to Contractor's further participation in the completion of the Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of Sections 2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this __ 1s_t_ day of September , 201.:!).
(Corporate Seal) O.C. McDonald Co., Inc.
Contractor/~
By / 1 ~ [,./
James V. McDonald, President
Title --------------
Bond No. 070208588
Liberty Mutual Insurance Company
(Corporate Sea!) Surety
By Q~\Dfl---
Attorney-in-F act
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.
(Attach Attorney-in-Fact Certificate) . Title Christina Burton, Attorney-in-Fact The rate of premium on this bond is $9.07 per thousand . The total amount of premium charges, $ 6 804.00 ----------------------------------------- (The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) _D"""a,;,.,;.ni"""e'""lle~La;,.,,,;c"""o.;,,,;.m=b=e _____________ _ 255 California Street, Suite 950
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
San Francisco CA 94111
Melissa DeKoven
2710 Gateway Oaks Drive, Suite 150N
Sacramento CA 95833-3505
Surety: 415-407-8933
(Telephone number of Surety and _s_u_re_,ty'-A_g=--e_n_t:_6_2_8_-2_2_0_-6_0_6_3 _________ _ Agent or Representative for service
of process in California)
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 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 September 2, 202 1 before me, Heidi L. Dunn, Notruy Public Date Here insert Name and Title of the Officer personally appeared James V . McDonald Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ai=e subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s}, or the entity upon behalf of which the person(s) acted, executed the instrument.
Place Notary Seal Above
I certify under PENAL TY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
--------------OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Attached Document: PERFORMAN CE BOND NO. 070208588 Document Date: 8/24/2 1 Number of Pages: __ Three __,__,__ (3) _____ _ Signer(s) Other Than Named Above: Christina Burton, Attorney-in-Fact (Notru·ized: 9/1/202 1) Capacity(ies) Claim/ed by Signer(s)
Signer's Name: James V. M cDonald
□ Individual
0 Corporate Officer- Title(s): President --------
□ Partner - □ Limited □ General
□ Attorney in Fact
□ Trustee
□ Guardian or Conservator
□ Other:
Signer is Representing:
O.C. M cDonald Co., lnc.
RIGHT
THUMBPRINT OF
SIGNER
Top of thumb here
See Official
Journal of
Notary Acts
Signer's Name:
□ Individual
□ Corporate Officer- Title(s):
□ Partner - □ Limited □ General
□ Attorney in Fact
□ Trustee
□ Guardian or Conservator
□ Other:
Signer is Representing:
RIGHT
THUMBPRINT OF
SIGNER
Top of thumb here
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 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 Contra Costa
On Dq/D/ /~DZ,/ before me, Yvonne Roncagliolo, Notary Public--------------------- Date Here Insert Name and Title of the Officer
personally appeared Christina Burton------ ----- ----------------------------------------- Name(s) of Signer(s) -------------- ---------------------------
who proved to me on the basis of satisfactory evidence to be the person(&}- whose name(s} is/aresubscribed to the within instrument and acknowledged to me that ffl/she/they- executed the same in -Ris/her.Ltt:ieir-authorized capacity(ies), and that by Aislher/tl:le~ signature(s}-on the instrument the person(s}, or the entity upon behalf of which the person(s,-acted, executed the instrument. eeeeeeee~
YVONNE RONCAGLIOLO
Notary Public - California z
Contra Costa County ~
Commission # 2299104 -
My Comm. Expires Aug 24, 2023
Place Notary Seal Above
I certify under PENAL TY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _ 0 ------------- ~ ~re of Notary Public
--------------- oPT/ONAL --------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: _____________ Document Date: _______ _ Number of Pages: _ _ _ Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s)
Signer's Name: ..c.b.r.istina.B.u,,_.,,,"-'-------
□ Corporate Officer - Title(s): ______ _
□ Partner - I I Limited lJ General
□ Individual rRi Attorney in Fact
□ Trustee I I Guardian or Conservator
C: Other: _____________ _
Signer Is Representing: _________ _
=i Pa
Ind
LJ Tr
r-1 o
. .
:<,'C<;,'C<,'C<,'C<,'<x;<x.;<..x,'C<,;t'K,'C<.,X:<,"<.X,~C(,'C<,'C<.,'C<.,'<,;,(,'C<.,'C<,'C<.,'<,!<,-c,,,'<.,'.<..~:.<,,'<.;c,;<.x,'C<,'C<,'G(,'<;,<,'<X,"G'<,'<..;<,'C<,:.'\'.X,,g,-g<,'\X;,~'g;.~'C:-<,'<.~"<~'C<:,~ ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1 -800-876-6827) Item #5907 1 ~Libert):. ~ Mutual.
SURETY
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated.
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company
POWER OF ATTORNEY
Certificate No: 8205881-024079
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company Is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Alicia Dass; Charles R. Shoemaker; Christina Burton; Joan DeLuca; Kelly Hoitemann; Mark M. Munekawa; Nerissa S. Bartolome; Patrick R. Diebei; Peter Tam; Sara Ridge; Thomas E. Hughes; Valerie Garcia; Yvonne Roncaglioio; Zachary V. Overbay all of the city of San Francisco state of CA each Individually if there be more than one named, Its true and lawful attorney-In-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, In pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies In their own proper persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this _!_st_ day of July , ~ -
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company
2 fil By. . ~ ~,,; /
~7,/ :: .½~
... '.::--r
· ·c: t o ~ C ----- .__ ____ ,_, .,,-...,..,..,...,....,,---~«~.•· --,,------'-----------1•5....:
:!:!' ~ David M. Carey, Assistant Secretary l ]::, w State of PENNSYLVANIA ss "fil ::, County of MONTGOMERY c E ... ~ 2~ ~ ~ On this !st day of July , 2021 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance ~ (1) ~ ro Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument' for the purposes ~ ;i; :fil _:: therein contained by signing on behalf of the corporations by himself as a duly authorized officer. ~@ ~-~ IN ·WITNESS WHEREOF, I have hereunto subscribed my name and affixed my no.tarial seal at King of Prussia, Pennsylvania, on the day and year first above written. <?0 ~ C'ui Q..0 ro (1) ~--~- ----~ ~ ..___.I ..Q '- Comr.nonwaalth of Pennsylvania • Notary Seal >-- (1)• 0 Teresa Pastella, Notary Public ,-I-;--..., i · (1) 'cij Montgomery Counly {lj, ti -f- ,I II E E 0 2 My commission expires March 28, 2025 By: µ~ ·~ µ 0 Q) cw_~ ,,~.,,,..,.,~~ ,., Commission number 11 26044 Teresa Pastella, Notary· Public , ~ 5 ..,_. ~,.y ·~vT "'"'r ~ Mornber, Pennsylvanla Association of Notari es ...- Ol (/) l)qR'V I' oO
ro ~ • ...~ .g12 This Power of Attorney Is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual ~ '? ~ .~_ Insurance Company, and West American Insurance Company which resolutions are now In full force and effect reading as follows: (r_ ~ ._ 2 ARTICLE IV - OFFICERS: Section 12. Power of Attorney. 5 ~ .E ~ Any officer or other official of the Corporation authorized for that purpose In writing by the Chairman or the President, and subject to such limitation as the Chairman or the =a w ;g i:'., President may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act In behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety @ = g? m any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-In-fact, subject to the limitations set forth In their respective powers of attorney, shall -o ~ .... t:: have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such § (1) ~ [l instruments shall be as binding as If signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the ~ ~ provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. t.Z % ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose In writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-In-fact, as may be necessary to act In behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-In-fact subject to the limitations set forth In their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so execut.ed such Instruments shall be as binding as If signed by the president and attested by the secretary.
Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys-Intact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.
Authorization - By unanimous consent of the Company's Board of Directors, the Company c.onsents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney Issued by the Company In connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed.
I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing Is a full, true and correct copy of the Power of Attorney executed by said Companies, Is lil full force and effect and has not been rev.oked.
IN TESTIM()NY WHEREOP, I have hereunto set my hand and affixed the seals of said Companies this 1st day of September , ~.
By: -7-i~
Renee C. Llewellyn, Assistant Secretary
LMS-12873 LMIC OCIC WAIC Multi Co 02121
No. 2131
STATE OF CALIFORNIA
DEPARTMENT OF. INSURANCE
SAN FRANCISCO
Amended ~
Certificate of Authority
THIS IS TO CERTIFY, That, pursuant to the Insurance Code of the State of California, Liberty Mutual Insurance Company
of Boston, Massachusetts, organized under the laws of Massachusetts, subject to its Articles of Incorporation or other fundamental organizational documents, is hereby authorized to transact within this State, subject to all provisions of this Certificate, the following classes of insurance:
Fire, Marine, Surety, Disability, Plate Glass, Liability, Workmen's Compensation, Common Carrier Liability, Boiler and Machinery, Burglary, Credit, Sv1·inkler, Team and Vehicle, Automobile, Aircraft and Miscellaneous
as such classes are now or may hereafter be defined in the Ins11-rance Laws of the State of California.
THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended.
Fee $10
Rec. No. i73766
Filed 11/14/61
IN WITNESS WHEREOF, effective as of the 15th day of November, 1961, I have hereunto set my hand and caused my official seal to be affixed this 15th day of November, I 961.
By
Certification
F. Britton McConnell
l11sura11ce Commissioner
John N. Andrews
Deputy
I, the undersigned Insurance Commissioner of the State of California, do hereby certify that I have compared the above copy of Certificate of Authority with the duplicate of original now on file in my office, and that the same is a full, true, and correct transcript thereof. and of the whole of said duplicate, and said Certificate of Authority is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and caused my official seal to be affixed this 5th day of May, 2004 . .. • By
John Garamendi
Insurance Commissioner
Pauline D 'Andrea
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
Bond No. 070208588
Premium: Included in Perf. Bond
WHEREAS, the Forty Niners Stadium Management Company LLC (hereinafter designated as the "Stadium Manager"), by action taken or a resolution passed August 24 , 20~has awarded to o.c. McDonafd Co., Inc. hereinafter designated as the "Principal," a contract for the work described as follows:
Levi's Stadium Mechanical and Plumbing Maintenance And Repair Services (the "Project"); and Contract No.: 10072-B
WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated September 7, 2021 ("Contract Documents"), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work .or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and Liberty Mutual Insurance Company as Surety, are held and firmly bound unto the Stadium Manager in the penal sum of Seven Hundred Fifty Thousand and 00/100 ---------------------- Dollars ($ 750,000.00 ) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourse·lves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the. Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified.
This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon · this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or
Bond No. 070208588
attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or Stadium Manager and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of Sections 2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this 1st day of September , 20~.
(Corporate Seal) O.C. McDonald Co., Inc.
Title James V. McDonald, President
Liberty Mutual Insurance Company
(Corporate Seal) Surety
By c_G,it:,-yz.---
Attorney-in-Fact
Title Christina Burton, Attorney-in-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto.
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 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 September 2, 202 1 before me, Heidi L. Dunn, Notary Public Date Here insert Name and Title of the Officer personally appeared James V. McDonald Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/a-Fe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
HEIDI L. DUMM
Notary Public . C1llfornla "'
= Santa Clara County !
Commission # 2268812
My Comm. Expires NOV 30, 2022
Place Notary Seal Above
I certify under PENAL TY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature _Q-,L./,~ ~---,,-~ =·====-•~~-.:..__---=- ~ Signature of Notary Public --------------OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Attached Document: PAYMENT BOND NO. 070208588 Document Date: 8/24/21 Number of Pages: Two (2) ----'--''----- ----- Signer(s) Other Than Named Above: Christina Burton, Attorney-in-Fact (Notarized: 9/1/2021) Capacity(ies) Claim/ed by Signer(s)
Signer's Name: James V. McDonald
□ Individual
0 Corporate Officer- Title(s): President --------
□ Partner - □ Limited □ General
□ Attorney in Fact
□ Trustee
□ Guardian or Conservator
□ Other:
Signer is Representing:
O.C. McDonald Co., Lnc.
RIGHT
THUMBPRINT OF
SIGNER
Top of thumb here
See Official
Journal of
Notary Acts
Signer's Name:
□ Individual
□ Corporate Officer - Title( s):
□ Partner - □ Limited □ General
□ Attorney in Fact
□ Trustee
□ Guardian or Conservator
□ Other:
Signer is Representing:
RIGHT
THUMBPRINT OF
SIGNER
Top of thumb here
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 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 _Contra Costa
On (f1 / 0 f ]1,0p/ before me, Yvonne Roncagliolo, Notary Public----------------------------- Date Here Insert Name and Title of the Officer
personally appeared Christina Burton------------------------------------- Name(s) of Signer(s)
------------------------------------------------------------ --------------------------------- who proved to me on the basis of satisfactory evidence to be the person(&}- whose name(s) is/aresubscribed to the within instrument and acknowledged to me that -Re/she/they- executed the same in -Als/her.Ltt:iei-r-authorized capacity{ies}, and that by Aislher/th0il: signature(s}-on the instrument the person(&)-, or the entity upon behalf of which the person(s)-acted, executed the instrument ········~ YVONNE RONCAGLIOLO
Notary Public - California z
Contra Costa County ~
Commission# 2299104 -
My Comm. Expires Aug 24, 2023
Place Notary Sea/ Above
I certify under PENAL lY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _ ~ - ------- - --
Signature of Notary Public
--------------- oPTIONAL --------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: _____________ Document Date: _______ _ Number of Pages: ___ Signer(s} Other Than Named Above: ________ ____ _ Capacity(ies) Claimed by Signer(s)
Signer's Name: _c.b.w.tioaJlu.,_.,,,"-'-- - - ---
□ Corporate Officer - Title(s}: ______ _
□ Partner - I l Limited LJ General
□ Individual 00 Attorney in Fact
□ Trustee I I Guardian or Conservator
C Other: _ _____________ _
Signer Is Representing: _ _ _ ______ _
=1 Pa
Ind
Tru
n o
' .
©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827} Item #5907 ~Libe. rtx \pJ4 Mutuat
SURETY
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated.
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company
POWER OF ATTORNEY
Certificate No: 8205881-024079
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company Is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Alicia Dass; Charles R. Shoemaker; Christina Burton; Joan DeLuca; Kelly Holtemann; Mark M. Munekawa; Nerissa S. Bartolome; Patrick R. Diebei; Peter Tam; Sara Ridge; Thomas E. Hughes; Valerie Garcia; Yvonne Roncaglioio; Zachary V. Overbay all of the city of San Francisco state of CA each Individually if there be more than one named, its true and lawful attorney-In-fact to make, execute, seal, acknowledge and deliver, for and on Its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, In pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this _!_st_ day of July , ~-
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company
I ., M~ u _ ~ --.. ___ ,_ --'-- David M. Carey, Assistant Secretary g _m '6 cu State of PENNSYLVANIA ss -~ E::i ~ 5, County of MONTGOMERY .Q ~
~ ~ On this _l_s_t _ day of July , ~ before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance 1§ (I) ~ ro Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing Instrument for the purposes ~ ~ :m _:: therein contained by signing on behalf of the corporations by himself as a duly authorized officer. ~ (§) J!l_ ~ IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussla, Pennsylvania, on the day and year first above written. <C~(J) c·- 00 cu ~ ~---------~ e:,:r: .Q L. Conunonweallh of Pennsyl~ania - Notary Seal >--- (1)• 0 Teresa Pastello, Notary Public• ,1---.... d (I) • ro Montgomery County {I/, ' I/ -I- It! E E 0 2 My commission expires March 28, 2025 By: µ~ ~ ) .9 (1) C CU ~ Commission number 1126044 -t-'--~ -~~-~~------- ----- ..., '- (I),::; :'f6 ~ 1.lll" r:J Member, PennsylvuntaAssoolallon ofNotarles leresa Pastella, Notary Public :;: o Cl (I) ?'41'/V' \>\)'?>,S O o rom .... ~ .g> 2 This Power of Attorney Is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual ~ ~ ~ .s_ Insurance Company, and West American Insurance Company which resolutions are now In full force and effect reading as follows: fr_ PJ "- 2 ARTICLE IV-OFFICERS: Section 12. Power of Attorney. . 5 ~ .8 ~ Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as. the Chairman or the ,3 ..- ;g [i' President may prescribe, shall appoint such attorneys-In-fact, as may be necessary to act In behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety ffi ~ g! c any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-In-fact, subject to the limitations set forth In their respective powers of attorney, shall -o ~ ...., ~ have full power to bind the Corporation by their signature and execution of any such Instruments and to attach thereto the seal of the Corporation. When so executed, such § (I) ~ B Instruments shall be as binding as If signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-In-fact under the ~ ~ provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. · ~ t ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of.the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-In-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth In their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such Instruments shall be as binding as If signed by the president and attested by the secretary.
Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys-in- /act as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.
Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facs imile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company In connection with surety bonds, shall be valid and binding upon the Company with the same force [1nd effect as though manually affixed.
I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify ltlat the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is In full force and effect and has not.been revoked.
IN TESTIMONY WH.ERf:OF, I have hereunto set my hand and affixed the seals of said Companies this 1st day of September , 2021 .
By:u~ Renee C. Llewellyn, Assistant Secretary
LMS-12873 LMIC OCIC WAIC Multi Co 02/21
1' ·
No. 2131
STATE OF CALIFORNIA
DEPARTJVJENT OF. INSURANCE
SAN FRANCISCO
Amended ~
Certificate of Authority
THIS IS TO CERTIFY, That, pursuant to the Insurance Code of the State of California, Liberty Mutual Insurance Company
of Boston, Massachusetts, organized under the laws of Massachusetts, subject to its Articles of Incorporation or other fundamental organizational documents, is hereby authorized to transact within this State, subject to all provisions of this Certificate, the following classes of insurance:
Fire, Marine, Surety, Disability, Plate Glass, Liability, Workmen's Compensation, Common Carrier Liability, Boiler and Machinery, Burglary, Credit, Sprinkler, Team and Vehicle, Automobile, Aircraft and Miscellaneous
as such classes are now or may hereafter be defined in the Ins1,1rance Laws of the State of California.
THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended.
Fee $10
Rec. No. 273766
Filed 11/14/61
IN WITNESS WHEREOF, effective as of the 15th day of November, 1961, I have hereunto set my hand and caused my official seal to be affixed this 15th day of November, 1961.
By
Certification
F. Britton McConnell
l11surance Commissioner
John N. Andrews
Deputy
I, the undersigned Insurance Commissioner of the State of California, do hereby certify that I have compared the above copy of Certificate of Authority with the duplicate of original now on file in my office, and that the same is a full, true, and correct transcript thereof, and of the whole of said duplicate, and said Certificate of Authority is now in full force and effect. · IN WITNESS WHEREOF, I have hereunto set my hand and caused my official seal to be affvced this 5th day of May, 2004.
··'
By
John Garamendi
Insurance Commlssioner
Pauline D 'Andrea
EXHIBIT “G”
RATE SCHEDULE
Billable Labor Rates Straight
Time
Weekday
Daily Saturday Sunday
&
Holiday
A Journeyman Level:
1 SHEET METAL WORKER - FOREMAN $181.00 $248.00 $248.00 $316.00 2 SHEET METAL WORKER - SHOP $168.00 $228.00 $228.00 $288.00 3 SHEET METAL WORKER - FIELD $168.00 $228.00 $228.00 $288.00 4 PLUMBER, STEAMFITTER, REFRIGERATION
FITTER (HVAC) - FOREMAN
$181.00 $248.00 $248.00 $316.00
5 PLUMBER, STEAMFITTER, REFRIGERATION
FITTER (HVAC)
$168.00 $228.00 $228.00 $288.00
6 UNDERGROUND UTILITY PIPEFITTER - FOREMAN $181.00 $248.00 $248.00 $316.00 7 UNDERGROUND UTILITY PIPEFITTER $168.00 $228.00 $228.00 $288.00 B Apprentice Level:
1 SHEET METAL WORKER - 4TH PERIOD $106.00 $134.00 $134.00 $166.00 2 SHEET METAL WORKER - 5TH PERIOD $109.00 $142.00 $142.00 $168.00 3 SHEET METAL WORKER - 6TH PERIOD $114.00 $148.00 $148.00 $180.00 4 SHEET METAL WORKER - 7TH PERIOD $116.00 $152.00 $152.00 $186.00 5 SHEET METAL WORKER - 8TH PERIOD $121.00 $160.00 $160.00 $195.00 6 SHEET METAL WORKER - 9TH PERIOD $124.00 $165.00 $165.00 $202.00 7 SHEET METAL WORKER - 10TH PERIOD $133.00 $178.00 $178.00 $220.00 8 PLUMBER, STEAMFITTER, REFRIGERATION,
(HVAC) - 4TH PERIOD
$106.00 $134.00 $134.00 $166.00
9 PLUMBER, STEAMFITTER, REFRIGERATION,
(HVAC) - 5TH PERIOD
$109.00 $142.00 $142.00 $168.00
10 PLUMBER, STEAMFITTER, REFRIGERATION,
(HVAC) - 6TH PERIOD
$114.00 $148.00 $148.00 $180.00
11 PLUMBER, STEAMFITTER, REFRIGERATION,
(HVAC) - 7TH PERIOD
$116.00 $152.00 $152.00 $186.00
12 PLUMBER, STEAMFITTER, REFRIGERATION,
(HVAC) - 8TH PERIOD
$121.00 $160.00 $160.00 $195.00
13 PLUMBER, STEAMFITTER, REFRIGERATION,
(HVAC) - 9TH PERIOD
$124.00 $165.00 $165.00 $202.00
14 PLUMBER, STEAMFITTER, REFRIGERATION,
(HVAC) - 10TH PERIOD
$133.00 $178.00 $178.00 $220.00
15 UNDERGROUND / UTILITY PIPEFITTER - 4th
PERIOD
$106.00 $134.00 $134.00 $166.00
16 UNDERGROUND / UTILITY PIPEFITTER - 5th
PERIOD
$109.00 $142.00 $142.00 $168.00
17 UNDERGROUND / UTILITY PIPEFITTER - 6th
PERIOD
$114.00 $148.00 $148.00 $180.00
18 UNDERGROUND / UTILITY PIPEFITTER - 7th
PERIOD
$116.00 $152.00 $152.00 $186.00
19 UNDERGROUND / UTILITY PIPEFITTER - 8th
PERIOD
$121.00 $160.00 $160.00 $195.00
20 UNDERGROUND / UTILITY PIPEFITTER - 9th
PERIOD
$124.00 $165.00 $165.00 $202.00
21 UNDERGROUND / UTILITY PIPEFITTER - 10th
PERIOD
$133.00 $178.00 $178.00 $220.00
C Laborer Level:
1 Laborer - FOREMAN $168.00 $228.00 $228.00 $288.00
2 Laborer $116.00 $152.00 $152.00 $186.00
D Operating Engineer Level:
1 OPERATING ENGINEER - FOREMAN $181.00 $248.00 $248.00 $316.00 2 OPERATING ENGINEER $168.00 $228.00 $228.00 $288.00
E Service Call Fee per Emergency Call / Repair (Per Incident, if applicable) - $80.00 F Materials & Consumables Mark-Up from Actual Cost to Contractor is 18% G Equipment Rentals Mark-Up from Actual Cost to Contractor is 15%
1. Billable Labor Rates
Contractor may request adjustments to the billable labor rates on each one-year anniversary during the initial three-year term of the agreement, plus any one year options to renew the agreement after the initial term. Contractor must demonstrate to the satisfaction of the Stadium Manager that a price increase is warranted. Price adjustments are subject to Stadium Manager’s approval. Increases shall not exceed 3% annually, unless prevailing wage increases by more than 3%.
2. Materials and Consumables
a. Materials (which include replacement parts, new components such as panel boards, transformers, etc., but does NOT include the cost of small tools) and consumables, which are “minor” materials actually “consumed” during the course of work (such as caulking, solder, tape, etc.) shall be provided to the Stadium Manager at the Contractor’s “cost” (meaning what the Contractor paid the supplier) plus an agreed upon mark-up percentage, which would include handling, storage, etc. b. When the Contractor is invoicing for specific task orders, and that invoice includes materials costs, Stadium Manager, at its discretion, may require invoices documenting what the Contractor paid for said materials. c. If Stadium Manager issues an “emergency” task order, then this requirement may be waived if Stadium Manager so authorizes.
3. Equipment Rental
a. If the Contractor must rent equipment in order to accomplish a Task Order, the price of that equipment to Stadium Manager shall be the Contractor’s actual invoice cost for that equipment, plus an agreed upon mark-up percentage. b. If the Contractor owns equipment, then reimbursement for use of that equipment is to be covered in the Contractor’s overall Overhead and Profit mark-up, which is a component of the Contractor’s billable hourly rates described above.
4. Permit Fees
All permit fees shall be pass through charges billed to the Stadium Manager for actual documented costs charged without markup.
---
EXHIBIT “H”
SAMPLE TASK ORDER FORM
FORTY NINERS STADIUM MANAGEMENT COMPANY LLC
TASK ORDER
Task Order No. ______
Contract: Levi’s Stadium Mechanical and Plumbing Maintenance and Repair Services Contractor: O.C. McDONALD CO., INC.
The Contractor is hereby authorized to perform the following work subject to the provisions of the Contract identified above:
List any attachments: [INSERT ATTACHMENTS, IF ANY]
Dollar Amount of Task Order: Not to exceed $_____,_____.00 Liquidated Damages for this Task Order: $XXX per day.
Completion Date: ____________, 20___
The undersigned Contractor hereby agrees that it will provide all equipment, furnish all materials, except as may be otherwise noted above, and perform all work specified above in accordance with the Contract identified above and will accept as full payment therefore the amount shown above.
FORTY NINERS STADIUM
MANAGEMENT COMPANY LLC
O.C. McDONALD CO., INC.
Dated: Dated:
By: By:
EXHIBIT “I”
LEVI’S STADIUM – JOBSITE RULES
The Contractor (to include all contractors, vendors, subcontractor and employees of each) shall adhere to the following rules while on site:
1. Contractor shall park in only approved Contractor designated parking areas as identified by Stadium Manager.
2. No smoking, drugs, or alcohol permitted on site.
3. Contractor work area must be left in a clean, neat and orderly condition at the end of each day. If the Contractor fails to perform daily cleaning the Stadium Manager reserves the right to clean up debris at Contractor expense.
4. Contractor shall coordinate with Stadium Manager for use of restroom facilities prior to Project.
5. Contractor to schedule work hours with Stadium Manager prior to Project. Work outside of regularly schedule hours shall require prior written approval by Stadium Manager.
6. Contractor shall coordinate employee break areas with the Stadium Manager prior to Project. All lunch and break debris generated by the Contractor must be disposed of immediately in appropriate containers (i.e. glass, aluminum, cardboard, etc.).
7. No radios, iPods, music devices with earbuds, etc. allowed. NO EXCEPTIONS.
8. Contractor shall report Project status to the Stadium Manager weekly and provide an update on the progress of the work. Contractor shall contact Stadium Manager immediately should any incidents occur or if any conflicts with these jobsite rules should arise.
9. Personal Protective Equipment (“PPE”), including but not limited to, proper safety clothing MUST be worn at all times while on jobsite. Any personnel without proper safety clothing will not be allowed on site. This include office personnel and visitors.
Appropriate PPE shall be coordinated with the Stadium Manager prior to Project.
10. The Contract supervisor assigned to this job must have the ability to make employees follow ALL jobsite rules.
11. Contractor, to include all employees and visitors, must register each day for stadium access through the Stadium Manager provided visitor management and access control system. Contractor employees are subject to health screening prior to approval of site access. Contractor employees shall adhere to all Stadium Manager site access requirements.
12. Contractors and all employees must stay in their area as required and defined in the Project scope of work. Any Contractor employee found outside of the authorized Project area will be removed from the property and may not return to the site.
13. Contractor Equipment / Vehicles – Contractor shall coordinate delivery and use of all equipment brought and used on site (owned or rented) with the Stadium Manager prior to Project. Equipment shall display markings identifying the following information for each piece of equipment while on site:
• Contractor’s Company Name
• Contractor’s Equipment Contact
• Contact Phone Number
• Duration On-Site (i.e. 06/02/21- 06/15/21)
Equipment requiring this information includes, but is not limited to, the following types of equipment:
• Material Handling Equipment (such as Forklifts and Pallet Jacks) • Golf Carts
• Flatbeds
• Manlifts
• Vehicles
• Job Boxes
• Trailers
• Other Equipment
Anyone operating this equipment must have the proper certifications, operate them in compliance with Cal/OSHA standards, and shall follow any Stadium Manager safety protocols.
Social Media Policy
This policy governs contractors use of social media, including any online tools used to share content and profiles, such as personal web pages, message boards, networks, communities, and social networking websites including, but not limited to, Facebook, Twitter, Instagram, LinkedIn, Snapchat, Tumblr, Reddit, and web blogs. The lack of explicit reference to a specific site or type of social media does not limit the application of this policy.
The Contractor (and all employees) are prohibited from the following:
1. Using social media to post or to display comments about Stadium Manager, the San Francisco 49ers, Levi’s Stadium, co-workers, supervisors, clients, vendors, suppliers or members of management that are vulgar, obscene, physically threatening or intimidating, harassing, or otherwise constitute a violation of the Stadium Manager’s workplace policies against discrimination, retaliation, harassment, or hostility on account of any protected category, class, status, act or characteristic.
2. Infringing on Stadium’s logos, brand names, taglines, slogans or other trademarks.
Contractors and their agents, owners, and employees shall comply with the laws regarding copyrights, trademarks, rights or publicity and other third party rights.
3. Posting or displaying content that is an intentional public attack on the quality of the Stadium’s products and/or services in a manner that a reasonable person would perceive as calculated to harm the Stadium’s business and is unrelated to any employee concern involving wages, hours, or other terms and conditions of employment.
4. Posting a photograph of a supervisor, manager, co-worker (including players and coaches in non-public settings), vendor, supplier, or client without that individual's express permission.
Violations of this policy may result in disciplinary action up to and including removal from the jobsite. Please contact the Stadium Manager if you have any questions about this policy.
Attachment G
Labor Compliance Addendum
ATTACHMENT G
LABOR COMPLIANCE ADDENDUM
Attachment G
Labor Compliance Addendum
ATTACHMENT G
LABOR COMPLIANCE ADDENDUM
Contract Title:
CONTRACTOR (Supplier)
Name and Address
This Contract is subject to the requirements of California Labor Code section 1720 et seq. requiring the payment of prevailing wages, the training of apprentices, and compliance with other applicable requirements.
A. Prevailing Wage Requirements
1. Contractor shall be obligated to pay not less than the General Prevailing Wage Rate, which can be found at www.dir.ca.gov. Contractor is also required to have a copy of the applicable wage determination posted and/or available at each job site.
2. Specifically, contractors are reminded of the need for compliance with Labor Code Section 1774-1775 (the payment of prevailing wages and documentation of such), Section 1776 (the keeping and submission of accurate certified payrolls) and 1777.5 in the employment of apprentices on public works projects. Further, overtime must be paid for work in excess of 8 hours per day or 40 hours per week pursuant to Labor Code Section 1811-1813.
3. Special prevailing wage rates generally apply to work performed on weekends, holidays and for certain shift work. Depending on the location of the project and the amount of travel incurred by workers on the project, certain travel and subsistence payments may also be required. Contractors and subcontractors are on notice that information about such special rates, holidays, premium pay, shift work and travel and subsistence requirements can be found at www.dir.ca.gov.
4. Only bona fide apprentices actively enrolled in a California Division of Apprenticeship Standards approved program may be employed on the project as an apprentice and receive the applicable apprenticeship prevailing wage rates.
Apprentices who are not properly supervised and employed in the appropriate ratio shall be paid the full journeyman wages for the classification of work performed.
5. As a condition to receiving progress payments, final payment and payment of retention on any and all projects on which the payment of prevailing wages is required, Contractor agrees to present to Stadium Manager, along with its request for payment, all applicable and necessary certified payrolls (for itself and all applicable subcontractors) for the time period covering such payment request.
The term “certified payroll” shall include all required documentation to comply
Attachment G
Labor Compliance Addendum
with the mandates set forth in Labor Code Section 1720 et seq, as well as any additional documentation requested by the Stadium Manager or its designee including, but not limited to: certified payroll, fringe benefit statements and backup documentation such as monthly benefit statements, employee timecards, copies of wage statements and cancelled checks, proof of training contributions (CAC2 if applicable), and apprenticeship forms such as DAS-140 and DAS-142.
6. In addition to submitting the certified payrolls and related documentation to Stadium Manager, Contractor and all subcontractors shall be required to submit certified payroll and related documents electronically to the California Department of Industrial Relations. Failure to submit payrolls to the DIR when mandated by the project parameters shall also result in the withholding of progress, retention and/or final payment.
7. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
8. No contractor or subcontractor may be awarded a contract for public work on a public works project, unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. Contractors MUST be a registered “public works contractor” with the DIR AT THE TIME OF BID. Where the prime contract is less than $15,000 for maintenance work or less than $25,000 for construction alternation, demolition or repair work, registration is not required.
9. All contractors/subcontractors and related construction services subject to prevailing wage, including but not limited to: trucking, surveying and inspection work must be registered with the Department of Industrial Relations as a “public works contractor”. Those you fail to register and maintain their status as a public works contractor shall not be permitted to perform work on the project.
10. Should any contractor or subcontractors not be a registered public works contractor and perform work on the project, Contractor agrees to fully indemnify the Stadium Manager for any fines assessed by the California Department of Industrial Relations against the Stadium Manager for such violation, including all staff costs and attorney’s fee relating to such fine.
11. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
B. Audit Rights
All records or documents required to be kept pursuant to this Contract to verify compliance with this Addendum shall be made available for audit at no cost to Stadium Manager, at any time during regular business hours, upon written request. Copies of such records or documents shall be provided to Stadium Manager for audit at Levi’s Stadium when it is practical to do so.
Otherwise, unless an alternative is mutually agreed upon, the records or documents shall be made available at Contractor’s address indicated for receipt of notices in this Contract.
C. Enforcement
1. Stadium Manager shall withhold any portion of a payment; including the entire payment amount, until certified payroll forms and related documentation are properly submitted, reviewed and found to be in full compliance. In the event that certified payroll forms do not comply with the requirements of Labor Code Section 1720 et seq ., Stadium Manager may continue to hold sufficient funds to cover estimated wages and penalties under the Contract.
2. The Stadium Manager is not obligated to make any payment due to Contractor until Contractor has performed all of its obligations under these provisions. This provision means that Stadium Manager can withhold all or part of a payment to Contractor until all required documentation is submitted. Any payment by the Stadium Manager despite Contractor's failure to fully perform its obligations under these provisions shall not be deemed to be a waiver of any other term or condition contained in this Contract or a waiver of the right to withhold payment for any subsequent breach of this Contract.
Stadium Manager, the Santa Clara Stadium Authority, or the California Department of Industrial Relations may impose penalties upon contractors and subcontractors for failure to comply with prevailing wage requirements. These penalties are up to $200 per day per worker for each wage violation identified; $100 per day per worker for failure to provide the required paperwork and documentation requested within a 10-day window; and $25 per day per worker for any overtime violation.
Stadium Manager
Name Jiu~M
Title: ~~DM
Email:<fWt.~t 'ffv,y~ M ,fp.-
Date:
Attachment G
Labor Compl iance Addendum
O.C. McDonald Co., Inc. (Supplier)
Name: Matt McDonald
Title: Sr. Vice President
Email [email protected]
Amendment No. 1
AMENDMENT NO. 1
TO THE LEVI’S STADIUM ON-CALL PLUMBING AND MECHANICAL
MAINTENANCE AND REPAIR SERVICES CONTRACT
BETWEEN
THE FORTY NINERS STADIUM MANAGEMENT COMPANY, LLC
AND
O.C. MCDONALD CO., INC.
1. Parties and Date.
This Amendment No. 1 to the Levi’s Stadium On-Call Mechanical and Plumbing Maintenance and Repair Services Contract is made and entered into as of this 5th day of August, 2024, by and between the Forty Niners Stadium Management Company LLC (“Stadium Manager”) and O.C.
McDonald Co., Inc., a California corporation with its principal place of business at 1150 W. San Carlos St., San Jose, CA 95126 (“Contractor”). Stadium Manager and Contractor are sometimes individually referred to as “Party” and collectively as “Parties.”
2. Recitals.
2.1 Contractor. The Stadium Manager and Contractor have entered into an agreement entitled “Levi’s Stadium Mechanical and Plumbing Maintenance and Repair Services Contract” (“Contract”) for the purpose of retaining the services of Contractor to provide on-call stadium mechanical and plumbing maintenance and repair work.
2.2 Amendment Purpose. Contractor will perform the Temporary Domestic Boiler Emergency Project (“Project”) under the Contract. The Project requires a separate budget allocation to be added to the Contract. The Stadium Manager and Contractor desire to amend the Contract to establish the additional budget and not-to-exceed compensationa amount allocated for the Project.
2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Sections
3.7.1 and 3.7.18 of the Contract.
3. Terms.
3.1 Amendment. Pursuant to Section 3.7.1 of the Contract, the Parties agree to establish a not-to-exceed compensation amount of Two Hundred Fifty Four Thousand Nine Hundred Twenty Two Dollars ($254,922.00) for the Project (“Project Cost”), which amount shall supplement the existing Total Contract Price for year three of the Contract term. Payment of the Project Cost will be in accordance with and conditioned upon Stadium Manager’s issuance of a task order for performance of the Project. The total aggregate compensation amount under years one, two, and three of the
Amendment No. 1
Contract shall not exceed One Million Four Thousand Nine Hundred Twenty Two Dollars ($1,004,922.00) without the approval of Stadium Manager.
3.2 Continuing Effect of Contract. Except as amended by this Amendment No. 1, all other provisions of the Contract remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever the term “Contract” appears in the Contract, it shall mean the Contract as amended by this Amendment No. 1.
3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1.
3.4 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
[Signatures on Next Page]
Amendment No. 1
SIGNATURE PAGE FOR AMENDMENT NO. 1 TO LEVI’S STADIUM ON-CALL
PLUMBING AND MECHANICAL MAINTENANCE AND REPAIR SERVICES
CONTRACT BETWEEN THE FORTY NINERS STADIUM MANAGEMENT COMPANY LLC AND O.C. MCDONALD CO., INC.
FORTY NINERS STADIUM
MANAGEMENT COMPANY LLC
Francine Hughes
EVP & General Manager
Date
O.C. MCDONALD CO., INC.
Matt McDonald
Senior Vice President
Date
Amendment No. 2 // Contract 10072B
AMENDMENT NO. 2
TO THE LEVI’S STADIUM ON-CALL PLUMBING AND MECHANICAL
MAINTENANCE AND REPAIR SERVICES CONTRACT
BETWEEN
THE FORTY NINERS STADIUM MANAGEMENT COMPANY, LLC
AND
O.C. MCDONALD CO., INC.
1. Parties and Date.
This Amendment No. 2 to the Levi’s Stadium On-Call Mechanical and Plumbing Maintenance and Repair Services Contract is made and entered into as of this 28 day of August, 2024, by and between the Forty Niners Stadium Management Company LLC (“Stadium Manager”) and O.C.
McDonald Co., Inc., a California corporation with its principal place of business at 1150 W. San Carlos St., San Jose, CA 95126 (“Contractor”). Stadium Manager and Contractor are sometimes individually referred to as “Party” and collectively as “Parties.”
2. Recitals.
2.1 Contractor. The Stadium Manager and Contractor have entered into an agreement entitled “Levi’s Stadium Mechanical and Plumbing Maintenance and Repair Services Contract” (“Contract”) for the purpose of retaining the services of Contractor to provide on-call stadium mechanical and plumbing maintenance and repair work.
2.2 Amendment Purpose. The Stadium Manager and Consultant desire to amend the Contract to extend the term, make corresponding changes to the not-to-exceed compensation amount, and adjust the rate schedule for the extended term.
2.3 Amendment Authority. This Amendment No. 2 is authorized pursuant to Sections 3.3,
3.7.1, and 3.7.18 of the Contract. Capitalized terms not otherwise defined or amended herein shall have the meaning assigned in the Contract.
3. Terms.
3.1 Amendment: In accordance with Section 3.3 of the Contract, the Parties agree to extend the term of the Contract by one (1) additional year commencing September 7, 2024 and expiring September 6, 2025 (“First Extension Term”).
3.2 Amendment: In accordance with Section 3.7.1 of the Contract, the Parties agree to establish a not-to-exceed compensation amount of Two Hundred Fifty Thousand Dollars ($250,000)
Amendment No. 2 // Contract 10072B
for the First Extension Term (“First Extension Total Contract Price”). The First Extension Total Contract Price shall be billed at the rates specified in Exhibit “G-1” attached hereto and incorporated herein by reference. The total aggregate compensation amount under years one, two, three, and four of the Contract shall not exceed One Million Two Hundred Fifty Four Thousand Nine Hundred Twenty Two Dollars ($1,254,922.00) without the approval of Stadium Manager.
3.3 Amendment: With respect to the First Extension Term, Exhibit “G” to the Contract is hereby deleted and replaced in its entirety with Exhibit “G-1”, which is attached hereto and incorporated herein by this reference.
3.4 Continuing Effect of Other Provisions. Except as amended by Amendment No. 1 and this Amendment No. 2, all other provisions of the Contract remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 2. From and after the Effective Date of this Amendment No. 2, whenever the term “Contract” appears in the Contract, it shall mean the Contract as amended by Amendment No. 1 and this Amendment No. 2.
3.5 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 2.
3.6 Severability. If any portion of this Amendment No. 2 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
[Signatures on Next Page]
Amendment No. 2 // Contract 10072B
SIGNATURE PAGE FOR AMENDMENT NO. 2 TO LEVI’S STADIUM ON-CALL
PLUMBING AND MECHANICAL MAINTENANCE AND REPAIR SERVICES
CONTRACT BETWEEN THE FORTY NINERS STADIUM MANAGEMENT COMPANY LLC AND O.C. MCDONALD CO., INC.
FORTY NINERS STADIUM
MANAGEMENT COMPANY LLC
Francine Hughes
EVP & General Manager
Date
O.C. MCDONALD CO., INC.
Matt McDonald
President
Date
Amendment No. 2 // Contract 10072B
EXHIBIT “G-1”
FIRST EXTENSION RATE SCHEDULE
Billable Labor Rates Straight
Time
Weekday
Daily Saturday Sunday
&
Holiday
A Journeyman Level: - - - -
1 SHEET METAL WORKER – FOREMAN $212.00 $318.00 $318.00 $424.00 2 SHEET METAL WORKER – SHOP $203.00 $305.00 $305.00 $406.00 3 SHEET METAL WORKER – FIELD $203.00 $305.00 $305.00 $406.00 4 PLUMBER, STEAMFITTER, REFRIGERATION FITTER
(HVAC) – FOREMAN $212.00 $318.00 $318.00 $424.00
5 PLUMBER, STEAMFITTER, REFRIGERATION FITTER
(HVAC) $203.00 $305.00 $305.00 $406.00
6 UNDERGROUND UTILITY PIPEFITTER – FOREMAN $212.00 $318.00 $318.00 $424.00 7 UNDERGROUND UTILITY PIPEFITTER $203.00 $305.00 $305.00 $406.00 B Apprentice Level: - - - -
1 SHEET METAL WORKER - 4TH PERIOD $109.00 $163.00 $163.00 $218.00 2 SHEET METAL WORKER - 5TH PERIOD $114.00 $148.00 $148.00 $180.00 3 SHEET METAL WORKER - 6TH PERIOD $116.00 $152.00 $152.00 $186.00 4 SHEET METAL WORKER - 7TH PERIOD $121.00 $160.00 $160.00 $195.00 5 SHEET METAL WORKER - 8TH PERIOD $124.00 $165.00 $165.00 $202.00 6 SHEET METAL WORKER - 9TH PERIOD $133.00 $178.00 $178.00 $220.00 7 SHEET METAL WORKER - 10TH PERIOD $144.00 $216.00 $216.00 $288.00 8 PLUMBER, STEAMFITTER, REFRIGERATION, (HVAC)
- 4TH PERIOD $109.00 $163.00 $163.00 $218.00
9 PLUMBER, STEAMFITTER, REFRIGERATION, (HVAC)
- 5TH PERIOD $114.00 $148.00 $148.00 $180.00
10 PLUMBER, STEAMFITTER, REFRIGERATION, (HVAC)
- 6TH PERIOD $116.00 $152.00 $152.00 $186.00
11 PLUMBER, STEAMFITTER, REFRIGERATION, (HVAC)
- 7TH PERIOD $121.00 $160.00 $160.00 $195.00
12 PLUMBER, STEAMFITTER, REFRIGERATION, (HVAC)
- 8TH PERIOD $124.00 $165.00 $165.00 $202.00
13 PLUMBER, STEAMFITTER, REFRIGERATION, (HVAC)
- 9TH PERIOD $133.00 $178.00 $178.00 $220.00
Amendment No. 2 // Contract 10072B
Billable Labor Rates Straight
Time
Weekday
Daily Saturday Sunday
&
Holiday
14 PLUMBER, STEAMFITTER, REFRIGERATION, (HVAC)
- 10TH PERIOD $144.00 $216.00 $216.00 $288.00
15 UNDERGROUND / UTILITY PIPEFITTER - 4th PERIOD $109.00 $163.00 $163.00 $218.00 16 UNDERGROUND / UTILITY PIPEFITTER - 5th PERIOD $114.00 $148.00 $148.00 $180.00 17 UNDERGROUND / UTILITY PIPEFITTER - 6th PERIOD $116.00 $152.00 $152.00 $186.00 18 UNDERGROUND / UTILITY PIPEFITTER - 7th PERIOD $121.00 $160.00 $160.00 $195.00 19 UNDERGROUND / UTILITY PIPEFITTER - 8th PERIOD $124.00 $165.00 $165.00 $202.00 20 UNDERGROUND / UTILITY PIPEFITTER - 9th PERIOD $133.00 $178.00 $178.00 $220.00 21 UNDERGROUND / UTILITY PIPEFITTER - 10th PERIOD $144.00 $216.00 $216.00 $288.00 C Laborer Level: - - - -
1 Laborer – FOREMAN $212.00 $318.00 $318.00 $424.00
2 Laborer $144.00 $216.00 $216.00 $288.00
D Operating Engineer Level: - - - -
1 OPERATING ENGINEER – FOREMAN $212.00 $318.00 $318.00 $424.00 2 OPERATING ENGINEER $203.00 $305.00 $305.00 $406.00
E Service Call Fee per Emergency Call / Repair (Per Incident, if applicable) - $80.00 F Materials & Consumables Mark-Up from Actual Cost to Contractor is 18% G Equipment Rentals Mark-Up from Actual Cost to Contractor is 15%
1. Billable Labor Rates
Contractor may request adjustments to the billable labor rates on each one-year anniversary during the initial three-year term of the agreement, plus any one year options to renew the agreement after the initial term. Contractor must demonstrate to the satisfaction of the Stadium Manager that a price increase is warranted. Price adjustments are subject to Stadium Manager’s approval. Increases shall not exceed 3% annually, unless prevailing wage and/or union labor contracts increase by more than 3%.
2. Materials and Consumables
a. Materials (which include replacement parts, new components such as panel boards, transformers, etc., but does NOT include the cost of small tools) and consumables, which are “minor” materials actually “consumed” during the course of work (such as caulking, solder, tape, etc.) shall be provided to the Stadium Manager at the Contractor’s
Amendment No. 2 // Contract 10072B
“cost” (meaning what the Contractor paid the supplier) plus an agreed upon mark-up percentage, which would include handling, storage, etc. b. When the Contractor is invoicing for specific task orders, and that invoice includes materials costs, Stadium Manager, at its discretion, may require invoices documenting what the Contractor paid for said materials.
c. If Stadium Manager issues an “emergency” task order, then this requirement may be waived if Stadium Manager so authorizes.
3. Equipment Rental
a. If the Contractor must rent equipment in order to accomplish a Task Order, the price of that equipment to Stadium Manager shall be the Contractor’s actual invoice cost for that equipment, plus an agreed upon mark-up percentage.
b. If the Contractor owns equipment, then reimbursement for use of that equipment is to be covered in the Contractor’s overall Overhead and Profit mark-up, which is a component of the Contractor’s billable hourly rates described above.
4. Permit Fees
All permit fees shall be pass through charges billed to the Stadium Manager for actual documented costs charged without markup.
5. Payment and Performance Bond Fees
Payment and performance bond fees shall be pass through charges billed to the Stadium Manager for actual documented cost charged without markup.
Agreement No: 10072B-3
AMENDMENT NO. 3
TO THE LEVI’S STADIUM ON-CALL PLUMBING AND MECHANICAL
MAINTENANCE AND REPAIR SERVICES CONTRACT
BETWEEN
THE FORTY NINERS STADIUM MANAGEMENT COMPANY, LLC
AND
O.C. MCDONALD CO., INC.
1. Parties and Date.
This Amendment No. 3 to the Levi’s Stadium On-Call Mechanical and Plumbing Maintenance and Repair Services Contract is made and entered into as of this ___ day of ____, 2025, by and between the Forty Niners Stadium Management Company LLC (“Stadium Manager”) and O.C. McDonaldCo., Inc., a California corporation with its principal place of business at 1150 W. San Carlos St., San Jose, CA 95126 (“Contractor”). Stadium Manager and Contractor are sometimes individually referred to as “Party” and collectively as “Parties.”
2. Recitals.
2.1 Contractor. The Stadium Manager and Contractor have entered into an agreement entitled “Levi’s Stadium Mechanical and Plumbing Maintenance and Repair Services Contract” (“Contract”) for the purpose of retaining the services of Contractor to provide on-call stadium mechanical and plumbing maintenance and repair work.
2.2 Amendment Purpose. The Stadium Manager and Consultant desire to amend the Contract to extend the term and make corresponding changes to the not-to-exceed compensation amount.
2.3 Amendment Authority. This Amendment No. 3 is authorized pursuant to Sections 3.3,
3.7.1, and 3.17.18 of the Contract. Capitalized terms not otherwise defined or amended herein shall have the meaning assigned in the Contract.
3. Terms.
3.1 Amendment: In accordance with Section 3.3 of the Contract, the Parties agree to extend the term of the Contract by one (1) additional year commencing September 7, 2025 and expiring September 6, 2026 (“Second Extension Term”).
3.2 Amendment: In accordance with Section 3.7.1 of the Contract, the Parties agree to establish a not-to-exceed compensation amount of Two Hundred Fifty Thousand Dollars ($250,000) for the Second Extension Term (“Second Extension Total Contract Price”). The total aggregate compensation amount under years one, two, three, four, and five of the Contract shall not exceed One Docusign Envelope ID: 0D76CF89-518D-44FC-81D1-3B5D32DE4590
Agreement No: 10072B-3
Million Five Hundred Four Thousand Nine Hundred Twenty-Two Dollars ($1,504,922) without the approval of Stadium Manager.
3.3 Continuing Effect of Other Provisions. Except as amended by Amendment No. 1, Amendment No. 2, and this Amendment No. 3, all other provisions of the Contract remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 3. From and after the Effective Date of this Amendment No. 3, whenever the term “Contract” appears in the Contract, it shall mean the Contract as amended by Amendment No. 1, Amendment No. 2, and this Amendment No. 3.
3.4 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 3.
3.5 Severability. If any portion of this Amendment No. 3 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
[Signatures on Next Page]
Docusign Envelope ID: 0D76CF89-518D-44FC-81D1-3B5D32DE4590
Agreement No: 10072B-3
SIGNATURE PAGE FOR AMENDMENT NO. 3 TO LEVI’S STADIUM ON-CALL
PLUMBING AND MECHANICAL MAINTENANCE AND REPAIR SERVICES
CONTRACT BETWEEN THE FORTY NINERS STADIUM MANAGEMENT COMPANY LLC AND O.C. MCDONALD CO., INC.
FORTY NINERS STADIUM MANAGEMENT
COMPANY LLC
Francine Hughes
EVP & General Manager
Date
O.C. MCDONALD CO., INC.
Matt McDonald
Senior Vice President
Date
Docusign Envelope ID: 0D76CF89-518D-44FC-81D1-3B5D32DE4590 Date: June 12, 2025
To: Jovan Grogan
Executive Director
Santa Clara Stadium Authority
From: Francine Melendez Hughes
Executive Vice President and General Manager
Forty Niners Stadium Management Company LLC
Subject: Recommendation for Approval to Amend Agreements with ACCO Engineered Systems, Inc., and O.C. McDonald Co., Inc., for On-Call Mechanical and Plumbing Maintenance and Repair Services at Levi’s Stadium
Recommendation
Recommend approval to execute the second amendment to the agreement with ACCO Engineered Systems, Inc., for on-call mechanical and plumbing maintenance and repair services at Levi’s Stadium to extend the term of the agreement from September 7, 2025, to September 6, 2026, for the fifth contract year with a not to exceed compensation amount of $250,000. Total compensation, in the aggregate, shall not exceed $1,250,000 over the five-year period.
Recommend approval to execute the third amendment to the agreement with O.C.
McDonald Co., Inc., for on-call mechanical and plumbing maintenance and repair services at Levi’s Stadium to extend the term of the agreement from September 7, 2025, to September 6, 2026, for the fifth contract year with a not to exceed compensation amount of $250,000. Total compensation, in the aggregate, shall not exceed $1,504,922 over the five-year period.
Reasons for Recommendation
Forty Niners Stadium Management Company LLC (Stadium Manager) provides management services for the Stadium on a continual, year-round basis, including overseeing the day-to-day operations and maintenance of the Stadium. The Stadium is a
1.8 million square foot facility completed in 2014. It utilizes complex mechanical and plumbing components matching the size and age of facility. Stadium Manager determined that having a list of qualified and experienced contractors to provide mechanical and plumbing maintenance and repair services at the Stadium on an asneeded basis was essential to maintaining and running the Stadium. Therefore, it was in Stadium Manager’s best interest to solicit proposals from contractors capable of managing a wide range of mechanical (HVAC) and plumbing repairs.
Pursuant to a formal solicitation process, on July 27, 2021, Stadium Manager recommended and received approval from the Santa Clara Stadium Authority (SCSA) Docusign Envelope ID: 0D76CF89-518D-44FC-81D1-3B5D32DE4590 Board to establish agreements with ACCO Engineered Systems, Inc., and O.C.
McDonald Co., Inc., for on-call mechanical and plumbing maintenance and repair services at Levi’s Stadium, for a three-year period with an option to extend the agreements for two additional one-year periods. The amount of compensation for each agreement was not to exceed $250,000 per contract year without prior approval from the SCSA. Total compensation, in the aggregate, was not to exceed $750,000 under each agreement. Stadium Manager executed agreements with ACCO Engineered Systems, Inc., and O.C. McDonald Co., Inc. for a three-year period from September 7, 2021, September 6, 2024.
During the term of the agreements, both ACCO Engineered Systems, Inc., and O.C.
McDonald Co., Inc. worked on mechanical and plumbing systems throughout the Stadium. The services performed include working on all aspects of the HVAC systems including resolving problems with air handling, cooling towers, refrigeration, supply and return fans, and exhaust fans. They have provided maintenance and repairs for various boiler systems. In addition, they have performed work on various plumbing systems ranging from repairing pipes to addressing sewer and storm drainage system issues.
During the term of the agreement, Stadium Manager recommended and received approval and authorization from the SCSA Executive Director to execute an amendment to the agreement with O.C. McDonald Co., Inc. for the emergency procurement of the Temporary Domestic Boiler Emergency Project, increasing the maximum compensation for year three for O.C. McDonald Co., Inc. from $250,000 to $504,922 to complete the emergency repair utilizing SCSA capital expenditure funds. Stadium Manager provided a copy of the executed amendment to the SCSA.
Stadium Manager had a continued need to have on-call mechanical and plumbing maintenance and repair providers beyond the initial 3-year term and exercised the option to extend the agreements for a fourth contract year with a not to exceed compensation amount of $250,000 for each provider. Stadium Manager recommended and received approval and authorization from the SCSA Executive Director on August 27, 2024 to execute amendments to the agreements with ACCO Engineered Systems, Inc., and O.C.
McDonald Co., Inc., to extend the terms for a fourth year from September 7, 2024 through September 6, 2025 with a total aggregate not to exceed compensation amount for ACCO Engineered Systems, Inc., of $1,000,000 and a total aggregate not to exceed compensation amount to O.C. McDonald Co., Inc. of $1,254,922.
The following are orders placed or expenditures incurred for contract years one through four of the agreements:
ACCO Engineered Systems, Inc.,
Contract Year One (9/7/21-9/6/22) - $237,013.13
Contract Year Two (9/7/22-9/6/23) - $244,417.20
Contract Year Three (9/7/23-9/6/24)-$248,226.43
Contract Year Four (9/7/24-9/6/25 YTD)- $38,407.99
Docusign Envelope ID: 0D76CF89-518D-44FC-81D1-3B5D32DE4590 The Contract Year Three spend figure for ACCO Engineered Systems of $174,017.43 which was reported in our Recommendation to Amend Agreements submitted in August 2024, was based on a partial contract year. We updated the spend number to $248,226.43 to reflect the actual spend for the entire Contract Year Three period.
O.C. McDonald Co., Inc.
Contract Year One (9/7/21-9/6/22) – $0.00
Contract Year Two (9/7/22-9/6/23)- $37,424.02
Contract Year Three (9/7/23-9/6/24)- $254,922 (amendment issued utilizing SCSA capital expenditure funds)
Contract Year Four (9/7/24-9/6/25 YTD) – $0.00
For O.C. McDonald Co., Inc., the $254,922 identified for Contract Year Three represents the full amount of contract amendment for the temporary boiler. There have been no other orders placed with this vendor since that time.
Stadium Manager continues to have a need for on-call plumbing and mechanical maintenance and repair services to maintain the continuity of operations of Levi’s Stadium and would like to exercise the right to extend the agreements with Both ACCO Engineered Systems, Inc., and O.C. McDonald Co., Inc., for an additional one-year period with a not to exceed amount of $250,000 for each agreement. Having both providers available to provide on-call services allows Stadium Manager to get quotes for services from both providers ensuring our ability to issue task orders based on availability and lowest cost. Stadium Manager will request the SCSA for approval to increase the maximum compensation during the contract year, if warranted.
For year five of the agreement, ACCO Engineered Systems, Inc., has requested a 3% increase in labor rates to compensate for the annual union signatory labor increases. The 3% rate increase is consistent with the maximum allowed rate increase set forth in Exhibit G-1 of the Agreement. O.C. McDonald Co., Inc., did not request an increase in labor rates for year five of the agreement. Total compensation, in the aggregate, for ACCO Engineered Systems, Inc., will not exceed $1,250,000 over the five-year period.
Total compensation, in the aggregate, for O.C. McDonald Co., Inc., will not exceed $1,504,922.
Fiscal Impact
The cost for such services is covered in the FY25/26 SCSA Budget, Engineering Department budget, as a shared expense.
Next Steps
Once approved, Stadium Manager will forward a copy of the executed amendments to the SCSA.
The following documents are attached:
Docusign Envelope ID: 0D76CF89-518D-44FC-81D1-3B5D32DE4590
1. Proposed amendment with ACCO Engineered Systems, Inc., to extend the term for one year from 9/7/25 through 9/6/26 with a not to exceed compensation amount of $250,000.
2. Proposed amendment with O.C. McDonald Co., Inc., to extend the term for one year from 9/7/25 through 9/6/2026 for a not to exceed compensation amount of $250,000.
Submitted By: _____________________________ Date: _____________ Francine Melendez Hughes, Executive Vice President and General Manager Docusign Envelope ID: 0D76CF89-518D-44FC-81D1-3B5D32DE4590 6/13/2025
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
25-820 Agenda Date: 8/19/2025
REPORT TO COUNCIL
SUBJECT
Public Hearing: Action on a Resolution of Necessity to Acquire Certain Real Property Interests on 3508, 3520, 3530, 3540, and 3550 Bassett Street, Santa Clara, California, from the Owner of Record for Purposes of Implementing the Silicon Valley Power 115kV Transmission Line Project
COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure
BACKGROUND
To support the growing electric demand and service needs within the City of Santa Clara (City), Silicon Valley Power (SVP) has identified the need for the construction of a 115-kilovolt (kV) transmission line connecting the Northern Receiving Station (NRS) and the Kifer Receiving Station (KRS) (the “Project”). This new transmission line will enable SVP to transfer additional power, balance electric loads across the City’s three receiving stations, and enhance overall system reliability.
After evaluating three potential transmission routes, the City Council approved the preferred route on November 12, 2024 (RTC #24-1040), an overhead alignment along Lafayette Street, Bassett Street, and Duane Avenue. The route was selected based on its overall feasibility, least impact to residents and businesses, permitting constraints, ability to meet the schedule, flexibility in power delivery, ease of maintaining the system, and reduced construction disruption to the public as compared to the other alternatives.
The City Council has previously taken several actions on the Project:
· March 19, 2024 - RTC #24-1614 - Informational Report
· November 12, 2024 - RTC #24-1040 - Action on a Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) and Route Approval for the Project o Approved the Adoption of a MND and the MMRP.
o Approval of Route A, Option 1, for an entirely overhead alignment of the new 115kV transmission line.
· February 25, 2025 - RTC #25-212 - Authority to Execute Purchase and Sale Agreements (PSAs) for Easement Acquisitions
Other actions taken for this Project include two virtual community meetings held on April 25, 2024, and May 23, 2024, as well as an in-person public engagement meeting held on August 22, 2024, to present and take comments from the community on the transmission line route.
City of Santa Clara Page 1 of 4 Printed on 8/14/2025
powered by Legistar™
25-820 Agenda Date: 8/19/2025
The Project requires the acquisition of twenty (20) easements for SVP’s electrical facilities. Property owners have executed purchase and sale agreements for five of the required easements and another four are currently in the process of being executed. The City Council adopted two resolutions of necessity on June 24, 2025, and one resolution of necessity on July 8, 2025, for three other easements.
The City requires five easements on 3508, 3520, 3530, 3540, and 3550 Bassett Street, Santa Clara, California. There is unity of title; contiguity of the parcels; and unity of use between and among 3508, 3520, 3530, 3540, and 3550 Bassett Street, Santa Clara, CA 95054, all of which are part of the same campus. The five (5) easements located on 3508, 3520, 3530, 3540, and 3550 Bassett Street, Santa Clara, California (Easement Area), comprise approximately 18,500 square feet of property as more fully described in the Resolution of Necessity, attached to this Report to Council.
DISCUSSION
On August 8, 2024, the City conducted an appraisal of the Easement Area and, subsequently, sent an offer for the Easement Area to the property owner on November 13, 2024. After the initial offer letter was sent to the property owner, the City’s right-of-way agents maintained consistent communication with the landowner. Although discussions progressed, the property owner's counteroffer, submitted on May 13, 2025, stated that they agreed to our Appraiser's land value for a “fee simple” interest at $80 per square foot, however they valued the easement interest proposed for acquisition at 95% of this amount rather than 25% of the fee simple land value which is consistent with the valuation matrix for air rights with minimal effect on the use and utility of the land located within a setback that the owner had referenced in their request. SVP declined the counteroffer on May 30, 2025. At present, both parties have not reached agreement on what constitutes fair market value for the easement.
City acquisition of the Easement Area is necessary for the Project and City’s reasonable efforts to acquire it through negotiations have not been successful and the property owner has not accepted the City’s offer. Therefore, it has become necessary for the City to acquire the Easement Area through the eminent domain process. At this point, in order to proceed with acquisition of the Easement Area under the eminent domain process, the law requires the City Council to hold a public hearing, consider all testimony presented and, in the Council’s discretion, adopt a Resolution of Necessity making certain findings. These findings, along with the factual basis necessary to make the findings, are set forth below:
· The public interest and necessity require the Project.
The completion of the Project is one of the key projects that are needed to increase SVP’s system capacity to approximately 1300-megawatt (MW). Until the Project is completed, SVP’s system capacity will be limited to 819MW. This is insufficient to meet projected electric loads within the City. This Project will enable SVP to transfer additional power, balance electric loads across the City’s three receiving stations, and enhance overall system reliability. · The Project is planned or located in the manner that will be the most compatible with the greatest public good and the least private injury.
The SVP evaluation team for the Project consisted of internal SVP staff, design and environmental engineering consultants, and program management staff. The SVP evaluation team conducted a comprehensive analysis and evaluation, employing various methodologies such as potholing and GPR surveys. This in-depth assessment took into consideration SVP’s City of Santa Clara Page 2 of 4 Printed on 8/14/2025
powered by Legistar™
25-820 Agenda Date: 8/19/2025
load growth and system planning projections, schedule, cost estimation, required easements and permits, and engineering judgment. The goal was to determine feasible route alignments, identify a preferred route, and explore potential overhead and underground options within the preferred route. The findings favored the preferred route for the Project which is the alloverhead option set forth in Attachment 2 of RTC #24-1614. The Project alignment chosen will be achieved at less cost, be delivered more quickly, and will impact less residents and businesses than the other considered alignments.
· The Easement Area sought to be acquired is necessary for the Project.
The Easement Area is necessary to achieve the technical needs of the Project as it is within the alignment of the selected route. The majority of the route will be built within the public right -of-way; however, the Easement Area adjacent to the right-of-way is required for maintenance purposes and to ensure the proper electrical conductor clearances are met. The Easement Area also needs to take into account the necessary clearances from the blow out or sway of the electrical conductors.
· The offer required by Section 7267.2 of the Government Code has been made to the owner of record for the full amount established as the fair market value of the Easement Area.
On November 13, 2024, the City made an offer to the Owner of Record to acquire the Easement Area for an electric overhead easement upon the value determined by an independent state licensed and certified appraiser in accordance with the above referenced Government Code Section.
The Resolution of Necessity requires approval by a two-thirds vote of the City Council. If the City Council adopts the recommended Resolution of Necessity, the City will deposit the necessary funds for the Easement’s probable compensation with the State Condemnation Deposit Fund and file an eminent domain complaint with the Santa Clara County Superior Court to seek possession of the property.
As always, the parties can continue to negotiate in an effort to come to a mutual agreement on compensation for the easement, including any compensation due for furniture, fixtures, and equipment, and any loss of business goodwill.
ENVIRONMENTAL REVIEW
The Mitigated Negative Declaration (MND) and Mitigation and Reporting Program (MMRP) were prepared for the Project in conformance with CEQA. These documents and Notice of Availability were posted on the City’s website at http://www.santaclaraca.gov/ceqa and circulated for 30-day review from July 31, 2024, to August 30, 2024.
The MND examined environmental impacts associated with the Project. The MND identified potentially significant impacts to air quality, biological, cultural resources, geology and soils, hazards and hazardous materials, hydrology and water, noise, and traffic/transportation. However, the MND and MMRP incorporates mitigation measures to reduce the potentially significant impacts to less-than -significant.
The MND and MMRP were adopted by the City Council on November 12, 2024, by Resolution No. 24 -9386.
City of Santa Clara Page 3 of 4 Printed on 8/14/2025
powered by Legistar™
25-820 Agenda Date: 8/19/2025
FISCAL IMPACT
There is no fiscal impact to the City for adopting the action on a Resolution of Necessity to acquire certain real property interests on 3508, 3520, 3530, 3540, and 3550 Bassett Street, Santa Clara, California, from the Owner of Record other than administrative staff time and expense. The anticipated easement costs for the Project are currently budgeted within the Electric Utility Capital Fund.
COORDINATION
This report has been coordinated with the Finance Department and the City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] or at the public information desk at any City of Santa Clara public library.
Additionally, on July 23, 2025, a letter (attached) was mailed to the property owner, as verified on the Title Report. The letter included notification of the public hearing and consideration of a Resolution of Necessity. A Notice of Intention to Adopt a Resolution of Necessity stating that the hearing before City Council is scheduled for August 19, 2025, and Request to be Heard documentation were also included as attachments to the letter.
ALTERNATIVES
1. Adopt a Resolution of Necessity to Acquire Certain Real Property Interests.
2. Do not adopt a Resolution of Necessity.
RECOMMENDATION
Adopt a Resolution of Necessity Making the Required Findings to Acquire Certain Real Property Interests on 3508, 3520, 3530, 3540, and 3550 Bassett Street, Santa Clara, California, from the Owner of Record for Purposes of Implementing the Silicon Valley Power 115kV Transmission Line Project (Five affirmative votes required [California Code of Civil Procedure section 1245.245]).
Reviewed by: Nico Procos, Director of Silicon Valley Power Approved by: Jovan D. Grogan, City Manager
ATTACHMENTS
1. 3508, 3520, 3530, 3540, and 3550 Bassett St, November 13, 2024, Offer Letter
2. Resolution of Necessity
3. 3508, 3520, 3530, 3540, and 3550 Bassett St, Notice of Intention to Adopt Resolution of Necessity City of Santa Clara Page 4 of 4 Printed on 8/14/2025
powered by Legistar™
~ SILICON
~ VALLEY
POWER. rt TY Of S/IIHA CLAM
~ The Center of What's Possible
July 23, 2025
HGIT Bassett Campus LP
2800 Post Oak Blvd. Ste 2800
Houston, TX, 77056
Re: NRS-KRS 115kV Transmission Line Project
Property Address: 3508 Bassett Street, Santa Clara, CA 95054 APN: 104-15-128
Dear Sir/Madam:
As you know, the City of Santa Clara ("City") has approved plans to construct its new 115 kilovolt (kV) overhead transmission line from the Northern Receiving Station (NRS) to Kifer Receiving Station (KRS) Project ("Project"). In order to construct the Project, the City requires an overhead electric easement from you at the property located at 3508 Bassett Street, Santa Clara, CA 95054 ("Property'').
We have not come to an agreement for a voluntary sale of these easement rights; therefore, the City Council will hold a hearing and consider adopting a Resolution of Necessity. If adopted, the Resolution of Necessity functions as a declaration that public use and necessity requires the acquisition of an overhead electric easement on the Property for the Project. To that end, please find enclosed a Notice of Intention to Adopt Resolution of Necessity, stating that the hearing before the City Council is scheduled for August 19, 2025. If you wish to appear at the hearing and address the City Council, please complete the enclosed Request to be Heard and return it to the City Clerk in advance of the hearing.
Sincerelyl
Nico Procos
Director of Silicon Valley Power
1500 Warb1;rton Avenue Santa Clara CA 95050 • 408-615-6600 Fax 408-249-02 l 7 • www sillconvalleypow~r com
CITY OF SANTA CLARA NOTICE OF INTENTION
TO ADOPT RESOLUTION OF NECESSITY TO ACQUIRE
REAL PROPERTY INTEREST FOR NRS~KRS 115KV TRANSMISSION LINE
PROJECT
YOU ARE HEREBY NOTIFIED, pursuant to Section 1245.235 of the California Code of Civil Procedure, that the City of Santa Clara intends to consider adoption of a Resolution of Necessity to Condemn Interest in Real Property for a new 115 kilovolt (kV) ovefhead transmission line from the Northern Receiving Station (NRS) to Kifer Receiving Station (KRS) Project (Project). The interest to be acquired is an Overhead Electric Easement as described and depicted in Exhibit A and Exhibit B.
NOTICE IS FURTHER GIVEN, that on August 19, 2025 at 7:00 p.m. or as soon thereafter as the matter can be heard, at the City Council Chambers, City Hall, 1500 Warburton Ave. Santa Clara, California, the City Council will hear all protests in relation to the adoption of the proposed Resolution of Necessity authorizing the filing of eminent domain proceedings for the acquisition of the Overhead Electric Easement as described above.
At said hearing, the City Council may establish the following:
1. The public interest and necessity require the Project.
2. The Project is planned or located in the manner that will be the most compatible with the greatest public good and the least private injury.
3. The property sought to be acquired is necessary for the Project.
4. The environmental review required by law has been prepared and adopted.
5. The offer required by Section 7267.2 of the Government Code has been made to the owner(s) of record for the full amount established as the fair market value of the property.
YOU ARE HEREBY NOTIFIED that you may appear at the hearing and be heard on Items 1, 2, 3, 4, and 5 above only. If you wish to appear and be heard on these matters, please submit a written request within fifteen days of the date of mailing of this notice. Please direct any such requests to:
City Clerk
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
The enclosed "Request to be Heard" form may be used which is attached hereto as Exhibit C. Failure to file a written request to appear and be heard within fifteen days SCLA-56S98\2334874.1
after the mailing of this Notice may result in a waiver of your right to be heard. (California Code of Civil Procedure Section 1245.235(b)(3).) Sincerelyr
Nico Procos
Director of Silicon Valley Power
SCIA-56598\2334874.l
DESCRIPTION:
EXHIBIT A
EXHIBIT "A"
OVERHEAD ELECTRIC EASEMENT ACROSS:
HGIT BASSETT CAMPUS LP
3508 BASSETT ST.
SANTA CLARA, CALIFORNIA 95054
APN: 104-15-128
EASEMENT AREA: 3,800 SQ.FT. ±
SVP REF:
The easterly 15.00 feet of the parcel of land conveyed in that certain Grant Deed recorded August 31, 2020 as Document No. 24594958, in the Office of the Recorder of Santa Clara County (ORSCC), herein after referred to as the Grantor's Parcel, located in the City of Santa Clara, County of Santa Clara. State of California, described as follows:
COMMENCING at a monument located at the centerline intersection of Bassett Street and Wyatt Drive; thence South 27°24'00~ East 1,706.01 feet along the centerline of said Bassett Street to a monument located at the centerline intersection of said Bassett Street and Norman Avenue; thence South 27°24'00" East 1,308.49 feet continuing along said centerline (as shown on Page 2 of this Exhibit); thence South 62°36'00" West 30.00 feet to the westerly right-of-way of said Bassett Street and the POINT OF BEGINNING; thence South 27°24'00" East 250.07 feet along said westerly right-of-way to the southerly line of said Grantor's Parcel; thence South 62°37'40" West 15.00 along said southerly line; thence North 27°24'00" West 250.06 feet to the northerly line of said Grantor's Parcel; thence North 62°36'24" East 15.00 along said northerly line to the POINT OF BEGINNING.
CONTAINING: 3,800 sq. ft., more or less.
THIS OIIAWIN(i S'10\JI.O BE USED ONL y AS ,. REPRESE"1",. TI0f,j OF ™E LOCA TlON OF THE EASEMENT BEING <:OINEYEO Tl1E e,c,.cr LOCATION OF ALL STl'IUCTLRES, LINES AHO APPURTENANCES IS SUEIJECT 10 CHANG£ WITHIN TliE BOIJNDAAlES OF TliE RIGKT OF W,.V HEREIN CAAN?l!D
HGIT BASSETT CAMPUS LP
APN: 104-15-128
3508 BASSETT ST.
SANTA CLARA, CALIFORNIA 95054 SHEET: 1 of2
SCLA•S6598\2334874,l
EXHIBIT "A"
OVERHEAD ELECTRIC EASEMENT ACROSS:
SCALE FEET
0 eo
LEGEND
HGIT BASSETT CAMPUS LP
3508 BASSETT ST.
SANT A CLARA, CALIFORNIA 95054
APN: 104-15-128
EASEMENT AREA: 3,800 SQ.FT. ±
o"' ... ~~----
CLMON
BASSETT STREET
WYATT DRIVE
.. ~E,
~►·---- •fr
CL MON
BASSETT STREET
NORMAN AVENUE
OJECT I.D. 15
HGIT BASSETT CAMPUS LP
APN: 104-15-128
1 _______ 1EASEMENTAREA
-_:::-_-_-_ ROADWAY PLATTED CENTERLINE
1---~ POWERUNE REFERENCE LINE
~ FOUND SURVEY MONUMENT
•
SVP REF:
j
I
\
n<IS DAAWll,G SHOIJLO BE USED ONI. Y AS />. REPRESENT/>. TION OF THE LOCA TIOH OF THE E/>.SEl,!ENT BEING CONVEY'E O n<E EXACT LOCATION OF />.LL .STJIUCT\JRES.
LINE.$ />.NO .u>!>(JRTEN,1.NCES 1$ SUBJECT TO CHANGE WITHIN THE IIOUNOAAJES OF Tl<E RIGtfl OF WAY HEREIN Giu.NTEO SCALE: 1•: 80'
UHTIICAl
COIUlTUH llt
HGIT BASSETT CAMPUS LP
APN: 104-15-128
3508 BASSETT ST. SALT LAKE CITY, UTAH SANTA CLARA, CALIFORNIA 95054 SHEET:2of2 SCLA-56598\233487 4.1
EXHIBIT B
Exhibit A Description
[i] a 3,800 square foot permanent Easement in, on, over, along and across the real property described and depicted in Exhibit "A" ("Easement Area") for the purpose of constructing and reconstructing, installing, operating, inspecting, maintaining, repairing, removing and/or replacing overhead electrical transmission, distribution and/or communication systems, and appurtenances thereto, including a reasonable right of ingress and egress over adjoining lands of fee owner. In exercising said right of ingress and egress, easement holder shall, wherever practical, use existing roads and lanes across lands of fee owner, if such there be, and if not, by such route or routes as shall result in the least practicable inconvenience to fee owner and any occupants of fee owner's property.
The overhead system will consist of poles, wire supports, wires and conductors suspended from pole to pole, transformers and other equipment mounted on the poles, anchors, guy attachments, and other appurtenances.
Portions of the Easement Area may be used by the fee owner for driveway(s), landscaping (excluding trees), and parking, as will not interfere with the easement holder's use of the Easement. Any other use of the Easement Area by fee owner shall be subject to easement holder's express written consent and only after easement holder's review of plans and specifications and determination that such use will not interfere with its use of the Easement. Easement holder may trim any trees or remove any tree or structure which are in or adjacent to the Easement Area which, in easement holder's reasonable determination, interferes with its use of the Easement. Easement holder may trim any trees or remove any tree which is in or adjacent to the Easement Area which exceeds a height of 20 feet or poses a risk of falling onto the easement holder's facilities or equipment located within the Easement.
SCLA-56598\2334874-.l
EXHIBIT C
REQUEST TO BE HEARD
Date: ____ ,, 2025
To: Nora Pimentel, Assistant City Clerk
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Dear Sir/Madam:
The undersigned hereby requests the opportunity to be heard on the City of Santa Clara's Notice of Intention to Adopt Resolution of Necessity to Condemn Real Property, set for the agenda of August 19, 2025.
SCI..A-56598\2334874.l
Sincerely,
Signed:
Print Name:
Address:
.~ SIUCON
~,VALLEY
POWER. CJTY OF SAHTA CIARA
~ The Center of What's Possible
July 23, 2025
HGIT Bassett Campus LP
2800 Post Oak Blvd. Ste 2800
Houston, TX, 77056
Re: NRS·KRS 11 SkV Transmission Line Project
Property Address: 3520 Bassett Street, Santa Clara, CA 95054 APN: 104-15-134
Dear Sir/Madam:
As you know, the City of Santa Clara ("City") has approved plans to construct its new 115 kilovolt (kV) overhead transmission line from the Northern Receiving Station (NRS) to Kifer Receiving Station (KRS) Project ("Project"). In order to construct the Project, the City requires an overhead electric easement from you at the property located at 3520 Bassett Street, Santa Clara, CA 95054 ("Property").
We have not come to an agreement for a voluntary sale of these easement rights; therefore, the City Council will hold a hearing and consider adopting a Resolution of Necessity. If adopted, the Resolution of Necessity functions as a declaration that public use and necessity requires the acquisition of an overhead electric easement on the Property for the Project. To that end, please find enclosed a Notice of Intention to Adopt Resolution of Necessity, stating that the hearing before the City Council is scheduled for August 19, 2025. If you wish to appear at the hearing and address the City Council, please complete the enclosed Request to be Heard and return it to the City Clerk in advance of the hearing.
Sincerely,
Nico ~ Procos
Director of Silicon Valley Power
1500 Warbt1rtori Avenue Santa Clara CA 95050 • 408-615-6600 Fax 408-249-0217• www_siliconvalleypower corn
CITY OF SANTA CLARA NOTICE OF INTENTION
TO ADOPT RESOLUTION OF NECESSITY TO ACQUIRE
REAL PROPERTY INTEREST FOR NRS-KRS 11 SKV TRANSMISSION LINE
PROJECT
YOU ARE HEREBY NOTIFIED, pursuant to Section 1245.235 of the California Code of Civil Procedure, that the City of Santa Clara intends to consider adoption of a Resolution of Necessity to Condemn Interest in Real Property for a new 115 kilovolt (kV) overhead transmission line from the Northern Receiving Station (NRS) to Kifer Receiving Station (KRS) Project (Project). The interest to be acquired is an Overhead Electric Easement as described and depicted in Exhibit A and Exhibit B.
NOTICE IS FURTHER GIVEN, that on August 19, 2025 at 7:00 p.m. or as soon thereafter as the matter can be heard, at the City Council Chambers, City Hall, 1500 Warburton Ave. Santa Clara, California, the City Council will hear all protests in relation to the adoption of the proposed Resolution of Necessity authorizing the filing of eminent domain proceedings for the acquisition of the Overhead Electric Easement as described above.
At said hearing, the City Council may establish the following:
1. The public interest and necessity require the Project.
2. The Project is planned or located in the manner that will be the most compatible with the greatest public good and the least private injury.
3. The property sought to be acquired is necessary for the Project.
4. The environmental review required by law has been prepared and adopted.
5. The offer required by Section 7267 .2 of the Government Code has been made to the owner(s) of record for the full amount established as the fair market value of the property.
YOU ARE HEREBY NOTIFIED that you may appear at the hearing and be heard on Items 1, 2, 3, 4, and 5 above only. If you wish to appear and be heard on these matters, please submit a written request within fifteen days of the date of mailing of this notice. Please direct any such requests to:
City Clerk
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
The enclosed "Request to be Heard" form may be used which is attached hereto as Exhibit C. Failure to file a written request to appear and be heard within fifteen days SClA-56598\2334874.1
after the mailing of this Notice may result in a waiver of your right to be heard. (California Code of Civil Procedure Section 1245.235(b)(3).) Sincerely,
?/2
Nico Procos
Director of Silicon Valley Power
SCLA-56598\2334874.1
DESCRIPTION:
EXHIBIT A
EXHIBIT "A"
OVERHEAD ELECTRIC EASEMENT ACROSS:
HGIT BASSETT CAMPUS LP
3520 BASSETT ST.
SANTA CLARA, CALIFORNIA 95054
APN: 104-15-134
EASEMENT AREA: 3,900 SQ.FT. ±
SVP REF:
The easterly 15.00 feet of the parcel of land conveyed in that certain Grant Deed recorded August 31, 2020 as Document No. 24594958, in the Office of the Recorder of Santa Clara County (ORSCC ), herein after referred to as the Grantor's Parcel, located in the City of Santa Clara, County of Santa Clara, State of California, described as follows:
COMMENCING at a monument located at the centerline intersection of Bassett Street and Wyatt Drive; thence South 27°24'00"' East 1,706.01 feet along the centerline of said Bassett Street to a monument located at the centerline intersection of said Bassett Street and Norman Avenue; thence South 27"24'00" Easl 1,051 .80 feet continuing along said centerline (as shown on Page 2 of this Extiibit); thence South 62"36'00" West 30.00 feet to the westerly right-of-way of said Bassett Street and the POINT OF BEGINNING; thence South 27°24'00" East 256.69 feet along said westerly right-of-way to the southerly line of said Grantor's Parcel; thence South 62°36'24" West 15.00 along said southerly line: thence North 27°24'00"' West 256.69 feet to the northerly line of said Grantor's Parcel; thence North 62°36'00" East 15.00 along said northerly line to the POINT OF BEGINNING.
CONTAINING: 3,900 sq. ft., more or less.
• THIS DFU-WING SHDIJlD 8E USED ONLY AS A REPRE~Nl"ATION 0• lHE LOCIITION OF THE E"5EMEN1" l!-El~G CO,NEYEO Tl<E EXACT LOC-'TION OF ALL STJIUCT\IRES.
WNES ANO ,.PPURTENAAces ,s Sl/8JEC1 TO CHANGE WITHIN TI<E BOU~OARIES Of lHE RIGHT OF WAY HEREIN CIW<TED SCALE: NIA
l
UCTIICAl
UlllllU llt
HGIT BASSETT CAMPUS LP
APN: 104-15-134
3520 BASSETT ST.
SANTA CLARA, CALIFORNIA 95054 SHEET: 1 of2
SCLA-56598\2334874.l
SCAlE
EXHIBIT "A"
OVERHEAD ELECTRIC EASEMENT ACROSS:
HGIT BASSETT CAMPUS LP
3520 BASSETT ST.
SANTA CLARA, CALIFORNIA 95054
APN: 104-15-134
EASEMENT AREA: 3,900 SQ.FT. r
of.
..rt~~-
CLMON
BASSETT STREET
WYATT DRIVE
,ai. ~,.,'(\,_,,
"~ CL MON
BASSETT STREET
NORMAN AVENUE
/ N~"36'00" E
15.00'
.
PROJECT I.D. 14
HGIT BASSETT CAMPUS LP
APN: 104•15•134
LEGEND
•• ~ ______ _.I EASEMENT AREA
-===== ROADWAY PLATTED CENTERLINE ~ POWERLINE REFERENCE LINE ---..:,r FOUNO SURVEY MONUMENT
SVP REF:
\
n<IS OAAW!NG SHOULD 8£ USED ONLY J.S A REPRESENT A nON OF n<E L0CA nON OF Tl<E EASEMENT 8EING CONVEYED l><E EXACHOCA TION OF ALL STRUCTIJRES, LINES AND .-Pl'URTENANCES IS SUBJECT TO CHANGE Wll><IN THE 80UNOARIES OF Tl<E RIGHT OF WAY HEREIN GRANTED HHJIICAl
COIUlJUll llt
SALT LAKE CITY, UTAH
SCIA-56598\2334874.1
SCALE: 1" = 80'
HGIT BASSETT CAMPUS LP
APN: 104-15-134
3520 BASSETT ST.
SANTA CLARA, CALIFORNIA 95054
BV·GAB CHK: GH APP· JJC
S11.1 < >t--:
\!,\LI f't
p \ CR
SHEET: 2of 2
EXHIBIT B
Exhibit A Description
(i] a 3,900 square foot permanent Easement in, on, over, along and across the real property described and depicted in Exhibit "A" ("Easement Area") for the purpose of constructing and reconstructing, installing, operating, inspecting, maintaining, repairing, removing and/or replacing overhead electrical transmission, distribution and/or communication systems, and appurtenances thereto, including a reasonable right of ingress and egress over adjoining lands of fee owner. In exercising said right of ingress and egress, easement holder shall, wherever practical, use existing roads and lanes across lands of fee owner, if such there be, and if not, by such route or routes as shall result in the least practicable inconvenience to fee owner and any occupants of fee owner's property.
The overhead system will consist of poles, wire supports, wires and conductors suspended from pole to pole, transformers and other equipment mounted on the poles, anchors, guy attachments, and other appurtenances.
Portions of the Easement Area may be used by the fee owner for driveway(s), landscaping (excluding trees), and parking, as will not interfere with the easement holder's use of the Easement. Any other use of the Easement Area by fee owner shall be subject to easement holder's express written consent and only after easement holder's review of plans and specifications and determination that such use will not interfere with its use of the Easement. Easement holder may trim any trees or remove any tree or structure which are in or adjacent to the Easement Area which, in easement holder's reasonable determination, interferes with its use of the Easement. Easement holder may trim any trees or remove any tree which is in or adjacent to the Easement Area which exceeds a height of 20 feet or poses a risk of falling onto the easement holder's facilities or equipment located within the Easement.
SClA-56598\2334874.1
Date: --- - - 2025
EXHIBIT C
REQUEST TO BE HEARD
To: Nora Pimentel, Assistant City Clerk
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Dear Sir/Madam:
The undersigned hereby requests the opportunity to be heard on the City of Santa Clara's Notice of Intention to Adopt Resolution of Necessity to Condemn Real Property, set for the agenda of August 19, 2025.
SClA-56598\2334874.1
Sincerely,
Signed:
Print Name:
Address:
-~ SILICON
~ V ALLEY
PovvER. Cll"I' Of<iAl<TA CIAM
~ The Center of What's Possible
July 23, 2025
HGIT Bassett Campus LP
2800 Post Oak Blvd. Ste 2800
Houston, TX, 77056
Re: NRS-KRS 11 SkV Transmission Line Project
Property Address: 3530 Bassett Street, Santa Clara, CA 95054 APN: 104-15-133
Dear Sir/Madam:
As you know, the City of Santa Clara ("City") has approved plans to construct its new 115 kilovolt (kV) overhead transmission line from the Northern Receiving Station (NRS) to Kifer Receiving Station (KRS) Project ("Project"). In order to construct the Project, the City requires an overhead electric easement from you at the property located at 3530 Bassett Street, Santa Clara, CA 95054 ("Property").
We have not come to an agreement for a voluntary sale of these easement rights; therefore, the City Council will hold a hearing and consider adopting a Resolution of Necessity. If adopted, the Resolution of Necessity functions as a declaration that public use and necessity requires the acquisition of an overhead electric easement on the Property for the Project. To that end, please find enclosed a Notice of Intention to Adopt Resolution of Necessity, stating that the hearing before the City Council is scheduled for August 19, 2025. If you wish to appear at the hearing and address the City Council, please complete the enclosed Request to be Heard and return it to the City Clerk in advance of the hearing.
Sincerely,
q~
Nico Procos
Director of Silicon Valley Power
I 500 Warburton Avenue Santa Clara. CA 95050 • 408-615-6600 · Fax '108-249-02.17 • www siHconvalleypower com
CITY OF SANTA CLARA NOTICE OF INTENTION
TO ADOPT RESOLUTION OF NECESSITYTO ACQUIRE
REAL PROPERTY INTEREST FOR NRS-KRS 115KV TRANSMISSION LINE
PROJECT
YOU ARE HEREBY NOTIFIED, pursuant to Section 1245.235 of the California Code of Civil Procedure, that the City of Santa Clara intends to consider adoption of a Resolution of Necessity to Condemn Interest in Real Property for a new 115 kilovolt (kV) overhead transmission line from the Northern Receiving Station (NRS) to Kifer Receiving Station (KRS) Project (Project). The interest to be acquired is an Overhead Electric Easement as described and depicted in Exhibit A and Exhibit B.
NOTICE IS FURTHER GIVEN, that on August 19, 2025 at 7:00 p.m. or as soon thereafter as the matter can be heard, at the City Council Chambers, City Hall, 1500 Warburton Ave. Santa Clara, California, the City Council will hear all protests in relation to the adoption of the proposed Resolution of Necessity authorizing the filing of eminent domain proceedings for the acquisition of the Overhead Electric Easement as described above.
At said hearing, the City Council may establish the following:
1. The public interest and necessity require the Project.
2. The Project is planned or located in the manner that will be the most compatible with the greatest public good and the least private injury.
3. The property sought to be acquired is necessary for the Project.
4. The environmental review required by law has been prepared and adopted.
5. The offer required by Section 7267.2 of the Government Code has been made to the owner(s) of record for the full amount established as the fair market value of the property.
YOU ARE HEREBY NOTIFIED that you may appear at the hearing and be heard on Items 1, 2, 3, 4, and 5 above only. If you wish to appear and be heard on these matters, please submit a written request within fifteen days of the date of mailing of this notice. Please direct any such requests to:
City Clerk
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
The enclosed 11Request to be Heard'' form may be used which is attached hereto as Exhibit C. Failure to file a written request to appear and be heard within fifteen days SCI.A-56598\2334874.1
after the mailing of this Notice may result in a waiver of your right to be heard. (California Code of Civil Procedure Section 1245.235(b)(3).) Sincerely,
Nico Procos
Director of Silicon Valley Power
SClA-S6S98\2334874. l
DESCRIPTION:
EXHIBIT A
EXHIBIT "A"
OVERHEAD ELECTRIC EASEMENT ACROSS:
HGIT BASSETT CAMPUS LP
3530 BASSETT ST.
SANTA CLARA, CALIFORNIA 95054
APN: 104-15-133
EASEMENT AREA: 3,900 SQ.FT. ±
SVP REF:
The easterly 15.00 feet of the parcel of land conveyed in that certain Grant Deed recorded August 31, 2020 as Document No. 24594958, in the Office of the Recorder of Santa Clara County (ORSCC), herein after referred to as the Grantor's Parcel, located in the City of Santa Clara, County of Santa Clara, State of California, described as follows:
COMMENCING at a monument located at the centerline intersection of Bassett Street and Wyatt Drive: thence South 27"24'00" East 1,706.01 feet along the centerline of said Bassett Street to a monument located at the centerline intersection of said Bassett Street and Norman Avenue; thence South 27°24'00" East 795.11 feet continuing along said centerline (as shown on Page 2 of this Exhibit); thence South 62°36'00" West 30.00 feet to the westerly right-of-way of said Bassett Street and the POINT OF BEGINNING; thence South 27°24'00" East 256.68 feet along said westerly right-of-way to the southerly line of said Grantor's Parcel; thence South 62°36'00" West 15.00 along said souther1y line; thence North 27"24'00" West 256.60 feet to the northerly line of said Grantor's Parcel; thence North 62°17'06" East 15.00 along said northerly line to the POINT OF BEGINNING.
CONTAINING: 3,900 sq. ft., more or less.
I THIS llRAl'AI\IG 5 ,.0l;lO Bf USED ONLY AS I\REPIIESE!ffATION OF'THE lo<:ATION OF THE EASEMENT BEING CONVf.YEO. l><E EMCT LOCI\TION OF All STRUCTURES, u~es .. ,o APPIJRnAAHCES ,s S\JBJECT TO Cl<M~ Wil'HN THE BOO~OAAJES Of Tl<E RIGHT OF WAY HEREIN GRANTED REV: 0 DATE: 2-7-25 SCALE: N/A BY:GAB CHK: GHH APP: JJC t l.t CT 11 C 'l HGIT BASSETT CAMPUS LP s,u . ' ' ft APN: 104-15-133 \!..\L LEY COUllUlll llt 3530 BASSETT ST. p \VER tl'TV Of 'Y'ITA CLAR.A SANTA CLARA, CALIFORNIA 95054 SAlT LAKE CITY, UTAH
SHEET: 1 of2
SCLA-56598\;1334874.1
SCAIF
6 CTJ J,
EXHIBIT "A"
OVERHEAD ELECTRIC EASEMENT ACROSS:
HGIT BASSETT CAMPUS LP
3530 BASSETT ST.
SANTA CLARA, CALIFORNIA 95054
APN: 104-15-133
EASEMENT AREA: 3,900 SQ.FT. t
0 ..
~•<'.,., ~CLMON
BASSETT STREET
1/1/Y A TT DRIVE
►"~ ~►"✓ "~ CL MON
BASSETT STREET
NORMAN AVENUE
. l
B
S 62°36'00" W
0.00' (TIE)
S 62°17'06" W \
/ 15.00' •
~
\
'!A
\
PROJECT I.D. 1 3
HGIT BASSETT CAMPUS LP
APN= 104-15-133
LEGEND
1 _______ 1EASEMENTAREA
- ::::: ROADWAY PLA TTEO CENTERLINE
~ POWERLINE REFERENCE LINE
,_,,- FOLINO SURVEY MONUMENT
SVP REF:
\
\
TtilS DRAWING St10Ul0 BE USED ONLY I'S A REPRESENT~TION OF THE lOCAIION OF IHE EASEMENT BEING CONVEYED THE EXACT lOCATION Of All STRUCTURES.
LlN£S ANO APPURIENANCES IS SUBJECT 10 CHANGE WITHIN THE 80UNOAAIES OF !HE RIGHT OF WAY tiERE IN GRANTED SCALE: 1·: 80"
HHTIICAl
COUIIIUU llt
HGIT BASSETT CAMPUS LP
APN: 104-15-133
3530 BASSETT ST. SALT U.KE CITY, UTAH SANTA CLARA, CALIFORNIA 95054 SHEET: 2 of 2 SCLA-56598\2334874.l
EXHIBIT'B
Exhibit A Description
[i] a 3,900 square foot permanent Easement in, on, over, along and across the real property described and depicted in Exhibit "A" ("Easement Area") for the purpose of constructing and reconstructing, installing, operating, inspecting, maintaining, repairing, removing and/or replacing overhead electrical transmission, distribution and/or communication systems, and appurtenances thereto, including a reasonable right of ingress and egress over adjoining lands of fee owner. In exercising said right of ingress and egress, easement holder shall, wherever practical, use existing roads and lanes across lands of fee owner, if such there be, and if not, by such route or routes as shall result in the least practicable inconvenience to fee owner and any occupants of fee owner's property.
The overhead system will consist of poles, wire supports, wires and conductors suspended from pole to pole, transformers and other equipment mounted on the poles, anchors, guy attachments, and other appurtenances.
Portions of the Easement Area may be used by the fee owner for driveway(s), landscaping (excluding trees), and parking, as will not interfere with the easement holder's use of the Easement. Any other use of the Easement Area by fee owner shall be subject to easement holder's express written consent and only after easement holder's review of plans and specifications and determination that such use will not interfere with its use of the Easement. Easement holder may trim any trees or remove any tree or structure which are in or adjacent to the Easement Area which, in easement holder's reasonable determination, interferes with its use of the Easement. Easement holder may trim any trees or remove any tree which is in or adjacent to the Easement Area which exceeds a height of 20 feet or poses a risk of falling onto the easement holder's facilities or equipment located within the Easement.
SCI.A-56598\2334874,1
Date: _____ , 2025
EXHIBITC
REQUEST TO BE HEARD
To: Nora Pimentel, Assistant City Clerk
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Dear Sir/Madam:
The undersigned hereby requests the opportunity to be heard on the City of Santa Clara's Notice of Intention to Adopt Resolution of Necessity to Condemn Real Property, set for the agenda of August 19, 2025.
SCtA-56598\2334874. l
Sincerely,
Signed:
Print Name:
Address;
..A.5ILICON
~ \/,\LLEY
POWER.
~ The Center of What's Possible
July 23, 2025
HGIT Bassett Campus LP
2800 Post Oak Blvd. Ste 2800
Houston, TX, 77056
Re: NRS~KRS 115kV Transmission Line Project
Property Address: 3540 Bassett Street, Santa Clara, CA 95054 APN: 104-15-132
Dear Sir/Madam:
As you know, the City of Santa Clara ("City") has approved plans to construct its new 115 kilovolt (kV) overhead transmission line from the Northern Receiving Station (NRS) to Kifer Receiving Station (KRS) Project ("Project"). In order to construct the Project, the City requires an overhead electric easement from you at the property located at 3540 Bassett Street, Santa Clara; CA 95054 ("Property").
We have not come to an agreement for a voluntary sale of these easement rights; therefore, the City Council will hold a hearing and consider adopting a Resolution of Necessity. If adopted, the Resolution of Necessity functions as a declaration that public use and necessity requires the acquisition of an overhead electric easement on the Property for the Project. To that end, please find enclosed a Notice of Intention to Adopt Resolution of Necessity, stating that the hearing before the City Council is scheduled for August 19, 2025. If you wish to appear at the hearing and address the City Council, please complete the enclosed Request to be Heard and return it to the City Clerk in advance of the hearing.
Sincerely,
Nico Procos
Director of Silicon Valley Power
1500 Warburt-on Avenue Santa Clora, CA 95050 • 40&615 6600 Fax 408 249-0217· www- s11iconvalleypower com
CITY OF SANTA CLARA NOTICE OF INTENTION
TO ADOPT RESOLUTION OF NECESSITY TO ACQUIRE
REAL PROPERTY INTEREST FOR NRS-KRS 115KV TRANSMISSION LINE
PROJECT
YOU ARE HEREBY NOTIFIED, pursuant to Section 1245.235 of the California Code of Civil Procedure, that the City of Santa Clara intends to consider adoption of a Resolution of Necessity to Condemn Interest in Real Property for a new 115 kilovolt (kV) overhead transmission line from the Northern Receiving Station (NRS) to Kifer Receiving Station (KRS) Project (Project). The interest to be acquired is an Overhead Electric Easement as described and depicted in Exhibit A and Exhibit 8.
NOTICE IS FURTHER GIVEN, that on August 19, 2025 at 7:00 p.m. or as soon thereafter as the matter can be heard, at the City Council Chambers, City Hall, 1500 Warburton Ave. Santa Clara, California, the City Council will hear all protests in relation to the adoption of the proposed Resolution of Necessity authorizing the filing of eminent domain proceedings for the acquisition of the Overhead Electric Easement as described above.
At said hearing, the City Council may establish the following:
1. The public interest and necessity require the Project.
2. The Project is planned or located in the manner that will be the most compatible with the greatest public good and the least private injury.
3. The property sought to be acquired is necessary for the Project.
4. The environmental review required by law has been prepared and adopted.
5. The offer required by Section 7267.2 of the Government Code has been made to the owner(s) of record for the full amount established as the fair market value of the property.
YOU ARE HEREBY NOTIFIED that you may appear at the hearing and be heard on Items 1, 2, 3, 4, and 5 above only. If you wish to appear and be heard on these matters, please submit a written request within fifteen days of the date of mailing of this notice. Please direct any such requests to:
City Clerk
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
The enclosed "Request to be Heard" form may be used which is attached hereto as Exhibit C. Failure to file a written request to appear and be heard within fifteen days SClA0 S6598\2334874.1
after the mailing of this Notice may result in a waiver of your right to be heard. (California Code of Civil Procedure Section 1245.235(b)(3).) Sincerely,
Nico Procos
Director of Silicon Valley Power
SCLA-56598\2334874.1
DESCRIPTION:
EXHIBIT A
EXHIBIT "A"
OVERHEAD ELECTRIC EASEMENT ACROSS:
HGIT BASSETT CAMPUS LP
3540 BASSETT ST.
SANTA CLARA, CALIFORNIA 95054
APN: 104-15-132
EASEMENT AREA: 1,200 SQ.FT. ±
SVP REF:
The easterly 15 .00 feet of the parcel of land conveyed in that certain Grant Deed recorded August 31, 2020 as Document No. 24594958, in the Office of the Recorder of Santa Clara County (ORSCC), herein after referred to as the Grantor's Parcel, located in the City of Santa Clara, County of Santa Clara, State of Catifomia, described as follows:
COMMENCING at a monument located at the centerline intersection of Bassett Street and Wyatt Drive; thence South 27°24'00" East 1,706.01 feet along the centerline of said Bassett Street to a monument located at the centerline intersection of said Bassett Street and Norman Avenue; thence South 27°24'00" East 719.92 feet continuing along said centerline (as shown on Page 2 of this Exhibit); thence South 62°36'00" West 30.00 feet to the westerly right-of-way of said Bassett Street and the POINT OF BEGINNING; thence South 27°24'00" East
75.19 feet along said westerly right-of-way to the southerly line of said Grantor's Parcel; thence South 62°17'06" West 15.00 along said southerly line; thence North 27°24'00" West 75.36 feet to the northerly line of said Grantor's Parcel; thence North 62°55'42" East 15.00 along said northerly line to the POINT OF BEGINNING.
CONTAINING: 1,200 sq. ft., more or less.
THIS DRAWING SHOutO IN: USEC ONLY AS A REPAES€NTAT10N OF THE LOCATIOH OF THE EASEMEl(f IIEING,i:OHVEYED Tl1E EXACT LOCATION OF ALL STRUCT\JRl:S.
LINES ANO APPlJRTEkANCES IS SUB.ECT TO CHANGE WITHIN THE BOUNOAAIES OF THE RIGHT OF WAY IN GRAHTEO ,
EUClllCAl
coumuu 11t
SALT LAKE CITY, UTAH
SCLA-56598\ 2334874.1
SCALE:
HGIT BASSETT CAMPUS LP
APN: 104-15-132
3540 BASSETT ST.
SANT A CLARA, CALIFORNIA 95054
NIA BY:AGD CHK: GH APP: JJC
511 I .
Vt\11n
p \ LR
SHEET: 1 of 2
EXHIBIT "A"
OVERHEAD ELECTRIC EASEMENT ACROSS:
HGIT BASSETT CAMPUS LP
3540 BASSETT ST.
SANTA CLARA, CALIFORNIA 95054
APN: 104-15-132
EASEMENT AREA: 1,200 SQ.FT. ±
N 62°55'42" E
15.00'
SVP REF:
.D. 12
HGIT BASC.C'T"T CAMPUS LP
: 104-15-132 ---
LEGEND
, ______ __.IEASEMENTAREA
- ~ ~----_ ROADWAY PlATTEO CENTERLINE
~ POWERLINE REFERENCE LINE
'lfF FOUND SURVEY MONUMENT
THlS ORAWlNG S~OIILO 8E USED ONLY AS A REPRESENTATION OF THE LOCATION OF THE EASEMENT BEING CONVEYED, THE EXACT LOCATION OF ALL STRUCT\JRES, llNE$ Al<O Al'P\JRTEtlA.,tES IS SUBJECT TO CHANGE WITHIN THE 80UNOAA!ES Of TH RIGl<T Of WAY HERE N GRA!rnaO HHTIICAl
COISllUITl llt
SALT LAKE: CITY, UTAH
SCLA-56598\2334874.l
SCALE: 1• = 60'
HGIT BASSETT CAMPUS LP
APN: 104-15-132
3540 BASSETT ST.
SANTA CLARA, CALIFORNIA 95054 SHEET: 2of2
EXHIBIT B
Exhibit A Description
[i] a 1,200 square foot permanent Easement in, on, over, along and across the real property described and depicted in Exhibit "A" ("Easement Area") for the purpose of constructing and reconstructing, installing, operating, inspecting, maintaining, repairing, removing and/or replacing overhead electrical transmission, distribution and/or communication systems, and appurtenances thereto, including a reasonable right of ingress and egress over adjoining lands of fee owner. In exercising said right of ingress and egress, easement holder shall, wherever practical, use existing roads and lanes across lands of fee owner, if such there be, and if not, by such route or routes as shall result in the least practicable inconvenience to fee owner and any occupants of fee owner's property.
The overhead system will consist of poles, wire supports, wires and conductors suspended from pole to pole, transformers and other equipment mounted on the poles, anchors, guy attachments, and other appurtenances.
Portions of the Easement Area may be used by the fee owner for driveway(s), landscaping (excluding trees), and parking, as will not interfere with the easement holder's use of the Easement. Any other use of the Easement Area by fee owner shall be subject to easement holder's express written consent and only after easement holder's review of plans and specifications and determination that such use will not interfere with its use of the Easement. Easement holder may trim any trees or remove any tree or structure which are in or adjacent to the Easement Area which, in easement holder's reasonable determination, interferes with its use of the Easement. Easement holder may trim any trees or remove any tree which is in or adjacent to the Easement Area which exceeds a height of 20 feet or poses a risk of falling onto the easement holder's facilities or equipment located within the Easement.
SClA·S6598\2334874. l
Date: ----~ 2025
EXHIBIT C
REQUEST TO BE HEARD
To: Nora Pimentel, Assistant City Clerk
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Dear Sir/Madam:
The undersigned hereby requests the opportunity to be heard on the City of Santa Clara's Notice of Intention to Adopt Resolution of Necessity to Condemn Real Property, set for the agenda of August 19, 2025.
SClA-56598\2334874.l
Sincerely,
Signed:
Print Name:
Address:
.... ~ lllCON
~ VALLEY
PovVER.
-~ The Center of What's Possible
July 23, 2025
HGIT Bassett Campus LP
2800 Post Oak Blvd. Ste 2800
Houston, TX, 77056
Re: NRS-KRS 115kV Transmission Line Project
Property Address: 3550 Bassett Street, Santa Clara, CA 95054 APN: 104-15-131
Dear Sir/Madam:
As you know, the City of Santa Clara ("City") has approved plans to construct its new 115 kilovolt (kV) overhead transmission line from the Northern Receiving Station (NRS) to Kifer Receiving Station (KRS) Project ("Project"). In order to construct the Project, the City requires an overhead electric easement from you at the property located at 3550 Bassett Street, Santa Clara, CA 95054 ("Property").
We have not come to an agreement for a voluntary sale of these easement rights; therefore, the City Council will hold a hearing and consider adopting a Resolution of Necessity. If adopted, the Resolution of Necessity functions as a declaration that public use and necessity requires the acquisition of an overhead electric easement on the Property for the Project. To that end, please find enclosed a Notice of Intention to Adopt Resolution of Necessity, stating that the hearing before the City Council is scheduled for August 19, 2025. If you wish to appear at the hearing and address the City Council, please complete the enclosed Request to be Heard and return it to the City Clerk in advance of the hearing.
Sincerely,
67)(1/k
~:oL ' 1
Director of Silicon Valley Power
1500 Warbunon Avenue Santa Clara CA 95050 • 408-615-6600 Fax 408-249-02·17• www siliconvalleypower corn
CITY OF SANTA CLARA NOTICE OF INTENTION
TO ADOPT RESOLUTION OF NECESSITY TO ACQUIRE
REAL PROPERTY INTEREST FOR NRS-KRS 11 SKV TRANSMISSION LINE
PROJECT
YOU ARE HEREBY NOTIFIED, pursuant to Section 1245.235 of the California Code of Civil Procedure, that the City of Santa Clara intends to consider adoption of a Resolution of Necessity to Condemn Interest in Real Property for a new 115 kilovolt (kV) overhead transmission line from the Northern Receiving Station (NRS) to Kifer Receiving Station (KRS) Project (Project). The interest to be acquired is an Overhead Electric Easement as described and depicted in Exhibit A and Exhibit B.
NOTICE IS FURTHER GIVEN, that on August 19, 2025 at 7:00 p.m. or as soon thereafter as the matter can be heard, at the City Council Chambers, City Hall, 1500 Warburton Ave. Santa Clara, California, the City Council will hear all protests in relation to the adoption of the proposed Resolution of Necessity authorizing the filing of eminent domain proceedings for the acquisition of the Overhead Electric Easement as described above.
At said hearing, the City Council may establish the following:
1. The public interest and necessity require the Project.
2. The Project is planned or located in the manner that will be the most compatible with the greatest public good and the least private injury.
3. The property sought to be acquired is necessary for the Project.
4. The environmental review required by law has been prepared and adopted.
5. The offer required by Section 7267.2 of the Government Code has been made to the owner(s) of record for the full amount established as the fair market value of the property.
YOU ARE HEREBY NOTIFIED that you may appear at the hearing and be heard on Items 1, 2, 3, 4, and 5 above only. If you wish to appear and be heard on these matters, please submit a written request within fifteen days of the date of mailing of this notice. Please direct any such requests to:
City Clerk
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
The enclosed "Request to be Heard" form may be used which is attached hereto as Exhibit C. Failure to file a written request to appear and be heard within fifteen days SCLA-56598\2334874.1
after the mailing of this Notice may result in a waiver of your right to be heard. (California Code of Civil Procedure Section 1245.235(b)(3).) Sincerely,
Nico Procos
Director of Silicon Valley Power
SCLA-S6598\2334874.1
DESCRIPTION:
EXHIBIT A
EXHIBIT "A" ·OVERHEAD ELECTRIC EASEMENT ACROSS:
HGIT BASSETT CAMPUS LP
3550 BASSETT ST.
SANTA CLARA, CALIFORNIA 95054
APN: 104-15-131
EASEMENT AREA: 5,700 SQ.FT.±
SVP REF:
The easterly 15.00 feet of the parcel of land conveyed in that certain Grant Deed recorded August 31, 2020 as Document No. 24594958, in the Office of the Recorder of Santa Clara County (ORSCC), herein after referred to as the Grantor's Parcel, located in the City of Santa Clara. County of Santa Clara, State of California, described as follows:
COMMENCING at a monument located at the centerline intersection of Bassett Street and Wyatt Drive; thence South 27°24'00" East 1,706.01 feet along the centerline of said Bassett Street to a monument located at the centerline intersection of said Bassett Street and Norman Avenue; thence South 27°24'00" East 343.43 feet continuing along said centerline (as shown on Page 2 of this Exhibit); thence South 62°36'00" West 30.00 feet to the westerly right-of-way of said Bassett Street and the POINT OF BEGINNING; thence South 27°24'00" East 376.49 feet along said westerly right-of-way to the southerly line of said Grantor's Parcel; thence South 62°55'42" West 15.00 along said southerly line; thence North 27°24•00• West 376.42 feet to the northerly line of said Grantor's Parcel: thence North 62"40'10" East 15.00 along said northerly line to the POINT OF BEGINNING.
CONTAINING: 5,700 sq. ft,, more or less.
THIS OAAW,NG 5)<0UlD ~ US£0 O~l Y AS A ,U,PRESEl'ITATIOl'IOF THE lOCAflON OF THE EASEMENT ~ING j:ONVEYEO !HE EXACT lOC'IIION OF All SIRUCT\JRES.
LINES AND APPVRlENANCES IS SUBJECT TO Ct<ANGE WITHIN Tl<E IIOONDARIES OF THE RIGHT OF WAY ERl!IN GRANTEO HHTIICAl
COIUl Ulll llt
SALT LAKE CITY, UTAH
SCLA-56598\2334874.1
HGIT BASSETT CAMPUS LP
APN: 104-15-131
3550 BASSETT ST.
SANTA CLARA, CALIFORNIA 95054 SHEET: 1 of 2
EXHIBIT "A"
OVERHEAD ELECTRIC EASEMENT ACROSS:
HGIT BASSETT CAMPUS LP
3550 BASSETT ST.
"1'ET
I
100
B
PROJECT I.D. 1 1
HGIT BASSETT CAMPUS LP
APN: 104•15-131
LEGEND
1 _______ 1EASEMENTAREA
·---ROADWAY PLATTED CENTERLINE
_t,_ POWERLINE REFERENCE LINE
"l'° FOUND SURVEY MONUMENT
S62"36"00"W
30.00' (TIE)
\
•
~ ·~
\~
~
SVP REF:
\
™5 ORAWING SHOIJLO 8E USED 0NL Y AS A REPRESEN'TATION OF me LOCATION OF me EASEMENT BEING COHVEYEO me EXACT LOCATION OF All STRUCT\JRES Ul<ES ANO APP\IRTew.tK:ES ,s SIJIIJECT TO CHANGE WITl<IN me SOIINOAlll£S OF THE_, OF WAY HEREIM GAA.'llEO HH111CA1
COISlllUU llt
SALT U.KE CllY, UTAH
SCLA-56598\2334874.1
HGIT BASSETT CAMPUS LP
APN: 104-15-131
3550 BASSETT ST.
SANT A CLARA, CALIFORNIA 95054
BY: GAB CHK: GHH APP: JJC
511 I ·o:-.
v,,u
Pm 1:K.
SHEET: 2 of2
EXHIBIT B
Exhibit A Description
[i] a 5,700 square foot permanent Easement in, on, over, along and across the real property described and depicted in Exhibit "A" ("Easement Area") for the purpose of constructing and reconstructing, installing, operating, inspecting, maintaining, repairing, removing and/or replacing overhead electrical transmission, distribution and/or communication systems, and appurtenances thereto, including a reasonable right of ingress and egress over adjoining lands of fee owner. In exercising said right of ingress and egress, easement holder shall, wherever practical, use existing roads and lanes across lands of fee owner, if such there be, and if not, by such route or routes as shall result in the least practicable inconvenience to fee owner and any occupants of fee owner's property.
The overhead system will consist of poles, wire supports, wires and conductors suspended from pole to pole, transformers and other equipment mounted on the poles, anchors, guy attachments, and other appurtenances.
Portions of the Easement Area may be used by the fee owner for driveway(s), landscaping (excluding trees), and parking, as will not interfere with the easement holder's use of the Easement. Any other use of the Easement Area by fee owner shall be subject to easement holder's express written consent and only after easement holder's review of plans and specifications and determination that such use will not interfere with its use of the Easement. Easement holder may trim any trees or remove any tree or structure which are in or adjacent to the Easement Area which, in easement holder's reasonable determination, interferes with its use of the Easement. Easement holder may trim any trees or remove any tree which is in or adjacent to the Easement Area which exceeds a height of 20 fee~ or poses a risk of falling onto the easement holder's facilities or equipment located within the Easement.
SCLA-56598\2334874.l
Date: _____ , 2025
EXHIBIT C
REQUEST TO BE HEARD
To: N.ora Pimentel, Assistant City Clerk
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Dear Sir/Madam:
The undersigned hereby requests the opportunity to be heard on the City of Santa Clara's Notice of Intention to Adopt Resolution of Necessity to Condemn Real Property, set for the agenda of August 19. 2025.
SCLA-56598\2334874.1
Sincerely,
Signed:
Print Name:
Address:
Resolution/Determining Public Interest and Necessity to Acquire Certain Real Property Interests Page 1 of 19 Rev: 7/27/2023
RESOLUTION NO. _____
A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA
DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY
REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY
INTERESTS FOR A PUBLIC PROJECT AND DIRECTING THE
FILING OF EMINENT DOMAIN PROCEEDINGS
WHEREAS, the City of Santa Clara (hereinafter the “City”), a chartered city and municipal corporation acting by and through its municipally owned utility, Silicon Valley Power (hereinafter “SVP”), is engaged in a continuing effort to upgrade and enhance its overhead and underground distribution and transmission systems to meet new customer demand and to maintain the reliability of SVP’s electric system. The upgrades and enhancements require a new 115-kilovolt (kV) transmission line connecting the Northern Receiving Station (NRS) and the Kifer Receiving Station (KRS) (the “Project);
WHEREAS, the Project will enable SVP to transfer additional power, balance electric loads across the City’s three receiving stations, and enhance overall system reliability; WHEREAS, the Project will involve the construction, installation, placement, operation, and maintenance of transmission and distribution electric facilities and result in either the expansion of existing easements or the acquisition of new easements; WHEREAS, it is desirable and necessary for the City to acquire the real property interests necessary for the Project located at 3508, 3520, 3530, 3540, and 3550 Bassett Street, Santa Clara, CA 95054 (the “Subject Property Interests”), as more fully described and depicted in (1) Exhibit A-1 and Exhibit B-1; (2) Exhibit A-2 and Exhibit B-2; (3) Exhibit A-3 and Exhibit B-3; (4) Exhibit A-4 and Exhibit B-4; and (5) Exhibit A-5 and Exhibit B-5; WHEREAS, there is unity of title; contiguity of the parcels; and unity of use between and among 3508, 3520, 3530, 3540, and 3550 Bassett Street, Santa Clara, CA 95054, all of which are part of the same campus;
WHEREAS, the City is vested with the power of eminent domain to acquire real property interests by virtue of Section 19 of Article I of the California Constitution, California Government Resolution/Determining Public Interest and Necessity to Acquire Certain Real Property Interests Page 2 of 19 Rev: 7/27/2023
Code section 37350.5, California Public Utilities Code section 612, and California Code of Civil Procedure sections 1240.010 and 1240.220;
WHEREAS, the City conducted an appraisal of the Subject Property Interests and, pursuant to the provisions of Section 7267.2 of the California Government Code, the City has made an offer to the owner of record (the “Owner of Record”) to acquire the Subject Property Interests for the amount which it has established to be just compensation; WHEREAS, the City determined the Owner of Record based on the name and address appearing on the last equalized county assessment roll notice in connection with the Subject Property Interests;
WHEREAS, the Owner of Record has not accepted the City’s offer; WHEREAS, pursuant to the provisions of the California Code of Civil Procedure Section 1245.235, the City provided notice to the Owner of Record of 3508, 3520, 3530, 3540, and 3550Bassett Street, Santa Clara, CA 95054 that the City Council intends to adopt a resolution of necessity and the right of the Owner of Record to appear before the City Council and heard; and WHEREAS, on November 12, 2024, by Resolution No. 24-9386, the City Council certified the Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) for the Project in accordance with California Environmental Quality Act (CEQA), and the actions proposed herein require no further environmental review is necessary pursuant to CEQA.
NOW THEREFORE, BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
1. That the above Recitals are true and correct and by this reference made a part hereof.
2. That the Report to Council accompanying this resolution is true and correct and by this reference made a part hereof.
3. That the Recitals and the Report to Council support the City Council’s findings below:
A. The public interest and necessity require the Project.
B. The Project is planned or located in the manner that will be most compatible with Resolution/Determining Public Interest and Necessity to Acquire Certain Real Property Interests Page 3 of 19 Rev: 7/27/2023
the greatest public good and the least private injury.
C. The Subject Property Interests sought to be acquired are necessary for the Project.
D. All environmental review required by law has been prepared and adopted.
E. The offer required by Section 7267.2 of the California Government Code has been made to the Owner(s) of Record of the Subject Property Interests.
F. The necessary notice of hearing has been given, as required by Code of Civil Procedure section 1245.235.
4. That the City Attorney or his duly authorized designee is hereby authorized and directed to institute and conduct to conclusion an action in eminent domain for the acquisition of the estates and interests aforesaid and to take such actions as he may deem advisable or necessary in connection therewith.
5. That the City may deposit with the State Treasury the probable amount of compensation and obtain an order for prejudgment possession of the Subject Property Interests.
6. Effective date. This resolution shall become effective immediately.
I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED
AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE ___ DAY OF _________, 20__, BY THE FOLLOWING VOTE:
AYES: COUNCILORS:
NOES: COUNCILORS:
ABSENT: COUNCILORS:
ABSTAINED: COUNCILORS:
ATTEST: ______________________________
NORA PIMENTEL, MMC
ASSISTANT CITY CLERK
CITY OF SANTA CLARA
Attachments incorporated by reference:
Resolution/Determining Public Interest and Necessity to Acquire Certain Real Property Interests Page 4 of 19 Rev: 7/27/2023
1. Exhibit A – Subject Property Interests Overhead Electric Utility Easement
2. Exhibit B – Exhibit A Description
7-28-25
THIS DRAWING SHOULD BE USED ONLY AS A REPRESENTATION OF THE LOCATION OF THE EASEMENT BEING CONVEYED. THE EXACT LOCATION OF ALL STRUCTURES,
LINES AND APPURTENANCES IS SUBJECT TO CHANGE WITHIN THE BOUNDARIES OF THE RIGHT OF WAY HEREIN GRANTED SVP REF:
HGIT BASSETT CAMPUS LP
APN: 104-15-128
3508 BASSETT ST.
SANTA CLARA, CALIFORNIA 95054
EXHIBIT "A-1"
OVERHEAD ELECTRIC EASEMENT ACROSS:
HGIT BASSETT CAMPUS LP
3508 BASSETT ST.
SANTA CLARA, CALIFORNIA 95054
APN: 104-15-128
EASEMENT AREA: 3,800 SQ.FT. ±
REV: DATE: BY: CHK: APP:
SHEET: 1 of 2
0 SCALE: N/A GAB GHH JJC
DESCRIPTION:
The easterly 15.00 feet of the parcel of land conveyed in that certain Grant Deed recorded August 31, 2020 as Document No. 24594958, in the Office of the Recorder of Santa Clara County (ORSCC), herein after referred to as the Grantor's Parcel, located in the City of Santa Clara, County of Santa Clara, State of California, described as follows:
COMMENCING at a monument located at the centerline intersection of Bassett Street and Wyatt Drive; thence South 27°24'00" East 1,706.01 feet along the centerline of said Bassett Street to a monument located at the centerline intersection of said Bassett Street and Norman Avenue; thence South 27°24'00" East 1,308.49 feet continuing along said centerline (as shown on Page 2 of this Exhibit); thence South 62°36'00" West 30.00 feet to the westerly right-of-way of said Bassett Street and the POINT OF BEGINNING; thence South 27°24'00" East 250.07 feet along said westerly right-of-way to the southerly line of said Grantor's Parcel; thence South 62°37'40" West 15.00 along said southerly line; thence North 27°24'00" West 250.06 feet to the northerly line of said Grantor's Parcel; thence North 62°36'24" East 15.00 along said northerly line to the POINT OF BEGINNING. CONTAINING: 3,800 sq. ft., more or less.
CL MON
BASSETT STREET
NORMAN AVENUE
1,308.49' (TIE)
S 62°36'00" W
30.00' (TIE)
Basis of Bearings S 27°24'00" E
1,706.01' (TIE)
POB
N 27°24'00" W 250.06'
S 27°24'00" E 250.07'
CL MON
BASSETT STREET
WYATT DRIVE
N 62°36'24" E
15.00'
S 62°37'40" W
15.00'
15'
SCALE FEET
0 40 80
7-28-25
THIS DRAWING SHOULD BE USED ONLY AS A REPRESENTATION OF THE LOCATION OF THE EASEMENT BEING CONVEYED. THE EXACT LOCATION OF ALL STRUCTURES,
LINES AND APPURTENANCES IS SUBJECT TO CHANGE WITHIN THE BOUNDARIES OF THE RIGHT OF WAY HEREIN GRANTED PROJECT I.D. 15
HGIT BASSETT CAMPUS LP
APN: 104-15-128
SVP REF:
HGIT BASSETT CAMPUS LP
APN: 104-15-128
3508 BASSETT ST.
SANTA CLARA, CALIFORNIA 95054
EXHIBIT "A-1"
OVERHEAD ELECTRIC EASEMENT ACROSS:
HGIT BASSETT CAMPUS LP
3508 BASSETT ST.
SANTA CLARA, CALIFORNIA 95054
APN: 104-15-128
EASEMENT AREA: 3,800 SQ.FT. ±
REV: DATE: BY: CHK: APP:
SHEET: 2 of 2
0 SCALE: 1" = 80' GAB GHH JJC
BASSETT ST
ROADWAY PLATTED CENTERLINE
POWERLINE REFERENCE LINE
FOUND SURVEY MONUMENT
EASEMENT AREA
LEGEND
NORMAN AVE
WYATT DR
Resolution/Determining Public Interest and Necessity to Acquire Certain Real Property Interests Page 7 of 19 Rev: 7/27/2023
EXHIBIT B-1
3508 Bassett Street
Exhibit A-1 Description
[i] a 3,800 square foot permanent Easement in, on, over, along and across the real property described and depicted in Exhibit "A-1" ("Easement Area") for the purpose of constructing and reconstructing, installing, operating, inspecting, maintaining, repairing, removing and/or replacing overhead electrical transmission, distribution and/or communication systems, and appurtenances thereto, including a reasonable right of ingress and egress over adjoining lands of fee owner. In exercising said right of ingress and egress, easement holder shall, wherever practical, use existing roads and lanes across lands of fee owner, if such there be, and if not, by such route or routes as shall result in the least practicable inconvenience to fee owner and any occupants of fee owner's property.
The overhead system will consist of poles, wire supports, wires and conductors suspended from pole to pole, transformers and other equipment mounted on the poles, anchors, guy attachments, and other appurtenances.
Portions of the Easement Area may be used by the fee owner for driveway(s), landscaping (excluding trees), and parking, as will not interfere with the easement holder's use of the Easement. Any other use of the Easement Area by fee owner shall be subject to easement holder's express written consent and only after easement holder's review of plans and specifications and determination that such use will not interfere with its use of the Easement. Easement holder may trim any trees or remove any tree or structure which are in or adjacent to the Easement Area which, in easement holder's reasonable determination, interferes with its use of the Easement. Easement holder may trim any trees or remove any tree which is in or adjacent to the Easement Area which exceeds a height of 20 feet or poses a risk of falling onto the easement holder's facilities or equipment located within the Easement.
7-28-25
THIS DRAWING SHOULD BE USED ONLY AS A REPRESENTATION OF THE LOCATION OF THE EASEMENT BEING CONVEYED. THE EXACT LOCATION OF ALL STRUCTURES,
LINES AND APPURTENANCES IS SUBJECT TO CHANGE WITHIN THE BOUNDARIES OF THE RIGHT OF WAY HEREIN GRANTED SVP REF:
HGIT BASSETT CAMPUS LP
APN: 104-15-134
3520 BASSETT ST.
SANTA CLARA, CALIFORNIA 95054
EXHIBIT "A-2"
OVERHEAD ELECTRIC EASEMENT ACROSS:
HGIT BASSETT CAMPUS LP
3520 BASSETT ST.
SANTA CLARA, CALIFORNIA 95054
APN: 104-15-134
EASEMENT AREA: 3,900 SQ.FT. ±
REV: DATE: BY: CHK: APP:
SHEET: 1 of 2
0 SCALE: N/A GAB GHH JJC
DESCRIPTION:
The easterly 15.00 feet of the parcel of land conveyed in that certain Grant Deed recorded August 31, 2020 as Document No. 24594958, in the Office of the Recorder of Santa Clara County (ORSCC), herein after referred to as the Grantor's Parcel, located in the City of Santa Clara, County of Santa Clara, State of California, described as follows:
COMMENCING at a monument located at the centerline intersection of Bassett Street and Wyatt Drive; thence South 27°24'00" East 1,706.01 feet along the centerline of said Bassett Street to a monument located at the centerline intersection of said Bassett Street and Norman Avenue; thence South 27°24'00" East 1,051.80 feet continuing along said centerline (as shown on Page 2 of this Exhibit); thence South 62°36'00" West 30.00 feet to the westerly right-of-way of said Bassett Street and the POINT OF BEGINNING; thence South 27°24'00" East 256.69 feet along said westerly right-of-way to the southerly line of said Grantor's Parcel; thence South 62°36'24" West 15.00 along said southerly line; thence North 27°24'00" West 256.69 feet to the northerly line of said Grantor's Parcel; thence North 62°36'00" East 15.00 along said northerly line to the POINT OF BEGINNING. CONTAINING: 3,900 sq. ft., more or less.
CL MON
BASSETT STREET
NORMAN AVENUE
1,051.80' (TIE)
S 62°36'00" W
30.00' (TIE)
Basis of Bearings S 27°24'00" E
1,706.01' (TIE)
POB
N 27°24'00" W 256.69'
S 27°24'00" E 256.69'
N 62°36'00" E
15.00'
CL MON
BASSETT STREET
WYATT DRIVE
S 62°36'24" W
15.00'
15'
SCALE FEET
0 40 80
7-28-25
THIS DRAWING SHOULD BE USED ONLY AS A REPRESENTATION OF THE LOCATION OF THE EASEMENT BEING CONVEYED. THE EXACT LOCATION OF ALL STRUCTURES,
LINES AND APPURTENANCES IS SUBJECT TO CHANGE WITHIN THE BOUNDARIES OF THE RIGHT OF WAY HEREIN GRANTED PROJECT I.D. 14
HGIT BASSETT CAMPUS LP
APN: 104-15-134
SVP REF:
HGIT BASSETT CAMPUS LP
APN: 104-15-134
3520 BASSETT ST.
SANTA CLARA, CALIFORNIA 95054
EXHIBIT "A-2"
OVERHEAD ELECTRIC EASEMENT ACROSS:
HGIT BASSETT CAMPUS LP
3520 BASSETT ST.
SANTA CLARA, CALIFORNIA 95054
APN: 104-15-134
EASEMENT AREA: 3,900 SQ.FT. ±
REV: DATE: BY: CHK: APP:
SHEET: 2 of 2
0 SCALE: 1" = 80' GAB GHH JJC
BASSETT ST
ROADWAY PLATTED CENTERLINE
POWERLINE REFERENCE LINE
FOUND SURVEY MONUMENT
EASEMENT AREA
LEGEND
NORMAN AVE
WYATT DR
Resolution/Determining Public Interest and Necessity to Acquire Certain Real Property Interests Page 10 of 19 Rev: 7/27/2023
EXHIBIT B-2
3520 Bassett Street
Exhibit A-2 Description
[i] a 3,900 square foot permanent Easement in, on, over, along and across the real property described and depicted in Exhibit "A-2" ("Easement Area") for the purpose of constructing and reconstructing, installing, operating, inspecting, maintaining, repairing, removing and/or replacing overhead electrical transmission, distribution and/or communication systems, and appurtenances thereto, including a reasonable right of ingress and egress over adjoining lands of fee owner. In exercising said right of ingress and egress, easement holder shall, wherever practical, use existing roads and lanes across lands of fee owner, if such there be, and if not, by such route or routes as shall result in the least practicable inconvenience to fee owner and any occupants of fee owner's property.
The overhead system will consist of poles, wire supports, wires and conductors suspended from pole to pole, transformers and other equipment mounted on the poles, anchors, guy attachments, and other appurtenances.
Portions of the Easement Area may be used by the fee owner for driveway(s), landscaping (excluding trees), and parking, as will not interfere with the easement holder's use of the Easement. Any other use of the Easement Area by fee owner shall be subject to easement holder's express written consent and only after easement holder's review of plans and specifications and determination that such use will not interfere with its use of the Easement. Easement holder may trim any trees or remove any tree or structure which are in or adjacent to the Easement Area which, in easement holder's reasonable determination, interferes with its use of the Easement. Easement holder may trim any trees or remove any tree which is in or adjacent to the Easement Area which exceeds a height of 20 feet or poses a risk of falling onto the easement holder's facilities or equipment located within the Easement.
7-28-25
THIS DRAWING SHOULD BE USED ONLY AS A REPRESENTATION OF THE LOCATION OF THE EASEMENT BEING CONVEYED. THE EXACT LOCATION OF ALL STRUCTURES,
LINES AND APPURTENANCES IS SUBJECT TO CHANGE WITHIN THE BOUNDARIES OF THE RIGHT OF WAY HEREIN GRANTED SVP REF:
HGIT BASSETT CAMPUS LP
APN: 104-15-133
3530 BASSETT ST.
SANTA CLARA, CALIFORNIA 95054
EXHIBIT "A-3"
OVERHEAD ELECTRIC EASEMENT ACROSS:
HGIT BASSETT CAMPUS LP
3530 BASSETT ST.
SANTA CLARA, CALIFORNIA 95054
APN: 104-15-133
EASEMENT AREA: 3,900 SQ.FT. ±
REV: DATE: BY: CHK: APP:
SHEET: 1 of 2
0 SCALE: N/A GAB GHH JJC
DESCRIPTION:
The easterly 15.00 feet of the parcel of land conveyed in that certain Grant Deed recorded August 31, 2020 as Document No. 24594958, in the Office of the Recorder of Santa Clara County (ORSCC), herein after referred to as the Grantor's Parcel, located in the City of Santa Clara, County of Santa Clara, State of California, described as follows:
COMMENCING at a monument located at the centerline intersection of Bassett Street and Wyatt Drive; thence South 27°24'00" East 1,706.01 feet along the centerline of said Bassett Street to a monument located at the centerline intersection of said Bassett Street and Norman Avenue; thence South 27°24'00" East 795.11 feet continuing along said centerline (as shown on Page 2 of this Exhibit); thence South 62°36'00" West 30.00 feet to the westerly right-of-way of said Bassett Street and the POINT OF BEGINNING; thence South 27°24'00" East 256.68 feet along said westerly right-of-way to the southerly line of said Grantor's Parcel; thence South 62°36'00" West 15.00 along said southerly line; thence North 27°24'00" West 256.60 feet to the northerly line of said Grantor's Parcel; thence North 62°17'06" East 15.00 along said northerly line to the POINT OF BEGINNING. CONTAINING: 3,900 sq. ft., more or less.
CL MON
BASSETT STREET
WYATT DRIVE
CL MON
BASSETT STREET
NORMAN AVENUE
795.11' (TIE)
S 62°36'00" W
30.00' (TIE)
Basis of Bearings S 27°24'00" E
1,706.01' (TIE)
N 62°17'06" E
15.00'
POB
N 27°24'00" W 256.60'
S 27°24'00" E 256.68'
S 62°36'00" W
15.00'
15'
SCALE FEET
0 40 80
7-28-25
THIS DRAWING SHOULD BE USED ONLY AS A REPRESENTATION OF THE LOCATION OF THE EASEMENT BEING CONVEYED. THE EXACT LOCATION OF ALL STRUCTURES,
LINES AND APPURTENANCES IS SUBJECT TO CHANGE WITHIN THE BOUNDARIES OF THE RIGHT OF WAY HEREIN GRANTED PROJECT I.D. 13
HGIT BASSETT CAMPUS LP
APN: 104-15-133
SVP REF:
HGIT BASSETT CAMPUS LP
APN: 104-15-133
3530 BASSETT ST.
SANTA CLARA, CALIFORNIA 95054
EXHIBIT "A-3"
OVERHEAD ELECTRIC EASEMENT ACROSS:
HGIT BASSETT CAMPUS LP
3530 BASSETT ST.
SANTA CLARA, CALIFORNIA 95054
APN: 104-15-133
EASEMENT AREA: 3,900 SQ.FT. ±
REV: DATE: BY: CHK: APP:
SHEET: 2 of 2
0 SCALE: 1" = 80' GAB GHH JJC
BASSETT ST
ROADWAY PLATTED CENTERLINE
POWERLINE REFERENCE LINE
FOUND SURVEY MONUMENT
EASEMENT AREA
LEGEND
NORMAN AVE
WYATT DR
Resolution/Determining Public Interest and Necessity to Acquire Certain Real Property Interests Page 13 of 19 Rev: 7/27/2023
EXHIBIT B-3
3530 Bassett Street
Exhibit A-3 Description
[i] a 3,900 square foot permanent Easement in, on, over, along and across the real property described and depicted in Exhibit "A-3" ("Easement Area") for the purpose of constructing and reconstructing, installing, operating, inspecting, maintaining, repairing, removing and/or replacing overhead electrical transmission, distribution and/or communication systems, and appurtenances thereto, including a reasonable right of ingress and egress over adjoining lands of fee owner. In exercising said right of ingress and egress, easement holder shall, wherever practical, use existing roads and lanes across lands of fee owner, if such there be, and if not, by such route or routes as shall result in the least practicable inconvenience to fee owner and any occupants of fee owner's property.
The overhead system will consist of poles, wire supports, wires and conductors suspended from pole to pole, transformers and other equipment mounted on the poles, anchors, guy attachments, and other appurtenances.
Portions of the Easement Area may be used by the fee owner for driveway(s), landscaping (excluding trees), and parking, as will not interfere with the easement holder's use of the Easement. Any other use of the Easement Area by fee owner shall be subject to easement holder's express written consent and only after easement holder's review of plans and specifications and determination that such use will not interfere with its use of the Easement. Easement holder may trim any trees or remove any tree or structure which are in or adjacent to the Easement Area which, in easement holder's reasonable determination, interferes with its use of the Easement. Easement holder may trim any trees or remove any tree which is in or adjacent to the Easement Area which exceeds a height of 20 feet or poses a risk of falling onto the easement holder's facilities or equipment located within the Easement.
7-28-25
THIS DRAWING SHOULD BE USED ONLY AS A REPRESENTATION OF THE LOCATION OF THE EASEMENT BEING CONVEYED. THE EXACT LOCATION OF ALL STRUCTURES,
LINES AND APPURTENANCES IS SUBJECT TO CHANGE WITHIN THE BOUNDARIES OF THE RIGHT OF WAY HEREIN GRANTED SVP REF:
HGIT BASSETT CAMPUS LP
APN: 104-15-132
3540 BASSETT ST.
SANTA CLARA, CALIFORNIA 95054
EXHIBIT "A-4"
OVERHEAD ELECTRIC EASEMENT ACROSS:
HGIT BASSETT CAMPUS LP
3540 BASSETT ST.
SANTA CLARA, CALIFORNIA 95054
APN: 104-15-132
EASEMENT AREA: 1,200 SQ.FT. ±
REV: DATE: BY: CHK: APP:
SHEET: 1 of 2
0 SCALE: N/A AGD GHH JJC
DESCRIPTION:
The easterly 15.00 feet of the parcel of land conveyed in that certain Grant Deed recorded August 31, 2020 as Document No. 24594958, in the Office of the Recorder of Santa Clara County (ORSCC), herein after referred to as the Grantor's Parcel, located in the City of Santa Clara, County of Santa Clara, State of California, described as follows:
COMMENCING at a monument located at the centerline intersection of Bassett Street and Wyatt Drive; thence South 27°24'00" East 1,706.01 feet along the centerline of said Bassett Street to a monument located at the centerline intersection of said Bassett Street and Norman Avenue; thence South 27°24'00" East 719.92 feet continuing along said centerline (as shown on Page 2 of this Exhibit); thence South 62°36'00" West 30.00 feet to the westerly right-of-way of said Bassett Street and the POINT OF BEGINNING; thence South 27°24'00" East
75.19 feet along said westerly right-of-way to the southerly line of said Grantor's Parcel; thence South 62°17'06" West 15.00 along said southerly line; thence North 27°24'00" West 75.36 feet to the northerly line of said Grantor's Parcel; thence North 62°55'42" East 15.00 along said northerly line to the POINT OF BEGINNING. CONTAINING: 1,200 sq. ft., more or less.
S 62°36'00" W
30.00' (TIE)
POB
CL MON
BASSETT STREET
WYATT DRIVE
CL MON
BASSETT STREET
NORMAN AVENUE
719.92' (TIE)
1,706.01' (TIE) Basis of Bearings S 27°24'00" E
N 27°24'00" W
75.36'
75.19' S 27°24'00" E
S 62°17'06" W
15.00'
N 62°55'42" E
15.00'
15'
SCALE FEET
0 30 60
7-28-25
THIS DRAWING SHOULD BE USED ONLY AS A REPRESENTATION OF THE LOCATION OF THE EASEMENT BEING CONVEYED. THE EXACT LOCATION OF ALL STRUCTURES,
LINES AND APPURTENANCES IS SUBJECT TO CHANGE WITHIN THE BOUNDARIES OF THE RIGHT OF WAY HEREIN GRANTED PROJECT I.D. 12
HGIT BASSETT CAMPUS LP
APN: 104-15-132
SVP REF:
HGIT BASSETT CAMPUS LP
APN: 104-15-132
3540 BASSETT ST.
SANTA CLARA, CALIFORNIA 95054
EXHIBIT "A-4"
OVERHEAD ELECTRIC EASEMENT ACROSS:
HGIT BASSETT CAMPUS LP
3540 BASSETT ST.
SANTA CLARA, CALIFORNIA 95054
APN: 104-15-132
EASEMENT AREA: 1,200 SQ.FT. ±
REV: DATE: BY: CHK: APP:
SHEET: 2 of 2
0 SCALE: 1" = 60' AGD GHH JJC
BASSETT ST
ROADWAY PLATTED CENTERLINE
POWERLINE REFERENCE LINE
FOUND SURVEY MONUMENT
EASEMENT AREA
LEGEND
NORMAN AVE
WYATT DR
Resolution/Determining Public Interest and Necessity to Acquire Certain Real Property Interests Page 16 of 19 Rev: 7/27/2023
EXHIBIT B-4
3540 Bassett Street
Exhibit A-4 Description
[i] a 1,200 square foot permanent Easement in, on, over, along and across the real property described and depicted in Exhibit “A-4” (“Easement Area”) for the purpose of constructing and reconstructing, installing, operating, inspecting, maintaining, repairing, removing and/or replacing overhead electrical transmission, distribution and/or communication systems, and appurtenances thereto, including a reasonable right of ingress and egress over adjoining lands of fee owner. In exercising said right of ingress and egress, easement holder shall, wherever practical, use existing roads and lanes across lands of fee owner, if such there be, and if not, by such route or routes as shall result in the least practicable inconvenience to fee owner and any occupants of fee owner’s property.
The overhead system will consist of poles, wire supports, wires and conductors suspended from pole to pole, transformers and other equipment mounted on the poles, anchors, guy attachments, and other appurtenances.
Portions of the Easement Area may be used by the fee owner for driveway(s), landscaping (excluding trees), and parking, as will not interfere with the easement holder’s use of the Easement. Any other use of the Easement Area by fee owner shall be subject to easement holder’s express written consent and only after easement holder’s review of plans and specifications and determination that such use will not interfere with its use of the Easement. Easement holder may trim any trees or remove any tree or structure which are in or adjacent to the Easement Area which, in easement holder’s reasonable determination, interferes with its use of the Easement. Easement holder may trim any trees or remove any tree which is in or adjacent to the Easement Area which exceeds a height of 20 feet or poses a risk of falling onto the easement holder’s facilities or equipment located within the Easement.
7-28-25
THIS DRAWING SHOULD BE USED ONLY AS A REPRESENTATION OF THE LOCATION OF THE EASEMENT BEING CONVEYED. THE EXACT LOCATION OF ALL STRUCTURES,
LINES AND APPURTENANCES IS SUBJECT TO CHANGE WITHIN THE BOUNDARIES OF THE RIGHT OF WAY HEREIN GRANTED SVP REF:
HGIT BASSETT CAMPUS LP
APN: 104-15-131
3550 BASSETT ST.
SANTA CLARA, CALIFORNIA 95054
EXHIBIT "A-5"
OVERHEAD ELECTRIC EASEMENT ACROSS:
HGIT BASSETT CAMPUS LP
3550 BASSETT ST.
SANTA CLARA, CALIFORNIA 95054
APN: 104-15-131
EASEMENT AREA: 5,700 SQ.FT. ±
REV: DATE: BY: CHK: APP:
SHEET: 1 of 2
0 SCALE: N/A GAB GHH JJC
DESCRIPTION:
The easterly 15.00 feet of the parcel of land conveyed in that certain Grant Deed recorded August 31, 2020 as Document No. 24594958, in the Office of the Recorder of Santa Clara County (ORSCC), herein after referred to as the Grantor's Parcel, located in the City of Santa Clara, County of Santa Clara, State of California, described as follows:
COMMENCING at a monument located at the centerline intersection of Bassett Street and Wyatt Drive; thence South 27°24'00" East 1,706.01 feet along the centerline of said Bassett Street to a monument located at the centerline intersection of said Bassett Street and Norman Avenue; thence South 27°24'00" East 343.43 feet continuing along said centerline (as shown on Page 2 of this Exhibit); thence South 62°36'00" West 30.00 feet to the westerly right-of-way of said Bassett Street and the POINT OF BEGINNING; thence South 27°24'00" East 376.49 feet along said westerly right-of-way to the southerly line of said Grantor's Parcel; thence South 62°55'42" West 15.00 along said southerly line; thence North 27°24'00" West 376.42 feet to the northerly line of said Grantor's Parcel; thence North 62°40'10" East 15.00 along said northerly line to the POINT OF BEGINNING. CONTAINING: 5,700 sq. ft., more or less.
CL MON
BASSETT STREET
WYATT DRIVE
CL MON
BASSETT STREET
NORMAN AVENUE
343.43' (TIE)
S 62°36'00" W
30.00' (TIE)
Basis of Bearings S 27°24'00" E
1,706.01' (TIE)
N 62°40'10" E
15.00'
POB
N 27°24'00" W 376.42'
S 62°55'42" W
15.00'
S 27°24'00" E 376.49'
15'
SCALE FEET
0 50 100
7-28-25
THIS DRAWING SHOULD BE USED ONLY AS A REPRESENTATION OF THE LOCATION OF THE EASEMENT BEING CONVEYED. THE EXACT LOCATION OF ALL STRUCTURES,
LINES AND APPURTENANCES IS SUBJECT TO CHANGE WITHIN THE BOUNDARIES OF THE RIGHT OF WAY HEREIN GRANTED PROJECT I.D. 11
HGIT BASSETT CAMPUS LP
APN: 104-15-131
SVP REF:
HGIT BASSETT CAMPUS LP
APN: 104-15-131
3550 BASSETT ST.
SANTA CLARA, CALIFORNIA 95054
EXHIBIT "A-5"
OVERHEAD ELECTRIC EASEMENT ACROSS:
HGIT BASSETT CAMPUS LP
3550 BASSETT ST.
SANTA CLARA, CALIFORNIA 95054
APN: 104-15-131
EASEMENT AREA: 5,700 SQ.FT. ±
REV: DATE: BY: CHK: APP:
SHEET: 2 of 2
0 SCALE: 1" = 50' GAB GHH JJC
BASSETT ST
ROADWAY PLATTED CENTERLINE
POWERLINE REFERENCE LINE
FOUND SURVEY MONUMENT
EASEMENT AREA
LEGEND
NORMAN AVE
WYATT DR
Resolution/Determining Public Interest and Necessity to Acquire Certain Real Property Interests Page 19 of 19 Rev: 7/27/2023
EXHIBIT B-5
3550 Bassett Street
Exhibit A-5 Description
[i] a 5,700 square foot permanent Easement in, on, over, along and across the real property described and depicted in Exhibit "A-5" ("Easement Area") for the purpose of constructing and reconstructing, installing, operating, inspecting, maintaining, repairing, removing and/or replacing overhead electrical transmission, distribution and/or communication systems, and appurtenances thereto, including a reasonable right of ingress and egress over adjoining lands of fee owner. In exercising said right of ingress and egress, easement holder shall, wherever practical, use existing roads and lanes across lands of fee owner, if such there be, and if not, by such route or routes as shall result in the least practicable inconvenience to fee owner and any occupants of fee owner's property.
The overhead system will consist of poles, wire supports, wires and conductors suspended from pole to pole, transformers and other equipment mounted on the poles, anchors, guy attachments, and other appurtenances.
Portions of the Easement Area may be used by the fee owner for driveway(s), landscaping (excluding trees), and parking, as will not interfere with the easement holder's use of the Easement. Any other use of the Easement Area by fee owner shall be subject to easement holder's express written consent and only after easement holder's review of plans and specifications and determination that such use will not interfere with its use of the Easement. Easement holder may trim any trees or remove any tree or structure which are in or adjacent to the Easement Area which, in easement holder's reasonable determination, interferes with its use of the Easement. Easement holder may trim any trees or remove any tree which is in or adjacent to the Easement Area which exceeds a height of 20 feet or poses a risk of falling onto the easement holder's facilities or equipment located within the Easement.
~ SILICON
~ VALLEY
POWER. rt TY Of S/IIHA CLAM
~ The Center of What's Possible
July 23, 2025
HGIT Bassett Campus LP
2800 Post Oak Blvd. Ste 2800
Houston, TX, 77056
Re: NRS-KRS 115kV Transmission Line Project
Property Address: 3508 Bassett Street, Santa Clara, CA 95054 APN: 104-15-128
Dear Sir/Madam:
As you know, the City of Santa Clara ("City") has approved plans to construct its new 115 kilovolt (kV) overhead transmission line from the Northern Receiving Station (NRS) to Kifer Receiving Station (KRS) Project ("Project"). In order to construct the Project, the City requires an overhead electric easement from you at the property located at 3508 Bassett Street, Santa Clara, CA 95054 ("Property'').
We have not come to an agreement for a voluntary sale of these easement rights; therefore, the City Council will hold a hearing and consider adopting a Resolution of Necessity. If adopted, the Resolution of Necessity functions as a declaration that public use and necessity requires the acquisition of an overhead electric easement on the Property for the Project. To that end, please find enclosed a Notice of Intention to Adopt Resolution of Necessity, stating that the hearing before the City Council is scheduled for August 19, 2025. If you wish to appear at the hearing and address the City Council, please complete the enclosed Request to be Heard and return it to the City Clerk in advance of the hearing.
Sincerelyl
Nico Procos
Director of Silicon Valley Power
1500 Warb1;rton Avenue Santa Clara CA 95050 • 408-615-6600 Fax 408-249-02 l 7 • www sillconvalleypow~r com
CITY OF SANTA CLARA NOTICE OF INTENTION
TO ADOPT RESOLUTION OF NECESSITY TO ACQUIRE
REAL PROPERTY INTEREST FOR NRS~KRS 115KV TRANSMISSION LINE
PROJECT
YOU ARE HEREBY NOTIFIED, pursuant to Section 1245.235 of the California Code of Civil Procedure, that the City of Santa Clara intends to consider adoption of a Resolution of Necessity to Condemn Interest in Real Property for a new 115 kilovolt (kV) ovefhead transmission line from the Northern Receiving Station (NRS) to Kifer Receiving Station (KRS) Project (Project). The interest to be acquired is an Overhead Electric Easement as described and depicted in Exhibit A and Exhibit B.
NOTICE IS FURTHER GIVEN, that on August 19, 2025 at 7:00 p.m. or as soon thereafter as the matter can be heard, at the City Council Chambers, City Hall, 1500 Warburton Ave. Santa Clara, California, the City Council will hear all protests in relation to the adoption of the proposed Resolution of Necessity authorizing the filing of eminent domain proceedings for the acquisition of the Overhead Electric Easement as described above.
At said hearing, the City Council may establish the following:
1. The public interest and necessity require the Project.
2. The Project is planned or located in the manner that will be the most compatible with the greatest public good and the least private injury.
3. The property sought to be acquired is necessary for the Project.
4. The environmental review required by law has been prepared and adopted.
5. The offer required by Section 7267.2 of the Government Code has been made to the owner(s) of record for the full amount established as the fair market value of the property.
YOU ARE HEREBY NOTIFIED that you may appear at the hearing and be heard on Items 1, 2, 3, 4, and 5 above only. If you wish to appear and be heard on these matters, please submit a written request within fifteen days of the date of mailing of this notice. Please direct any such requests to:
City Clerk
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
The enclosed "Request to be Heard" form may be used which is attached hereto as Exhibit C. Failure to file a written request to appear and be heard within fifteen days SCLA-56S98\2334874.1
after the mailing of this Notice may result in a waiver of your right to be heard. (California Code of Civil Procedure Section 1245.235(b)(3).) Sincerelyr
Nico Procos
Director of Silicon Valley Power
SCIA-56598\2334874.l
DESCRIPTION:
EXHIBIT A
EXHIBIT "A"
OVERHEAD ELECTRIC EASEMENT ACROSS:
HGIT BASSETT CAMPUS LP
3508 BASSETT ST.
SANTA CLARA, CALIFORNIA 95054
APN: 104-15-128
EASEMENT AREA: 3,800 SQ.FT. ±
SVP REF:
The easterly 15.00 feet of the parcel of land conveyed in that certain Grant Deed recorded August 31, 2020 as Document No. 24594958, in the Office of the Recorder of Santa Clara County (ORSCC), herein after referred to as the Grantor's Parcel, located in the City of Santa Clara, County of Santa Clara. State of California, described as follows:
COMMENCING at a monument located at the centerline intersection of Bassett Street and Wyatt Drive; thence South 27°24'00~ East 1,706.01 feet along the centerline of said Bassett Street to a monument located at the centerline intersection of said Bassett Street and Norman Avenue; thence South 27°24'00" East 1,308.49 feet continuing along said centerline (as shown on Page 2 of this Exhibit); thence South 62°36'00" West 30.00 feet to the westerly right-of-way of said Bassett Street and the POINT OF BEGINNING; thence South 27°24'00" East 250.07 feet along said westerly right-of-way to the southerly line of said Grantor's Parcel; thence South 62°37'40" West 15.00 along said southerly line; thence North 27°24'00" West 250.06 feet to the northerly line of said Grantor's Parcel; thence North 62°36'24" East 15.00 along said northerly line to the POINT OF BEGINNING.
CONTAINING: 3,800 sq. ft., more or less.
THIS OIIAWIN(i S'10\JI.O BE USED ONL y AS ,. REPRESE"1",. TI0f,j OF ™E LOCA TlON OF THE EASEMENT BEING <:OINEYEO Tl1E e,c,.cr LOCATION OF ALL STl'IUCTLRES, LINES AHO APPURTENANCES IS SUEIJECT 10 CHANG£ WITHIN TliE BOIJNDAAlES OF TliE RIGKT OF W,.V HEREIN CAAN?l!D
HGIT BASSETT CAMPUS LP
APN: 104-15-128
3508 BASSETT ST.
SANTA CLARA, CALIFORNIA 95054 SHEET: 1 of2
SCLA•S6598\2334874,l
EXHIBIT "A"
OVERHEAD ELECTRIC EASEMENT ACROSS:
SCALE FEET
0 eo
LEGEND
HGIT BASSETT CAMPUS LP
3508 BASSETT ST.
SANT A CLARA, CALIFORNIA 95054
APN: 104-15-128
EASEMENT AREA: 3,800 SQ.FT. ±
o"' ... ~~----
CLMON
BASSETT STREET
WYATT DRIVE
.. ~E,
~►·---- •fr
CL MON
BASSETT STREET
NORMAN AVENUE
OJECT I.D. 15
HGIT BASSETT CAMPUS LP
APN: 104-15-128
1 _______ 1EASEMENTAREA
-_:::-_-_-_ ROADWAY PLATTED CENTERLINE
1---~ POWERUNE REFERENCE LINE
~ FOUND SURVEY MONUMENT
•
SVP REF:
j
I
\
n<IS DAAWll,G SHOIJLO BE USED ONI. Y AS />. REPRESENT/>. TION OF THE LOCA TIOH OF THE E/>.SEl,!ENT BEING CONVEY'E O n<E EXACT LOCATION OF />.LL .STJIUCT\JRES.
LINE.$ />.NO .u>!>(JRTEN,1.NCES 1$ SUBJECT TO CHANGE WITHIN THE IIOUNOAAJES OF Tl<E RIGtfl OF WAY HEREIN Giu.NTEO SCALE: 1•: 80'
UHTIICAl
COIUlTUH llt
HGIT BASSETT CAMPUS LP
APN: 104-15-128
3508 BASSETT ST. SALT LAKE CITY, UTAH SANTA CLARA, CALIFORNIA 95054 SHEET:2of2 SCLA-56598\233487 4.1
EXHIBIT B
Exhibit A Description
[i] a 3,800 square foot permanent Easement in, on, over, along and across the real property described and depicted in Exhibit "A" ("Easement Area") for the purpose of constructing and reconstructing, installing, operating, inspecting, maintaining, repairing, removing and/or replacing overhead electrical transmission, distribution and/or communication systems, and appurtenances thereto, including a reasonable right of ingress and egress over adjoining lands of fee owner. In exercising said right of ingress and egress, easement holder shall, wherever practical, use existing roads and lanes across lands of fee owner, if such there be, and if not, by such route or routes as shall result in the least practicable inconvenience to fee owner and any occupants of fee owner's property.
The overhead system will consist of poles, wire supports, wires and conductors suspended from pole to pole, transformers and other equipment mounted on the poles, anchors, guy attachments, and other appurtenances.
Portions of the Easement Area may be used by the fee owner for driveway(s), landscaping (excluding trees), and parking, as will not interfere with the easement holder's use of the Easement. Any other use of the Easement Area by fee owner shall be subject to easement holder's express written consent and only after easement holder's review of plans and specifications and determination that such use will not interfere with its use of the Easement. Easement holder may trim any trees or remove any tree or structure which are in or adjacent to the Easement Area which, in easement holder's reasonable determination, interferes with its use of the Easement. Easement holder may trim any trees or remove any tree which is in or adjacent to the Easement Area which exceeds a height of 20 feet or poses a risk of falling onto the easement holder's facilities or equipment located within the Easement.
SCLA-56598\2334874-.l
EXHIBIT C
REQUEST TO BE HEARD
Date: ____ ,, 2025
To: Nora Pimentel, Assistant City Clerk
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Dear Sir/Madam:
The undersigned hereby requests the opportunity to be heard on the City of Santa Clara's Notice of Intention to Adopt Resolution of Necessity to Condemn Real Property, set for the agenda of August 19, 2025.
SCI..A-56598\2334874.l
Sincerely,
Signed:
Print Name:
Address:
.~ SIUCON
~,VALLEY
POWER. CJTY OF SAHTA CIARA
~ The Center of What's Possible
July 23, 2025
HGIT Bassett Campus LP
2800 Post Oak Blvd. Ste 2800
Houston, TX, 77056
Re: NRS·KRS 11 SkV Transmission Line Project
Property Address: 3520 Bassett Street, Santa Clara, CA 95054 APN: 104-15-134
Dear Sir/Madam:
As you know, the City of Santa Clara ("City") has approved plans to construct its new 115 kilovolt (kV) overhead transmission line from the Northern Receiving Station (NRS) to Kifer Receiving Station (KRS) Project ("Project"). In order to construct the Project, the City requires an overhead electric easement from you at the property located at 3520 Bassett Street, Santa Clara, CA 95054 ("Property").
We have not come to an agreement for a voluntary sale of these easement rights; therefore, the City Council will hold a hearing and consider adopting a Resolution of Necessity. If adopted, the Resolution of Necessity functions as a declaration that public use and necessity requires the acquisition of an overhead electric easement on the Property for the Project. To that end, please find enclosed a Notice of Intention to Adopt Resolution of Necessity, stating that the hearing before the City Council is scheduled for August 19, 2025. If you wish to appear at the hearing and address the City Council, please complete the enclosed Request to be Heard and return it to the City Clerk in advance of the hearing.
Sincerely,
Nico ~ Procos
Director of Silicon Valley Power
1500 Warbt1rtori Avenue Santa Clara CA 95050 • 408-615-6600 Fax 408-249-0217• www_siliconvalleypower corn
CITY OF SANTA CLARA NOTICE OF INTENTION
TO ADOPT RESOLUTION OF NECESSITY TO ACQUIRE
REAL PROPERTY INTEREST FOR NRS-KRS 11 SKV TRANSMISSION LINE
PROJECT
YOU ARE HEREBY NOTIFIED, pursuant to Section 1245.235 of the California Code of Civil Procedure, that the City of Santa Clara intends to consider adoption of a Resolution of Necessity to Condemn Interest in Real Property for a new 115 kilovolt (kV) overhead transmission line from the Northern Receiving Station (NRS) to Kifer Receiving Station (KRS) Project (Project). The interest to be acquired is an Overhead Electric Easement as described and depicted in Exhibit A and Exhibit B.
NOTICE IS FURTHER GIVEN, that on August 19, 2025 at 7:00 p.m. or as soon thereafter as the matter can be heard, at the City Council Chambers, City Hall, 1500 Warburton Ave. Santa Clara, California, the City Council will hear all protests in relation to the adoption of the proposed Resolution of Necessity authorizing the filing of eminent domain proceedings for the acquisition of the Overhead Electric Easement as described above.
At said hearing, the City Council may establish the following:
1. The public interest and necessity require the Project.
2. The Project is planned or located in the manner that will be the most compatible with the greatest public good and the least private injury.
3. The property sought to be acquired is necessary for the Project.
4. The environmental review required by law has been prepared and adopted.
5. The offer required by Section 7267 .2 of the Government Code has been made to the owner(s) of record for the full amount established as the fair market value of the property.
YOU ARE HEREBY NOTIFIED that you may appear at the hearing and be heard on Items 1, 2, 3, 4, and 5 above only. If you wish to appear and be heard on these matters, please submit a written request within fifteen days of the date of mailing of this notice. Please direct any such requests to:
City Clerk
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
The enclosed "Request to be Heard" form may be used which is attached hereto as Exhibit C. Failure to file a written request to appear and be heard within fifteen days SClA-56598\2334874.1
after the mailing of this Notice may result in a waiver of your right to be heard. (California Code of Civil Procedure Section 1245.235(b)(3).) Sincerely,
?/2
Nico Procos
Director of Silicon Valley Power
SCLA-56598\2334874.1
DESCRIPTION:
EXHIBIT A
EXHIBIT "A"
OVERHEAD ELECTRIC EASEMENT ACROSS:
HGIT BASSETT CAMPUS LP
3520 BASSETT ST.
SANTA CLARA, CALIFORNIA 95054
APN: 104-15-134
EASEMENT AREA: 3,900 SQ.FT. ±
SVP REF:
The easterly 15.00 feet of the parcel of land conveyed in that certain Grant Deed recorded August 31, 2020 as Document No. 24594958, in the Office of the Recorder of Santa Clara County (ORSCC ), herein after referred to as the Grantor's Parcel, located in the City of Santa Clara, County of Santa Clara, State of California, described as follows:
COMMENCING at a monument located at the centerline intersection of Bassett Street and Wyatt Drive; thence South 27°24'00"' East 1,706.01 feet along the centerline of said Bassett Street to a monument located at the centerline intersection of said Bassett Street and Norman Avenue; thence South 27"24'00" Easl 1,051 .80 feet continuing along said centerline (as shown on Page 2 of this Extiibit); thence South 62"36'00" West 30.00 feet to the westerly right-of-way of said Bassett Street and the POINT OF BEGINNING; thence South 27°24'00" East 256.69 feet along said westerly right-of-way to the southerly line of said Grantor's Parcel; thence South 62°36'24" West 15.00 along said southerly line: thence North 27°24'00"' West 256.69 feet to the northerly line of said Grantor's Parcel; thence North 62°36'00" East 15.00 along said northerly line to the POINT OF BEGINNING.
CONTAINING: 3,900 sq. ft., more or less.
• THIS DFU-WING SHDIJlD 8E USED ONLY AS A REPRE~Nl"ATION 0• lHE LOCIITION OF THE E"5EMEN1" l!-El~G CO,NEYEO Tl<E EXACT LOC-'TION OF ALL STJIUCT\IRES.
WNES ANO ,.PPURTENAAces ,s Sl/8JEC1 TO CHANGE WITHIN TI<E BOU~OARIES Of lHE RIGHT OF WAY HEREIN CIW<TED SCALE: NIA
l
UCTIICAl
UlllllU llt
HGIT BASSETT CAMPUS LP
APN: 104-15-134
3520 BASSETT ST.
SANTA CLARA, CALIFORNIA 95054 SHEET: 1 of2
SCLA-56598\2334874.l
SCAlE
EXHIBIT "A"
OVERHEAD ELECTRIC EASEMENT ACROSS:
HGIT BASSETT CAMPUS LP
3520 BASSETT ST.
SANTA CLARA, CALIFORNIA 95054
APN: 104-15-134
EASEMENT AREA: 3,900 SQ.FT. r
of.
..rt~~-
CLMON
BASSETT STREET
WYATT DRIVE
,ai. ~,.,'(\,_,,
"~ CL MON
BASSETT STREET
NORMAN AVENUE
/ N~"36'00" E
15.00'
.
PROJECT I.D. 14
HGIT BASSETT CAMPUS LP
APN: 104•15•134
LEGEND
•• ~ ______ _.I EASEMENT AREA
-===== ROADWAY PLATTED CENTERLINE ~ POWERLINE REFERENCE LINE ---..:,r FOUNO SURVEY MONUMENT
SVP REF:
\
n<IS OAAW!NG SHOULD 8£ USED ONLY J.S A REPRESENT A nON OF n<E L0CA nON OF Tl<E EASEMENT 8EING CONVEYED l><E EXACHOCA TION OF ALL STRUCTIJRES, LINES AND .-Pl'URTENANCES IS SUBJECT TO CHANGE Wll><IN THE 80UNOARIES OF Tl<E RIGHT OF WAY HEREIN GRANTED HHJIICAl
COIUlJUll llt
SALT LAKE CITY, UTAH
SCIA-56598\2334874.1
SCALE: 1" = 80'
HGIT BASSETT CAMPUS LP
APN: 104-15-134
3520 BASSETT ST.
SANTA CLARA, CALIFORNIA 95054
BV·GAB CHK: GH APP· JJC
S11.1 < >t--:
\!,\LI f't
p \ CR
SHEET: 2of 2
EXHIBIT B
Exhibit A Description
(i] a 3,900 square foot permanent Easement in, on, over, along and across the real property described and depicted in Exhibit "A" ("Easement Area") for the purpose of constructing and reconstructing, installing, operating, inspecting, maintaining, repairing, removing and/or replacing overhead electrical transmission, distribution and/or communication systems, and appurtenances thereto, including a reasonable right of ingress and egress over adjoining lands of fee owner. In exercising said right of ingress and egress, easement holder shall, wherever practical, use existing roads and lanes across lands of fee owner, if such there be, and if not, by such route or routes as shall result in the least practicable inconvenience to fee owner and any occupants of fee owner's property.
The overhead system will consist of poles, wire supports, wires and conductors suspended from pole to pole, transformers and other equipment mounted on the poles, anchors, guy attachments, and other appurtenances.
Portions of the Easement Area may be used by the fee owner for driveway(s), landscaping (excluding trees), and parking, as will not interfere with the easement holder's use of the Easement. Any other use of the Easement Area by fee owner shall be subject to easement holder's express written consent and only after easement holder's review of plans and specifications and determination that such use will not interfere with its use of the Easement. Easement holder may trim any trees or remove any tree or structure which are in or adjacent to the Easement Area which, in easement holder's reasonable determination, interferes with its use of the Easement. Easement holder may trim any trees or remove any tree which is in or adjacent to the Easement Area which exceeds a height of 20 feet or poses a risk of falling onto the easement holder's facilities or equipment located within the Easement.
SClA-56598\2334874.1
Date: --- - - 2025
EXHIBIT C
REQUEST TO BE HEARD
To: Nora Pimentel, Assistant City Clerk
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Dear Sir/Madam:
The undersigned hereby requests the opportunity to be heard on the City of Santa Clara's Notice of Intention to Adopt Resolution of Necessity to Condemn Real Property, set for the agenda of August 19, 2025.
SClA-56598\2334874.1
Sincerely,
Signed:
Print Name:
Address:
-~ SILICON
~ V ALLEY
PovvER. Cll"I' Of<iAl<TA CIAM
~ The Center of What's Possible
July 23, 2025
HGIT Bassett Campus LP
2800 Post Oak Blvd. Ste 2800
Houston, TX, 77056
Re: NRS-KRS 11 SkV Transmission Line Project
Property Address: 3530 Bassett Street, Santa Clara, CA 95054 APN: 104-15-133
Dear Sir/Madam:
As you know, the City of Santa Clara ("City") has approved plans to construct its new 115 kilovolt (kV) overhead transmission line from the Northern Receiving Station (NRS) to Kifer Receiving Station (KRS) Project ("Project"). In order to construct the Project, the City requires an overhead electric easement from you at the property located at 3530 Bassett Street, Santa Clara, CA 95054 ("Property").
We have not come to an agreement for a voluntary sale of these easement rights; therefore, the City Council will hold a hearing and consider adopting a Resolution of Necessity. If adopted, the Resolution of Necessity functions as a declaration that public use and necessity requires the acquisition of an overhead electric easement on the Property for the Project. To that end, please find enclosed a Notice of Intention to Adopt Resolution of Necessity, stating that the hearing before the City Council is scheduled for August 19, 2025. If you wish to appear at the hearing and address the City Council, please complete the enclosed Request to be Heard and return it to the City Clerk in advance of the hearing.
Sincerely,
q~
Nico Procos
Director of Silicon Valley Power
I 500 Warburton Avenue Santa Clara. CA 95050 • 408-615-6600 · Fax '108-249-02.17 • www siHconvalleypower com
CITY OF SANTA CLARA NOTICE OF INTENTION
TO ADOPT RESOLUTION OF NECESSITYTO ACQUIRE
REAL PROPERTY INTEREST FOR NRS-KRS 115KV TRANSMISSION LINE
PROJECT
YOU ARE HEREBY NOTIFIED, pursuant to Section 1245.235 of the California Code of Civil Procedure, that the City of Santa Clara intends to consider adoption of a Resolution of Necessity to Condemn Interest in Real Property for a new 115 kilovolt (kV) overhead transmission line from the Northern Receiving Station (NRS) to Kifer Receiving Station (KRS) Project (Project). The interest to be acquired is an Overhead Electric Easement as described and depicted in Exhibit A and Exhibit B.
NOTICE IS FURTHER GIVEN, that on August 19, 2025 at 7:00 p.m. or as soon thereafter as the matter can be heard, at the City Council Chambers, City Hall, 1500 Warburton Ave. Santa Clara, California, the City Council will hear all protests in relation to the adoption of the proposed Resolution of Necessity authorizing the filing of eminent domain proceedings for the acquisition of the Overhead Electric Easement as described above.
At said hearing, the City Council may establish the following:
1. The public interest and necessity require the Project.
2. The Project is planned or located in the manner that will be the most compatible with the greatest public good and the least private injury.
3. The property sought to be acquired is necessary for the Project.
4. The environmental review required by law has been prepared and adopted.
5. The offer required by Section 7267.2 of the Government Code has been made to the owner(s) of record for the full amount established as the fair market value of the property.
YOU ARE HEREBY NOTIFIED that you may appear at the hearing and be heard on Items 1, 2, 3, 4, and 5 above only. If you wish to appear and be heard on these matters, please submit a written request within fifteen days of the date of mailing of this notice. Please direct any such requests to:
City Clerk
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
The enclosed 11Request to be Heard'' form may be used which is attached hereto as Exhibit C. Failure to file a written request to appear and be heard within fifteen days SCI.A-56598\2334874.1
after the mailing of this Notice may result in a waiver of your right to be heard. (California Code of Civil Procedure Section 1245.235(b)(3).) Sincerely,
Nico Procos
Director of Silicon Valley Power
SClA-S6S98\2334874. l
DESCRIPTION:
EXHIBIT A
EXHIBIT "A"
OVERHEAD ELECTRIC EASEMENT ACROSS:
HGIT BASSETT CAMPUS LP
3530 BASSETT ST.
SANTA CLARA, CALIFORNIA 95054
APN: 104-15-133
EASEMENT AREA: 3,900 SQ.FT. ±
SVP REF:
The easterly 15.00 feet of the parcel of land conveyed in that certain Grant Deed recorded August 31, 2020 as Document No. 24594958, in the Office of the Recorder of Santa Clara County (ORSCC), herein after referred to as the Grantor's Parcel, located in the City of Santa Clara, County of Santa Clara, State of California, described as follows:
COMMENCING at a monument located at the centerline intersection of Bassett Street and Wyatt Drive: thence South 27"24'00" East 1,706.01 feet along the centerline of said Bassett Street to a monument located at the centerline intersection of said Bassett Street and Norman Avenue; thence South 27°24'00" East 795.11 feet continuing along said centerline (as shown on Page 2 of this Exhibit); thence South 62°36'00" West 30.00 feet to the westerly right-of-way of said Bassett Street and the POINT OF BEGINNING; thence South 27°24'00" East 256.68 feet along said westerly right-of-way to the southerly line of said Grantor's Parcel; thence South 62°36'00" West 15.00 along said souther1y line; thence North 27"24'00" West 256.60 feet to the northerly line of said Grantor's Parcel; thence North 62°17'06" East 15.00 along said northerly line to the POINT OF BEGINNING.
CONTAINING: 3,900 sq. ft., more or less.
I THIS llRAl'AI\IG 5 ,.0l;lO Bf USED ONLY AS I\REPIIESE!ffATION OF'THE lo<:ATION OF THE EASEMENT BEING CONVf.YEO. l><E EMCT LOCI\TION OF All STRUCTURES, u~es .. ,o APPIJRnAAHCES ,s S\JBJECT TO Cl<M~ Wil'HN THE BOO~OAAJES Of Tl<E RIGHT OF WAY HEREIN GRANTED REV: 0 DATE: 2-7-25 SCALE: N/A BY:GAB CHK: GHH APP: JJC t l.t CT 11 C 'l HGIT BASSETT CAMPUS LP s,u . ' ' ft APN: 104-15-133 \!..\L LEY COUllUlll llt 3530 BASSETT ST. p \VER tl'TV Of 'Y'ITA CLAR.A SANTA CLARA, CALIFORNIA 95054 SAlT LAKE CITY, UTAH
SHEET: 1 of2
SCLA-56598\;1334874.1
SCAIF
6 CTJ J,
EXHIBIT "A"
OVERHEAD ELECTRIC EASEMENT ACROSS:
HGIT BASSETT CAMPUS LP
3530 BASSETT ST.
SANTA CLARA, CALIFORNIA 95054
APN: 104-15-133
EASEMENT AREA: 3,900 SQ.FT. t
0 ..
~•<'.,., ~CLMON
BASSETT STREET
1/1/Y A TT DRIVE
►"~ ~►"✓ "~ CL MON
BASSETT STREET
NORMAN AVENUE
. l
B
S 62°36'00" W
0.00' (TIE)
S 62°17'06" W \
/ 15.00' •
~
\
'!A
\
PROJECT I.D. 1 3
HGIT BASSETT CAMPUS LP
APN= 104-15-133
LEGEND
1 _______ 1EASEMENTAREA
- ::::: ROADWAY PLA TTEO CENTERLINE
~ POWERLINE REFERENCE LINE
,_,,- FOLINO SURVEY MONUMENT
SVP REF:
\
\
TtilS DRAWING St10Ul0 BE USED ONLY I'S A REPRESENT~TION OF THE lOCAIION OF IHE EASEMENT BEING CONVEYED THE EXACT lOCATION Of All STRUCTURES.
LlN£S ANO APPURIENANCES IS SUBJECT 10 CHANGE WITHIN THE 80UNOAAIES OF !HE RIGHT OF WAY tiERE IN GRANTED SCALE: 1·: 80"
HHTIICAl
COUIIIUU llt
HGIT BASSETT CAMPUS LP
APN: 104-15-133
3530 BASSETT ST. SALT U.KE CITY, UTAH SANTA CLARA, CALIFORNIA 95054 SHEET: 2 of 2 SCLA-56598\2334874.l
EXHIBIT'B
Exhibit A Description
[i] a 3,900 square foot permanent Easement in, on, over, along and across the real property described and depicted in Exhibit "A" ("Easement Area") for the purpose of constructing and reconstructing, installing, operating, inspecting, maintaining, repairing, removing and/or replacing overhead electrical transmission, distribution and/or communication systems, and appurtenances thereto, including a reasonable right of ingress and egress over adjoining lands of fee owner. In exercising said right of ingress and egress, easement holder shall, wherever practical, use existing roads and lanes across lands of fee owner, if such there be, and if not, by such route or routes as shall result in the least practicable inconvenience to fee owner and any occupants of fee owner's property.
The overhead system will consist of poles, wire supports, wires and conductors suspended from pole to pole, transformers and other equipment mounted on the poles, anchors, guy attachments, and other appurtenances.
Portions of the Easement Area may be used by the fee owner for driveway(s), landscaping (excluding trees), and parking, as will not interfere with the easement holder's use of the Easement. Any other use of the Easement Area by fee owner shall be subject to easement holder's express written consent and only after easement holder's review of plans and specifications and determination that such use will not interfere with its use of the Easement. Easement holder may trim any trees or remove any tree or structure which are in or adjacent to the Easement Area which, in easement holder's reasonable determination, interferes with its use of the Easement. Easement holder may trim any trees or remove any tree which is in or adjacent to the Easement Area which exceeds a height of 20 feet or poses a risk of falling onto the easement holder's facilities or equipment located within the Easement.
SCI.A-56598\2334874,1
Date: _____ , 2025
EXHIBITC
REQUEST TO BE HEARD
To: Nora Pimentel, Assistant City Clerk
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Dear Sir/Madam:
The undersigned hereby requests the opportunity to be heard on the City of Santa Clara's Notice of Intention to Adopt Resolution of Necessity to Condemn Real Property, set for the agenda of August 19, 2025.
SCtA-56598\2334874. l
Sincerely,
Signed:
Print Name:
Address;
..A.5ILICON
~ \/,\LLEY
POWER.
~ The Center of What's Possible
July 23, 2025
HGIT Bassett Campus LP
2800 Post Oak Blvd. Ste 2800
Houston, TX, 77056
Re: NRS~KRS 115kV Transmission Line Project
Property Address: 3540 Bassett Street, Santa Clara, CA 95054 APN: 104-15-132
Dear Sir/Madam:
As you know, the City of Santa Clara ("City") has approved plans to construct its new 115 kilovolt (kV) overhead transmission line from the Northern Receiving Station (NRS) to Kifer Receiving Station (KRS) Project ("Project"). In order to construct the Project, the City requires an overhead electric easement from you at the property located at 3540 Bassett Street, Santa Clara; CA 95054 ("Property").
We have not come to an agreement for a voluntary sale of these easement rights; therefore, the City Council will hold a hearing and consider adopting a Resolution of Necessity. If adopted, the Resolution of Necessity functions as a declaration that public use and necessity requires the acquisition of an overhead electric easement on the Property for the Project. To that end, please find enclosed a Notice of Intention to Adopt Resolution of Necessity, stating that the hearing before the City Council is scheduled for August 19, 2025. If you wish to appear at the hearing and address the City Council, please complete the enclosed Request to be Heard and return it to the City Clerk in advance of the hearing.
Sincerely,
Nico Procos
Director of Silicon Valley Power
1500 Warburt-on Avenue Santa Clora, CA 95050 • 40&615 6600 Fax 408 249-0217· www- s11iconvalleypower com
CITY OF SANTA CLARA NOTICE OF INTENTION
TO ADOPT RESOLUTION OF NECESSITY TO ACQUIRE
REAL PROPERTY INTEREST FOR NRS-KRS 115KV TRANSMISSION LINE
PROJECT
YOU ARE HEREBY NOTIFIED, pursuant to Section 1245.235 of the California Code of Civil Procedure, that the City of Santa Clara intends to consider adoption of a Resolution of Necessity to Condemn Interest in Real Property for a new 115 kilovolt (kV) overhead transmission line from the Northern Receiving Station (NRS) to Kifer Receiving Station (KRS) Project (Project). The interest to be acquired is an Overhead Electric Easement as described and depicted in Exhibit A and Exhibit 8.
NOTICE IS FURTHER GIVEN, that on August 19, 2025 at 7:00 p.m. or as soon thereafter as the matter can be heard, at the City Council Chambers, City Hall, 1500 Warburton Ave. Santa Clara, California, the City Council will hear all protests in relation to the adoption of the proposed Resolution of Necessity authorizing the filing of eminent domain proceedings for the acquisition of the Overhead Electric Easement as described above.
At said hearing, the City Council may establish the following:
1. The public interest and necessity require the Project.
2. The Project is planned or located in the manner that will be the most compatible with the greatest public good and the least private injury.
3. The property sought to be acquired is necessary for the Project.
4. The environmental review required by law has been prepared and adopted.
5. The offer required by Section 7267.2 of the Government Code has been made to the owner(s) of record for the full amount established as the fair market value of the property.
YOU ARE HEREBY NOTIFIED that you may appear at the hearing and be heard on Items 1, 2, 3, 4, and 5 above only. If you wish to appear and be heard on these matters, please submit a written request within fifteen days of the date of mailing of this notice. Please direct any such requests to:
City Clerk
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
The enclosed "Request to be Heard" form may be used which is attached hereto as Exhibit C. Failure to file a written request to appear and be heard within fifteen days SClA0 S6598\2334874.1
after the mailing of this Notice may result in a waiver of your right to be heard. (California Code of Civil Procedure Section 1245.235(b)(3).) Sincerely,
Nico Procos
Director of Silicon Valley Power
SCLA-56598\2334874.1
DESCRIPTION:
EXHIBIT A
EXHIBIT "A"
OVERHEAD ELECTRIC EASEMENT ACROSS:
HGIT BASSETT CAMPUS LP
3540 BASSETT ST.
SANTA CLARA, CALIFORNIA 95054
APN: 104-15-132
EASEMENT AREA: 1,200 SQ.FT. ±
SVP REF:
The easterly 15 .00 feet of the parcel of land conveyed in that certain Grant Deed recorded August 31, 2020 as Document No. 24594958, in the Office of the Recorder of Santa Clara County (ORSCC), herein after referred to as the Grantor's Parcel, located in the City of Santa Clara, County of Santa Clara, State of Catifomia, described as follows:
COMMENCING at a monument located at the centerline intersection of Bassett Street and Wyatt Drive; thence South 27°24'00" East 1,706.01 feet along the centerline of said Bassett Street to a monument located at the centerline intersection of said Bassett Street and Norman Avenue; thence South 27°24'00" East 719.92 feet continuing along said centerline (as shown on Page 2 of this Exhibit); thence South 62°36'00" West 30.00 feet to the westerly right-of-way of said Bassett Street and the POINT OF BEGINNING; thence South 27°24'00" East
75.19 feet along said westerly right-of-way to the southerly line of said Grantor's Parcel; thence South 62°17'06" West 15.00 along said southerly line; thence North 27°24'00" West 75.36 feet to the northerly line of said Grantor's Parcel; thence North 62°55'42" East 15.00 along said northerly line to the POINT OF BEGINNING.
CONTAINING: 1,200 sq. ft., more or less.
THIS DRAWING SHOutO IN: USEC ONLY AS A REPAES€NTAT10N OF THE LOCATIOH OF THE EASEMEl(f IIEING,i:OHVEYED Tl1E EXACT LOCATION OF ALL STRUCT\JRl:S.
LINES ANO APPlJRTEkANCES IS SUB.ECT TO CHANGE WITHIN THE BOUNOAAIES OF THE RIGHT OF WAY IN GRAHTEO ,
EUClllCAl
coumuu 11t
SALT LAKE CITY, UTAH
SCLA-56598\ 2334874.1
SCALE:
HGIT BASSETT CAMPUS LP
APN: 104-15-132
3540 BASSETT ST.
SANT A CLARA, CALIFORNIA 95054
NIA BY:AGD CHK: GH APP: JJC
511 I .
Vt\11n
p \ LR
SHEET: 1 of 2
EXHIBIT "A"
OVERHEAD ELECTRIC EASEMENT ACROSS:
HGIT BASSETT CAMPUS LP
3540 BASSETT ST.
SANTA CLARA, CALIFORNIA 95054
APN: 104-15-132
EASEMENT AREA: 1,200 SQ.FT. ±
N 62°55'42" E
15.00'
SVP REF:
.D. 12
HGIT BASC.C'T"T CAMPUS LP
: 104-15-132 ---
LEGEND
, ______ __.IEASEMENTAREA
- ~ ~----_ ROADWAY PlATTEO CENTERLINE
~ POWERLINE REFERENCE LINE
'lfF FOUND SURVEY MONUMENT
THlS ORAWlNG S~OIILO 8E USED ONLY AS A REPRESENTATION OF THE LOCATION OF THE EASEMENT BEING CONVEYED, THE EXACT LOCATION OF ALL STRUCT\JRES, llNE$ Al<O Al'P\JRTEtlA.,tES IS SUBJECT TO CHANGE WITHIN THE 80UNOAA!ES Of TH RIGl<T Of WAY HERE N GRA!rnaO HHTIICAl
COISllUITl llt
SALT LAKE: CITY, UTAH
SCLA-56598\2334874.l
SCALE: 1• = 60'
HGIT BASSETT CAMPUS LP
APN: 104-15-132
3540 BASSETT ST.
SANTA CLARA, CALIFORNIA 95054 SHEET: 2of2
EXHIBIT B
Exhibit A Description
[i] a 1,200 square foot permanent Easement in, on, over, along and across the real property described and depicted in Exhibit "A" ("Easement Area") for the purpose of constructing and reconstructing, installing, operating, inspecting, maintaining, repairing, removing and/or replacing overhead electrical transmission, distribution and/or communication systems, and appurtenances thereto, including a reasonable right of ingress and egress over adjoining lands of fee owner. In exercising said right of ingress and egress, easement holder shall, wherever practical, use existing roads and lanes across lands of fee owner, if such there be, and if not, by such route or routes as shall result in the least practicable inconvenience to fee owner and any occupants of fee owner's property.
The overhead system will consist of poles, wire supports, wires and conductors suspended from pole to pole, transformers and other equipment mounted on the poles, anchors, guy attachments, and other appurtenances.
Portions of the Easement Area may be used by the fee owner for driveway(s), landscaping (excluding trees), and parking, as will not interfere with the easement holder's use of the Easement. Any other use of the Easement Area by fee owner shall be subject to easement holder's express written consent and only after easement holder's review of plans and specifications and determination that such use will not interfere with its use of the Easement. Easement holder may trim any trees or remove any tree or structure which are in or adjacent to the Easement Area which, in easement holder's reasonable determination, interferes with its use of the Easement. Easement holder may trim any trees or remove any tree which is in or adjacent to the Easement Area which exceeds a height of 20 feet or poses a risk of falling onto the easement holder's facilities or equipment located within the Easement.
SClA·S6598\2334874. l
Date: ----~ 2025
EXHIBIT C
REQUEST TO BE HEARD
To: Nora Pimentel, Assistant City Clerk
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Dear Sir/Madam:
The undersigned hereby requests the opportunity to be heard on the City of Santa Clara's Notice of Intention to Adopt Resolution of Necessity to Condemn Real Property, set for the agenda of August 19, 2025.
SClA-56598\2334874.l
Sincerely,
Signed:
Print Name:
Address:
.... ~ lllCON
~ VALLEY
PovVER.
-~ The Center of What's Possible
July 23, 2025
HGIT Bassett Campus LP
2800 Post Oak Blvd. Ste 2800
Houston, TX, 77056
Re: NRS-KRS 115kV Transmission Line Project
Property Address: 3550 Bassett Street, Santa Clara, CA 95054 APN: 104-15-131
Dear Sir/Madam:
As you know, the City of Santa Clara ("City") has approved plans to construct its new 115 kilovolt (kV) overhead transmission line from the Northern Receiving Station (NRS) to Kifer Receiving Station (KRS) Project ("Project"). In order to construct the Project, the City requires an overhead electric easement from you at the property located at 3550 Bassett Street, Santa Clara, CA 95054 ("Property").
We have not come to an agreement for a voluntary sale of these easement rights; therefore, the City Council will hold a hearing and consider adopting a Resolution of Necessity. If adopted, the Resolution of Necessity functions as a declaration that public use and necessity requires the acquisition of an overhead electric easement on the Property for the Project. To that end, please find enclosed a Notice of Intention to Adopt Resolution of Necessity, stating that the hearing before the City Council is scheduled for August 19, 2025. If you wish to appear at the hearing and address the City Council, please complete the enclosed Request to be Heard and return it to the City Clerk in advance of the hearing.
Sincerely,
67)(1/k
~:oL ' 1
Director of Silicon Valley Power
1500 Warbunon Avenue Santa Clara CA 95050 • 408-615-6600 Fax 408-249-02·17• www siliconvalleypower corn
CITY OF SANTA CLARA NOTICE OF INTENTION
TO ADOPT RESOLUTION OF NECESSITY TO ACQUIRE
REAL PROPERTY INTEREST FOR NRS-KRS 11 SKV TRANSMISSION LINE
PROJECT
YOU ARE HEREBY NOTIFIED, pursuant to Section 1245.235 of the California Code of Civil Procedure, that the City of Santa Clara intends to consider adoption of a Resolution of Necessity to Condemn Interest in Real Property for a new 115 kilovolt (kV) overhead transmission line from the Northern Receiving Station (NRS) to Kifer Receiving Station (KRS) Project (Project). The interest to be acquired is an Overhead Electric Easement as described and depicted in Exhibit A and Exhibit B.
NOTICE IS FURTHER GIVEN, that on August 19, 2025 at 7:00 p.m. or as soon thereafter as the matter can be heard, at the City Council Chambers, City Hall, 1500 Warburton Ave. Santa Clara, California, the City Council will hear all protests in relation to the adoption of the proposed Resolution of Necessity authorizing the filing of eminent domain proceedings for the acquisition of the Overhead Electric Easement as described above.
At said hearing, the City Council may establish the following:
1. The public interest and necessity require the Project.
2. The Project is planned or located in the manner that will be the most compatible with the greatest public good and the least private injury.
3. The property sought to be acquired is necessary for the Project.
4. The environmental review required by law has been prepared and adopted.
5. The offer required by Section 7267.2 of the Government Code has been made to the owner(s) of record for the full amount established as the fair market value of the property.
YOU ARE HEREBY NOTIFIED that you may appear at the hearing and be heard on Items 1, 2, 3, 4, and 5 above only. If you wish to appear and be heard on these matters, please submit a written request within fifteen days of the date of mailing of this notice. Please direct any such requests to:
City Clerk
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
The enclosed "Request to be Heard" form may be used which is attached hereto as Exhibit C. Failure to file a written request to appear and be heard within fifteen days SCLA-56598\2334874.1
after the mailing of this Notice may result in a waiver of your right to be heard. (California Code of Civil Procedure Section 1245.235(b)(3).) Sincerely,
Nico Procos
Director of Silicon Valley Power
SCLA-S6598\2334874.1
DESCRIPTION:
EXHIBIT A
EXHIBIT "A" ·OVERHEAD ELECTRIC EASEMENT ACROSS:
HGIT BASSETT CAMPUS LP
3550 BASSETT ST.
SANTA CLARA, CALIFORNIA 95054
APN: 104-15-131
EASEMENT AREA: 5,700 SQ.FT.±
SVP REF:
The easterly 15.00 feet of the parcel of land conveyed in that certain Grant Deed recorded August 31, 2020 as Document No. 24594958, in the Office of the Recorder of Santa Clara County (ORSCC), herein after referred to as the Grantor's Parcel, located in the City of Santa Clara. County of Santa Clara, State of California, described as follows:
COMMENCING at a monument located at the centerline intersection of Bassett Street and Wyatt Drive; thence South 27°24'00" East 1,706.01 feet along the centerline of said Bassett Street to a monument located at the centerline intersection of said Bassett Street and Norman Avenue; thence South 27°24'00" East 343.43 feet continuing along said centerline (as shown on Page 2 of this Exhibit); thence South 62°36'00" West 30.00 feet to the westerly right-of-way of said Bassett Street and the POINT OF BEGINNING; thence South 27°24'00" East 376.49 feet along said westerly right-of-way to the southerly line of said Grantor's Parcel; thence South 62°55'42" West 15.00 along said southerly line; thence North 27°24•00• West 376.42 feet to the northerly line of said Grantor's Parcel: thence North 62"40'10" East 15.00 along said northerly line to the POINT OF BEGINNING.
CONTAINING: 5,700 sq. ft,, more or less.
THIS OAAW,NG 5)<0UlD ~ US£0 O~l Y AS A ,U,PRESEl'ITATIOl'IOF THE lOCAflON OF THE EASEMENT ~ING j:ONVEYEO !HE EXACT lOC'IIION OF All SIRUCT\JRES.
LINES AND APPVRlENANCES IS SUBJECT TO Ct<ANGE WITHIN Tl<E IIOONDARIES OF THE RIGHT OF WAY ERl!IN GRANTEO HHTIICAl
COIUl Ulll llt
SALT LAKE CITY, UTAH
SCLA-56598\2334874.1
HGIT BASSETT CAMPUS LP
APN: 104-15-131
3550 BASSETT ST.
SANTA CLARA, CALIFORNIA 95054 SHEET: 1 of 2
EXHIBIT "A"
OVERHEAD ELECTRIC EASEMENT ACROSS:
HGIT BASSETT CAMPUS LP
3550 BASSETT ST.
"1'ET
I
100
B
PROJECT I.D. 1 1
HGIT BASSETT CAMPUS LP
APN: 104•15-131
LEGEND
1 _______ 1EASEMENTAREA
·---ROADWAY PLATTED CENTERLINE
_t,_ POWERLINE REFERENCE LINE
"l'° FOUND SURVEY MONUMENT
S62"36"00"W
30.00' (TIE)
\
•
~ ·~
\~
~
SVP REF:
\
™5 ORAWING SHOIJLO 8E USED 0NL Y AS A REPRESEN'TATION OF me LOCATION OF me EASEMENT BEING COHVEYEO me EXACT LOCATION OF All STRUCT\JRES Ul<ES ANO APP\IRTew.tK:ES ,s SIJIIJECT TO CHANGE WITl<IN me SOIINOAlll£S OF THE_, OF WAY HEREIM GAA.'llEO HH111CA1
COISlllUU llt
SALT U.KE CllY, UTAH
SCLA-56598\2334874.1
HGIT BASSETT CAMPUS LP
APN: 104-15-131
3550 BASSETT ST.
SANT A CLARA, CALIFORNIA 95054
BY: GAB CHK: GHH APP: JJC
511 I ·o:-.
v,,u
Pm 1:K.
SHEET: 2 of2
EXHIBIT B
Exhibit A Description
[i] a 5,700 square foot permanent Easement in, on, over, along and across the real property described and depicted in Exhibit "A" ("Easement Area") for the purpose of constructing and reconstructing, installing, operating, inspecting, maintaining, repairing, removing and/or replacing overhead electrical transmission, distribution and/or communication systems, and appurtenances thereto, including a reasonable right of ingress and egress over adjoining lands of fee owner. In exercising said right of ingress and egress, easement holder shall, wherever practical, use existing roads and lanes across lands of fee owner, if such there be, and if not, by such route or routes as shall result in the least practicable inconvenience to fee owner and any occupants of fee owner's property.
The overhead system will consist of poles, wire supports, wires and conductors suspended from pole to pole, transformers and other equipment mounted on the poles, anchors, guy attachments, and other appurtenances.
Portions of the Easement Area may be used by the fee owner for driveway(s), landscaping (excluding trees), and parking, as will not interfere with the easement holder's use of the Easement. Any other use of the Easement Area by fee owner shall be subject to easement holder's express written consent and only after easement holder's review of plans and specifications and determination that such use will not interfere with its use of the Easement. Easement holder may trim any trees or remove any tree or structure which are in or adjacent to the Easement Area which, in easement holder's reasonable determination, interferes with its use of the Easement. Easement holder may trim any trees or remove any tree which is in or adjacent to the Easement Area which exceeds a height of 20 fee~ or poses a risk of falling onto the easement holder's facilities or equipment located within the Easement.
SCLA-56598\2334874.l
Date: _____ , 2025
EXHIBIT C
REQUEST TO BE HEARD
To: N.ora Pimentel, Assistant City Clerk
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Dear Sir/Madam:
The undersigned hereby requests the opportunity to be heard on the City of Santa Clara's Notice of Intention to Adopt Resolution of Necessity to Condemn Real Property, set for the agenda of August 19. 2025.
SCLA-56598\2334874.1
Sincerely,
Signed:
Print Name:
Address:
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
25-643 Agenda Date: 8/19/2025
REPORT TO CITY COUNCIL
SUBJECT
Action on an Update to the City Council’s Public Notification, Outreach & Engagement Policy for all Planning Applications
BACKGROUND
On June 27, 2017, the City Council adopted a policy for public outreach for a wide range of Planning applications with the goal to enhance community engagement and ensure transparency throughout the planning process. The Community Development Department (Department) is responsible for implementing this policy and continually improving public engagement activities. The City of Santa Clara is one of the few cities to have a formal policy in place, whereas most cities follow State law.
Either way, the City must, at a minimum, provide the noticing required by State law and by the City Code. In its current 2017 form, the Policy already goes beyond the requirements of both.
The purpose for updating the policy now is due to several factors:
· The pandemic and post-pandemic conditions,
· New State laws for housing applications, and
· Rapid adoption of new technologies to bridge communication gaps As a result, these factors have significantly impacted how the Department conducts business and processes housing and other applications. These changes have prompted a review and update of the policy.
Efforts to update the policy began in 2022 as initiated by staff, with community meetings held in December 2022 and July 2023. The updates to the policy primarily focus on three key areas:
1) Notification Activities: Enhancing how and when the community is informed about planning applications.
2) Outreach Activities: Improving methods to reach out to the community and gather input. 3) Engagement Activities: Ensuring continuous and meaningful engagement with the community throughout the planning process.
Since 2023, the draft policy has been updated based on public feedback, undergone internal review, and been reviewed by stakeholders. On February 19, 2025, the Planning Commission held a noticed public hearing regarding the policy and recommended the updated policy for adoption by the City Council with the following changes:
1) Increase the notification radius from a staff recommended ¼ mile (1,320 feet) to ½ mile (2,640 feet) for large/significant interest proposals;
2) Increase the notification radius from 500 feet to ¼ mile (1,320 feet) for standard proposals; City of Santa Clara Page 1 of 6 Printed on 8/14/2025
powered by Legistar™
25-643 Agenda Date: 8/19/2025
and
3) The Planning Commission will review how the Policy is functioning after four community meetings or six months, whichever is first.
Updating the policy requires a recommendation from the Planning Commission and adoption by the City Council. The Commission voted 6-0 to recommend the updated policy to Council with changes described above. Staff does not concur with the Commission’s recommendations on increasing the notification radii beyond staff’s recommendations. A description of the updated policy is provided below; for a more detailed background, see the Planning Commission staff report in Attachment 2.
DISCUSSION
Since 2017, the City of Santa Clara has had a formal public outreach policy that outlines specific processes for informing the community of development proposals, with increasing requirements for larger proposals. This adopted policy goes beyond State requirements. Most cities in the South Bay do not have formal public outreach policies and, instead, rely on State law, which defines a standard noticing requirement of 300 feet for most development proposals. This is the most prevalent practice in the State. In 2017, after providing feedback, the Santa Clara City Council viewed the adoption of our Public Outreach Policy for Planning Applications as a beneficial tool to enhance community notice of upcoming projects of interest. The community meeting aspect of the policy was seen as a success, allowing for an additional format for receiving feedback. Prior to the pandemic, these meetings were conducted in person, however, because of the pandemic, the meetings were conducted virtually. Consistent with existing policy, meetings continued post pandemic to be conducted virtually but are encouraged to be hybrid. As a result of the post-pandemic practice and more robust engagement methods using technology, staff is now bringing updates to the policy.
Summary of Changes
At the February 19, 2025, Planning Commission hearing, the Commission generally supported staff’s recommendation of the updated policy that included more robust outreach and a balance between maintaining a streamlined development review process and greater notification to the public.
Highlights of the staff recommended updates are as follows:
Staff Recommendation to Planning Commission
· Each project would provide notice to the public at least twice: once near the beginning of the process and again towards the end of the process prior to the hearing. · “Large” and “Significant Projects” notification radius increased from 1,000 feet to ¼ mile (1,320 feet).
· Community meetings will be available in a hybrid format. · Identifying what types of outreach efforts are required by entitlement type or type of project. · Requiring an initial visioning meeting for general plan amendments where a project is changing from non-residential to residential; general plan amendments when residential density changes; and long-range planning projects initiated by the City.
Planning Commission Recommendations
The Commission supported the revised policy, but also made three additional recommendations, which are discussed in further detail in this section. Staff does not concur with the increased notification radii recommendations.
City of Santa Clara Page 2 of 6 Printed on 8/14/2025
powered by Legistar™
25-643 Agenda Date: 8/19/2025
1. Increase Notification Radius from staff recommended ¼ mile to ½ mile for Large / Significant Interest Proposals
Large Development Proposals are defined by the current policy to include proposals that involve over 49 dwelling units, 30,000 square feet or more of commercial uses, or 50,000 square feet or more of office or industrial uses. A Significant Interest Proposal, as defined in the policy, includes proposals that the Community Development Director determines have a high potential for a large degree of interest at a citywide level. The updated policy designates “data centers” and “drive-in/drive-through establishments” as large and significant interest projects.
The existing policy requires a notification of 1,000 feet for large / significant interest projects. Most data centers and drive-in projects are currently subject to a 500-foot notification. Data centers would now be considered a significant interest proposal and would be notified with a quarter-mile.
The Planning Commission’s recommendation increases the notification radius to 2,640 feet (halfmile). The Community Development Director may increase in any case the notification radius to incorporate more notice.
Staff time and additional costs
As part of the protocol, the Department will prepare up to 200 notifications in-house. This covers most small projects (300-foot radius that include single-family residence projects). Due to staffing limits, anything over that amount, the City outsources to a third-party vendor to prepare and mail notifications. In preparation for additional costs that the increased notifications would create, staff included an update for notification mailings in the City’s FY 2025/26 Municipal Fee Schedule, adopted by the City Council on April 29, 2025. This new fee was effective July 1, 2025, and would be cost-recovery-based and borne by the applicant.
There is an economy of scale where more mailings result in a lower cost per notice. Based on past projects and invoices from the third-party preparer in the last year, this cost ranges from 52 cents per notice for a 6,000-count mailing ($3,120) versus $1.53 per notice for a 200-count mailing ($306). In general, where there is additional noticing required, the cost per unit will go down, however, the overall cost will increase. Some projects may go to multiple commissions, for example a Historic Landmarks Commission, Design Review Hearing, Planning Commission and City Council. In addition to public hearings, there are also community meetings that are conducted. The cost for the noticing should be expected to increase with the new proposed policy.
2. Increase Notification Radius to ¼ Mile for Standard Proposals Standard Development Proposals, as defined by the policy, include projects between five and 49 dwelling units, up to 30,000 square feet of commercial, or up to 50,000 square feet of office or industrial use. Most Conditional Use Permit projects and all Variance projects would be considered standard development proposals.
The existing policy requires a notification of 500 feet for standard development projects. Staff’s recommendation on the updated policy was to maintain that radius, and the Commission’s recommendation increases the notification radius to 1,320 feet. Staff is in not in support of the increase.
For example, under the current policy, the recently approved carwash at 2455 Lawrence Expressway City of Santa Clara Page 3 of 6 Printed on 8/14/2025
powered by Legistar™
25-643 Agenda Date: 8/19/2025
would require a notification radius of 500 feet. That results in 1,000 notifications to be mailed out.
Under the Commission’s recommendation (1/4-mile), this results in 2,260 notifications to be mailed out. See Attachment 3 for maps related to this notification for reference. Staff’s additional time and costs are described in the previous section and borne by the applicant.
A second example for a significant project, under the City’s current policy (and the standard notice defined in State law), would require a notification radius of 500 feet, which results in 617 mailed notifications. Under staff’s recommendation (1/4-mile), there would have been 2,158 mailed notifications. Under the Commission’s recommendation (1/2-mile), there would have been 4,074 mailed notifications. See Attachment 3 for maps related to this notification for reference.
In addition to the increased costs, there will be additional burden on staff to coordinate the notices with outside vendors and verification. There is significant administrative costs to adding more noticing, and the additional noticing may not result in additional interest from residents.
3. Additional Review by the Planning Commission
Since there are some new criteria included in the updated policy, the Commission wanted to revisit the policy after at least four community meetings or six months, whichever is sooner. This will allow the Department to provide an implementation summary on the updated policy to the Commission for feedback.
What are Other Jurisdictions Doing?
There are limited examples of other local jurisdictions with adopted public outreach policies for Planning applications, including the City of San José, City of Sunnyvale, City of Cupertino, and the City of East Palo Alto. Similarly, these policies address types of projects and the extent of outreach.
Based on the research, Santa Clara has the most robust policy. Cupertino’s policy mentions “advise”, “collaborate” and “team up” for projects of different size and entitlement type. Otherwise, does not specify requirements. East Palo Alto’s noticing maxes out at 600 feet. San Jose’s policy maxes out at 1,000 feet for notifications for significant projects and allows the Director to increase the notifications as necessary.
As recommended by the Planning Commission, Santa Clara will be an outlier regarding processing applications if the outreach and engagement requirements are onerous compared to the requirements of other surrounding jurisdictions.
Summary
Updates to the policy are necessary to reflect changes and emerging trends. The proposed changes are the culmination of outreach efforts and represent best practices moving forward. The early notification update is a direct result of stakeholder input and would result in better outreach and earlier feedback to staff and the applicant on a pending project. While the increases to the notification radii as recommended by the Planning Commission would result in additional property owners/tenants being notified, it is not certain if that would necessarily lead to increased feedback or participation from the public. Increasing the notification radii would increase costs to the applicant and increase the amount of time staff would spend on notifications.
Based on surrounding jurisdictions noticing and outreach, the City of Santa Clara would be an outlier.
An alternative to increasing the notices to the level recommended by the Planning Commission is to allow staff to gauge the interest of the public from the early notification and allow the Community City of Santa Clara Page 4 of 6 Printed on 8/14/2025
powered by Legistar™
25-643 Agenda Date: 8/19/2025
Development Director to adjust the notification radius based on community interest. As recommended by the Planning Commission, the Department would return with a summary of the implementation for feedback and potential further updates.
ENVIRONMENTAL REVIEW
The policy is not a project as defined by the California Environmental Quality Act (CEQA).
FISCAL IMPACT
There is no fiscal impact to the City for processing the requested application other than administrative time and expenses typically covered by processing fees paid by the applicant, which were recently updated to account for these costs. As mentioned in the discussion section, additional mailings per project and increased notification radius requirements would increase the amount of time and cost per project to process depending on the project type and the number of public hearings.
COORDINATION
This report has been coordinated with the City Attorney’s Office.
PUBLIC CONTACT
On December 1, 2022, the City conducted an in-person community meeting at the Central Library and followed this up with a virtual community meeting on December 8, 2022. On July 12 and July 17, 2023, the City conducted virtual community meetings. Those in attendance included residents, neighborhood organizations, and engagement organizations.
Following these meetings, a public draft of the policy was available for comment through an online platform, Konveio, where the public provided comments. In summary, public comments included:
increasing the radius for notification; a preference for hybrid meeting format over virtual format; add community events in addition to community meetings; and developers should partner with community -based organizations. As a result of public feedback, the draft policy was updated as follows:
· The notification radius was increased for large and significant projects; · Community meetings are proposed to be hybrid;
· Participating in community events, such as the Art and Wine Festival or farmers’ market, and partnering with community-based organizations are encouraged.
Catalyze SV, a stakeholder provided some feedback that was not included in the draft policy. They suggested that the City provide child-care services, food, and translations during meetings. Santa Clara, nor our neighboring communities, regularly provides these items for all development proposal meetings. A general response to their feedback is included as an attachment to this report.
Notice of this City Council meeting was advertised on the City’s social media accounts and sent to the City’s e-notify list. There were two social media posts on various platforms (Facebook, Instagram and NextDoor) resulting in 3,401 views, however, only four views resulted in clicks to the City’s project page with the policy updates. A publication took place in the Santa Clara Weekly on August 6, 2025.
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special City of Santa Clara Page 5 of 6 Printed on 8/14/2025
powered by Legistar™
25-643 Agenda Date: 8/19/2025
Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] or at the public information desk at any City of Santa Clara public library.
ALTERNATIVES
1. The Council may decide to not change the existing Public Outreach Policy for Planning applications.
2. The Council may decide to make additional revisions to the updated Public Outreach Policy for Planning applications.
RECOMMENDATION
Adopt the updated Public Notification, Outreach & Engagement Policy for Planning Applications, as modified by the Planning Commission, except for increasing the notification radii beyond staff’s recommendation for large and significant projects.
Reviewed by: Afshan Hamid, Director, Community Development Approved by: Jovan Grogan, City Manager
ATTACHMENTS
1. Updated policy
2. Weblink to 2-19-25 Planning Commission Packet, Updated Policy with redlines and project page
3. Example Notification Maps
4. Catalyze SV Feedback Comments
City of Santa Clara Page 6 of 6 Printed on 8/14/2025
powered by Legistar™
1 Community Development Department
Public Notification, Outreach, & Engagement Policy
for Planning Applications
The facilitation of inclusive community participation is an important goal for the City’s conduct of the land use development process. The intent of this policy is to inform City practices that will provide the public with enhanced access to information related to land use development activity within Santa Clara to encourage community members to be informed and engage in the public process for the review of development proposals. The desired outcome of this Policy would be the extent to which the developer incorporates community feedback into the project design.
The Policy establishes notification, outreach, and engagement requirements for the City of Santa Clara that will be implemented in addition to the minimum noticing requirements provided by State law. Notification, outreach, and engagement activities are based on the City’s level of discretion in deciding on a particular development proposal.
Definitions
Initial Development Proposal. For Large and Significant Interest Development Proposals, developers are encouraged to submit preliminary information about a project with conceptual drawings that include a tentative site plan and draft architectural renderings. The Director of Community Development also has the discretion to require an Initial Development Proposal for any project of any size.
Minor Development Proposal. Minor Use Permits, Off-Site Parking Permits, Reasonable Accommodation requests and Temporary Use Permits that have noticing requirements prescribed in the City Code. These projects are not subject to this Policy unless deemed a Significant Interest Development Proposal.
Small Development Proposal. A development proposal related to the construction, renovation, demolition, or expansion of a single-family house that requires a public hearing; up to four residential units; accessory structures that require a public hearing. Does not include minor use permits.
Standard Development Proposal. A development proposal that involves between five and 49 dwelling units, up to 30,000 square feet of commercial, or up to 50,000 square feet of office or industrial uses.
Large Development Proposal. A development proposal that involves over 49 dwelling units, 30,000 square feet or more of commercial uses, or 50,000 square feet or more of office or industrial uses.
Public Notification, Outreach, & Engagement Policy for Planning Applications 2 Significant Interest Development Proposal. A development proposal that the Director determines has a high potential for a large degree of interest at a Citywide level.
Project Manager. A Community Development Department staff member who is responsible for processing the land use/or development applications.
Process
Development projects will need to advance through several stages of public notification, depending on the size and type of the project.
1. Initial Public Notification.
Purpose & Intent
The intent of the Initial Public Notification is to ensure that stakeholders and other interested parties have as much advance notice as possible of proposals. This provides stakeholders the opportunity to be informed about decisions that may affect them. • On-Site Posting. For projects specified in Matrix A, the applicant is responsible for installing an on-site notification sign on the project site, consistent with the size and content requirements listed in this policy. The applicant is responsible for installing an on-site notification sign on the project site within the 30 days of the application submittal.
The Community Development Department will maintain a template that contains the format and contents of an “on-site posting” sign. The sign will reference, through use of a QR code and weblink address, a connection to the City’s project webpage for updated information. The applicant shall provide photo documentation that the sign has been posted to the Project Manager.
• Mailed Notices. Notices will be sent to all property owners and tenants within the radius specified in Matrix A.
o If no community meeting is required, then a notice will be sent within 35 days of applying.
o If a community meeting is required, then the community meeting notice will serve as the “initial public notification”.
• Website Posting. For proposals specified in Matrix A, once the City receives a development application or an initial development proposal, the City will add information about the Project to the online, publicly accessible, recently filed projects list (updated, at a minimum, monthly, or more frequently).
o The City project webpage will also include updated plans, video recordings of community meetings, community meeting notes, and frequently asked questions.
2. Community Meeting.
Purpose & Intent
The purpose of community meetings is to inform stakeholders and other interested parties about the development proposals, answer questions, receive public comment, and address project issues before the Public Hearing.
Methods, Timing & Logistics
Public Notification, Outreach, & Engagement Policy for Planning Applications 3 Methods & Timing
For Standard, Large, and Significant Interest proposals, there should be at least one noticed community meeting within 60 days of filing the application but in any event, must be held no more than 90 days following the filing of the application. There should be a second noticed community meeting for Significant Interest proposals. Subject to the discretion of the Director of Community Development, attendance and presentation at a regularly scheduled community group or organization meeting may qualify as a community meeting, as may an Initial Visioning Meeting associated with an Initial Development Proposal. Additionally, applicants may take advantage of participating at existing community events, such as the City’s Art & Wine Festival, however, this would be in addition to the community meeting.
Applicants are also encouraged to team up with a third-party whom specializes in community engagement or create partnerships with existing community-based organizations to help with connecting with hard-to-reach populations.
Logistics
The applicant shall coordinate with the Project Manager regarding the community meeting for logistics (time, place, and format). The community meeting at a minimum shall provide an overview of the project, identify potential issues, and allow ample time with stakeholders for questions and answers.
• Meeting Format. To increase public attendance, community meetings will be conducted as hybrid. Attendance would be in person for the applicant and Project Manager while the community may participate in person or virtually.
• Recordings. Meetings will be recorded and posted on the City’s project webpage. • Time. If these meetings are scheduled during weekdays, they are encouraged to start after 5:30 PM.
Additional community meetings may be necessary at the discretion of the Director of Community Development for reasons not limited to but including change in scope for the project, additional community interest and a project that has been in process for longer than a year.
Community Meeting Noticing
All modes of community meeting noticing will be sent and/or posted online at least 10 days in advance of the meeting, with a target of at least 14 days prior to the meeting, consistent with the below outreach methods:
• Mailed Notices. Notices will be sent to all property owners and tenants within the radius specified in Matrix A.
• Website Posting. Notice of the community meeting will be provided on the Community Development Department’s Planning Community Meetings webpage (http://www.santaclaraca.gov/government/departments/communitydevelopment/planning -division/planning-community-meetings), as well as the City’s online calendars. • E-Mails. E-mails will be sent to individuals that have identified themselves as interested parties for the specific project and to those who have signed up for Planning Community Public Notification, Outreach, & Engagement Policy for Planning Applications 4 Meeting emails through the City’s eNotify system. Those on the notification list will be sent recordings and materials from community meeting(s); information on changes to the project; and information on the community meetings or other hearings. • Social Media. Announcements will be posted on the City’s social media accounts, such as Facebook and Nextdoor, to increase awareness of projects. o Increase Access to Non-English Speakers. The City may utilize social media targeting tools available to extend reach to non-English speaking community members.
A template of the community meeting notice shall be maintained by the Community Development Department. At a minimum, the notice shall include who is conducting the meeting, contact information for the applicant and City Project Manager, the topic of the meeting, the location of the subject property, time, and place of the meeting and sufficient information to provide the community with a basic understanding of the project.
3. Public Hearing.
Purpose & Intent
The Council recognizes the importance of using larger radii for mailing notices as a tool to broaden the awareness of stakeholders in the vicinity of a pending land use or development action. Therefore, for many types of approvals, this Policy goes beyond the State’s notification requirements. By keeping the community informed about land use and development decisions, the City promotes a transparent process that encourages genuine and effective involvement with stakeholders.
Public Hearing Noticing
All modes of public hearing noticing will be sent and/or posted online at least 10 days in advance of the hearing, with a target of at least 14 days prior to the meeting, consistent with the below outreach methods.
• Mailed Notices. Notices will be sent to all property owners and tenants within the radius specified in Matrix A.
• Website Posting. Notice of the public hearing will be provided on the individual hearing body’s agenda webpage.
• E-Mails. E-mails will be sent to individuals that have identified themselves as interested parties for the specific project and to those who have signed up for email alerts through the City’s eNotify system for the hearing body to which the project will be presented. • Social Media. Large and Significant Interest proposal public hearing announcements will be posted on the City’s social media accounts, such as Facebook and Nextdoor. • Publishing. For Large or Significant Interest proposals, notice of a public hearing may be advertised in the newspaper.
Types of Activities
Public Notification, Outreach, & Engagement Policy for Planning Applications 5 All development projects will be subject to a combination of on-site posting, website posting, email communications, social media, and community meetings, depending on the size and type of the project.
Notification Activities
Are to be provided for the community to be informed about projects, which are typically housing projects, for which the City has limited authority to require discretionary changes , pursuant to State law. Projects that utilize State housing laws such as SB 9 (2017), SB 35 (2021), and AB 3194 (2018), adhere to the Notification Activities. The purpose of Notification Activities is to share with the community the project details and schedule. Examples:
• Second dwellings and lot splits pursuant to SB 9 (2021), when a preliminary Planning application is submitted
• Subdivisions creating 10 or fewer residential lots pursuant to SB 684 (2023) Outreach activities
Are to be provided for the community to be informed and provide input into a project which as proposed, adheres to the City’s General Plan and is not utilizing State laws that limit most discretionary changes. Projects that adhere to the City’s General Plan will at a minimum implement the City’s intended land use vision (type of land use and density) for the site; however, through the implementation of outreach activities, the community can provide input on the architecture, site design, and raise issues of concern that should be addressed by the project. Examples:
• Rezonings, consistent with General Plan
• Conditional Use Permits
• Tentative Subdivision Maps (not including SB 9 lot splits) Engagement activities
For more significant projects, engagement activities involve additional outreach to allow the community to identify or provide feedback on potential community benefits that would enhance the greater community with the implementation of the project. Projects triggering engagement activities would need to file an initial development proposal with conceptual drawings that include a tentative site plan and draft architectural renderings.
In addition, developers must hold an initial visioning meeting (conducted in the same way as community meetings) during the preliminary review stage to allow for community to provide input on potential future land uses on the site or for the consideration of the development of the site plan and architecture. The applicant will also request feedback from the community regarding potential community benefit(s) that would provide amenities or attributes desirable and/or accessible to the broader community.
In addition to the initial visioning meeting, a community meeting(s) would still be required, (see community meetings section for logistics), within the first two months after the formal development application has been filed, to share proposed plans and respond to feedback received during the initial visioning meeting. Examples:
• An amendment to the existing General Plan land use designation to a residential designation, when the current designation is nonresidential • An amendment to an existing residential General Plan land use designation to a differing density
• Long-range planning projects, including, but not limited to specific plans, significant Zoning Ordinance amendments, General Plan updates, and other policy documents, will Public Notification, Outreach, & Engagement Policy for Planning Applications 6 be treated as Significant Interest proposals in accordance with the Public Outreach Matrix. For these long-range projects, other community engagement tools such as the creation of a community task force or citizen advisory committee; surveys; and workshop(s) will be utilized.
Public Outreach Policy and State / City Law Consistency The City and Developer shall achieve substantial compliance with the requirements in this Policy, as well as with any applicable notification criteria contained in State statutes or City ordinances.
Additional Outreach
The Project Manager for each application will maintain a list of interested parties for each application and said list will be notified by email when environmental documents are available for review and at least 10 days in advance of community meetings or public hearings. The Director of Community Development maintains the discretion to require mailed notices to a larger radius than that called for by this policy.
Process and Alternate Language Information
All notifications will link to information on City planning processes as well as how community members can access information in languages other than English.
Additional outreach modes and efforts may be required above and beyond what are called for in this policy based on the type of project.
Matrix A: Outreach Modes
Method Minor Small Standard Large Significant
Interest
On-Site Posting 11”x17” 2’x3’ 4’x6’ 4’x6’
Initial Mailed Notice X X X
Website Posting X X X
Ongoing
Communication X X X X
Mailing Radius ● 300 feet 500 feet
¼ mile
¼ mile
½ mile
¼ mile
½ mile
Initial Visioning
Meeting X X X X
Community Meeting X X X
Mailed Notices X X X
Online Calendar/
Website Posting X X X
Email to Interested
Parties and E-Notify
X X X
Social Media X X X
Public Hearing
Mailed Notices X X X X
Online Calendar/
Website Posting X X X X
Public Notification, Outreach, & Engagement Policy for Planning Applications 7 Method Minor Small Standard Large Significant
Interest
E-Mail to Interested
Parties and eNotify X X
X
Social Media ● X X
Newspaper Notice ● ● ●
Projects Without
Public Hearing
Mailed Notices ●
Online Posting ●
X Always required
● May be required (Refer to City Code)
Matrix B: Application Types and Specific Uses
Application Type /
Specific Uses
Minor Small Standard Large Significant
Interest
Applications1
Architectural Review
(DRH) X X X
Architectural Review
(OTC)
O
Conditional Use
Permit X X
Conforming Rezone
with General Plan
Designation
X
General Plan
Amendment
X
Minor Use Permit O
Off-Site Parking
Permits O
Reasonable
Accommodation O
Rezoning/Text
Amendment X
Significant Property
Alteration (Major) X
Temporary Use
Permit O
Tentative Subdivision
Map X
Variance X
Specific Uses
Data Centers2 X
Public Notification, Outreach, & Engagement Policy for Planning Applications 8 Application Type /
Specific Uses
Minor Small Standard Large Significant
Interest
Drive-In/DriveThrough
establishments
X
1. For any of the above applications, the Director may make a determination that the application qualifies as a significant interest project.
2. For projects requiring a public hearing.
X Requirement
O See City Code for noticing requirements
References
06/27/2017 City Council adopted Public Outreach Policy for Planning Applications by Resolution 17-8456 XX/XX/XXXX City Council Amended and Adopted _______________ by Resolution XX-XXXX Web Links
Draft Public Outreach Policy 2/2025 (Redlines) – Planning Commission Recommendations:
https://www.santaclaraca.gov/home/showpublisheddocument/87045/638829928375048278 Project Website:
Here you will find a summary of the project and information regarding past community meetings and prior plan submittals.
https://www.santaclaraca.gov/our-city/departments-a-f/community-development/planningdivision/planning-public-outreach-policy PC Meeting (2-19-2025):
Here you will find documents related to the Planning Commission meeting such as the staff report and attachments.
https://santaclara.legistar.com/LegislationDetail.aspx?ID=7139158&GUID=97118976-8D16-4B3F-A938- ACFDF2E5C880
These documents are available for viewing in the Community Development Department Nearby Parcels map
for address:
1100 Memorex Drive 500-foot Radius
Report Generated: 5/7/25 2:43 PM
Generated automatically by the City of Santa Clara InfoMap 4.0 Nearby Parcels map
for address:
1100 Memorex Drive - 1/2-mile radius
Report Generated: 5/12/25 9:42 AM
Generated automatically by the City of Santa Clara InfoMap 4.0 Nearby Parcels map
for address:
2455 Lawrence Expressway - 500-foot radius
Report Generated: 5/15/25 1:16 PM
Generated automatically by the City of Santa Clara InfoMap 4.0 Nearby Parcels map
for address:
2455 Lawrence Expressway - 1/4-mile radius
Report Generated: 5/15/25 1:41 PM
Generated automatically by the City of Santa Clara InfoMap 4.0 Catalyze SV Feedback Response
Catalyze SV provided feedback on the draft outreach policy prior to the Planning Commission meeting (included in the Commission meeting packet). The following is a general response to that feedback.
Catalyze SV and the City share a common interest in improving the City’s outreach for Planning projects—which include private development applications, like conditional use permits; as well as City-sponsored projects, like new specific plans. It is our understanding that there are not many other cities in the area that have a public outreach policy for Planning applications, which reflects our innovation.
An aim of this policy is to measure how effectively the project sponsor integrates community feedback into the project's design based on the outreach. We are trying to establish a process where we can include informing, consulting, involving and where possible collaboration with stakeholders. Not every project scope is the same and every project has different levels of interest from the community. We are trying to create and maintain a balance between effective outreach and aligning with the State’s goals and expectations on housing production. Regarding non-residential development, we can expect that there would be more interest in projects that are within the vicinity of residential properties. The draft policy includes flexibility that will allow the City to achieve these outreach goals. We are trying to match the outreach with what may be the expected interest in the project, some of which would not be known until a project is submitted and we conduct the early and initial outreach.
The policy categorizes projects into “small”, “standard”, “large” and “significant interest”. Large and significant interest projects are similar and have the same requirements. There may be times when a small or standard project would be considered a significant interest project and subject to increased outreach.
Requiring childcare services, translation and food at every community meeting is not feasible, but we agree that, if necessary, then we should have those services available. This draft policy has flexibility built in to allow the Director to require additional outreach. We agree that creating a list of qualified outreach specialist would be beneficial for applicants as a resource.
We recognize that technology and outreach methods change over time and just because the policy does not specifically mention a technology or method does not mean that it cannot be used.