1984-090-Approving The Cost Sharing Agreement Between The Town And The City Of San Jose For Modifications Of The Traffic Signals At South Bascom Avenue And Samaritan WayRESOLUTION No. 1984 -90
RESOLUTION APPROVING THE COST SHARING AGREEMENT BETWEEN
THE TOWN AND THE CITY OF SAN JOSE FOR MODIFICATIONS
OF THE TRAFFIC SIGNALS AT SOUTH BASCOM AVENUE AND SAMARITAN WAY
RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clara,
State of California, that the TOWN OF LOS GATOS enter into an agreement entitled,
"Agreement Between the City of San Jose and the Town of Los Gatos for Sharing of
Costs for Modification of Traffic Signals at Bascom Avenue and Samaritan Way ", with
the City of San Jose, a copy of which is attached hereto.
FURTHER RESOLVED, that the Mayor is authorized, and hereby directed to execute
said agreement in the name and in behalf of the TOWN OF LOS GATOS.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos held on 4th day of June 1984 by the
following vote:
AYES: COUNCIL MEMBERS Joanne Benjamin, Eric D. Carlson, Terrence J.
Daily, Brent N. Ventura and Mayor Thomas J. Ferrito
NOES: COUNCIL MEMBERS None
ABSTAIN:
ABSENT:
ATTEST:
COUNCIL MEMBERS
COUNCIL MEMBERS
SIGNED:
None
None
r
CLERK OF THE TO Of� F LOS GAT,
JFB:GDT:mk
rev. 5/84
AGREEMENT BETWEEN THE CITY OF
SAN JOSE AND THE TOWN OF LOS GATOS
FOR SHARING OF COSTS FOR MODIFICATION OF
TRAFFIC SIGNALS AT BASCOM AVENUE AND SAMARITAN WAY
THIS AGREEMENT, made and entered into this day of
1984, by and between the City of San Jose, a municipal corporation of the
State of California, hereinafter referred to as "San Jose ", and the Town of
Los Gatos, a municipal corporation of the State of California, hereinafter
referred to as "Los Gatos ".
W I T N E S S E T H:
WHEREAS, traffic at the intersection of Bascom Avenue and Samaritan Way is
presently controlled by signals on all approaches; and
WHEREAS, Los Gatos and San Jose do mutually desire, under this joint
powers agreement, to cooperate and jointly participate in the replacement of
the existing traffic signal controller and cabinet at the intersection of
Bascom Avenue and Samaritan Way with a State type "90" 4 -phase controller and
type "P" controller cabinet, hereinafter referred to as "Said Improvements ",
and desire to specify herein the terms and conditions under which said
improvements are to be completed and financed;
NOW, THEREFORE, in consideration of the covenants and conditions herein
contained, the parties hereto agree as follows:
CFrTTnN T
SAN JOSE AGREES:
1. To complete said improvements using City forces and City furnished
materials.
2. To bill Los Gatos within thirty (30) days of the date of execution of
this agreement a sum equal to Los Gatos` agreed upon share of the cost of the
said improvements as delineated in Section II.
3. To notify Los Gatos within thirty (30) days of the completion of said
improvements by San Jose.
CFrTTnN TT
LOS GATOS AGREES:
1. To pay San Jose within thirty (30) days of the receipt of billing
therefor the sum of Three Thousand One Hundred Thirty -three ($3,133.00)
Dollars, which sum represents 33 1/3% of the estimated cost of said
improvements.
SECTION III
IT IS MUTUALLY UNDERSTOOD AND AGREED:
1. In the exercise of this joint powers agreement, San Jose shall be the
administering agency and, as such, shall possess all powers common to both San
Jose and Los Gatos which may be necessary to effectuate the purpose of this
agreement, subject only to the manner of exercise of such powers provided
herein and the restrictions imposed by law upon San Jose in the exercise of
such powers.
-2-
2. That neither Los Gatos, nor any officer or employee thereof, is
responsible for any damage or liability occurring by reason of anything done
or omitted to be done by San Jose under or in connection with any work,
authority or jurisdiction delegated to San Jose under this Agreement. It is
also understood and agreed that, pursuant to Government Code Section 895.4,
San Jose shall fully indemnify and hold Los Gatos harmless from any liability
imposed for injury (as defined by Government Code Section 810.8) occurring by
reason of anything done or omitted to be done by San Jose under or in
connection with any work, authority or jurisdiction delegated to San Jose
under this Agreement.
3. That neither San Jose nor any officer or employee thereof, shall be
responsible for any damage or liability occurring by reason of anything done
or omitted to be done by Los Gatos under or in connection with any work,
authority or jurisdiction delegated to Los Gatos under this Agreement. It is
also understood and agreed that, pursuant to Government Code Section 895.4,
Los Gatos shall fully indemnify and hold San Jose harmless from any liability
imposed for injury (as defined by Government Code Section 810.8) occurring by
reason of anything done or omitted to be done by Los Gatos under or in
connection with any work, authority or jurisdiction delegated to Los Gatos
under this agreement.
4. This Agreement shall terminate on December 31, 1985 if San Jose has
not completed said improvement prior to that date.
5. That said improvements shall, upon completion, become subject to the
terms and conditions of an existing agreement between San Jose and Los Gatos
for maintenance and operation of joint - jurisdiction traffic signals.
-3-
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their respective officers, duly authorized, the provisions of
which agreement are effective as of the date, month and year first hereinabove
written.
ATTEST:
CITY OF SAN JOSE
Helen E. Jackson, City Clerk
APPROVED AS TO FORM:
General Deputy City Attorney
ATTEST:
City ClerW
APPROVED AS TO FORM:
City ttor y
0448o (rev. 5/84)
-4-
A Municipal Corporation
By
Mayor
TOWN OF LOS GATOS
A Municipal Corporation
By
/y
ayor