1990-175-Approving The 1990 Street Resurfacing Agreement With County Of Santa ClaraRESOLUTION 1990 -175
RESOLUTION OF THE TOWN OF LOS GATOS
APPROVING THE 1990 STREET RESURFACING AGREEMENT
WITH THE COUNTY OF SANTA CLARA
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
with the County of Santa Clara entitled "Agreement Between the Town of Los Gatos and
County of Santa Clara for the Resurfacing of Portions of Shannon Road and Old Blossom
Hill Road Within the Town of Los Gatos," a copy of which is attached hereto.
FURTHER RESOLVED, that the Interim Town Manager is authorized, and hereby
directed to execute said agreement in TOWN OF LOS GATOS.
PASSED AND ADOPTED at a regular meeting of the Town Council held on the
20th day of August, 1990, by the following vote:
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Eric D. Carlson, Robert L. Hamilton,
Brent N. Ventura, Mayor Thomas J. Ferrito
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR OF THg TOWN OF LOS GATOS
LOS GATOS, OALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CHER2 \AGREEMEN \8 -20 #4. ENG
COPY
COOPERATIVE AGREEMENT BY AND BETWEEN THE TOWN OF LOS GATOS AND THE
COUNTY OF SANTA CLARA FOR THE RESURFACING OF PORTIONS OF SHANNON
ROAD AND OLD BLOSSOM HILL ROAD WITHIN THE TOWN OF LOS GATOS
This cooperative agreement, hereinafter referred to as
"agreement," is by and between the Town of Los Gatos, a municipal
corporation, hereinafter referred to as "Town," and the County of
Santa Clara, a political subdivision of the State of California,
hereinafter referred to as "County."
WHEREAS, in fiscal year 1990 -91, Town plans to resurface
certain public streets with either asphalt or Type II slurry seals,
hereinafter referred to as "the Project "; and
WHEREAS, Shannon Road and Old Blossom Hill Road are two of the
streets being considered for resurfacing; and
WHEREAS, portions of Shannon Road and Old Blossom Hill Road
lie within the jurisdictional boundaries of County, more
particularly described in Exhibit A attached hereto and incorporated
by reference; and
WHEREAS, Town and County deem it to be in their mutual best
interest that the entire of the aforementioned streets be included
as part of the Project, -
NOW, THEREFORE, in consideration of the following terms,
covenants and conditions, the parties hereby agree as follows:
1. Town shall include the entire of the following streets as
part of the Project:
Shannon Road from Los Gatos Boulevard to Short Road.
Old Blossom Hill Road from Blossom Hill Road to Blossom
Hill Road.
The plans and specifications for the resurfacing of these streets
shall be submitted to County for approval.
2. County shall be responsible for the actual costs of
resurfacing the portions of Shannon Road and Old Blossom Hill Road
that are within County's jurisdiction, including, but not limited
to, paving, repair and restriping. County shall deposit the sum of
ten thousand dollars ($10,000.00) with Town within thirty (30) days
after this agreement has been fully executed. The parties agree
that ten thousand dollars ($10,000.00) is a reasonable estimate of
County's share of the cost for the work.
3. Upon completion and acceptance of the work by Town, Town
shall determine County's actual share of the cost for the work. In
the event that County's share is more than ten thousand dollars
($10,000.00), County shall pay Town the difference. In the event
that County's share is less than ten thousand dollars ($10,000.00),
Town shall pay County the difference.
4. Town and County shall indemnify, hold harmless, reimburse
and defend the other from all liability, damages, loss, costs, and
obligations, including court costs, investigation costs, and
reasonable attorneys' fees, arising out of any claim, suit,
judgment, loss or expense occasioned by, but not limited to, injury
or death of any person or persons, or loss or damage to any
property, arising from the act or omission of the indemnitor or its
officers, agents, contractors, employees or invitees.
5. Town shall keep accurate books, records and accounts of
the costs incurred in the Project and such books, records and
accounts shall be made available to County upon request.
6. This agreement reflects the entire agreement of the
parties with respect to the work to be performed. Any prior or
contemporaneous oral or written agreements by and between the
parties or their agents and representatives relating to the work
are revoked and extinguished by this agreement.
IN WITNESS WHEREOF, the parties hereto have executed this
cooperative agreement as follows:
Town
Date:
4- ,1gL?a
Interim Tow rl�iMaM
Town of Los Gatos
County
Date:
Chairperson, Board of Supervisors
County of Santa Clara
ATTEST: Donald M. Rains, Clerk
Board of Supervisors
APPROV TO F RM AND LEGALITY:
arrison D. ayidr
Deputy County Counsel
hdt /TL4/403/p.5
ATTEST: Town Clerk
Town of Los Gatos
Cam �
APPROVED AS TO FORM:
ToON At r ey
Town of Los Gato
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