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Attachment 1C THIS AGREEMENT, made and entered into this � 3 • day of October 1990, by and between the SANTA CLARA COUNTY TRAFFIC AUTHORITY (herein referred to as "TRAFFIC AUTHORITY "), and the TOWN OF LOS GATOS (herein referred to as "TOWN "), WITNESSETH: WHEREAS, in 1984 the voters of Santa Clara County passed Measure A on the ballot, authorizing a one -half of one percent sales tax in the County for a period of ten years, to fund major highway improvements on State Routes 85, 101, and 237; and WHEREAS, the TRAFFIC AUTHORITY was created to administer the program and see that specific identified improvements were implemented; and WHEREAS, through the development of Freeway Agreements, it became evident that a separate Agreement was appropriate between the TOWN and the TRAFFIC AUTHORITY which would outline mitigation measures establish specific design guidelines, and specify TOWN participation in the design process; and WHEREAS, the TRAFFIC AUTHORITY intends to provide equitable application of policies and measures for all Corridor cities in the implementation of the Route 85 freeway project; and WHEREAS, it is the mutual desire of the parties hereto to enter into this Performance Agreement in accordance with the attached information; NOW, THEREFORE, IT IS AGREED: 1. This Agreement is executed in conjunction with the separate Freeway Agreement between the TOWN and the CALIFORNIA DEPARTMENT OF TRANSPORTATION (herein referred to as "CALTRANS "). 2. This Agreement, by reference, incorporates the following documentation: the TRAFFIC AUTHORITY'S Draft Strate is Plan July 1990, the Route 85 Environmental Impact Statement, July 1987, and subsequent Reevaluations /Addenda; the Mitigation Plan. December 1987, the Los Gatos Creek Mitigation Plan, July 1990; the Visual Design Guidelines, November 1988, and subsequent revisions; and the Route 85 Bicycle Corridor Plan, November 1988. Commitments made by this Agreement shall be an extension of these documents. L4 \a9reemnt \perf.agm Rev. October 16, 1990, 12:39 ATTACHMENT 3. The general alignment of Route 85, along with street closures and interchange locations, will be addressed in the Freeway Agreement between the TOWN and CALTRANS. 4. Route 85 through the TOWN will be a 6 -lane facility with a median width of 46' from Winchester Boulevard to Pollard Road, and 48' from Bascom Avenue to Winchester Boulevard; and a vertical profile as shown in Attachment "A ". 5. The TOWN has participated in the development of corridor visual design guidelines through a committee composed of representatives from Route 85 communities. From this effort, a general design theme was specified and design guidelines were prepared. These guidelines address prospective visual aesthetics of design features such as retaining walls, sound walls, bridges, pump stations, community walls, landscaping and related amenities. The guidelines shall be followed in the final design of freeway facilities. Attachment "B" represents alternative surface treatments selected by the TOWN for use in final design of the features listed herein. 6. Attachment "C" defines tentative locations for sound attenuation along the Route 85 corridor, as shown in the Mitigation Plan. Sound walls will be designed and constructed in accordance with Federal and State guidelines as a minimum. The TOWN will provide input during the design process through community meetings and review of design documents. 7. The TRAFFIC AUTHORITY will provide levels of landscaping over and above those required by Federal and State standards. Specific types and locations will be determined in the design process, with input from the Aesthetics Review Committee and approval by the TOWN. Landscaping design will seek to maximize local aesthetics, and minimize long -term maintenance costs, within the available budget. The TRAFFIC AUTHORITY'S allowance for landscaping is $25,000 per landscaped acre, and community input will determine the design emphasis. The area to be landscaped is the width from the edge of the outside shoulder to the limits of the right -of -way and excludes the median. The cost of required irrigation is included in the $25,000 per acre allowance. Attachment "D" provides graphic representation of 5 major areas of typical freeway landscaping: (1) Depressed profile (2) Elevated profile (3) At -grade profile (4) Local street interchange (5) Major freeway -to- freeway interchange. These displays demonstrate typical densities and general layouts of ground cover. The TOWN will direct the allocation of the landscaping allowance within its boundaries, consistent with the Visual Design Guidelines. Any landscaping damaged or removed from a local street shall be replaced consistent with Town policy. The size of the replacement species shall be approved by the Town. L4 \agreemnt \perf.agm 2 Rev. October 16, 1990,12:39 8. The TRAFFIC AUTHORITY agrees to set aside sufficient funds in an escrow account to be maintained by the County Controller as part of the County's pooled investment fund, to cover the cost of mitigation measures within the TOWN over and above that mitigation whicb would be provided under State and Federal guidelines. 9. CALTRANS has developed a visual theme for Route 85 bridges which utilizes a tapered, rounded box structure and pier. The TOWN' may include aesthetic, non - structural changes to enhance a preferred local theme. Bridges will be designed and constructed in a manner not to preclude future mass transit development in the freeway median, 10. Local historic, archaeological and cultural resources impacted by the freeway project will be assessed and dealt with in accordance with the Environmental Impact Statement and the Mitigation Plan. Attachment "C defines potential pedestrian and bicycle facilities and impacted historic sites in the Route 85 Corridor through the TOWN. 11. The TOWN will participate in the final design process through attendance at regularly scheduled meetings. These meetings are held to coordinate the efforts of the design team; to allow affected agencies to express their interests and concerns; and to ensure consistency with current State and local standards, and the Visual Design Guidelines 12. The TRAFFIC AUTHORITY agrees to phase construction of the freeway in such manner that minimum segments to be opened to traffic are as follows: • Route 280 to Route 17 • Route 17 to Almaden Expressway • Almaden Expressway to Monterey Highway • Monterey Highway to Route 101. In the event that this phasing becomes unattainable, the TRAFFIC AUTHORITY and TOWN will develop a revised phasing plan, acceptable to both parties. The TRAFFIC AUTHORITY also agrees to include Lark Avenue, from Oka Lane to Los Gatos Boulevard, in an early construction phase. 13. Wherever feasible, soundwalls will be included in an early construction phase where they do not interface with other and subsequent construction activity. 14. The TRAFFIC AUTHORITY agrees that no new freeway Ianes shall be constructed in the Route 85 median or in the shoulders of Route 85 within the geographical limits of TOWN without prior written approval by the Town Council of the TOWN. L4 \a9reemnt \pert.a9m 3 Rev. October 16, 1990, 12:39 15. The 'TRAFFIC AUTHORITY agrees that Route 85 shall have the following characteristics, and funding and construction shall be guaranteed in the following priority: A. All mitigation elements including design of sound walls, landscaping, riparian habitat, and relocation of Maria's Berry Farm structures shall be completed by the TRAFFIC AUTHORITY. The design of sound walls and landscaping shall be consistent with the Visual Design Guidelines; B. Widening of Lark Avenue bridge over Route 17 shall be constructed to four through lanes plus two turn lanes, bike lanes and pedestrian walkways with widening of approaches to the bridge; C. Configuration of the freeway shall provide for: (1) Six lanes, with two of those lanes designated as commuter lanes for peak period operation; (2) Preservation of at least a 48 -foot median east of Winchester Boulevard for future mass transportation development; (3) Preservation of at least a 46 -foot median west of Winchester Boulevard for future mass transportation development; and (4) Design of all interchanges, bridge structures, and grading to accommodate future transit options in the corridor, including the extension of the existing Vasona Rail line into the median of Route 85; D. Route 85/17 Interchange shall be constructed in accordance with the three (3) loop interim alternative depicting Route 17 to be elevated approximately fifteen (15) feet above existing grade and Route 85 and all connecting ramps shall be constructed at an elevation below the new elevation of Route 17; E. Southbound and northbound off -ramps from Route 85 to Bascom Avenue with southbound and northbound on -ramps from Bascom Avenue to Route 85 shall be constructed and opened for public use as a single project; F. Access to the Oka Road /Mozart Avenue neighborhood as determined in accordance with the Freeway Agreement; and G. One northbound on -ramp and one southbound off -ramp to Route 85 from Winchester Boulevard shall be constructed and opened for public use at the same time or after the full Bascom interchange (Item E). 16. The TRAFFIC AUTHORITY agrees to install a warning sign on Route 85 westerly of the Winchester off -ramp to be used when there is traffic congestion on Highway 17. In addition, the TRAFFIC AUTHORITY agrees to provide an agreement between the TOWN and CALTRANS that will enable the TOWN to close the local streets at the connection to the southbound on -ramp onto Highway 17 at South Santa Cruz Avenue when Route 85 or Highway 17 is congested. The purpose of the warning sign and ramp closure is to prevent traffic from using TOWN streets to avoid traffic congestion on Route 85 or Highway 17. L4 \agreemnt \per}.agm 4 Rev. October 16, 1990, 12:39 17. Construction noise control and working hours will be consistent with or exceed the requirements of local regulations and ordinances. Should a conflict arise, the TRAFFIC AUTHORITY and TOWN will evaluate the circumstances and propose conditions that are acceptable to both parties. 18. The TRAFFIC AUTHORITY agrees to only provide funding for the design and construction of Route 85 in accordance with this Agreement. The TRAFFIC AUTHORITY will provide final plans and specifications to the TOWN for review. On the TOWN's acceptance that the documents are consistent with this Agreement, the project will be advertised for construction. If any concerns are raised during this review, the TRAFFIC AUTHORITY agrees to withhold funding of the project until these issues can be resolved. 19. The TOWN reserves the right to make further requests consistent with the needs of the community as circumstances arise and consistent with CALTRANS and the TRAFFIC AUTHORITY's visual design guidelines and Mitigation Plan for Route 85. 20. The TOWN will have the opportunity to enter into a separate Cooperative Agreement committing local funds to enhance the design commitments made in this Agreement. 21. The TRAFFIC AUTHORITY agrees to provide TOWN with appropriate data for TOWN to request modification of the flood plain designation, established by the Federal Emergency Management Agency (FEMA). 22. The TRAFFIC AUTHORITY agrees to consult with the TOWN regarding signing on Route 85, off ramps and local streets leading to Route 85. 23. The TOWN agrees to widen Los Gatos Boulevard to six lanes and proposes, as an interim measure, to widen Los Gatos Boulevard to four lanes between Lark Avenue and Samaritan Drive prior to the completion of the Bascom Avenue interchange. The TOWN will plan for the four lane project in the 1991 -1992 Capital Improvement Program. The six lane widening would be constructed when development of the impacting properties within the Routes 85/17 Project Referral Boundary takes place and are assessed for said improvements. That assessment of improvements by parcel shall be proportional based on the relative degree of impact as determined by the projected traffic generation of specific development projects. Assessment shall also cover the cost of necessary traffic mitigation measures caused by said development within the Project Referral Boundary. 24. This Agreement may be modified at any time by the mutual consent of the parties hereto, as may become necessary for the best accomplishment, through TRAFFIC AUTHORITY and TOWN cooperation, of the whole freeway project for the benefit of the people of Santa Clara County and the TOWN. If unforeseen cost increases or significant L4 \agreemnt \perl,agm 5 Rev. October 16, 1990, 12:39 environmental impacts arise beyond those anticipated by this Agreement, each party reserves the right to request an Amendment to this Agreement. If reasonable, these requests will be considered, but in no event is the TOWN under any obligation to approve such amendment. 25. TRAFFIC AUTHORITY agrees to defend, indemnify, and hold TOWN harmless against any and all claims, damages, losses, demands, or causes of action arising out of any negligence or intentional misconduct on the part of the TRAFFIC AUTHORITY, its agents, employees, attorneys, assignees, or contractors in the course of performing this Agreement. The indemnity provided by this paragraph shall include reimbursement of all reasonably incurred costs and attorney's fees. L4 \agreemnt \perf.agm b Rev. October 16, 1990, 12:39 26. TOWN agrees to defend, indemnify, and hold the TRAFFIC AUTHORITY harmless against any and all claims, damages, losses, demands, or causes of action arising out of any negligence or intentional misconduct on the part of TOWN, its agents, employees, attorneys, assignees, or contractors in the course of performing this Agreement. The indemnity provided by this paragraph shall include reimbursement of all reasonably incurred costs and attorney's fees. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized officers. TOWN OF LOS GATOS A Municipal Corporation OF TOWN CW LOS GATOS SANTA CLARA COUNTY TRAFFIC AUTHORITY 1 '' r 'J() �t �i 7 ' _ /y,d/ 14 Date: LL 1 By: 1;'% > L,, Cf a APPROVED AS TO FORM: I CHAIRPERSON Date:_ 1 o L�il,_ By: Ma 3o Town Att rney Date: % 0 By: �t . —� Attorney (Santa Clara County Traffic Authority) ATTEST: DATE: '��'a F_ /--,S �F:, E7'- I / MARIAN V. COSGROVE' CLERK, OF THE TOWN F LOS GATOS L4 \agrecrrnt \perf.agm 7 Rev. October 16, 1990, 12:39 270- --- _._° -270 �-�___., �\ � 260- Fourees -260 250 - _____________ _. _ .__________. -250 . _.___. 240- -240 230- -230 POLLARD ROAD PROFILE ORIGINAL GROUND POLL RD ROAD-1- -a O -290 -zeo -260 -250 -240 ATTAONMENT TO PERFORMANCE AS LtMENT TOWN OF LOS GATOS $1fEET t OF 5 BA3C AVE TO POLLAM m MAY T &90 1 I n e 40 + 2 + a a e x e s 50 OKA ROAD PROFILE 0 ORIGINAL GROUND CURRENT PROFILE .�,.. E.I.S. PROFILE ---� 3 a LOS GATOS ' 1 oc -+ —270 I Rou +E ac LEGEND ORIGINAL GROUND -240 CURRENT PROFILE LLS, PROFILE - - - - -- - 230 1 I n e 40 + 2 + a a e x e s 50 OKA ROAD PROFILE 0 ORIGINAL GROUND CURRENT PROFILE .�,.. E.I.S. PROFILE ---� 3 a LOS GATOS 280. 270 `flOVi686 260 - 250- ROUTE IT OC -4 B0 9] DB BD 100 101 10R 103 161 WINCHESTER AVE PROFILE DC -2 OKA ROAD 280 - 2]0 -260 - 250 LOS GATOS CREEK WINCHE 300- BASCOM. AVE 260- 25Q - 240- .. .!PERSPECTIVE SKETCH HOLES IN WALL FOR C urirHl,C ItYCHl(V' -':NI STRUCTURE TYPES - TEXTURED CONCRETE BLOCK MASONRY BLOCK CAP LIGHT COLORED ACCENT BAND DARK COLORED SRU T -FACED FLUTED MASONRY BLOCK 0 EDGE OF SHOULDER I' WITH LANDSCAPE SETBACK SANTA CLARA COUNTY PERFORMANCE AGREEMENT TRAFROAUTHORm ROUTE BS WEST VALLEY CORRIDOR DAMES S MOORE ATTACHMENT 'B' 1 OF 5 HOLES W WALL F, CONCRETE SURFACE TREA7iviENT STRUCTURE TYPES- PRECAST CONCRETE EDGE OF SHOULDER BAND) - IN MTH LANDSCAPE SETBACK - SANTA CLAF2A COUNTS' - TRAFFIC AUTHORITY PERFORMANCE AGREEMENT ROUTE 85 WEST VALE CORRIDOR DAMES & MooRE ATTACHMENT 'B' 2 OF 5 HOLE IN WALL FOR SURFACE TREATM -!qT STRUCTURE TYPES - CAST -IN -PLACE LIGHT COLORED ACCENT RAND DARK COLORED amw EDGE OF SHOULDER ' ' WITH LANDSCAPE SETBACK VERTICALLY TEXTURED FACING COMMUNITY SANTA CLARA COUNTY PERFORMANCE AGREEMENT TRAFFIC AUTHORITY ROUTE 85 WEST VALLEY CORRIDOR DAMES &MOORS ATTACHMENT `EY 3 OF 5 WOOD TEXTURED LIGHT COLORED AND AC SURFACE]HEAIMENT STRUCTURE TYPES - CAST- IN -PL+CE WOOD TEXTURE SANTA CLARA COUNTY PERFORMANCE AGREEMENT TRAFFIC AUTHORITY ROUTE M WEST VALLEY CORRIDOR DA ES &MOORE ATTACHMENT 'B* 4 OF 5 TABLE 1. SAIBGE ABUTMENTS AND EETAINING WALLS SOUNOWALLS AND VISUAL BARRIERS (1) Alm n a pastarts inesprpotatlnt a vehicle anti! may he measured m phe Aotborirr for bomiderdma (2) To provide additional casters, mo sided split face blocks Amy be Brad, however, the number shall not exceed 1/3 of the total split face and split face scored bloclm. SANTA CLaRA COUNTY TRAFFIC AUTHORITY PERFORMANCE AGREEMENT DAMES & MOORE ROUTE e5 WEST VALLEY CORRIDOR ATTACHMENT'S' 5 OF 5 svnion Type Col., Tezlum Wall Type pparcm —ea na@al co care Snrebm'surd, - mWrvynn,or Freeway sitle $nuMrNlf fu�vtl <Blttk cram"' aggrellata to 1-1.1 %Ln(tpuevurnll am nata match east. arrant 'am, ItKKftae'anl flnw gain luevauedl lxal bak,(wa[u's) amnd, wleo p baM bledere 717 Ra'sonnee natural concrete Spliquee' had (aacem band mar ImnutM nn, nr (3) e ge wlnn be paiotAd) espoead a99m9ase: OouCN tuanllolbn er VMICIIVMrf,wim Same aavvmmuNry o pan nwalts over torn annum mev'lu'n ONwn ,erevrv(ialn artem S ltttm C9ryamailCed aafiregale E+pos..vl aggregye (1) Alm n a pastarts inesprpotatlnt a vehicle anti! may he measured m phe Aotborirr for bomiderdma (2) To provide additional casters, mo sided split face blocks Amy be Brad, however, the number shall not exceed 1/3 of the total split face and split face scored bloclm. SANTA CLaRA COUNTY TRAFFIC AUTHORITY PERFORMANCE AGREEMENT DAMES & MOORE ROUTE e5 WEST VALLEY CORRIDOR ATTACHMENT'S' 5 OF 5 �� Tezmre Wall Type Constrvcilpn Type Cob, Commpnlly sloe Freeway sitle $nuMrNlf fu�vtl <Blttk Bmvne wvd 1-1.1 %Ln(tpuevurnll am nata 'am, ItKKftae'anl flnw gain luevauedl lxal bak,(wa[u's) amnd, wleo p Barden le clothe color walls °`Yevt. tacuaresu mend ar a optional (I) (3) e ge wlnn C.istimplacv wnae er VMICIIVMrf,wim Same aavvmmuNry torn annum mev'lu'n ONwn ,erevrv(ialn artem flJe CvM RcugM1Y»n voce ` ,ev ¢us"ay pram ee Cut wIN pl:ln as mm,le Rre�vt CaM:eta (mt SamavvR +nSlave eas eeArnpMCe "'a" E"') ueM at MnBe pvint) Np`aln ef�p xtwa..., Allyn Vlfual6aMer Woof ImIlmadwcotl In. reap NeUnl wend emy (vershm plank) I."urad lank) (1) Alm n a pastarts inesprpotatlnt a vehicle anti! may he measured m phe Aotborirr for bomiderdma (2) To provide additional casters, mo sided split face blocks Amy be Brad, however, the number shall not exceed 1/3 of the total split face and split face scored bloclm. SANTA CLaRA COUNTY TRAFFIC AUTHORITY PERFORMANCE AGREEMENT DAMES & MOORE ROUTE e5 WEST VALLEY CORRIDOR ATTACHMENT'S' 5 OF 5 LANDSCAPE P -9N AT -GRADE PROFILE .CONCEPTUAL LANDSCAPE TREATMENT YET , i SANTA CLARA COUNTY PERFORMANCE AGREEMENT TRAFFIC AUTHORITY ROUTE 65 WEST VALLEY CORRIDOR DAMES &MOORS ATTACHMENT *D_ T OF 7 GRASS /WILDFLOWER MIX _ . -"-:ROUTE 85 EVERGREEN TREES CONCEPTUAL LANDSCAPE TREATMENT LANDSCAPE PLAN BELOW -GRADE PR(,, ILE E_ '_ARGE DECIDUOUS TREES q LARGE SHRUBS t i saNra 'COUNTY PERFORMANCE AGREEMENT TRAFFIC AUTHORrrY ROUTE 85 WEST VALLEY CORRIDOR DAMES & MOORE ATTACHMENT -D' 2 OF 7 LANDSCAPE FLAN ELEVATED PROFILE CONCEPTUAL LANDSCAPE TREATMENT m t _� SANTA CI RA COUNTY PERFORMANCE AGREEMENT TRAFFIC AUTHORITY ROUTE E5 WEST VALLEY CORRIDOR DAMES &MOORE ATTACHMENT'O` 3 OF 7 LANDSCAPE PL "N LOCAL STREET INTERCHANGE_ SANTA CL.ARA COUNTY PERFORMANCE AGREEMENT TRAGIC AUTHORITY ROU .55 WEST VALLEY CORRIDOR DAMES &MOORS ATTACHMENT b" 4 OF 7 PERSPECTIVE SKE "CH LOCAL STREET INTERCHANGE I t (;� tl i I dull ter.. rl � .,.n � . Jki J y,�� ` �'h,�'` •_ _ 1A,4Y� SANTA CL RA COUNTY PERFORMANCE AGREEMENT 7FAt IIC AUTHORITY ROUTE 85 WEST VALLEY CORRIDOR DAMES& MOORE ATTACHMENT `D° 5 OF 7 CONCEPTUAL LANDSCAPE TREATMENT LANDSCAPE P' AN MAJOR FREEWAY -TO- FREEWAY INTERCHANGE GRASS /WILDFLOWER MIX IOUs TREES -aie• PERFORMANCE AGREEMENT ROUTE 85 WEST VALLEY CORRIDOR _ SANTA CLARA COUNTY TRAMC AUTRORRY DAMES & MOORE ATTACHMENT 'D' 6 OF 7 I PERSPECTIVE SKE -lH MAJOR FREEWAY-TO-FREEWAY INTERCHANGE - ' SANTA CURA COUNTY PERFORMANCE AGREEMENT TRA�ICAUT-IORITY ROUTE ES WEST VALLEY lY CORRIDOR DAMES & MOORE ATTACHMENT -D' 7 OF 7 WITH CUL -DE -SACS iAY AGREEMENT wxHxkqfi SOUNDWALL - FEDERAL /STATE POLICY SOUNDWALL - TRAFFIC AUTHORITY POLICY -- ----- VISUAL BARRIERS - TRAFFIC AUTHORITY POLICY ^ ° °. ° ° ° ° PEDESTRIAN OVERCROSSING HISTORIC PROPERTY BICYCLE PATH ` - --- BICYCLE BRIDGE WETLANDS MITIGATION SITE Attachment "C'" ROUTE 85 PERFORMANCE AGREEMENT' Sheet 2 of 3 Quito Road to Russo Drive MAY 1990 IQ J� tQ O v Q U e e g �e a,e us o sz c �2 k e MAfl10.'S tf t- ° /BERRY FARM - ,•f � f / f f � Y 010 NOM FOUR STREETS TO BE TER MATED WIT Q % INCLUDED IN STATE- COUNTY FREEWAY � d � N d ®t J4� 01 Yd �d N RM