1994-139-Sign Agreement #2 With The Santa Clara County For Park ProjectRESOLUTION 1994 -139
RESOLUTION OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO SIGN
AGREEMENT #2 WITH
THE COUNTY OF SANTA CLARA
FOR PARK PROJECT (LOS GATOS CREEK TRAIL)
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 #2 with the
County of Santa Clara for park project (Los Gatos Creek Trail), and that the Town
Manager is authorized, and is hereby directed, to execute said Agreement #2 in the name
and on behalf of the Town of Los Gatos (as attached).
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 3rd day of October, 1994 by the following vote:
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Linda Lubeck, Patrick O'Laughlin
Mayor Randy Attaway
NAYES: None
ABSENT: Steven Blanton
ABSTAIN: None
SIGNED:
MAYOR THE TOWN O S GATOS
LOS GATOS, CALIFORNI
MGR074 A: \CNCL.RPTS \10- 3- 2RES.B
SECOND AGREEMENT
FOR PARK PROJECT BETWEEN
THE COUNTY OF SANTA CLARA AND
THE TOWN OF LOS GATOS
TOWN CLER)t
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This Agreement is made and entered into between the COUNTY OF SANTA CLARA,
a political subdivision of the State of California (hereinafter referred to as "COUNTY ") and the
TOWN OF LOS GATOS (hereinafter referred to as "TOWN ").
WHEREAS, certain property located between Forbes Mill Footbridge and Roberts Road,
in the Town of Los Gatos, California, is held under public ownership. The property (hereinafter
"trail project ") shall be open for public access for all County residents and visitors on an equal
basis; and
WHEREAS, the COUNTY and the TOWN entered into a previous agreement dated
January 25, 1994, whereby the COUNTY provided $152,000 for partial payment of the costs
of construction of trail project; and
WHEREAS, the TOWN submitted a park funding proposal to the COUNTY to provide
partial funding toward the cost of construction of one quarter mile of trail, located between
Miles Avenue and Saratoga Avenue and one -tenth of a mile section of cantilevered trail as shown
on Exhibits IA and 1B for the benefit of the public; and
WHEREAS, the COUNTY has requested as a condition of its funding, and the TOWN
has agreed, to undertake construction and to assume the obligation for continued maintenance
of the trail in perpetuity; and
WHEREAS, the County Parks and Recreation Commission reviewed the merits of the
project and conveyed its recommendation to the Board of Supervisors to approve the expenditure
of an additional $150,000.00 from the Park Charter Fund dedicated to park projects to assist the
TOWN with the Project; and
WHEREAS, the COUNTY desires to contribute funds from the COUNTY Park Charter
Fund 1994 -1995 budget necessary for the completion of the Project.
NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions
herein, COUNTY and TOWN agree as follows:
SECTION I. FINDING "FOR PARK PURPOSES"
The Board of Supervisors has reviewed the facts in support of the Project and the
recommendation of approval by the County Parks and Recreation Commission that the COUNTY
expend $150,000.00 of the Park Charter Fund dedicated to park projects within the COUNTY's
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1994 -1995 budget, and hereby finds that the Project is located in Santa Clara County, that the
Project is on lands which are under public ownership, that it will be open to the public for park
purposes, and will benefit all citizens of Santa Clara County, and that it will serve county park
purposes.
SECTION I. PROJECT
1. Responsibility of TOWN. The TOWN shall have the responsibility for the following
matters with respect to the Project, which matters are hereinafter referred to as "Project ",
and TOWN shall act promptly and without delay with respect to such matters.
a) Shall satisfy the condition of maintaining the property as a public park upon
which the Project is located with assurances of non - exclusive public access to the
Project.
b) Preparation of plans and specifications for Project and construction and or repairs
associated with the Project.
c) Hiring, contracting for, or otherwise retaining the professional services of
architects, engineers, and other professional experts as required.
d) Securing all approvals of all government agencies, which are a prerequisite of the
Project. The TOWN, as a condition of this grant, shall use its best efforts to
secure permanent public access and ownership of the trail sections to be
constructed with the COUNTY'S contribution and shall further report to the
COUNTY the status of these negotiations with an estimate of the time of
completion of ownership thereof as a condition of the release of the final
payment.
e) Obtaining bids in accord with the requirements of the COUNTY and awarding the
contract for construction of the Project and supervising and administering the
Project.
f) Securing performance and payment bonds or other acceptable guarantees to assure
completion of the Project and the payment of laborers and suppliers of material.
g) As a condition of funding, the TOWN shall recognize the fmancial contribution
of the Santa Clara County Board of Supervisors and the County Parks and
Recreation Commission by providing permanent signage to that effect on the site.
2. Capital Contributions by Parties to Project.
a) COUNTY's contribution is conditioned upon the TOWN's fast providing
evidence of public ownership and permanent public access of the real property
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upon which the trail shall be constructed to the Santa Clara County Parks and
Recreation Department for lands on which the Project is situated.
b) COUNTY's contribution shall be expended exclusively for the construction of the
park Project for one - quarter mile of trail located between Miles Avenue and
Saratoga Avenue and one -tenth mile section of cantilevered trail as shown on
Exhibits 1A and 1B attached hereto and incorporated herein by reference.
c) The TOWN will be responsible for obtaining any excess funds needed for the
completion of the Project, and, be responsible for ongoing maintenance and
operation of the completed Project.
3. Minority Enterprises Policies. In awarding contracts under this Agreement,
TOWN shall comply with the Minority Business Enterprises Policies of COUNTY in
effect at time of award.
4. Public Park Purposes. Parties to this Agreement understand and agree that the
subject property and /or Project improvements are to be open to all members of the public
for public park purposes regardless of the underlying ownership of the property.
SECTION III. OPERATION AND MAINTENANCE
It is mutually understood that the Project will be constructed, operated and maintained
by the TOWN for the benefit of the public.
SECTION IV. COMPENSATION (COUNTY)
As set forth in the Recitals and in Paragraphs Section II, 1. a) and 1. b) and in Section
2. a) , the COUNTY shall contribute a sum of $150,000.00 to be used only for Project as set
forth herein. Said sum shall be set aside by COUNTY out of appropriated funds in the 1994-
1995 fiscal year, to be paid on a reimbursement basis. TOWN will provide COUNTY a
detailed, itemized invoice requesting reimbursement of costs of the Project incurred by the
TOWN. TOWN's invoice shall be submitted to the County Director of Parks and Recreation,
along with a copy of any payment receipts indicating the amount of progress payments made by
the TOWN and a report of the status of the Project, a copy of construction inspection reports,
if applicable, indicating amount of work completed and copies of any release of liens or payment
bonds therefore to protect subcontractors, if applicable.
If the invoice is satisfactory, COUNTY shall provide payment to TOWN within 30 days
of receipt of a satisfactory invoice. If the invoice is not satisfactory, COUNTY has the option
to require additional information which will cause the invoice to be satisfactory, or to pay the
part of the invoice which is satisfactory and decline payment for the remainder, or combination
thereof. COUNTY's contribution must be expended by December 31, 1995, or said funds will
revert to the COUNTY for possible reprogramming.
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Records of the Project shall be maintained for audit purposes for three years after
completion of the Project or until all claims are settled, whichever occurs last. All records and
data shall be available to COUNTY upon reasonable notice within five (5) working days of a
request by COUNTY. TOWN shall repay COUNTY with interest at the rate earned on
COUNTY's investments for any unauthorized expenditures disclosed by audit or inspection,
including the cost of the audit, within thirty (30) days of demand by COUNTY. Prior to
disposal of any such records, TOWN shall notify COUNTY and COUNTY shall have the
opportunity to place records in storage unless written release is granted by the Director of the
Parks and Recreation Department. Funds contributed by the COUNTY which are not expended
prior to December 31, 1995, under this Agreement shall be returned to the COUNTY.
SECTION V. LIABILITY
TOWN shall defend, indemnify and hold harmless COUNTY, its officers, employees,
and agents from any loss, injury, or damage arising out of or in connection with any acts or
omissions related to the Project or to the performance of this Agreement.
SECTION VI. TERM OF AGREEMENT
This Agreement shall become operative upon its execution by the parties and shall remain
operative with the TOWN until December 31, 1995, or until completion of the Project and
payment by the COUNTY, whichever occurs fast. The obligations for public access as a park
on an equal basis to all citizens of the COUNTY shall remain operative in perpetuity.
SECTION VII. AUTHORIZED SIGNATURES
The TOWN has appointed the undersigned and has conferred to that person the authority
to execute this Agreement.
SECTION VIII. NOTICES
Any notices provided herein shall be mailed to the respective parties address as follows:
COUNTY: Director
Parks and Recreation Department
298 Garden Hill Drive
Los Gatos, CA 95030
TOWN: Town of Los Gatos
Los Gatos, California 95030
M
WHEREFORE, the parties by their duly authorized representative(s) have entered into
this Agreement on the date shown below.
COUNTY OF SANTA CLARA TOWN OF LOS GATOS
ROD DIRIDON, Chairperson
Board of Supervisors
Dated:
ATTEST: PHYLLIS A. PEREZ, Clerk
Board of Supervisors
APPROVED AS TO FORM AND LEGALITY:
KATHRYN A. BERRY
Deputy County Counsel
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