1994-138-Sign First Amendment To Agreement #1 With The County of Santa Clara For Park ProjectRESOLUTION 1994 -138
RESOLUTION OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO SIGN
FIRST AMENDMENT TO AGREEMENT #1 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 a First Amendment to
Agreement #1 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 First
Amendment to Agreement #1 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
NAPES: None
ABSENT: Steven Blanton
ABSTAIN: None
SIGNED:
MAYOR O HE TOWN OF L GATOS
LOS GAT , CALIFORNIA
MGR074 A:ACNCLRPTS \103- 2RES.A
FIRST AMENDMENT TO AGREEMENT FOR PARR PROJECT""
BETWEEN COUNTY OF SANTA CLARA AND THE TOWN OF LOS GATOS
This Agreement is made and entered into between the COUNTY
OF SANTA CLARA, a political subdivison of the State of California
(hereinafter referred to as "COUNTY ") and the TOWN OF LOS GATOS
(hereinafter referred to as "TOWN ").
WHEREAS, the COUNTY and the TOWN entered into a funding
agreement for the County's providing $152,000 from the Park
Charter Fund dedicated to Park Projects to the TOWN to provide
partial funding for the cost of construction of nine - tenths mile
of the pedestrian trail located between Forbes Mill Footbridge
and Roberts Road;
WHEREAS, delays beyond the control of the TOWN occasioned by
CalTrans providing a right -of -way and requirements to re -bid the
contract require a 90 -day extension to the Agreement;
WHEREAS, the TOWN requires an extension beyond the
termination date of June 30, 1994, so as not to lose $38,000 in
funding since the underlying Agreement states that failure to
expend the funds by June 30, 1994 will cause the funds to revert
to the COUNTY for possible reprogramming;
WHEREAS, the parties desire to enter into a /90
day extension
to achieve the purposes of the underlying Agreement.
NOW, THEREFORE, in consideration of the mutual promises,
covenants and conditions, the COUNTY and the TOWN agree as
follows:
1. Section IV, entitled COMPENSATION (COUNTY) is amended to
provide as follows:
Said contribution must be expended by December 31,1994, or
said funds will revert to the COUNTY for possible reprogramming.
The third paragraph of Section IV is further amended as
follows:
Funds contributed by the COUNTY which are not expended prior
to December 31, 1994, under this Agreement, shall be returned to
the COUNTY.
2. Section VI, entitled TERM OF AGREEMENT is amended as
follows:
This Agreement shall become operative upon its execution by
the parties and shall remain operative until December 31,1994, or
until completion of the project and payment by the COUNTY,
whichever occurs first.
Except as expressly amended by this First Amendment, all
remaining provisions of the Agreement remain in effect.
WHEREFORE, the parties by their duly authorized
representatives have entered into this First Amendment on the
date shown below.
COUNTY OF SANTA CLARA
Rod Diridon, Chairperson
Board of Supervisors
TOWN OF LOS GATOS
ATTEST: Phyllis A. Perez, Clerk
Board of Supervisors
APPROVED AS TO FORM AND LEGALITY:
gthr� 1 '-
K n Ar Berry
Deputy County Counsel
W+e : xmt
luberry\amend