1992-206-Authorizing Pollard Road/More Avenue Traffic Signal Maintenance AgreementRESOLUTION 1992 -206
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING POLLARD ROAD /MORE AVENUE
TRAFFIC SIGNAL MAINTENANCE AGREEMENT
RESOLVED, by the Town of Los Gatos, County of Santa Clara, State of California,
that the Town of Los Gatos enter into that agreement entitled "Agreement -- The Town of
Los Gatos and the City of Campbell for Maintenance of Traffic Signal at Pollard
Road /More Avenue intersection ", with the City of Campbell, a copy of which is attached
hereto, and that the Mayor is authorized, and he is hereby directed, to execute said
agreement in the name and in behalf of the Town of Los Gatos.
FURTHER RESOLVED, that the Town Clerk is hereby directed to record said
agreement with the County Recorder of Santa Clara County.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 16th day of November, 1992, by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Brent N. Ventura
Mayor Eric D. Carlson
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED: C "7 z.
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST: }
CLERK OF THE TOWN OF WS GATOS
LOS GATOS, CALIFORNIA
L31 \cncirpts \campbell.agm
OWN CLERK
AGREEMENT RF(sn g9„
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FOR MAINTENANCE OF TRAFFIC SIGNAL AT
POLLARD ROAD /MORE AVENUE INTERSECTION
THIS AGREEMENT is made and entered into this
1992 by and between the TOWN OF LOS GATOS, a municipal
corporation (referred to as "Los Gatos" in this Agreement) and the CITY OF
CAMPBELL, a municipal corporation (referred to as "Campbell" in this Agreement).
RECITALS:
WHEREAS, the Pollard Road and More Avenue intersection is common to the
corporate limits of both Los Gatos and Campbell; and
WHEREAS, the current maintenance and operation agreement between Los Gatos and
Campbell for the traffic signal and traffic related improvements at the Intersection has
not been updated for years; and
WHEREAS, both parties desire to enter into a new agreement to establish the
conditions under which the Intersection is to be operated and maintained;
NOW, THEREFORE, in consideration of their mutual promises, covenants and
agreements, and subject to the terms, conditions and provisions set forth, the parties
agree as follows:
TERMS AND PROVISIONS
Campbell shall, at its sole cost and responsibility, operate and maintain the
traffic signal and traffic related improvements at the Pollard Road and More
Avenue intersection.
II. Campbell shall be the administering agency and shall possess all powers
common to both Los Gatos and Campbell that may be necessary to effectuate
the purpose of this Agreement, subject only to the the restrictions imposed by
law upon Campbell in the exercise of such powers.
III. For purposes of this Agreement only:
1. The term "intersection" shall mean the intersecting area of the rights of
way of Pollard Road and More Avenue and the rights of way on the four
legs extending for a distance of three hundred (300) feet from the right -
of -way lines of the intersecting streets.
2. "Traffic signal" shall mean all traffic signal facilities and any appurtenant
intersection safety lighting at the intersection and at the approaches to
the intersection.
3. "Improvements" shall mean pavements, structures, utilities, signs,
markings, or pavement markers at the intersection.
4. The term "operate and maintain" shall mean the provision of services
a and payment of capital and labor costs for repairs, replacements,
inspections, adjustments and electrical energy expenses related to the
operation and maintenance of the traffic signal and traffic related
improvements at the intersections.
IV. It is mutually understood and agreed:
(a) That neither Campbell, 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, defend, and hold Campbell harmless from any liability imposed
for injury (as defined by Government 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. This indemnity shall extend to reasonable costs and attorney's
fees incurred in defense of any action covered by this paragraph.
(b) That neither Los Gatos 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 Campbell under or in connection with any work, authority or
jurisdiction delegated to Campbell under this Agreement. It is also understood
and agreed that, pursuant to Government Code Section 895.4, Campbell shall
indemnify, defend, 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 Campbell under or in connection with
any work, authority or jurisdiction delegated to Campbell under this Agreement.
This indemnity shall extend to reasonable costs and attorney's fees incurred in
defense of any action covered by this paragraph.
V. This Agreement shall be in effect until terminated by either party. Either Los
Gatos or Campbell may terminate the Agreement upon a thirty (3W days prior
written notice at any time. Either party may request that a new Agreement be
negotiated at any time.
In consideration of the provisions of this Agreement, Los Gatos and Campbell, by
executing this Agreement through the signatures of the authorized officials below, do
agree to proceed immediately to enact all provisions of this Agreement.
FOR THE TOWN OF LOS GATOS, CALIFORNIA:
Eric D. Carlson, Mayor Date
FOR THE CITY OF CAMPBELL, CALIFORNIA:
Donald R. Burr, Mayor
APPROVED AS TO FORM:
Los Gatos City Attorney
Campbell City Attorney
Date
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