1992-138-Authorizing Execution Of A Joint Powers Agreement Between The City Of Monte Sereno And The Town Of Los Gatos For The Construction Of The Los Gatos Creek TrailRESOLUTION NO. 1992 -138
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AUTHORIZING EXECUTION OF A JOINT POWERS AGREEMENT BETWEEN THE
CITY OF MONTE SERENO AND THE TOWN OF LOS GATOS
FOR THE CONSTRUCTION OF THE LOS GATOS CREEK TRAIL - PROJECT NO. 8606
BE IT RESOLVED, by the Town Council of the Town of Los Gatos, County of
Santa Clara, State of California that the Town Manager is authorized to enter into a joint
powers agreement with the City of Monte Sereno for the construction of the Los Gatos
Creek Trail - Project No. 8606.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 20th Day of July, 1992 , by the following vote:
COUNCIL MEMBERS: Randy Attaway, Joanne Benjamin, Steven Blanton,
Brent N. Ventura, Mayor Eric D. Carlson
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
AGREEMENT BETWEEN THE CITY OF MONTE SERENO AND THE TOWN OF LOS
GATOS FOR THE CONSTRUCTION OF LOS GATOS CREEK TRAIL - PROJECT 8606
THIS AGREEMENT is made and entered into this day of , 19 ,
by and between the City of Monte Sereno, a municipal corporation, hereinafter referred to
as the "City" and the Town of Los Gatos, a municipal corporation, hereinafter referred to
as the 'Town ".
RECITALS
WHEREAS, The City has historically authorized the Town to apply for their State
of California, Department of Parks and Recreation Grant Funding; and,
WHEREAS, the Town has used those grant funds to improve park and recreational
facilities within the Town for the joint use of both agencies; and,
WHEREAS, the Town has identified a need to construct a multi - purpose
recreational trail; and,
WHEREAS, the City and the Town have determined that it is in the best interest
to cooperate in the construction of a multi - purpose recreational trail; and,
WHEREAS, the City and the Town desire to enter into an agreement for the
construction of a multi - purpose recreational trail for the benefit of the citizens of their
jurisdictions;
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
i. The Town will apply for grant funding from the State of
California, Department of Parks and Recreation under Project
Nos. 86 -3- 43008, 86- 3- 43009, 88 -2 -43005 and 88 -2 -43006
2• The proceeds from any state grant received pursuant to the
authority of this agreement shall be recorded in the Los Gatos
Creek Trail Project Fund and the Town shall report all receipts
and disbursements in a comprehensive project report, at least
annually.
3. The Town following the execution of agreements with the State
will construct the Los Gatos Creek Trail - Project No. 8606.
4. The Town shall construct and maintain the multi - purpose
recreational trail referred to in paragraph 2 in a safe and
serviceable condition for a 20 year period beginning with the
execution of this agreement.
5. The Town will allow the use of the Los Gatos Creek Trail by
the general public of the City.
6. The Town shall hold the City harmless from any liability or
claim of liability in any way associated with this agreement.
7. Upon a showing of good cause, either party may terminate this
agreement by written notice effective no sooner than 30 days
after delivery to the other party.
8. Upon termination or expiration of this agreement, all
improvements constructed with funds subject to the agreement
shall be and remain the property of the Town.
WITNESS THE EXECUTION HEREOF THE DAY AND YEAR FIRST
HEREIN ABOVE WRITTEN
City of Monte Sereno
A oved As To Form:
1
City Attorney
Town of Los Gatos
Approved As To Form
Town Attorney
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City of Monte Sereno
City Manager
Town of Los Gatos
Town Manager
Attest:
Ci Clerk
Attest:
Town Clerk