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HomeMy WebLinkAbout93-040 County of Santa Clara 93-040 COUNTY OF SANTA CLARA -7Aw Transportation Agency 333 i North Fug!Sirpe Son Jose.CA May 5, 1993 Dorothy Cornelius, CMC City Clerk City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 SUBJECT: DEANZA BOULEVARD IMPROVEMENT PROJECT C.T.TY OF CUPERTINO Dear Ms . Cornelius: Enclosed are two (2 ) copies of the fully executed Cooperative Agreement relative to the County of Santa Clara providing right of way services. Sincerely!, ROSALYN M. ZEIGLER SENIOR PROPERTY AGENT RMZ: jb Attachments cc: Randy Sabado Bert Viskovich rmz4412 4 Boord of Supevisor: Mic`ioei M Hondo Zoe Lofgren Ron Gontolet RM Dindon Dionr�s McKenna Transportation Agency 4 nt C'loru County Rus_',qht Ril,I Rr.oi k Avrtu�e 3331 North First Street Son lo- CA-'51 34 19106 May 5, 1993 Dorothy Cornelius, CMC City Clerk City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 SUBJECT: DEANZA 13OULEVARD IMPROVEMENT PROJECT CITY CF CUPERTINO Dear Ms. Cornelius: Enclosed are two (2 ) copies of the fully executed Cooperative Agreement relative to the County of Santa Clara providing right of way services. Sincerely, ROSALYN M. ZEIGLER SENIOR PROPERTY AGENT RMZ : jb Attachments cc: Randy Sabado b6tt Viskovicb rmz4412 1 Hrxnd of Su�,ra.sors PAO'Ctel M Hondn /cr lnfgW•- ^on':inoz<ilet Rod DItidon,Dianne MrKe io COOPERATIVE AGREEMENT BY AND BETWEEN THE COUNTY OF SANTA CLARA AND THE CITY OF CUPERTINO FOR THE APPRAISAL AND ACQUISITION OF REAL PROPERTY « This cooperative agreement is by and between the County of Santa Clara, hereinafter referred to as "County, " and the City of Cupertino, hereinafter referred to as "City. " WHEREAS, City periodically has a need to appraise and acquire real property for public works projects; and WHEREAS, County has staff which is trained and experienced in the appraisal and acquisition of real property for public works projects , and has been certified for such work by the State of California; and WHEREAS, City is interested in periodically obtaining County' s assistance in the appraisal and acquisition of real property, and County has preliminarily indicated its willingness to provide such assistance as it can on an as-needed basis, NOW, THEREFORE, in consideration of the mutual terms, covenants, and conditions contained herein, the parties agree as follows : 1 . Work ( a) County, acting on behalf of City and in cooperation with City, shall follow its regular and customary procedure and practice to appraise and acquire parcels of real property designated by City. This work shall include, but shall not be limited to, the commission and review of appraisals , negotiation with the property owners, preparation of purchase agreements, and supervision of the relocation process, hereinafter collectively referred to a- "the work. " (b) County shall submit all proposed purchase offers to the City for approval prior to making a purchase offer to a property owner . It is understood, however , that the work shall end with the purchase negotiations with the property owner . It is further understood that while County shall not initiate formal eminent domain court proceedings to acquire any property for City, County shall provide as-needed assistance to City if City decides to initiate such proceedings . ( c ) County understands and acknowledges that a material inducement for City entering into this cooperative agreement is County' s certification by the State of California. In the event that County loses this certification, County shall give written notice to City within five ( 5) days. In such case , City shall have the right to terminate this cooperative agreement on five ( 5) days' written notice. Cooperative Agreement between County of Santa Cxara and City of Cupertino page 2 of 4 2 . Term This cooperative agreement shall commence on the date that it is fully executed and shall ave a term of three ( 3 ) years . it is understood, however , that this cooperative agreement may be terminated, by either party, on thirty ( 30 ) days' written notice. 3 . Compensation City shall reimburse County for its staff time in accordance with the schedule attached hereto as Exhibit "A" and incorporated by reference . In addition, City shall reimburse County for all costs and expenses incurred by County in performing the work . City shall provide such reimbursement within thirty ( 30) days after receipt of an invoice from County. It is understood by the parties that any and all costs and expenses incurred by County in performing the work shall be borne and reimbursed by City. 4 . Indemnification City -hall indemnify, reimburse, hold harmless , and defend County from any and all liability, damages, loss, costs, and obligations, including court costs and reasonable attorneys' fees, arising out of any claim, suit, judgment, loss, or expense occasioned by, but not ,limited to, injury or death of any person or persons, or loss or damage to any property, arising out of County' s performance of the work under this cooperative agreement. 5. Independent Contractor County shall perform all work under this cooperative agreement as an independent contractor and shall not in any way be considered an employee of City, and shall not acquire any of the rights, privileges, powers, or advantages of City employees. City shall not withhold federal income taxes from any payment to County. 6 . work is Confidential It is understood that all work performed by County pursuant to this cooperative agreement shall be confidential to the extent allowed by law, and shall not be disclosed to any perscn or entity without the prior written consent of City. Cooperative Agreement between County of Santa Clara and City of Cupertino page 3 of 4 7 . Assistance by City City shall provide County with copies of any relevant background source materials in its possession relating to the property to be acquired, such as previous appraisals, lease agreements, and income tax returns . 8 . Assignment This cooperative agrr-ament shall not be assigned to any other person or entity, in whole or in part, without the express written consent of City. 9 . Waiver The failure of either party to insist upon the strict performance of any of the terms, covenants, and conditions of this cooperative agreement shall not be deemed a waiver of any right or remedy that either party may have, and shall not be deemed a waiver of their right to require strict performance of all of the terms, covenants, and conditions thereafter . 10. Notice Any notice required to be given by either party, or which either party may wish to give, shall be in writing and served either by personal delivery or sent by certified or registered mail , postage prepaid, addressed as follows: To County: County of Santa Clara Transportation Agency Property Division Building B, 2nd Floor 3331 North First Street San Jose, CA 95134 or to such other place as County shall designate by written notice . To City: City of Cupertino c/o Bert Viskovich Director, Public Works 10300 Torre Avenue Cupertino, CA 95014 or to such other place as City shall designate by written notice. Cooperative Agreement between County of Santa Clara and City of Cupertino page 4 of 4 11 . Entire Agreement This cooperative agreement, along with any exhibits and attachments, constitutes the entire agreement by and between the parties relative to the work to be performed. Any prior or contemporaneous oral or written agreements by and between the parties or their agents or representatives relative to such work are hereby revoked and extinguished by this cooperative agreement. IN WITNESS WHEREOF, the parties have executed this cooperative agreement as follows: County City Date: -3-9 3 _ Date: _ �t Lawrence Reuter, Director Mick Sxa o, Mayor Transportation Agency City of Cupertino County of Santa Clara RECOMMENDED' FOR APPROVAL: ATTEST;.! Rosalyn Z e i gf I er 1 Dorott y CQ� nelius .Senior Property Agent City Clerk County of Santa Clara City of Cupertino EFFECTIVE DATE: L APPR D AS , O RM AND LP AP �T FORM: Harr soh DjTayl r Charles T. Kilian Deputy County Co nsel City Attorney RECOMMENDED FOR APPROVAL: Real Property Agent ( acg0105/created 3-19-93 ) rmx4339 "EXHIBIT A" Position Hourly Rate ( Including Overhead) Principal Real Estate Agent $86 .24 Senior Real Estate Agent $78.40 Associate Real Estate Agent $64 .40 Rates may be adjusted annually to reflect changes in salaries. RESOLUTION NO. 8854 A RESOLUTION OF T HF CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF COOPERATIVE AGREEMENT BETWEEN THE CITY OF CUPERTINO AND THE COUNTY OF SANTA CLARA FOR THE COUNTY TO PROVIDE APPRAISAL AND RIGHT-OF-WAY ACQUISITION SERVICES FOR THE DEANZA/280 BRIDGE WIDENING PROJECT WHEREAS, federal requirements mandate that appraisal and acquisition of real property for federally funded public works projects, more specifically the DeAnza/Route 280 Bridge Widening Project,must be performed by a certified agency; and WHEREAS, the City of Cupertino is not certified and wishes to engage the services of the County of Santa Ciura which is qualified and willing to render the necessary services in accordance with federal guidelines; and WHEREAS,there has been presented to the City Council a proposed Cooperative Agreement By ..and Between the County of Santa Clara and the City of Cupertino for the Appraisal and Acquisition of Real Property; and WHEREAS,the provisions, of the agreement have been reviewed and approved by the Director of Public Works and the City Attorney; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cupertino hereby approves the aforementioned agreement and authorizes the Mayor and City Clerk to execute said agreement on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 6th day of April , 1993, by the following vote: Vote Members of the City Council AYES: Dean, Goldmaa, Koppel, Sorensen, Szabo NOES: None ABSENT: None ABSTAIN: None Y Tronsportotion Agency Santo Ckvo County BL%,light Rai Roods,Aviation 3331 North first Street Son Jose,CA 95134.1906 April 7, 1993 PUBUC WORKS Bert J. Viskovich APR 12 199� Director Public Works City of Cupertino 100300 Torre Pine Avenue Cupertino, CA 95014 SUBJECT: DE ANZA BOULE&RD IMPROVEMENT PROJECT Dear Mr. Viskovich: Enclosed is the original Cooperative Agreement between the County - f Santa Clara and the City of Cupertino for the Appraisa] and Acquisition of Real Property. When the agreement has been signed by the appropriate parties, please return it to this office for execution on behalf of the County. If you have any questions, please call me at #321-5777 . Yours truly, ROSALYN M. ZEIGLER r/ SENIOR PROPERTY AGENT RMZ:jb Attachment: cc: RS JP rmz4369 April 15, 1993 CITY-CLERK: ,,, (CC 4/6/93) ATTACHED ARE THREE COPIES OF THE AGREEMENT. PLEASE PROCESS FOR SIGNATURES OF CITY OFFICIALS THEN TRANSMIT TO THE COUNTY FOR COMPLETION AS INDICATED IN LETTER. THANK YOU, 4 Board of Supervisors,Michael M.Hondo,Zoo lotgren,Ron Goni 1':p�'� tr' onne Nt[Ki!tiria COOPERATIVE AGREEMENT BY AND BETWEEN THE COUNTY OF SANTA CLARA AND THE CITY OF CUPERTINO FOR THE APPRAISAL AND ACQUISITION OF REAL PROPERTY This cooperative agreement is by and between the County of Santa Clara, hereinafter referred to as "County, " and the City of Cupertino, hereinafter referred to as "City. " WHEREAS, City periodically has a need to appraise and acquire real property for public works projects; and WHEREAS, County has staff which is trained and experienced in the appraisal and acquisition of real property for public works projects, and has been certified for such work by the State of California; and WHEREAS, City is interested in periodically obta1-ing County' s assistance in the appraisal and acquisition of real property, and County has preliminarily indicated its willingness to provide such assistance as it can on an as-needed basis, NOW, THEREFORE, in consideration of the mutual terms, covenants, and conditions contained herein, the parties agree as follows: 1 . Work ( a ) County, acting on behalf of City and in cooperation with City, shall follow its regular end customary procedure and practice to appraise and acquire parcels of real property designated by City. This work shall include , but shall not be limited to, the commission and review of appraisals, negotiation with the property owners, preparation of purchase agreements, and supervision of the relocation process, hereinafter collectively referred to as "the work . " ( b) County shall submit all proposed purchase offers to the City for approval prior to making a purchase offer to a property owner . It is understood, however , that the work shall end with the purchase negotiations with the property owner . It is further understood that while County shall not initiate formal eminent domain court proceedings to acquire any property for City, County shall provide as-heeded assistance to City if City decides to initiate such proceedings. ( c ) County understands and acknowledges that a material inducement for City entering into this cooperative agreement is County' s certification by the State of California. In the event that County loses this certification, County shall give written notice to City within five ( 5) days. In such case, City shall have the right to terminate this cooperative agreement on five ( 5 ) days' written notice. Cooperative Agreement between County of Santa Clara and City of Cupertino page 2 of 4 2 . Term This cooperative agreement shall commence on the date that it is fully executed and shall have a term of three ( 3) years. It is understood, however, that this cooperative agreement way be terminated, by either party, on thirty ( 30 ) days' written notice. 3 . Compensation City shall reimburse County for its staff time in accordance with the schedule attached hereto as Exhibit "A" and incorporated by reference . in addition, City shall reimburse County for all costs and expenses incurred by County in performing the work . City shall provide such reimbursement within thirty ( 30 ) days after receipt of an invoice from County. It is understood by the parties that any and all costs and expenses incurred by County in performing the work shall be borne and reimbursed by City. 4 . Indemnification City shall indemnify, reimburse, hold harmless, and defend County from any and all liability, damages, loss, costs, and obligations, including court costs and reasonable attorneys' fees, arising out of any claim, suit, judgment, loss, or expense occasioned by, but not limited to, injury or death of any person or persons , or loss or damage to any property, arising out of County' s performance of the work under this cooperative agreement . 5 . independent Contractor County shall perform all work under this cooperative agreement as an independent contractor and shall not in any way be considered an employee of City, and shall not acquire any of the rights, privileges, powers, nr advantages of City employees . City shall not withhold federal income taxes from any payment to County. 6 . work is Confidential It is understood that all work performed by County pursuant to this cooperative agreement shall be confidential to the extent allowed by law, and shall not be disclosed to any person or entity without the prior written consent of City. Cooperative Agreement between County of Santa Clara and City of Cupertino page 3 of 4 7 . Assistance by City. City shall provide County with copies of any relevant background source materials in its possession relating to the property to be acquired, such as previous appraisals, lease agreements, and income tax returns. S . Assignment This cooperative agreement shall not be assigned to any other person or entity, in whole or in part, without the express written consent of City. 9 . Waiver The failure of either party to insist upon the strict performance of any of the terms, covenants, and conditions of this cooperative agreement shall not be deemed a waiver of any right or remedy that either party may have, and shall not be deemed a waiver of their right to require strict performance of all of the terms, covenants, and conditions thereafter . 10. Notice Any notice required to be given by either party, or which either party may wish to give, shall be in writing and served either by personal delivery or sent by certified or registered mail , postage prepaid, addressed as follows: To County: County of Santa Clara Transportation Agency Property Division Building B, 2nd Floor 3331 North First Street San Jose, CA 95134 or to such other place as County shall designate by written notice . To City: City of Cupertino c/o Bert Viskovich Director, Public Works 10300 Torre Avenue Cupertino, CA 95014 or to such other place as City shall designate by written notice. MIN Cooperative Agreement between County of Santa Clara and City of Cupertino page 4 of 4 11 . Entire Agreement This cooperative agreement, along with any exhibits and attachments, constitutes the entire agreement by and between the parties relative to the work to be performed. Any prior or contemporaneous oral or written agreements by and between the parties or their agents or representatives relative to such work are hereby revoked and extinguished by this cooperative agreement. IN WITNESS WHEREOF, the parties have executed this cooperative agreement as follows: r County City Date : 3 Date: T L Lawrence Reute , Dire or ME Szabo, Mayor Transportation Agency City of Cupertino County of Santa Clara RECOMMENDED' FOR APPROVAL: ATTI- T: Rosalyn Ze g er Doro y Co a ius Senior Property Agent City Clerk County of Santa Clara City of Cupertino EFFECTIVE DATE: i APPR D AS 116 RM AOD LEGAALITY: APPPR�VEP T FORM: Harr so . D Tay r C ai es Ri ian Deputy County Co nsel City Attorney RECOMMENDED FOR APPROVAL: Real Property Agent ( acg0105/created 3-19-93 ) rmz4339 e "EXHIBIT A" Position Hourly Rate ( Including overhead), Principal Real Estate Agent $86. 24 Senior Real Estate Agent $78.40 Associate Real Estate Agent $64 . 40 Rates may be adjusted annually to reflect changes in salaries. RESOLUTION NO. 38S4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF COOPERATIVE AGREEMENT BETWEEN THE CITY OF CUPERTTNG AIND THE COUNTY OF SANTA CLARA FOR THE COUNTY TO PROVIDE APPk.NISAL AND RIGHT-OF-WAY ACQUISITION SERVICES FOR THE DEANZAi280 BRIDGE WIDENING PROJECT WHEREAS, federal requirements mandate that appraisal and acquisition of real property for federally funded public works projects,rpore specifically the DeAnza/Route 290 Bridge Widening Project, must be performed by a certified agency; and WHEREAS,the City of Cupertino is not certified and wishes to engage the services of the County of Santa Clara which is qualified and willing to render the necessary services in accordance with federal guidelines; and WHEREAS, there has been presented to the City Council a proposed Cooperative Agreement By and Between the County of Santa Clara and the City of Cupertino for the Appraisal and Acquisition of Real Property; and WHEREAS,the provisions,of the agreement have been reviewed and approved by the Director of Public Works and the City Attorney; NOW, THEREFORE, BE IT RESOLVED,that the City Council of the Cite of Cupertino hereby approves the aforementioned agreement and authorizes the Mayor and City Clerk to execute said agreement on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 6 t h _day of_, April , 1993, by the following vote: Vote Members of the City Council AYES: Dean, Goldman, Koppel, Sorensen, Szabo NOES: None ABSENT: None ABSTAIN: None s RESOLUTION NO. 8854 APPROVED: /s/ Nick Szabo Mayor,City of Cupertino ATTEST: /s/ Dorothy Cornelius City Clerk