CC Resolution No. 99-092RESOLUTION NO. 99-092
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF AMENDMENT TO AGREEMENT BETWEEN
THE STATE OF CALIFORNIA AND THE CITY OF CUPERTINO FOR
RELINQUISHMENT OF A PORTION OF DE ANZA BOULEVARD
WHEREAS, there has been presented to the City Council an Amendment to
Agreement to District Agreement No. 4-1677-A1, Document No. SCL-43-13791, for
additional work to be performed to bring a portion of De Anza Boulevard (superseded
State Route 85) into a state of good repair prior to the City accepting relinquishment of
said portion of the road; and
WHEREAS, the provisions, terms, and conditions of the aforementioned
amendment have been reviewed and approved by the City Attorney and the Director of
Public Works.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Cupertino hereby authorizes the Mayor and the City Clerk to execute said amendment to
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 5th day of April, 1999, by the following vote:
Vote
Members ofth_~e City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
BURNETT, CHANG, JAMES, STATTON, DEAN
NONE
NONE
NONE
ATTEST:
City Clerk
APPROVED:
Mayor, Cit~ of~C pertino
DRAFT
K-1 Pre-Approved
February 5, 1999
word/pc/
04-SCL-85-PM 14.1/15.6
DeAI~a Boulevard
4238-437821
District Agreement No. 4-1677-A1
Document No. SCL-43-13791
AMENDMENT TO AGREEMENT
THIS AMENDMENT TO AGREEMENT, ENTERED INTO ON Avril 5, 1999 ,
is between the STATE OF CALIFORNIA, acting by and through its Department of
Transportation, referred to herein as 'STATE", and
CITY OF CUPERTINO, a body politic and a
municipal corporation of the State of
California, referred to herein as 'CITY".
RECITALS
1. The parties hereto entered into an Agreement (Document No. SCL-43-13791) on April
7, 1997, said Agreement defining the terms and conditions to relinquish a portion of
DeAnza Boulevard (superseded State Route 85) within CITY, referred to herein as
'RELINQUISHMENT.
2. It has been determined that additional work is needed to bring RELINQUISHMENT in a
state of good repair prior to CITY accepting RELINQUISHMENT.
IT IS THEREFORE MUTUALLY AGREED:
Said additional work as shown on Exhibit B, dated January 7, 1999, attached and
made a part of this Amendment to Agreement, and Exhibit A shown in the original
Agreement will bring RELINQUISHMENT in a state of good repair.
Upon satisfactory completion of the additional work identified in Exhibit B,
City agrees to immediately accept RELINQUISHME _I'0' from STATE pursuant to the
terms of the original Agreement.
The other terms and conditions of said Agreement (Document No. $CL-43-13791) shall
remain in full force and effect.
DRAFT District Agreement No. 4-1677-A1
4. This Amendment to Agreement is hereby deemed to be part of Document No. $CL-43-
13791.
STATE OF CALIFORNIA
Department of Transportation
JOSE MEDINA
Director of Transportation
District Division Chief
Approved as to form and procedure:
CITY OF CUPERTINO
Mayor, City of Cupertino
Attest:
City Clerk
Attorney
Department of Transportation
Certified as to budgeting of funds:
Approved as to form and legality
City Attorney
District Budget Manager
Certified as to financial terms and
conditions:
Accounting Administrator
Cupertino City Council Resolution No. 99-092 attached.
2
January 7, 1999
EXHIBIT B
City of Cupertino
PM 14.1 - PM 15.6
Northbound and Southbound of S. De Anza Boulevard from
Bollinger Road (PM 14.1) to Stevens Creek Boulevard (PM 14.9)
Work proposed:
- 4.50 cm AC overlay throughout the project limits.
- Traffic stripe and markers throughout the project limits.
- All work proposed shall include all areas between existing curbs.