CC Resolution No. 00-091RESOLUTION NO. 00-091
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF COOPERATIVE AGREEMENT BETWEEN
THE CITY OF CUPERTINO AND THE STATE OF CALIFORNIA FOR RELINQUISHMENT
OF A PORTION OF STATE HIGHWAY 85
WHEREAS, there has been presented to the City Council a Cooperative Agreement No. 4-
1816C, for relinquishment of a portion of De Anza Boulevard (superseded State Route 85) between
Prospect Road and Rainbow Drive; and
WHEREAS, the provisions, terms, and conditions of the aforementioned agreement 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 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 204 day of March, 2000, by the following vote:
Vote
Members of the City Council
AYE S:
NOES:
ABSENT:
ABSTAIN:
Burnett, Chang, James, Lowenthal, Statton
None
None
None
ATTEST:
City Clerk
~Mayor, City of Cupertino
04-SCL-85-KP 20.65 / 21.25
(PM 12.9 / 13.2)
Saratoga-Sunnyvale Road
4238-437801
District Agreement No. 4-1816-C
Document No. SCL-43-
COOPERATIVE AGREEMENT
THIS AGREEMENT, ENTERED INTO ON , 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
STATE and CITY, pursuant to Streets and Highways Code Section 73, are authorized
to enter into a Cooperative Agreement providing for relinquishment to CI'i~ of a portion
of State Highway within CITY.
STATE desires to relinquish to CITY that portion of Route 85, between Prospect Road to
Rainbow Drive, referred to herein as ~RELINQUISHMENT" and CITY is willing to accept
said RELINQUISHMENT.
STATE and CITY have reached an understanding on the work necessary to place
RELINQUISHMENT in a state of good repair and have agreed to the amount
of $170,000.00 as the cost to perform such work.
STATE is willing to make a lump sum payment to CITY to satisfy STATE's obligation to
place RELINQUISHMENT in a state of good repair.
CITY is willing to accept a lump sum payment as STATE's total responsibility to place
RELINQUISHMENT in a state of good repair for the purpose of relinquishing highway to
CITY.
Relinquishment will occur upon approval by the California Transportation Commission
of a Resolution of Relinquishment and recording of said Resolution in the County
Recorders Office.
The parties hereto desire to define herein the terms and conditions under which
relinquishment is to be accomplished.
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District Agreement No. 4-1816-C
CITY AGREES:
SECTION I
Execution of this Agreement constitutes CITY's waiver of the ninety (90) days' notice of
"Intention to Relinquish" requirement contained in Section 73 of the Streets and
Highways Code.
To accept RELINQUISHMENT described in RECITALS, Article 2, upon receipt of lump
sum payment from STATE and approval by the California Transportation Commission
of a Resolution of Relinquishment and recording of said Resolution in the County
Recorders Office.
Upon the adoption, filing and recording of the Resolution of Relinquishment by the
California Transportation Commission, and upon CITY's receipt of STATE's payment, to
accept ownership, maintenance, operation and liability of the relinquished highway.
Payment of STATE's fmal contribution of $170,000.00 to CITY fully meets STATE's
responsibility to place RELINQUISHMENT in a state of good repair and CITY shall
accept RELINQUISHMENT and all rights, title and interest in, without any additional
cost to STATE.
To maintain the entire traffic control signals and safety lighting as installed at the
northbound and southbound intersections of State Route 85/ Saratoga-Sunnyvale
Road and pay an amount equal to 25% of the total maintenance costs, including
electrical energy costs.
To maintain, at its own cost and expense, remaining portions of the State Route
85/Saratoga-Sunnyvale Road overcrossing structure within its own CITY limits,
including the deck surface and above, as well as all traffic service facilities that may be
required for the benefit or control of CITY local road traffic.
STATE AGREES:
SECTION II
To make a lump sum payment, after allocation of funds and approval of the Resolution
of Relinquishment by the California Transportation Commission and deletion of
RELINQUISHMENT from the State Highway System, of $170,000.00 to CITY, which
figure represents STATE's final and only payment toward the cost of placing
RELINQUISHMENT in a state of good repair for the purpose of relinquishment.
To transfer to CITY, upon relinquishment, all records and files for the relinquished
section of highway, including, but not limited to, plans, survey data and right of way
information.
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District Agreement No. 4-1816-C
To reimburse CITY for STATE's proportionate share of the cost of maintenance of traffic
control signals and safety lighting as installed at the northbound and southbound
intersections of State Route 85/ Saratoga-Sunnyvale Road, such share to be an
amount equal to 50% of the total maintenance costs, including electrical energy costs.
To maintain, at STATE expense, the entire structure below the deck surface of the
State Route 85/Saratoga-Sunnyvale Road overcrossing.
SECTION III
IT IS MUTUALLY AGREED:
All obligations of STATE under the terms of this Agreement are subject to the
appropriation of resources by the Legislature and the allocation of resources by the
California Transportation Commission.
Neither STATE nor any officer or employee thereof is responsible for any damage or
liability occurring by reason of anything done or omitted to be done by CITY under or
in connection with any work, authority or jurisdiction delegated to CITY under this
Agreement. It is understood and agreed that, pursuant to Government Code Section
895.4, CITY shall fully defend, indemnify and save harmless the State of California, all
officers and employees from all claims, suits or actions of every name, kind and
description brought for or on account of injury (as defined in Government Code Section
810.0) occurring by reason of anything done or omitted to be done by CITY under or in
connection with any work, authority or jurisdiction delegated to CITY under this
Agreement.
Neither CITY nor any officer or employee thereof is responsible for any damage or
liability occurring by reason of anything done or omitted to be done by STATE under or
in connection with any work, authority or jurisdiction delegated to STATE under this
Agreement. It is understood and agreed that, pursuant to Government Code Section
895.4, STATE shall defend, indemnify and save harmless CITY from all claims, suits or
actions of every name, kind and description brought for or on account of injury (as
defined in Government Code Section 810.8) occurring by reason of anything done or
omitted to be done by STATE under or in connection with any work, authority or
jurisdiction delegated to STATE under this Agreement.
No alteration of the terms of this Agreement shall be valid unless made in writing and
signed by the parties hereto and no oral understanding or agreement not incorporated
herein shall be binding on any of the parties hereto.
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Dis~ict Agreement No. 4-1816-C
This Agreement shall terminate upon recording in the County Recorders Office of the
Relinquishment Resolution for RELINQUISHMENT, or on December 31, 2003,
whichever is earlier in time; however, the ownership, operation, maintenance, and
liability clauses shall remain in effect until terminated or modified, in writing, by
mutual agreement.
STATE OF CALIFORNIA
Department of Transportation
JOSE MEDINA
Director of Transportation
By:
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
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