CC Resolution No. 61830 0
RESOLUTION NO. 6183
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO AUTHORIZING EXECUTION OF AGREEMENT
BETWEEN THE SANTA CLARA COUNTY TRANSIT DISTRICT AND
THE CITY OF CUPERTINO FOR COST SHARING FOR REPAIR
OF PAVEMENT ADJACENT TO BUS STOP AT MILLER
AVENUE AND STEVENS CREEK BOULEVARD
WHEREAS, there has been presented to the City Council a
proposed agreement by and between the City of Cupertino and
the Santa Clara County Transit District providing for the
improvement of the bus stop on Miller Avenue and Stevens
Creek Boulevard, which project rests on City right -of -way;
and
WHEREAS, the District wishes to construct the project
and the City desires to share equally in the construction
costs of the project; and
WHEREAS, the terms and provisions of the proposed
agreement have been approved by the Director of Public
Works and the City Attorney;
NOW, THEREFORE, BE IT RESOLVED that the Mayor and the
City Clerk are hereby authorized to execute the herein
referred to agreement in behalf of the City of Cupertino.
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PASSED AND ADOPTED at a regular meeting of the City
Council of the City of Cupertino this 17th day of October,
1983 by the following vote:
Vote Members of the City Council
AYES: Catto, Johnson, Rogers, Sparks, Plungy
NOES: None
ABSENT: None
ABSTAIN: None
APPROVED:
'1 or, 'ty of Cup o
ATTEST:
City Clerk
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AGREEMENT-BETWEEN, THE SANTA CLARA COUNTY TRANSIT DISTRICT
AND THE CITY OF CUPERTINO
This is an agreement by and between the Santa Clara County
Transit District, hereinafter called the "District ", and the City
of Cupertino, CA. hereinafter called the "City ".
RECITALS
Whereas, the City and District wish to improve the bus stop
on Miller Avenue, and Stevens Creek, referred to hereinafter as
the "Project "; and
Whereas, The Project will rest on City right -of -way; and
Whereas, the District wishes to construct the Project and
the City desires to share equally in the construction costs of
the Project,
Now, therefore, City and District hereby agree as follows:
1. Scope .of Project
The scope of the Project consists of the improvements of
street pavement sections on Miller Avenue in the southbound
direction, farside Stevens Creek Boulevard. The improved
sections amount to approximately 62 feet in length by 10
feet in width including 77 linear feet of curb and gutter
and 390 square feet of sidewalk.
2. Preparation of _Plans, Specifications and Estimates
District shall proceed to prepare plans, specifications and
estimates for the construction of the Project and shall
submit a copy of said plans, specificatons and estimate to
the City for its approval thereof. Upon approval by both
parties, District shall award and supervise the contract to
completion.
3. Construct i• Cost •
As used in this agreement, the term "Construction Cost"
shall mean the cost of any and all Project work authorized
by the District.
4. CityPartici action
Upon completion of the Project and submission of a final
bill to the City by the District, the City will reimburse
the District for one -half of the construction cost; said
reimbursement not to exceed $5000.
5. Indemnification
It is agreed that District shall fully indemnify, defend and
hold harmless the City and its officers, agents and
employees from any liability for injury to persons or
property caused by the negligence or willful misconduct of
District or its agents or employees in the performance of
the work specified hereunder.
It is further agreed that City shall fully indemnify, defend
and hold harmless District and its officers, agents and
employees from any liability for injury to persons or
property caused by the negligence or willful misconduct of
City or its agents or employees in the performance of the
work specified hereunder.
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IN WITNESS WHEREOF, the parties hereto have entered into
• this Agreement as of
SANTA CLARA COUNTY TRANSIT DISTRICT
BY
Susanne Wilson, Chairperson,
Transit District Board of
Supervisors
ATTEST: DONALD M. RAINS, Clerk
Board of Supervisors and
ex officio Secretary
Date:
CITY OF CUPERTINO
BY
Date:
APPROVED AS TO FORM AND LEGALITY:
DonAld J. Baker
Deputy County Counsel
Date:
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City Clerk
Approved as to form:
City Attorney