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Home My WebLink AboutCity Council Resolution 413 RESOLUTION NO. 413 RESOLUTION OF THE CITY OF SARATOGA CONSENTING TO THE RELINQUtSHMENT OF A PORTION OF FRUITVALE AVENUE AS A COUNTY HIGHWAY FOR IMPROVEMENT UNDER THE 1961 COUNTY EXPRESSWAY, BOND PROGRAM WHEREAS, the Board of Supervisors of the County of Santa Clara adopted a resolution on March 25, 1968 determining that it is of general county interest that Fruitvale Avenue between the intersection of Fruitvale Avenue and Saratoga Avenue (as this intersection is shown upon that certain Record of Survey entitled "Saratoga Avenue-Being a Portion of Quito Rancho and Lying within the County of Santa Clara" and filed in the office of the Recorder of the County of Santa Clara, State of California in Book 196 of Maps at page 55) and 1150 feet Southerly therefrom, be made a county highway within the City of Saratoga, and requesting the City of Saratoga to consent to the establishment of the proposed county highway and to relinquish to the county said portion of Fruitvale Avenue. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Saratoga, acting pursuant to the authority of Article 5 (commencing with section 1720), Chapter 9, Division 2 of the Streets and Highways Code, that said City Council hereby consents to the establishment of Fruitvale Avenue between the intersection of Fruitvale Avenue and Saratoga Avenue (as this intersection is shown upon that certain Record of Survey entitled "Saratoga Avenue-Being a poraion of Quito Rancho and Lying within the County of Santa Clara" and filed in the Office of the Recorder of the County of Santa Clara, State of California in Book 196 of Maps at page 55) and 1150 feet Southerly therefrom within the City of Saratoga, as a county highway, and does hereby relinquish said portion of Fruitvale Avenue to the County; provided, however, that such consent and relinquishment are subject to the provisions of that certain "Agreement between County of Santa Clara and City of Saratoga for Payment of Costs of Improve- menz Gf Fruitvale Avenue," approved by the Council concurrently with the adoption of this resolution, and the City retains jurisdiction # over said portion of said Fruitvale Avenue for the purposes set forth in said Agreement. BE IT FURTHER RESOLVED that the county does hereby agree and requests the City of Saratoga to agree to continue to maintain at City's expense those portions of Fruitvale Avenue between the inter- section of Fruitvale Avenue and Saratoga Avenue (as this intersection is shown upon that certain Record of Survey entitled "Saratoga Avenue-Being a portion of Quito Rancho and lying within the County of Santa Clara" and filed in the Office of the Recorder of the County of Santa Clara, State of California in Book 196 of Maps at page 55) and 1150 feet Southerly therefrom, until the date contractor commences construction of the project. Notification of such date shall be given in writing to City by County. BE IT FURTHER RESOLVED that the Clerk of the City Council is hereby directed to file two (2) certified copies of this resolution with the Board of Supervisors of Santa Clara County. ADOPTED this ..6th day of, March, 1968 , by the following vote: AYES: Councilmen Glennon, Tyler, Hartman, Burry, Robbins NOES: Councilmen none ~"1....,! ABSENT: Councilmen none Cit, yl Saratoga APPROVED AS TO FORM: .... ~ .............Date -2- AGREEMENT BETWEEN COUNTY OF SANTA CLARA AND CITY OF SARATOGA FOR PAYMENT OF COSTS OF IMPROVEMENT OF FRUITVALE AVENUE THIS IS AN AGREEMENT, made and entered into as of this day of .. , 1968, by and between the County of Santa Clara, hereinafter called "County", and the 'Cit" City of Saratoga, hereinafter called' y . WHEREAS, City and County wish to improve Fruitvale Avenue between Saratoga Avenue and San Marcos Road; and WHEREAS, for the purpose of this agreement, that portion of the total project lying along Fruitvale Avenue between the intersection of Fruitvale Avenue and Saratoga Avenue (as this inter- section is shown upon that certain Record of Survey entitled "Saratoga Avenue - being a portion of Quito Rancho and lying within the County of Santa Clara" and filed in the office of the Recorder of the County of Santa Clara, 'State of California in Book 196 of Maps at page 55) and 1150 feet southerly therefrom shall be known as Part "'A"; and WHEREAS, for the purpose of this agreement, that portion of the total project lying along Fruitvale Avenue between 1150 feet southerly from the above mentioned intersection and San Marcos Road shall be known as Part "B"; and WHEREAS, for the purpose of this agreement the construction of Pare A and the construction of Part B shall be known herein as "said Project"; and WHEREAS, the Board of Supervisors of the County of Santa Clara on , 1968, and the City Council of the City of Saratoga on March 6, , 1968, adopted a resolution determining that Part "A" be established as a County highway for purpose of construction; NOW, THEREFORE, City and County hereby agree as follows: 1. City shall proceed with diligence to prepare plans and specifications for the construction of improvements for said project and shall submit a copy of said plans and speci- fications to County for its approval thereof. · Z. City shat. proceed with diligence to acquire the necessary right of way to provide a total right of way width of ninety (90) feet for Fruitvale Avenue through out the length of the project. 3. Upon certification by the City that all required right of way for construction of this project has been acquired, covered by Right of Way Contract, Order for Possession or Right of Entry and upon approval by County of the plans and specifications for the construction of said project City shall forthwith advertise for bids for the construction of said Project, award a contract therefor, and supervise the construction thereof to completion. City agrees to require any contractor engaged to construct said Project to take out and maintain in full force and effect at all times during said construction public liability and property damage insurance in such form and in such limits of liability as is acceptable to County, insuring County, its officers, and employees from and against any and all loss, cost or expense arising out of or in any way connected with the construction of said Project. 4. Within thirty (30) days after approval of plans and specifica- tions by the County and upon advertising for bids for construction of project by City, the County shall withdraw from City's 1961 non- expressway bond funds the sum of $70,000 and will deposit said sum with City to defray the fight of way costs and final construction costs of Part A. 5. (a) As used in this agreement, the term "Final Construction Cost" shall mean the sum total of all the costs incurred and expenditures made by City, including, but not limited to, engineering costs and expenses, costs and expenses of preparing plans and specifications, costs and expenses for inspection, publication, advertisement and printing costs, and legal costs of the construction contract awarded by City for the Construction of said Project. Costs of extra work authorized by City and costs of all materials not included in the contract price of said construction contract shall not be included in the determination of final cons truc tion cos ts. -2- (b) As used in this agreement, the terms "right of way costs" shall mean the sum total of all costs incurred and expenditures made by City including, but not limited to, appraisal fees, title insurance fees, escrow fees, costs of preparation of diagrams, maps, descriptions and other documents, the purchase price of the said real property and all court costs, including jury fees, expert witness fees and witness fees. (c) Upon completion of construction of said Project and upon submission of evidence by City to County that title of ownership for right of way, as acquired for Part A, has passed to eitherTM the County or City, the County shall withdraw from City's 1961 non- expressway bond funds the sum of $19,793.94 and deposit said sum with the City as final payment for Part A of the project. (d) Sums paid by County to City under paragraph 4 and 5 (c) above shall be the County's full and final share of Part A of the project. 6. City shall award a contract for the construction of said Project on or before September 1, 1968. Except for reasons beyond the control of City, failure to award a contract by said date shall terminate this agreement ipso facto, and the same shall be of no further force or effect. COUNTY OF SANTA CLARA By Chairman, BSard of Supervisors ATTEST: JEAN PULLAN, Clerk of the Board of Supervisors CITY By · And , ~, ,/"/' ,:...,/t/ ATTEST:. < ~-;~'Z . .:...~ ' City Clerk ': APPROVED AS TO FORM: Date: -3-