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01-045 MOU SCVTA, SCC~~, ~\' MEMORANDUM OF UNDERSTANDING OF THE CITY OF CAMPBELL, CITY OF CUPEF:TINO, TOWN OF LOS GATOS CITY OF SARATOGA, COUNTY OF SANTA CLARA AND SANTA CLARA VALLEY TR:ANSPORTATIC-N AUTHORITY THIS MEMORANDUM OF UNDERST~~NDING is made and entered this a ~ ~ day of F~ rvut,r , 2001, between and among the City of Campbell, City of Cupertino, Town of Los Gatos, City of Saratoga, County of Santa Clara, acid Santa Clara Valley Transportation Authority (collectively, the "local agencies") in a joint effort to study the feasibility of developing a trail along Union Pacific Railroad track alignment. "Che Memorandum of Understanding addresses principles regarding the issues related to development of the proposed Union Pacific Railroad Trail, including the feasibility study, task force, local match, negotiation strategy, and other principles. RF(~TTAT.~ There is interest among the local agencies in developing the proposed Union Pacific Railroad Trail for both recreational and commuting uses. 7'o this end, the local agencies desire to conduct a study to determine the feasibility of such development, and to determine the feasibility of acquiring easements from the Union Pacific Railroad Company by the negotiation of terms. The proposed Trail for the feasibility study, is located in the West Valley of Santa Clara County, and extends from the Town of Los Gatos through the City of Campbell and the City of Saratoga to the City of Cupertino within the right-of--way of the Union Pacific Railroad Company (see Exhibit A for project location). The proposed Trail is included as a Regional Trail Route in the Santa Clara County Trails Master Plan. The Santa Clara County General Plan idenl:ifies it as a proposed trail. The proposed Trail also is identified as a part of Cross-County bicycle corridor in the Santa Clara Countywide Bicycle Plan. The proposed Trail would have the potential to be included as part of the Juan Bautista De Anza National Historic Trail, a National Millennium Trail. The Bicycle Expenditure Program in the Santa Clara Countywide Bicycle Plan includes $3,400,000 for initial development of the proposed Trail, including a feasibility study. Of this, Santa Clara Valley Transportation Authority his allocated $2,720,000 (80%). The City of Campbell, City of Cupertino, Town of Los Gato:~, and City Saratoga shall contribute $680,000 (20%) as local match. PR TN(:TPT .F.R Subject to compliance with all applicable laws, all local agencies to this Memorandum of Understanding agree as follows: 1 ~~~ ~ 7 ~~1 1. The local agencies will establish a task force, which will meet monthly to oversee development of the feasibility study on the proposed Union Pacific Railroad Trail. The scope of work for the feasibility study will be jointly determined and approved by not less than a 2/3 vote of the task force. 2. Each local agency will designate a staff representative and a community representative to serve on this task force. Each local agency sh~rll have one vote on the task force. 3. The City of Cupertino will act as lead agency to support the task force and administer work associated with the feasibility study, including management of the consultant. Their staff costs will not be reimbursed. 4. The costs to develop the feasibility study will not exceed $200,000, which includes $160,000 from the Santa Clara Valley Transportation Authority and $40,000 as a local match. 5. The City of Campbell, City of Cupertino, Town of Los Gatos, and City of Saratoga will each contribute towards their local match (see Exhibit B) within 60 days of the execution of the contract for the feasibility study consultant. The task force must approve any additional costs. Excess funds will be returned to the local agencies. 6. The City of Cupertino will engage a consultant to perform transportation planning and traffic engineering services for the feasibility study. 7. The City of Cupertino will engage a consult<nt to perform project management services to manage work of the feasibility study consultant. 8. Any of six local agencies may, upon 60 days written notice to the other local agencies, withdraw from this Memorandum of Understanding, however, any monies for the local match will not be returned. IN WITNESS WHEREOF, the local agencies hereto pursuant to resolution of their respective governing boards, have caused this Memorandum of Understanding to be executed as of the day and year first hereinabove written. CITY OF CAMPBELL: --. Be d jny, City Manager ATTES G[.L_ Anne Bybee, City Clerk AP,PR~O/V~'EyD AS TO FORM: /~~~ William Seligmann, City Attorney Date: OZSJ , 2001 2 CITY OF CUPERTINO: David W. Knapp, City Manager APPR4V AST RM: i, ~~~ f Charles Kilian, it ttorney TOWN OF LOS GATOS: Debra Figone, wn Manager APPROVED AS TO FORM: O orb, Town Attorney CITY OF SARATOGA: ~~ Dave Anderson, City Manager APPROVED AS TO FORM: ATTEST: _ ~y~~ Kimberly Smith, ity Clerk Date: ~- ~7 , 2001 ATTEST: ; ~ ~' ~ ~~ ~~ -. r. ~ , arori C~sgrov~, Town Clerk '~f " Date;i~ '1 ,~ r~ `'~ , 2001 TTEST: Teen Boyer, City Cle Date: '~ .i .f ~\ ~ ~ , 2001 Richard Taylor, City Attorney COUNTY OF SANTA CLARA: es T. Beall, Jr. Chairperson, Board of Supervisors APPROVED AS TO FORM ~/ l (/(' Kathryn A. erry Deputy County Counsel ATTEST: C~ Phyl:~is ez Clerk, Board of Supervisors Date: ~~-~/- a3 , 2001 SANTA CLARA VALLEY TRANSPORTATION AUTHORITY: ATTEST: r.~ iC~~(/{ Sandra Weymouth Secretary Date: ~ ~~ , 2001 Suzanne B. Gifford General Counsel 4 APPROVED AS TO FORM EXHII;IT A PROPOSED UNION PACIFIC RAILROAD TRAIL LOCATION MAP sss. dE°9 ° f°=E€~ ~ ..... Stevens Creek anion Pa~ifi~ F~ailroad Trail Location Map EXHII;IT B LOCAL P/IATCH FOR FEASIBILITY STUDY ON PROPOSED UNION PACIFIC RAILROAD TRAIL LOCAL D/IATCH FOR FEASIBILITY STUDY ON PROPOSED UNION PACIFIC RAILROAD TRAIL • Feasibility Study - total $200,000 - Santa Clara County Bicycle Expenditure Program $160,000 - local match $40,000 • Local match contribution - City of Campbell $2,000 - City of Cupertino $18,000 - Town of Los Gatos $10,000 - City of Saratoga $10,000 Total local match $40,000 9