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02-089 Construction of Reach 5 of Saratoga Creekag ~ n ~- JOINT USE AGREEMENT BETWEEN THE COUNTY OF SANTA CLARA AND THE CITY OF CUPERTINO RELATED TO CONSTRUCTION Ol+ REACH 5 OF THE SARATOGA CREEK TRAIL The COUNTY OF SANTA CLARA, hereinafter referred to as "Count ", and CITY OF CUPERTINO, hereinafter referred to as "City", AGREE this day of 2Zas follows: RECITALS: A. City and County wish to cooperate to facilitate implementation of a portion of the Saratoga Creek Trail Master Plan. B. City has prepared construction drawings for Rea~~h 5 of the Saratoga Creek Trail, attached hereto as Exhibit A and by this reference made a part hereof. C. County is the owner of certain real property (he;reinafter "the Premises") as shown on Exhibit A, a portion of which is required for the construction of Reach 5 of the Saratoga Creek Trail. D. City and County recognize that the Premises ac•e regulated by a variety of federal, state, and local agencies. E. City has ascertained that adequate funds have been appropriated to construct and operate its proposed facilities on the Premises and that adequate funds have been appropriated to meet all of its obligations contained in this agreement. F. The parties find it to be in the public interest to provide for joint use of the Premises by means of an Agreement thereof under the following terms and conditions: AGREEMENT: 1. County shall and does hereby grant permission to City to use a portion of the Premises for the construction, maintenance and operation of a bicycle and pedestrian trail and associated improvements as shown on drawings approved by the City of Cupertino Director of Public Works on June 11, 2002 and subsequently revised on June :?4, 2002 and July 31, 2002 (Exhibit A). City shall provide and maintain recycling and l;arbage receptacles for public use, and provide for adequate waste removal service with respect to City-operated improvements. City shall also provide graffiti removal in compliance with City's graffiti abatement program, including graffiti removal from signs installed in conjunction with and/or ;accessory to the establishment of a public park and pathway consistent with its implementation of th~~ same program at comparable City facilities. The public pathway and corridor, the subject of this Agreement, may be patrolled by City personnel and ranger services under contract with City acid/or volunteers supervised by City. County shall have no obligation whatsoever to provide or pay for such services. City must remove, at its sole expense, impr~~vements installed by City in the event County determines removal is required to improve Lawrence Expressway. County shall inform City if such a project is planned in order to minimize impact ~~n City's improvements to the Premises. Damage occurring to City's improvements by reason of County's non-negligent maintenance or other activity or by reason of natural forces will not be the responsibility of the County to repair or restore. All such costs for such repair or restoration shall be borne by City. 8/21 /02 n~p~~~.~~~s ~~T~~~~v SEP 10 2002 JOINT USE AGREEMENT BETWEEN THE COUNTY OF SANTA CLARA AND THE CITY OF CUPERTINO RELATED TO CONSTRUCTION OIL REACH 5 OF THE SARATOGA CREEK TRAIL 6. City and County recognize the unique nature of'the resources and recreational uses covered by this agreement and the beneficial effects to both pasties of providing these resources to the public. City and County resolve to utilize their respective of,Fces to mutually support the efforts of each other to deliver such services to the public. City and County further agree to cooperate in order to resolve disputes and assist each other in responding to public inquiries arising from the activities of either party. 7. City and County staff shall meet whenever necessary for coordination purposes including, but not limited to: ^ Maintenance issues related to City improvements. ^ County work on the portion of the premises not improved by City. ^ Non-emergency work requiring the use of he~ivy equipment, barricading, and/or restricting access to the Premises. County and City further agree to notify one another's designated representative as required prior to commencement of such work, in order to minimize public impacts. (a) The parties shall cooperate to create and install signage that benefits the programs of each party such as warnings, entrance signage, interpretive signs and benches, and joint uses when applicable. The Director of Roads and Airports Department of the County and the Director of Public Works of the City or their designees shall meet and confer on a periodic basis to plan and install appropriate signage that serves the needs of both parties. (b) All signs excepting existing ones or publicrations that identify the facility (e.g. park, trail) by name should include the County's logo in equal size and symmetric relationship to any other logos. Maintenance responsibility for signage and benches shall be the responsibility of the City. 9. This Agreement shall be for a period of 30 year; beginning on the date it is approved by the County Board of Supervisors. This Agreement may be terminated by either party for good cause upon one hundred eighty (180) days prior written notice te~ the other. Notice of intent to renew or to terminate may be given by the Director of Public Works for the City. Notice of intent to terminate may be given by the County's Director of Roads and Airports. 10. Subject to the conditions and restrictions contained in this Agreement, City shall have the full control and authority, for purposes of this Agreement, over the use of improvements constructed on the Premises, and City may restrict, or control, regulate and supervise the public use thereof. City may, in its discretion but consistent with the right of County hereinafter described, take any measures of every kind as may in the opinion oi' City be necessary for the safety of the users of the Premises. Further, City shall have the sole responsibility for the maintenance in usable and safe condition of every facility provided upon the Premises for purposes of this Agreement. 11. (a) City shall have the right to build only the improvements shown on Exhibit A. In the event City desires to construct additional improvements, Ci1.y shall request approval from County to build same. It is fully understood and agreed that County's basis of approval or disapproval of improvements is limited to its responsibility to ensure that the same shall not interfere with the use of the Premises for expressway or other County purposes, and does riot in any way extend to consideration of the health Page 2 of ~l 8/21/02 JOINT USE AGREEMENT BETWEEN THE COUNTY OF SANTA CLARA AND THE CITY OF CUPERTINO RELATED TO CONSTRUCTION Ol+ REACH 5 OF THE SARATOGA CREEK TRAIL and safety of users of the Premises, which latter consideration is the responsibility of the City. City recognizes that the County plans to use the portion of the Premises not improved by the City for riparian habitat mitigation projects unrelated to the creek trail. (b) Improvements built by City on the Premi:;es shall remain the property of City and upon the termination of this Agreement shall be removed by City, leaving the Premises in a condition as near as reasonably possible to their condition prior to such improvements. If County reasonably requires that such an improvement must be removed or relocated, the same shall be done at City's expense upon reasonable notice from County. 12. (a) City shall assume the defense of, indemnify and hold harmless, County, its officers, agents, and employees from all claims, liability, loss, damage, and injury of any kind, nature, or description directly or indirectly arising during the initial term of this Agreement, or any renewal thereof, and resulting from the public use of the Premises pursuant hereto or from public use of adjacent Premises of County occurring in consequence of City's or the public's use of the Premises or from acts, omissions, or activities of City's officers, agents, employees, or independent contractors employed by City, excepting claims, liability, loss, damage;, or injury which arise from the willful or negligent acts, omissions, or activities of an officer, agent, or employee of County. Except as described above, this Agreement to defend, indemnify, and hold harmless the County shall operate irrespective of the basis of the claim, liability, loss, damage, or injury and irrespective of whether the act, omission, or activity is a condition of premises or any other c<<use of any kind or nature. (b) County shall assume the defense of, indemnify, and hold harmless, City, its officers, agents, and employees from all claims, liability, loss, damage, and injury of any kind, nature or description directly or indirectly arising from County activities on the Premises pursuant hereto or from acts, omissions, or activities of County's officers, agents, employees, or independent contractors employed by County excepting claims, liability, loss, damage, or injury which arises from the willful or negligent acts, omissions or activities of aii officer, agent, or employee of City. Except as described above, this agreement to defend, indemnify, and hold harmless shall operate irrespective of the basis of the claim, liability, loss, damage, or injury, and irrespective of whether the act, omission, or activity is a condition of premises o~- any other cause of any kind or nature. 13. Any and all notices required to be given hereunder shall be deemed to have been delivered upon deposit in the United States mail, postage prepaid, addressed to either of the parties at the address hereinafter specified or as later amended by either party in writing: City County City Of Cupertino County of Santa Clara Attention: Director of Public Works Attention: Director, Roads & Airports Dept. 10300 Torre Avenue 101 Skyport Drive Cupertino, CA 95014 San Jose, CA 95110 14. This agreement, and all the terms, covenants, ;znd conditions hereof, shall apply to and bind the successors and assignees of the respective partie;~ hereto; provided, that City shall neither assign nor sublet this Agreement without prior written consE;nt of the County. Page 3 oft 8/21/02 JOINT USE AGREEMENT BETWEEN THE COUNTY OF SANTA CLARA AND THE CITY OF CUPERTINO RELATED TO CONSTRUCTION Oh REACH 5 OF THE SARATOGA CREEK TRAIL 15. This agreement includes any and. all exhibits, covenants, agreements, conditions, and understandings between City and County concerning the Premi:;es. There are no covenants, agreements, conditions, or understandings, either oral or written, between the parties hereto other than herein set forth. WITNESS THE EXECUTION HEREOF the day and year first herein above set forth. City CITY OF CUPERTINO County COUNTY OF SANTA CLARA By' C~~~u~ ~ S . u. OZ By: ~ David Knapp Donald F. Gage, Chairperson City Manager Board of Supervisors ATTEST: Kimberly Smith City Clerk ATTEST: Ann Sloan C/~~~ Chief Deputy Clerk ~~~ of the Board of Su rvicnrS Phyllis Perez Clerk of the Board of Supervisors APPROVED AS TO FORM: Charles Kilian City Attorney APPROVED AS TO FORM AND LEGALITY: ~-(,ct l/(/ ~ v w Kathryn Be Deputy County Counsel ~~~ - ~ ~~ ~ DUB Page 4 of ~l 8/21/02 I~~I~~~g j ~ ..~. , •~ ~, ~d k~ ~ ' ., 0 NGigN~~ 1 ~ ~~ ~ ,, ~" ~~ bs ion ° ti Lr ~ .. r.. ~, ~ ~ - ..0 ~r r ~~ ~ ••~ o~ 0 g d ~ 1, 4'4d ,~ ~ , , M~ ~ .~ _ o~ ~,+o ` ~ ~ g i .. ¢ ~9 1 ~ ~ ~a°'" ~ it ,pyP ; r ~ . ~~ ~ ~ .i' ~ ~~ ~ d~ ~ •~~ {~ . ~ / rt. u•ar .r. ~ m ~. ~ ~ •' m ~,~ $ , ': rn ~_. _ .,_ u~ ' X ~~ c X ~~ a '. 'O m~ ~ ~ f m m ~~~ ~ oN ~ 1~ `-° i~ ~ u ~ .. I i 1 }. ,~ ~~ ~ ~ I \ . 1 ~ \ M , a aR`,,J ~a'` ~~ ~• ,•• ~ ;,~ `~ + ~~ ~~ a r 1~ \ C1 ~yL ' ~' ~ ~ ~~, ~~ v~~ ~• ~ o D h r r` i ~'•' I ~ ~ ~;~ , MATGiLINE '~ • i SEE SHEET 5 ~ ~~' e. ~. ~ ~~ ~ ~ n ' ~ R ~ ~ `° 'S r lA $~,`~ . 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