94-005 City of San Jose for Maintenance of Medians under Joint Jurisdiction. . ..
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AGREEMENT BETWEEN THE CITY OF SAN JOSE
AND THE CITY OF CUPERTINO FOR MAINTENANCE
OF MEDIANS UNDER .JOINT .JURISDICTION
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This Agreement for Maintenance of Medians under Joint Jurisdiction is made and entered into this
/'llf'day of i·fpt·i'l , 1994, by and between the City of San Jose, a municipal corporation c.fthe State
" of California, hereinafter referred to as "San Jose", and the City of Cupertino, a municipal corporation
of the State of California, hereinafter refcn-ed to as "Cupertino.
REC!J:ALS
WHEREAS, there exist on Saratoga-Sunnyvale Road two (2) medians at Route 85 which lie partially
within the jurisdiction of SAN JOSE and partially within the jurisdiction of CUPERTINO; and
WHEREAS, the paities desire an AGREEMENT such that CUPERTINO is folly responsible for
maintenance and m~intenance costs associated with the median on Saratoga-Sunnyvale Road south of
Route 85 southbound on and off-ramps under joint jurisdiction, and such that SAN JOSE is fuUy
responsible for maintenance and maintenance costs associated with the median on Saratoga-Sunnyvale
Road north of Route 85 northbound on and off-ramps under joint jurisdicti0n;
NOW, therefore, in consideration of the mutual covenants and conditions hcrei;: contained, it is agreed:
SECTION I -AGREEMENT
The medians covered by this Agreement arc shown on Exhibit "A", which is attach~d hereto and
incorporated herein. Median maintenance responsibilities and maintenance costs shall be assigned in
accordance with Exhibit "A".
SECTION II -MAINTENANCE DEFrNED
Maintenance is defined as in Section 27 of the California Streets and Highways Coue, to include any of
the following as they pertain to roadway medians:
(a) The prc1crvation and ke, ping of rights-of-way, and each type ofroadw<iy, structure, safety
convenience of device, planting 'lination equipment, and other facility, in the safe and usable
condition to which it has been imp10 ':J r ···structed,
PAGE 2
AGREEMENT BETW.EEN THE CITY OF SAN .JOSE
AND THE ClTY OF CU!'ERTINO FOR MAfNTENANCE
OF MEO!ANS UNDER JOINT JURISDICTION CONTfNUED
(b) Operation of special safety conveniences and devices, and illuminating equipmen!.
(c) The special or emergency maintenance or repair necessitated by accidents or by storms or
other weather conditions, slides, settlements, or other unusual or unexpected damage to a roadway,
strncture, or facility.
SECTION III -DEGREE OF MAINTENANCE
The standards for and exttnt of maintenance work to be performed on the medians shall be in accordance
with the provisions of Section 27 of the California Streets and Highways Code as set forth in the current
edition of the State Maintenance Manu.cl.
SECTION IV -LEGAL RELA T!ONS AND RESPONSIBILITIES
A Nothing in the provisions of this Agreement is intended to create duties or obligations to or
rights in third parties not parties to this contract or affect the legal liability of either party to the contract
by imposing any standard of care respecting the maintenance of the medians listed in Exhibit "A"
different from the standard of care imposed by law.
B. It is understood and agreed that neither CUPERTINO nor any officer or employee thereof
shall be responsible for any damage or ! .bility occurring by reason of any act or omission by SAN JOSE
under or in connection with any work, authority or jurisdiction delegated to and performed by SAN
JOSE under this Agreement. '.t is als;:i understood and agreed that, p•1rsuant to California Government
Code Section 895.4. SAN JOSE <hall defend, indemnify and save harmless CUPERTINO and all its
officers and employees from all claims, suits or actions of every name, kind and description brought for
or on account of injuries to or death of any person or damage to property resulti1,g from any act or
omission by SAN JOSE under or in connection with any work, authority or jurisdiction delegated to and
performed by Sfu"l jQSE under this Agreer.wn:.
C. It is understood and agreed that neither SAN JOSE nor any officer or employee thereof shall
be responsible for any damage or liability occurring by reason of any act or omission by CUPERTINO
under or in connection with any work, authority or jurisdiction delegated to and performed by
CU?ERT!NO under this Agreement. It is also understood and agreed du;t, pursuant to California
Government Code Section 895.4, CUPERTINO shall defend, indemnify and save harmless SAN JOSE
and all its officers and employees from all claims, suits or actions of every name, kind and description
brought for or on account of injuries to or death of any person or damage to prope1iy resulting from any
act or omission by CUPERTINO under or in connection with any work, autholity or jurisdiction
delegated to and performed by CUPERTINO under this Agreement.
PAGE 3
AGHE!':MENT BETVVEEN THE CITY OF SAN .fOSE
AND THE CITY OF CUPERTINO FOR MAINTENANCE
OF MEDIANS UNDER JOINT JURISDICTION CONTINUED
This Agreement shall become effective when Caltrans has complete the work of installing t~e medians
and landscaping, and shall remain in full force and effect until amended or :errnina:ed as provided in
Section VI.
SEC]TON VI -Ai,faTD~,f.G}TffERM!NATION
A. This Agreement may be amended or terminated at any time upon written mutual consent of
the parties acting by and through their authorized representatives.
B. This Agreement may also be terminated by either party, acting by and through the party's
authori7~d representative, upon thirty (30) days written notice to the other party.
C. Exhibit "A" may be amended as necessary to reflect changes to these system upon mutual
consent of the parties acting by and through their Authorized representatives.
;iECTION VII -REPRESENTATIVES DESIGNATED
SAN JOSE designates its Director of Streets and Parks as its representative for pm-poses of this
Agreement. CUPERTINO designates its Director of Public works as its representative for purposes of
this Agreement.
$ECTl~jN VIII -NOTICES.
All notices and other communications req1.ired or pem1itted to be given this Agreement shall be in writing
and shall be persondly served or mailed first class, postage paid, addresoed to the representative parties
as follows:
CITY OF SAN JOSE:
CITY OF CUPERTINO:
Director of Streets and Parks
1404 Mabury Road
San Jose, CA 95133
Director of Public Works
10300 T0rre Avenue
Cupertino, CA 95014
PAGE4
AGREEMENT BETV'/EEN THE CIT'i OF SAN .IOSE
AND THE CITY OF CUPERTINO FOR MAINTENANf:E
OF MEDIANS UNDER JOINT JURISDICTION CONTINlf£D
IN WITNESS WHEREOF the parties hereto have set their hands and seals the day and year first
herinabove written.
City Clerk
APPROVED AS TO LEGAL FORM
City Attorrn~y
JJQ~~, TJ J',J:U ,;z_f-rJ-"
Deputy City Attorney V
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RESOLUTION NO. 9040
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY
OF SAN JOSE ANO THE CITY OF CUPERTINO FOR MAINTENANCE
OF MEDIANS UNDER JOINT JURISDICTION
WHEREAS, there has been presented to the City Council a proposed agreement
between the City of San Jose and the City of Cupertino providing for the maintenance of
medians to be installed in joint jurisdictions on DcAnza Boulevard (Saratoga-Sunnyvale
Road) in conjunction with the Route 85 projed; and
WHEREAS, the provisions, terms, ar.J conditions of said agreement have been
reviewed and approved by the Director of Public Works and the City Attorney;
NOW, THEREFORE, BE lT RESOLVED, rhat the City Council of the City of
Cupertino hereby approves the agreement and 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 th~ City Council of the City of
Cupertino this 22ndciay of February , 1994, by the following vote:
AYES:
NOES:
ABSENT:
M.:mhns_of the City CounG.il
Bautista, Burnett, Dean, Sorens~n, Koppel
None
None
ABSTAIN: None
A~ -~ APPROVE~~:
Mayor, City of C mo
ATTEST:
~~1(
City Clerk
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