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HomeMy WebLinkAbout71-01 Signalization at San Antonio-Summerhill-B (02)April 28, 1971 Mr. Murl Fritschle Town Manager Town of Los Altos Hills 26379 West Fremont Road Los Altos Hills, California Dear Murl: Enclosed is an executed agreement for the signalization of the intersection of Summerhill Avenue and E1 Monte Avenue, which was approved at the City Council meeting of April 27, 1971. Please return the fully -executed, copy for our files and retain a copy for your files. Very truly yours, S. Georgg r -regret Chief A_ nistrative Officer SGS:ab Enclosure SIGNALIZATION AGREEMENT The following is an agreement made and entered into between the City of Los Altos, a municipal corporation, hereinafter called "City", and the Town of Los Altos Hills, a municipal corporation, hereinafter called "Town", for the purpose of operating and maintaining traffic signalization at the intersection of Summerhill Avenue and E1 Monte Avenue: WHEREAS, the County of Santa Clara has constructed traffic signalization at the intersection of El Monte Avenue and Summerhill Avenue; and WHEREAS, the "City" in the "El Monte 64-2 Annexation", adopted by Ordinance No. 321 ori April 20, 1965, annexed the easterly corner of said intersection; and WHEREAS, the "City" in the "E1 Monte -O'Keefe 70-1 Annexation", adopted by Ordinance No. 70-21 on December 6, 1970, annexed the north- westerly side of E1 Monte Avenue in the area of this intersection; and WHEREAS, the "Town", in its original corporate boundaries, adopted on January 27, 1956, included the parcel of land at the southerly corner of said intersection; and WHEREAS, the "Town", in the "Summerhill Avenue -Et Al Annexation", accepted by Council action on November 2, 1970, annexed the southerly one-half of Surtmerhill Avenue and the easterly one-half of El Monte Avenue at this intersection; and WHEREAS, this intersection now lies within the incorporated boundaries within said "City" and said "Town"; and WHEREAS, the County of Santa Clara desires to convey the operation and maintenance responsibilities to said "City" and said "Town"; 1. NOW, THEREFORE, THE PARTIES AGREE as follows: 1. The cost of maintaining and operating traffic signals, other electrically operated traffic controlled devices, highway lighting, traffic signs directly related to the traffic signals, and those pavement markings inherent to the inter- section, now in place or those which may hereinafter be installed at the intersection of E1 Monte Avenue and Summer- hill Avenue shall be shared between the "City" and the "Town" in the same ratio as the number of intersecting roads or streets under which the jurisdiction of the representative agencies bears to the total number of intersecting streets; For example, as the intersection presently exists, 1/3 of these costs will be borne by the "Town" with the remaining 2/3 borne by the "City". If, however, a fourth leg to the intersection from the Los Altos side is constructed, the proportionate share for the "Town" would become 1/4 with "City" being responsible for 3/4. 2. The "City" will accept all responsibility for maintaining and operation of said signal installation on the behalf of the "City" and the "Town". 3. All expenses falling under this agreement including, but not limited to those mentioned in Paragraph 1 above, shall be paid by the "City" as they occur. 4. "City" will bill the "Town" on a quarterly basis the "Town's" proportionate share of the actual costs defined above, plus a handling charge of an additional five per cent (5%). 5. Repairs to said signalization facilities of damage caused by accidents or vandalism shall be charged by the "City" 2. to the party directly responsible for said damage in the amount of cost plus fifteen per cent (15%). Should no responsible party be determinable, said costs of repairs plus fifteen per cent (15%) will be shared by the "City" and the "Town", with the "Town's" share included as a separate item on the quarterly invoice of the intersection expenses. 6. No modification shall be made to the intersection's facilities without prior approval by the City Engineer of the "City" and the Town Engineer of the "Town". 7. Should the intersection be modified to allow a roadway, whose primary purpose would be to serve a private development, the "City" shall be permitted to enter into a separate agree- ment with the developer of said roadway and to assign to that developer the proportionate cost of maintaining and operating the intersection signalization. 8. The "City" and "Town" shall protect each other, their agents, officers and employees from liability due to acts of negligence on the part of their individual representatives. 9. The term of this agreement shall commence on April 1, 1971, and shall continue for a period of ten (10) years and shall then continue from year to year until terminated by agreement of both parties hereto. Either party may initiate termination of this agreement by giving written notice to the other party six months prior to the end of the fiscal year. 10. Each party hereto shall have the right to audit the books and records of the other pertaining to the signalization operations and maintenance expenses as described herein of the inter- section of El Monte Avenue and Summerhill Avenue. a 11. This writing constitutes the entire agreement between the parties hereto and no oral modifications may be made. This agreement may be modified only by an instrument signed and executed by duly authorized executives of the "City" and "Town". IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the 17th day of May , 19 71 CITY OF LOS ALTOS, a municipal corporation By By: lin TY CLERK TOWN OF LOS LTOSHILLS, a municipal corporation By: AYO Cl CITY CLJXK 4.