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Home My WebLink AboutRESO 4486.. • .ORIGINAL RESOLUTION NO. 4486 RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO APPROVING AGREEMENT WITH COUNTY OF SAN'l'A CLARA FOR RIGHT-OF-WAY ACQUISITION SERVICES (TOPICS PROJECT) The council of the City of Palo Alto does RESOLVE as follows: -- That the Agreement between the COUNTY OF SANTA CLARA and the CITY OF PAL-0 ALTO covering right-of-way acquisition services to be performed by COUNTY as a part of the areawide TOPICS plan be and the same hereby is approved; that the Mayor be and he hereby is authorized and directed to execute the same for and in behalf of the City; and that the City Clerk is authorized and directed to attest his signature. INTRODUCED AND PASSED: July 26, 1971 AYES: NOES: ABSENT: ATTEST: Beahrs, Clark, Comstock, Dias, Henderson, Norton, Pearson. Rosenbaum Noes Berwald Mayor // I-. / .. --'I'---~"" ~·"'·· -:- -·~ , .. .,.. ........... _ ....... ". t , __ . I /--: r•LL. • • A G & E E M E N T --------- THIS AGREEMENT, made and entered into this day of --- ~---------~ I 1971, by and between the COUNTY OF SANTA CLARA, a political subdivision of the State of California (hereinafter called "Countyu) and the CITY OF PALO ALTO, a municipal corporation of the State of California (hereinafter called "City''); WHEREAS, CITY and COUNTY as a "Local Agency" are in the process of executing the "Local Agency-state Agreement: Traffic Operations Program to Increase Capacity and Safety" (Master TOPICS Agreement Number 13) with the STATE OF CALIFORNIA with respect to the preparation of an areawide TOPICS plan and with respect to the construction, maint~nance, and evaluation of such TOPICS improvement projects as may be financed in part with federal TOPICS f11nds1 and WHEREAS, CITY desires to contract with COUNTY for certain right-of-way acquisition services to be furnished by COUNTY as part of COUNTY's obligation under said Master TOPICS Agreement Nwber 131 and WHEREAS, COUNTY is willing to perform such right-of-way acquisition services as hereinafter set forth; and WHEREAS, the parties desire to enter into an agreement pro- viding for said acquisition services; NOW, THEREFORE, in consideration of their mutual promises hereinafter set forth and subject to the terms, conditions, and provisions hereinafter set forth, the parties hereto agree as follows: 1. DUTIES OF COUNTY U?n>ER TOPICS AGREEMENT. The obligations, rights, and duties of COUNTY as a part of the MLocal Agency• under the Master TOPICS Agreement Number 13 between COUNTY, CITY, and -1 - • • the STATE OF CALIFORNIA shall be limited to the terms and con- ditions of this agreement except as such obligations, rights, and duties of COUNTY are specifically provided for in said Master TOPICS Agreement Number 13. 2. DUTIES OF COUNTY. COUNTY, acting through the Real Estate Division of its Department of Public Works, shall do the following: a. Appraisals. (1) COUNTY shall appraise the property and property rights required for that certain project entitled "TOPICS Intersection Improvements, Project No. 70-59, TOPICS No. T-3072(7) ,"hereinafter called "the Project". (2) The appraisals shall be performed, and the appraisal reports prepared, in accordance with the then existing standards approved for federal aid projectsr (3) The appraisals shall be completed within three (3) months after necessary property plats, descriptions, prelimi- nary title reports, project maps, and preliminary construction plans are received from CITY and CITY requests the commence- ment of work on the appraisals. CITY shall have ten (10) working days to review draft appraisal forms and make recom- mendations prior to the final typing of the appraisal forms by COUNTY. (4) Upon submission to CITY of final appra.itsal forms and CITY 1 s approval thereof, COUNTY promptly shall initiate negotiations wi~h each property owner to purchase th~ parcels required for the Project. b. Acquisition. (1) COUNTY shall conduct negotiations with each property owner and shall exercise its best efforts to acquire ~11 parcels required for the Project by deed or by agreement to purchase. (2) COUNTY shall use approved COUNTY forms of deeds and -2 - • • a9reements for purchase, as modified by CITY and approved by the CITY ATTORNEY of Palo Alto, for all acqui•itiona of parcels. (3) COUNTY shall exercise its best efforts to acquire all parcels required for the Project, either by negotiation or, at the request of CITY, by obt~ining possession thereof after the conunencernent of eminent domain proceedings by CITY, within five (5) months after CITY's acceptance of final appraisal forms. (4) COUNTY shall submit executed agreements for purchase of said parcels to CITY for CITY'S acceptance and approval. (5) Upon receipt of executed deeds to said parcels, COUNTY shall submit such deeds to CITY for CITY'S acceptance and approval together with a draft of the COUNTY's escrow in- structions for review, approval, and delivery by CITY. c. Eminent Domain Proceedings. CITY shall be respon- sible for instituting and conducting eminent domain proceedings, but COUNTY shall render wllatever service is requested in writing by CITY to implement such eminent domain proceedings, including matters relating to orders of possession. Should it becom•:; necessary, in the discretion of CITY, for COUNTY personnel to appear as expert witnesses in eminent domain proceedings commenced by CITY to acquire parcels appraised for the Project, said appearances shall be made only by written request of CITY and at the wage rate as provided in Paraqraph 2.h. hereof. Such expert witness fees shall be paid by CITY in addition to the compensation provided for in Paragraph 2.q. hereof and shall include preparation, conferences, and actual court testimony in connection with said eminent domain proc·::edinqs. d. Certification. Upon acquisition of all of the parcels required for the Project by deed, by agreement for purchase, or by order for immediate poss~ssion after commencement of eminent domain -3 - • • proceedings_by CITY, COUNTY shall certify to the Federal Government the respective status of each parcel required for the Project as is required by the Federal Government. e. Consultation. Upon request, COUNTY shall consult with CITY on all matters relating to appraisal, acquisition, or relocation assistance for the Project. f. Removal of Improvements. COUNTY shall remove, by sale or by demolition, those improvements from the parcels acquired for the Project as are authorized in writing by CITY. Net proceeds from any sale shall be credited to CITY, and any demolition charges shall be paid by CITY to the contractor completing the work upon certification of completion by COUNTY. q. Expenditures. COUNTY shall not expend a total of more than Four Thousand Dollara ($4,000.00) for services to be ·rendered by COUNTY to CITY hereunder, excluding any charges for expert witness fees by COUNTY pursuant to the provisions of P~ra- 9raph 2.c. hereof. h. ~emer.t of Expenditures. COUNTY shall submit itemized statements to CITY monthly covering the following Project expenditures by COUNTY: • (1) Charges for direct labor by COUNTY's Real Estate Division staff for identifiable work at the COUNTY wa9e rates prevailing at the time of the performance of the work plus charges for overhead equal ~o One Hundred Per Cent (lOO•) of said wa9e rates. (2) Charges for meals, lodging, and travel expenses for trips outside of the County of Santa Clara which have received the prior written approval of the CITY MANAGER of Palo Alto at the standard COUNTY reimbursement rates prevailing at the time each trip is taken. -" - • • 3. DUTIES OF CITY. CITY ahall do the following: a. Information. CITY •hall provide COUNTY with the following documents and information relative to t;he Project: (1) Property plats, descriptions, and preliminary title ..ceporta of the individual. parcels to be appraised by COUNTY; (2) Maps of the Project area; (3) Preliminary construction plans; and (4) An engineering estimate of cost of construction work, which may be considered as part of damage analysis. b. Payment~. CITY shall reimburse COUNTY for Project expenditures, up to a total sum of Four Thousand Dollars ($4,000.00) plus expert witness fees as provided in Paragraph 2.c. hereof, within thirty (30) days after receipt of COUNTY's statement of expenditures. 4. EFFECTIVE DATE. COUNTY shall commence perfo::ming all services hereinabove set forth upon receipt of CITY's written re- quest to begin appraisal services as provided in Paragraph 2.a.(3) hereof. 5. TERMINATI<lli· This agreement shall continue in full force and effect until the completion of ·services within the specified monetary limits and·the payment of all monies due hereunder. Earlier termination .of this agreemen-t may be effected by CITY giYing written notice to COUNTY and thereafter paying all charges incurred prior to such notice of termination in accordance with the rate schedules and time tables· set furth above. 6. NOTICES. CITY'S PROPERTY AGENT and COUNTY'S REAL ESTATE DIVISION MANAGER shall be responsible for the adJl\inistration of this agreement for the respective parties. Any notices or communi- cations from one party to the other under this agreement shall be addressed as follows: -s - • To CITY: To COUNTY: • Property Agent City of Palo Alto 250 Hamilton Avenue Palo Alto, California 94301 Real Estate Division Manager Depart&~ent of Public Works County of Santa Clara 20 West Hedding Street San Jose, California 95110 7. COUNTY TO HOLD CITY HARMLESS. As a material part of the consideration for this agreement, COUNTY hereby agrees to save and hold hermleas the CITY, its officers, agents, and employees from any and all claims, suits, damages, loss, and liability, including the cost o! defense and attorney fees, arising out of the perform- ance of the services described hereunder by COUNTY. 8. CITY TO HOLD COUNTY HARMLESS. As a material part of the consideration of this agreement CITY hereby aqrees to save and hold harmless the COUNTY, its officers, agents, and employees from any and all claims, suits, damages, loss, and liability, including the cost of defense and attorney fees, arising out of the performance of the services rlescribed hereunder by CITY 9. COUNTY INDEPENDENT OF CITY. In accepting this aqreement, COUNTY certifies that no one who has or will have any-·_financial interest under this aqreeme~t is an officer or employee of CITY. It is expressly agreed that, in the performance of the services hereunder by COUNTY, COUNTY shall at all times be considered an independent contractor and ~ot an agent or employee of CITY. 10. NONDISCRIMINATION. No discrimination shall be made in the employment of persons in the course of this agreement because of race, color, national origin, ancestry, or religion of such person. 11. AGREEMENT CONTAINS ALL UNDERSTANDINGS. This agreement represents the entire and integrated agreement between CITY and COUNTY and supersede8 all prior negotiations, representationa, or agreements7 either written or oral. This agreement may be amended -6 - • • only by written instrument signed by both CITY' and COUNTY. IN WITNESS WHEREOF the es>arties hereto have executed this aqreement the day and year first a~ove recited. ATTEST: clty cierk APPROVED AS TO FORM: Assistant City Attorney APPROVED: City Manager APPROVED: City Engineer ATTEST: : . . . ,. Clerk, Board of Supervisors APPROVED AS TO FORM: County Counsel CITY OF PALO ALTO • COUNTY OF SANTA CLARA BY ~c-h-a~1-rma---n-,-=B-o-a-rd....--o'f~S-u_pe_rv ____ IT-so __ r_s -7 -