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HomeMy WebLinkAbout14-280 Amendment No. 1 to the Project Development Agreement of Interstate 15 Railroad Canyon RoadCITY OF LADE J LSMORE DREAM EXTREME. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT M. YATES CITY MANAGER DATE: SEPTEMBER 9, 2014 SUBJECT: AMENDMENT NO.1 TO THE PROJECT DEVELOPMENT COOPERATIVE AGREEMENT BETWEEN THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION AND THE CITY OF LAKE ELSINORE FOR THE RECONSTRUCTION OF INTERSTATE 15 RAILROAD CANYON ROAD INTERCHANGE AND OTHER ROADWAY IMPROVEMENTS Recommendation Receive and Approve the 1 -15 /Railroad Canyon and other roadway improvements (Project) Amendment No. 1 to the Project Development Cooperative Agreement (Agreement) between the State of California Department of Transportation (CALTRANS) and the City for Project Approval and Environmental Document (PA &ED), Plans, Specifications and Estimates (PS &Es) and right of way activities (Project Development). 2. Authorize the honorable Mayor to execute Agreement Amendment No. 1 in its final form. Background A Project Study Report examining potential alternatives to improve the Railroad Canyon Road at 1 -15 interchange was initiated by the City in 2000. Subsequent to the Project Study Report, the City entered into the Agreement for Project Development on December 22, 2008. The Agreement terminates upon satisfactory completion /construction of the project on December 31, 2014, whichever is earlier in time. nicr,iccinn Project Development is progressing with the analysis of four alternatives in the PA &ED phase, but will not be constructed prior to December 31, 2014. Amendment No. 1 will extend the Agreement termination to completion of the Project and completion of an Agreement closure statement. The recommended action enables the City and Caltrans to continue to work closely in an effort to complete the (PA &ED) and project construction. Fiscal Impact There is no fiscal impact with Amendment No. 1. Prepared by: Ati Eskandari, P.E. Consultant Project Manager Vince Damasse, P.E. Public Works Director Approved by: Grant M. Yates City Manager Attached: Project Development Cooperative Agreement Project Development Cooperative Agreement Amendment No. 1 08- Riv -15 -PM 16.5/21.0 I- I 5/Railroad Canyon Road Reconstruct Interchange EA OA4400 District Agreement No. 8 -1416 A/1 Project Number 0800000016 AMENDMENT NO. 1 TO AGREEMENT THIS AMENDMENT NO. 1 TO AGREEMENT, ENTERED INTO EFFECTIVE ON 2014, is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as "STATE ", and the CITY OF LAKE ELSINORE, a body politic and a municipal corporation of the State of California, referred to herein as "CITY." RECITALS The parties hereto entered into an Agreement No. 8 -1416 on December 22, 2008 defining the terms and conditions of a project to reconstruction of Interstate 15 (1 -15 )/Railroad Canyon Road Interchange and other roadway improvements, in the City of Lake Elsinore, referred to herein as "PROJECT." 2. It has been determined that PROJECT will not be completed prior to the termination date of said Agreement. IT IS THEREFORE MUTUALLY AGREED 1. The termination date specified in Article 25 of Section III of said Agreement is replaced in . its entirety to read as follows: "This Agreement will terminate upon completion of PROJECT that all parties have met all scope, cost, and schedule commitments included in this Agreement and have signed a cooperative agreement closure statement, which is a document signed by parties that verifies the completion of PROJECT. However, all indemnification, document, retention, audit, claims, environmental commitment, legal challenge, hazardous material, operation, maintenance and ownership articles will remain in effect until terminated or modified in writing by mutual agreement." 2. All other terms and conditions of said Agreement shall remain in full force and effect. District Agreement No. 8 -1416 A/1 This Amendment No. 1 to Agreement is hereby deemed to be a part of said Agreement. District Agreement No. 8-1416 A/ 1 SIGNATURES PARTIES declare that: 1. Each PARTY is an authorized legal entity under California state later. 2. Each PARTY has the authority to enter into this agreement. 3. The people signing this agreement have the authority to do so on behalf of their public agencies. STATE OF CALIFORNIA CITY OF LAKE ELSINORE DEPARTMENT OF TRANSPORTATION By: _ Basem E. Muallem, P.E. District Director CERTIFIED AS TO FUNDS: By: Lisa Pacheco District Budget Manager 3 Mayor Attest: City Clerk APPROVED AS TO FORM: PROCEDURE: Un City Attorney 08- Riv -15 -PM 16.5/21.0 I- I 5/Railroad Canyon Road Reconstruct Interchange EA OA4400 District Agreement No. 8 -1416 PROJECT DEVELOPMENT COOPERATIVE AGREEMENT This AGREEMENT, entered into effective ono 2008, is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as "STATE," and the CITY OF LAKE ELSINORE, a body politic and a municipal corporation of the State of California, referred to herein as "CITY." RECITALS I. STATE and CITY, pursuant to Streets and Highways Code sections 114 and 130, are authorized to enter into a Cooperative Agreement for improvements to the State Highway System (SHS) within CITY's jurisdiction. 2. CITY desires the reconstruction of Interstate 15 (I- 15)/Railroad Canyon Road Interchange and other roadway improvements, in the City of Lake Elsinore, referred to herein as "PROJECT." CITY is willing to fimd one hundred percent (100°/x) of all capital outlay and support costs, except that the costs of STATE's Independent Quality Assurance (IQA) of` PROJECT Project Approval and Environmental Document (PA &ED), Plans, Specifications and Estimates (PS &E) and right of way activities, all hereinafter referred to as PROJECT DEVELOPMENT, and STATE's costs incurred as the California Environmental Quality Act (CEQA) Lead Agency and National Environmental Policy Act (NEPA) Lead Agency, if applicable, in the review, comment and approval, if appropriate, of the PROJECT environmental documentation prepared entirely by CITY, will be borne by STATE. 4. STATE funds will not be used to finance any of the PROJECT DEVELOPMENT capital and support costs except as set forth in this Agreement. 5. The terms of this Agreement shall supersede any inconsistent terms of any prior Memorandum. of Understanding (MOU) or agreement relating to PROJECT. District Agreement No. 8 -1416 6. PROJECT landscape maintenance and construction phases will be the subject of a separate future agreement or agreements. 7. This Agreement will define the roles and responsibilities of the CEQA Lead Agency and CEQA Responsible Agency regarding the environmental documentation, studies, and reports necessary for compliance with CEQA. This Agreement will also define roles and responsibilities for compliance with NEPA, if applicable. 8. The parties now define herein below the terms and conditions under which PROJECT is to be developed, designed, and financed. SECTION I CITY AGREES: 1. To fund one hundred percent (100 %) of all PROJECT DEVELOPMENT capital and support costs except for costs of STATE's IQA and STATE's review, comment and approval if appropriate, of the PROJECT environmental documentation for CEQA, and NEPA if applicable. If it becomes necessary to obtain additional funds to complete PROJECT, these additional funds will be provided by CITY using a funding source other than STATE funds. 2. To not use STATE funds for any PROJECT capital and support costs except as set forth in this Agreement. 3. All PROJECT work performed by CITY, or performed on CITY's behalf, shall be performed in accordance with all State and Federal laws, regulations, policies, procedures, and standards that STATE would normally follow. All such PROJECT work shall be submitted to STATE for STATE's review, comment, and concurrence at appropriate stages of development. 4. All PROJECT work, except as set forth in this Agreement, is to be performed by CITY. Should CITY request that STATE perform any portion of PROJECT work, except as otherwise set forth in this Agreement, CITY shall first agree to reimburse STATE for such work pursuant to an amendment to this Agreement or a separate executed agreement. 5. To have a Project Report (PR) and detailed PS &E prepared, at no cost to STATE, and to submit each to STATE for STATE's review and concurrence at appropriate stages of development. The PR and the final PS &E for PROJECT shall be signed on behalf of CITY by a Civil Engineer registered in the State of California. CITY agrees to provide landscape plans prepared and signed by a licensed California Landscape Architect. 6. To have all necessary right of way maps and documents used to acquire right of way by CITY prepared by or under the direction of a person authorized to practice land surveying N District Agreement No. 8 -1416 in the State of California. Each right of way map and document shall bear the appropriate professional seal, certificate number, expiration date of registration certification and signature of the licensed person in Responsible Charge of Work. 7. To permit STATE to monitor, participate, and oversee selection of personnel who will prepare the PR, prepare environmental documentation, including the investigative studies and technical environmental reports, prepare the PS &E, provide right of way engineering services, and provide right of way acquisition services for PROJECT. CITY agrees to consider any request by STATE to avoid a contract award or to discontinue services of any personnel considered by STATE to be unqualified on the basis of credentials, professional expertise, failure to perform, and/or other pertinent criteria. 8. To submit to STATE for review, comment, concurrence, and/or approval of all Right of Way Engineering Land -Net Maps and Right of Way Appraisal Maps, Records of Survey, and Right of Way Record Maps all prepared in accordance with STATE's Right of Way Manual, Chapter 6, Right of Way Engineering, STATE's Plans Preparation Manual, STATE's Surveys Manual, applicable State laws, and other pertinent reference materials and examples as provided by STATE. 9. Personnel who prepare the preliminary engineering and environmental documentation, including investigative studies and technical environmental reports, shall be made available to STATE, at no cost to STATE, through completion of PROJECT construction to discuss problems which may arise during PS &E, Right of Way, and Construction phases of the PROJECT, and/or to make design revisions for contract change orders. 10. CITY shall include a "conflict of interest" requirement in the PROJECT design consultant contract(s) that prohibits the design consultant from being employed or under contract to the future PROJECT construction contractor. 11. Personnel who prepare right of way maps, documents, and related materials shall be made available to STATE, at no cost to STATE, during and after construction of PROJECT until completion and acceptance by STATE of Right of Way Record Maps, Records of Survey, and title to any property intended to be transferred to STATE. 12. To make written application to STATE for necessary encroachment permits authorizing entry of CITY onto SHS right of way to perform required PROJECT DEVELOPMENT work as more specifically defined elsewhere in this Agreement. CITY shall also require .CITY's consultants and contractors to make written application to STATE for the same necessary encroachment permits. 13. To identify and locate all utility facilities within the area of PROJECT as part of the design responsibility for PROJECT. All utility facilities not relocated or removed in advance of construction shall be identified on the PS &E for PROJECT. 14. If any existing utility facilities conflict with the construction of PROJECT or violate STATE's encroachment policy, CITY shall make all necessary arrangements with the 3 District Agreement No. 8 -1416 owners of such facilities for their timely accommodation, protection, relocation, or removal. The costs for the PROJECT's positive identification and location, protection, relocation, or.removal of utility facilities whether inside or outside STATE's right of way shall be determined in accordance with Federal and California laws and regulations, and STATE's policies and procedures, standards, practices, and applicable agreements including, but not limited to, Freeway Master Contracts. 15. To furnish evidence to STATE, in a form acceptable to STATE, that arrangements have been made for the protection, relocation, or removal of all conflicting facilities within the SHS right of way and that such work will be completed prior to the award of the contract to construct PROJECT or as covered in the PS &E for said contract. This evidence shall include a reference to all required SHS encroachment permits. 16. To acquire and furnish all right of way, if any, outside of the existing SHS right of way and to perform all right of way activities, including all eminent domain activities, if necessary, at no cost to STATE, and in accordance with procedures acceptable to STATE. These activities shall comply with all applicable State and Federal laws and regulations, subject to STATE's IQA to ensure that the completed work and title to property acquired for PROJECT is acceptable for incorporation into the SHS right of way. 17. To utilize the services of a qualified public agency or a qualified consultant, as determined by STATE's District Division Chief of Right of Way, in all matters related to the acquisition of right of way in accordance with STATE's procedures as published in STATE's current Right of Way Manual. Whenever personnel other than personnel of a qualified public agency, or a qualified consultant, are utilized, administration of the personnel contract shall be performed by a qualified Right of Way person employed or retained by CITY. 18. To certify legal and physical control of right of way ready for construction and that all right of way parcels were acquired in accordance with applicable State and Federal laws and regulations, subject to review, comment, concurrence, and/or approval by STATE prior to the advertisement for bids for the contract to construct PROJECT. 19. To deliver to STATE legal title to the right of way, including access rights, free and clear of all encumbrances detrimental to STATE's present and future uses not later than the date of acceptance by STATE of maintenance and operation of the SHS facility. Acceptance of said title by STATE is subject to a review of a Policy of Title Insurance in the name of the State of California to be provided and paid for by CITY. 20. To be responsible for, and to the STATE's satisfaction, the investigation of potential hazardous material sites within and outside of the existing SHS right of way that could impact PROJECT as part of performing any preliminary engineering work. If CITY 4 District Agreement No. 8 -1416 discovers hazardous material or contamination within the PROJECT study area during said investigation, CITY shall immediately notify STATE. 21. If CITY desires to have STATE advertise, award, and administer the construction contract for PROJECT, CITY shall provide STATE with acceptable plans in a format acceptable to STATE. Reimbursement to STATE for costs incurred by STATE to advertise, award, and administer the construction contract for PROJECT will be covered in the separate Cooperative Agreement. 22. All aerial photography and photogrammetric mapping shall conform to STATE's current standards. 23. A copy of all original survey documents resulting from surveys performed for PROJECT, including original field notes, adjustment calculations, final results, and appropriate intermediate documents, shall be delivered to STATE and shall become property of STATE. For aerial mapping, all information and materials listed in the document "Materials Needed to Review Consultant, Photo r�ammetric Mapping' shall be delivered to STATE and shall become property of STATE. 24. All original recorded land title documents created by PROJECT shall be delivered to STATE and become property of STATE. 25. To submit to STATE a list of STATE horizontal and vertical control monuments which will be used to control surveying activities for PROJECT. SECTION II STATE AGREES: 1. At no cost to CITY, to complete STATE's review, comment and approval, if appropriate, as the CEQA Lead Agency and NEPA Lead Agency, if applicable, of the environmental documentation prepared entirely by CITY and to provide IQA of all CITY PROJECT DEVELOPMENT. work necessary for completion of the PR and PS &E for PROJECT done by.CITY, including, but not limited to, investigation of potential hazardous material sites and all right of way activities undertaken by CITY or its designee, and provide prompt reviews, comments, concurrence, and/or approvals as appropriate, of submittals by CITY, while cooperating in timely processing of documents necessary for completion of the environmental documentation, PR, and PS &E for PROJECT. 2. Upon proper application by CITY and by CITY's contractor, to issue, at no cost to CITY and CITY's contractor, the necessary encroachment permits for required work within the SHS right of way as more specifically defined elsewhere in this Agreement. 5 District Agreement No. 8 -1416 SECTION III IT IS MUTUALLY AGREED: 1. All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature, State Budget Act authority and the allocation of funds by the California Transportation Commission (CTC). 2. The parties to this Agreement understand and agree that STATE's IQA is defined as providing STATE policy and procedural guidance through to completion of the PROJECT preliminary engineering, PS &E, and right of way phases administered by CITY. This guidance includes prompt reviews by STATE to assure that all work and products delivered or incorporated into the PROJECT by CITY conform with then existing STATE standards. IQA does not include any PROJECT related work deemed necessary to actually develop and deliver the PROJECT, nor does it involve any validation to verify and recheck any work performed by CITY and/or its consultants or contractors and no liability will be assignable to STATE, its officers and employees by CITY under the terms of this Agreement or by third parties by reason of STATE's IQA activities. All work performed by STATE that is not direct IQA shall be chargeable against PROJECT funds as a service for which STATE will invoice its actual costs and CITY will pay or authorize STATE to reimburse itself from then available PROJECT funds pursuant to an amendment to this Agreement authorizing such services to be perfortried by STATE. 3. The Project Study Report (PSR) for PROJECT, approved on September 5, 2403, is by this reference, made an express part of this Agreement. If there is a conflict of terms between,the PSR and this Agreement, the terms of this Agreement shall prevail. 4. The basic design features shall comply with those addressed in the approved. PSR, unless modified as required for completion of the PROJECT's environmental documentation and/or if applicable, requested by the Federal Highway Administration (FHWA). 5. The design, right of way acquisition, and preparation of environmental documentation and related investigative studies and technical environmental reports for PROJECT shall be performed in accordance with all applicable Federal and STATE standards and practices current as of the date of performance. Any exceptions to applicable design standards shall first be considered by STATE for approval via the processes outlined in STATE's Highway Design Manual and appropriate memoranda and design bulletins published by STATE. In the event that STATE proposes and/or requires a change in design standards, implementation of new or revised design standards shall be done as part of the work on PROJECT in accordance with STATE's current Highway Design Manual Section 82.5, "Effective Date for Implementing Revisions to Design Standards." STATE shall consult with CITY in a timely manner regarding the effect of proposed and/or required changes on PROJECT. G District Agreement No. 84416 6. STATE will be the CEQA Lead Agency and CITY will be a CEQA Responsible Agency. STATE will be the NEPA Lead Agency, if applicable. CITY will assess PROJECT impacts on the environment and CITY will prepare the appropriate level of environmental documentation and necessary associated supporting investigative studies and technical environmental reports in order to meet the requirements of CEQA and if applicable, NEPA. CITY will submit to STATE all investigative studies and technical environmental reports for STATE's review, comment, and approval. The environmental document and/or categorical exemption/exclusion determination, including the administrative draft, draft, administrative final, and final environmental documentation, as applicable, will require STATE's review, comment, and approval prior to public availability. If, during preparation of preliminary engineering, preparation of the PS &E, performance of right of way activities, or performance of PROJECT construction, new information is obtained which requires the preparation of additional environmental documentation to comply with CEQA and if applicable, NEPA, this Agreement will be amended to include completion of those additional tasks by CITY. 7. CITY agrees to obtain, as a PROJECT cost, all necessary PROJECT permits, agreements and/or approvals from appropriate regulatory agencies, unless the parties agree otherwise in writing. If STATE agrees in writing to obtain said PROJECT permits, agreements, and/or approvals, those said costs shall be paid by CITY, as a PROJECT cost. 8. CITY shall be fully responsible for complying with and implementing any and all environmental commitments set forth in the environmental documentation, permit(s), agreement(s) and/or approvals for PROJECT. The costs of said compliance and implementation shall be a PROJECT cost. 9. If there is a legal challenge to the environmental documentation, including investigative studies and/or technical environmental report(s), permit(s), agreement(s), and/or approval(s) for PROJECT, all legal costs associated with those said legal challenges shall be a PROJECT cost. 10. CITY, subject to STATE's prior review and approval, as a PROJECT cost, shall be responsible for preparing, submitting, publicizing and circulating all public notices related to the CEQA environmental process and if applicable, the NEPA environmental process, including, but not limited to, notice(s) of availability of the environmental document and/or determinations and notices of public hearings. Public notices shall comply with all State and Federal laws, regulations, policies and procedures. STATE will work with the appropriate Federal agency to publish notices in the Federal Register, if applicable. STATE, as a PROJECT cost, shall be responsible for overseeing the planning, scheduling and holding of all public meetings /hearings related to the CEQA environmental process and if applicable, the NEPA environmental process. CITY, to the satisfaction of STATE and subject to all of STATE's and FHWA's policies and procedures, shall be responsible 7 District Agreement No. 8 -1416 for performing the planning, scheduling and details of holding all public meetings/hearings related to the CEQA environmental process and if applicable, the NEPA environmental process. STATE will'participate as CEQA Lead Agency and if applicable, the NEPA Lead Agency, in all public meetings/hearings related to the CEQA environmental process and if applicable, the NEPA environmental process, for PROJECT. CITY shall provide STATE the opportunity to provide comments on any public meeting/hearing exhibits, handouts or other materials at least ten (10) days prior to any such public meetings/hearings. STATE maintains final editorial control of exhibits, handouts or other materials to be used at public meetings/hearings. 11. In the event CITY would like to hold separate and/or additional public meetings/hcarings regarding the PROJECT, CITY must clarify in any meeting/hearing notices, exhibits, handouts or other materials that STATE is the CEQA Lead Agency and if-applicable, the NEPA Lead Agency, and CITY is the CEQA Responsible Agency. Such notices, handouts and other materials shall also specify that public comments gathered at such meetings/hearings are not part of the CEQA and if applicable, NEPA, public review process. CITY shall provide STATE the opportunity to provide comments on any meeting/hearing exhibits, handouts or other materials at least ten (10) days prior to any such meetings/hearings. STATE maintains final editorial control of exhibits, handouts or other materials to be used at public meetings/hearings solely with respect to text or graphics that could lead to public confusion over CEQA and if applicable, NEPA, related roles and responsibilities. 12. All administrative reports, studies, materials, and documentation, including, but not. limited to, all administrative drafts and administrative finals, relied upon, produced, created or utilized for PROJECT will be held in confidence pursuant to Government Code section 6254.5(e). The parties agree that said material will not be distributed, released or shared with any other organization, person or group other than the parties' employees, agents and consultants whose work requires that access without the prior written approval of the party with the authority to authorize said release and except as required or authorized by statute or pursuant to the terms of this Agreement. 13. CITY's share of all changes in development and construction costs associated with modifications to the basic design features as described above shall be in the same proportion as described in this Agreement, unless mutually agreed to the contrary by STATE and CITY in a subsequent amendment to this Agreement. 14. The party that discovers hazardous materials (HM) will immediately notify the other party(ies) to this Agreement. HM -I is defined as hazardous material (including but not limited to hazardous waste) that requires removal and disposal pursuant to federal or state law, whether it is disturbed by PROJECT or not. District Agreement No. 8 -1416 HM -2 is defined as hazardous material (including but not limited to hazardous waste) that may require removal and disposal pursuant to federal or state law, only if disturbed by PROJECT. 15. STATE, independent of PROJECT, is responsible for any HM -1 found within existing SHS right of way. STATE will undertake HM -1 management activities with minimum impact to PROJECT schedule and will pay all costs for HM -1 management activities. CITY, independent of PROJECT, is responsible for any HM -1 found outside existing SHS right of way. CITY will undertake HM -1 management activities with minimum impact to PROJECT schedule and will pay all costs for HM -1 management activities. 16. If HM -2 is found within the limits of PROJECT, the public agency responsible for advertisement, award, and administration (AAA) of the PROJECT construction contract will be responsible for HM -2 management activities. Any management activity cost related to HM -2 is a PROJECT construction cost. 17. Management activities related to either 11M -1 or HM -2 include, without limitation, any necessary manifest requirements and designation of disposal facility. 18. STATE's acquisition or acceptance of title to any property on which any hazardous material is found will proceed in accordance with STATE's policy on such acquisition. 19. A separate Cooperative Agreement or agreements will be required to address Landscape Maintenance, and to cover responsibilities and funding for the construction phase of PROJECT. 20. Nothing within the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or to affect the legal liability of either party to the Agreement by imposing any standard of care with respect to the development; design, construction, operation, or maintenance of the SHS and public facilities different from the standard of care imposed by law. 21. Neither STATE nor any officer or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority, or jurisdiction conferred upon CITY or arising under this Agreement. It is understood and agreed that, CITY will fully defend, indemnify, and save harmless STATE and all of its officers and employees from all claims, suits, or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation, or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this Agreement. 22, Neither CITY nor any officer or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by STATE under pri District Agreement No. 8 -1416 or in connection with,any work, authority, or jurisdiction conferred upon STATE or arising under this Agreement, it is understood and agreed that, STATE will fully defend, indemnify, and save harmless CITY and all of its officers . and employees from all claims, suits, or actions of every name, kind and description brought forth under, including, but . not limited to, tortious, contractual, inverse condemnation, or other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this Agreement. 23. Prior to the commencement of any work pursuant to this Agreement, either STATE or CITY may terminate this Agreement by written notice to the other party. 24. No alteration or variation of the terms of this Agreement shad be valid unless made by a formal amendment executed by the parties hereto and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 25. This Agreement shall terminate upon the satisfactory completion of all post- PROJECT construction obligations of CITY and the delivery of required PROJECT construction documents, with concurrence of STATE, or on December 31, 2014, whichever is earlier in time, except that the ownership,. operation, maintenance, indemnification, environmental commitments, legal challenges, and claims articles shall remain in effect until terminated or modified, in writing, by mutual agreement. Should any construction related or other claims arising out of PROJECT be asserted against one of the parties, the parties agree to extend the fixed termination date of this Agreement, until such time as the construction related or other claims are settled, dismissed or paid. SIGNATURES ON FOLLOWING TWO PAGES: 10 STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION WILL KEMPTON Director By: 144-1-1G� U RAYMcglb W. W LF , PhD District Director APPROVED AS TO FORM AND PROCEDURE: By: Attorney, Department of Transportation CERTIFIED AS TO FUNDS: By: istrict Budget Manager CERTIFIED AS TO FINANCIAL TERMS AND POLICIES: �, I;m 11 District Agreement No. 8 -1416 CITY OF LAKE ELSINORE By: '] DARYL HICKMAN Mayor Attest: interim City CIerk APPROVED AS TO FORM AND PROCEDURE: r City Attorney 12 District Agreement No. 8 -1416 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE ) i, CAROL COWLEY, Interim City Clerk of the City of Lake Elsinore, California, hereby certify that the foregoing Minutes of the Regular Meeting of November 25, 2008, was approved by the City Council of the City of Lake Elsinore at a regular meeting held on the 90 day of December 2008, and that the same is a true and correct copy of the original Minutes filed in the Minute Book in the City Clerk's office. CAROL CO LEY, INTERlkfCITY CLERK CITY OF LAKE ELSINORE