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HomeMy WebLinkAboutItem # 7 74 Relinquishment - Exhibit F Agreement District Agreement No. 08-1637 1 08-Riv-74-PM 17.35/19.62 From Dexter Avenue to Mauricio Avenue EA 1H171 Project Number 0817000022 District Agreement No. 08-1637 UUUURELINQUISHMENT AGREEMENT This Agreement, entered into effective on __________________, is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as “CALTRANS”, and the CITY OF LAKE ELSINORE, a body politic and a municipal corporation of the State of California, referred to herein as “CITY.” UUUURECITALS 1. CALTRANS and CITY, pursuant to Streets and Highways Code sections 73 and 374, are authorized to enter into a Cooperative Agreement in order to relinquish to CITY a portion of a State Highway within CITY’s jurisdiction. 2. CALTRANS intends to relinquish to CITY that portion of State Route 74 (SR 74) from Dexter Avenue to Mauricio Avenue between Post Miles 17.35 to 19.62UUUU as shown in Exhibit A, attached to and made a part of this Agreement, referred to hereinafter as “RELINQUISHED FACILITIES”. This relinquishment is based on legislation enacted in 2008 as Assembly Bill 1915 that amended Streets and Highways Code Section 37 4 to authorize relinquishment. CITY is willing to accept said RELINQUISHED FACILITIES upon approval by the California Transportation Commission (CTC) of a Resolution of Relinquishment and CALTRANS’s recording of said Resolution in the County Recorder’s Office. 3. CALTRANS and CITY agree that RELINQUISHED FACILITIES are currently in a state of good repair. CALTRANS and CITY have negotiated an understanding that CITY will accept and assume full maintenance, ownership, responsibility, control and liability in perpetuity over the RELINQUISHED FACILITIES in exchange for the payment of $2,200,000 or some other allocation made by CTC deemed to be in the best interest for CALTRANS. 4. The parties hereto intend to define herein the terms and conditions under which RELINQUISHED FACILITIES is to be accomplished. District Agreement No. 08-1637 2 UUUUSECTION I UUUUCITY AGREES: 1. Execution of this Agreement constitutes CITY’s waiver of CALTRANS’s obligation to provide ninety (90) days prior notice of CALTRANS’s “Intention to Relinquish” as set forth in Streets and Highways Code section 73. 2. To accept that allocation, determined by the CTC to be in the best interest of CALTRANS, as CALTRANS’s only payment obligation for this RELINQUISHED FACILITIES. 3. To accept ownership, including all of CALTRANS’s current obligations, rights, title and interest in RELINQUISHED FACILITIES upon recordation of the CTC’s Resolution of Relinquishment in the County Recorder’s Office and to thereafter operate, maintain, and be liable for RELINQUISHED FACILITIES at no additional cost to CALTRANS. 4. To accept RELINQUISHED FACILITIES in their current environmental condition and setting, including, but not limited to, the presence of hazardous materials as described in the ISA Checklist and Memo dated December 8, 2016, and the Environmental Clearance dated December 13, 2016. CITY has received and reviewed a copy UUof the above- referenced ISA Checklist and Memo dated December 8, 2016, and the Environmental Clearance dated December 13, 2016. Upon recordation of the CTC’s Resolution of Relinquishment in the County Recorder’s Office, CALTRANS will not be responsible for any present or future remediation of said hazardous materials. 5. To ensure the continuity of traffic flow along the RELINQUISHED FACILITIES, including any traffic signal progression. 6. To maintain signs along the RELINQUISHED FACILITIES directing motorists to the continuation of SR-74. UUUUSECTION II UUUUCALTRANS AGREES: 1. To relinquish, upon the approval of the CTC’s Resolution of Relinquishment, the RELINQUISHED FACILITIES. 2. To forward and support CITY’s request to CTC for the allocation of $2,200,000 with the expectation that CTC will determine that this or some other allocation is in the best interest of CALTRANS. 3. To submit the CTC Resolution of Relinquishment to the County Recorder’s Office for recording. District Agreement No. 08-1637 3 4. To pay CITY, within thirty (30) days of approval of funding by CTC, the amount of $2,200,000 or any other allocation approved by the CTC. The payment of those funds will represent CALTRANS’s only payment obligation for the purpose of the RELINQUISHED FACILITIES. 5. Thereafter, upon CITY’s specific request, to transfer to CITY within sixty (60) days of such request, copies of available CALTRANS records and files for RELINQUISHED FACILITIES, ,such as plans, survey data and right of way information. UUUUSECTION III UUUUIT IS MUTUALLY AGREED: 1. All obligations of CALTRANS under the terms of this Agreement are subject to the appropriation of resources by the Legislature, State Budget Act authority, and the allocation of any funds by the CTC. 2. CALTRANS reserves the right to enter, at no cost to CALTRANS, RELINQUISHED FACILITIES, to modify or add signage, drainage, and other improvements necessary for State Highway operations. CITY agrees to allow CALTRANS access to operate, maintain, add, remove, or modify CALTRANS’s facilities retained in those collateral facilities. 3. CITY shall fully defend, indemnify and save harmless CALTRANS and all its officers and employees from all claims, suits or actions related to environmental theories or assertions of liability, including, but not limited to, claims or lawsuits related to the presence of hazardous materials as described in the ISA Checklist and Memo dated December 8, 2016, and the Environmental Clearance dated December 13, 2016, provided that the actions, events, injuries, damages, or losses giving rise to any claims, suits or actions occurred on or arise after the date of the recordation of the CTC’s Resolution of Relinquishment. 4. CALTRANS shall fully defend, indemnify and save harmless CITY and all its officers and employees from all claims, suits or actions related to environmental theories or assertions of liability, including, but not limited to, claims or lawsuits related to the presence of hazardous materials as described in the UUUISA Checklist and Memo dated December 8, 2016, and the Environmental Clearance dated December XX, 2016, provided that the actions, events, injuries, damages, or losses giving rise to any claims, suits or actions occurred or arose before the date of recordation of the CTC’s Resolution of Relinquishment. 5. Neither CALTRANS 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 , and/or its agents under or in connection with any work, authority, or jurisdiction District Agreement No. 08-1637 4 conferred upon CITY under this Agreement. It is understood and agreed that CITY, to the extent permitted by law, will defend, indemnify, and save harmless CALTRANS and all of its officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done b y CITY, and/or its agents under this Agreement. 6. 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 CALTRANS, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CALTRANS under this Agreement. It is understood and agreed that CALTRANS, to the extent permitted by law, will 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, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by CALTRANS, and/or its agents under this Agreement. 7. No alteration of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 8. This Agreement shall terminate upon recordation of the CTC’s Resolution of Relinquishment for RELINQUISHED FACILITIES in the County Recorder’s Office and payment by CALTRANS of $2,200,000 or any other allocation by CTC to CITY, except for those provisions which relate to indemnification, ownership, operation, and maintenance, which shall remain in effect until terminated or modified in writing by mutual agreement. District Agreement No. 08-1637 5 UUUUSIGNATURES PARTIES declare that: 1. Each PARTY is an authorized legal entity under California state law. 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 ____________________________________ _________________________________ John Bulinski Mayor District Director APPROVED AS TO FORM AND ATTEST: PROCEDURE: ____________________________________ _________________________________ Attorney CITY Clerk Department of Transportation APPROVED AS TO FORM AND CERTIFIRED AS TO FUNDS PROCEDURE: ____________________________________ ________________________________ Lisa Pacheco CITY Counsel District Budget Manager CERTIFIED AS TO FINANCIAL TERMS AND POLICIES: ____________________________________ Accounting Administrator UUUU