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California State/Hwy 111 Relinquishment 0708-Riv-11I-PM 32.31/34.26 Highway Relinquishment In the City of La Quinta EA OJ5100 District Agreement No. 8-1360 RELINQUISHMENT COOPERATIVE AGREEMENT This Agreement, entered into effective on [�'p lour to 2007, is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as "STATE", and the CITY OF LA QUINTA a body politic and municipal corporation of the State of California, referred to herein as "CITY." RECITALS 1. STATE and CITY, pursuant to Streets and Highways Code sections 73 and 130, 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. STATE intends to relinquish to CITY that portion of State Route 111 between Post Miles 32.31/34.26 as shown in Exhibit A, attached to and made a part of this Agreement, referred to hereinafter as "RELINQUISHED FACILITIES." CITY is willing to accept said relinquishment upon approval by the California Transportation Commission (CTC) of a Resolution of Relinquishment and STATE's recording of said Resolution in the County Recorder's Office. 3. STATE and CITY have negotiated an understanding that STATE will continue to maintain the RELINQUISHED FACILITIES in a state of good repair until the date of recordation of the Resolution of Relinquishment. CITY will accept the RELINQUISHED FACILITIES in return for the payment of $700,000 in exchange for CITY assuming full maintenance, ownership, responsibility, control and liability in perpetuity, over the RELINQUISHED FACILITIES and for specific future improvements and betterments to be added by CITY including but not limited to the form of pavement rehabilitation, pavement overlay, shoulder widening, sealing cracks, drainage improvements, and Americans with Disabilities Act upgrades. 4. The parties hereto intend to define herein the terns and conditions under which relinquishment is to be accomplished. District Agreement No. 8-1360 SECTION I CITY AGREES: Execution of this Agreement constitutes CITY's waiver of STATE's obligation to provide ninety (90) days prior notice of STATE's "Intention to Relinquish" as set forth in section 73 of the Streets and Highways Code. 2. To accept ownership, including all of STATE'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 STATE. To appear before the CTC, if deemed appropriate by CITY, to offer CITY's substantiation that the requested CTC allocation of the funds to bring the RELINQUISHED FACILITIES into a state of good repair is in the best interest of the public. 4. To accept that allocation, determined by the CTC to be in the best interests of the public in its Resolution of Relinquishment, as STATE's only payment obligation for this relinquishment of RELINQUISHED FACILITIES. SECTION II STATE AGREES: To relinquish, upon the approval of the CTC's Resolution of Relinquishment, RELINQUISHED FACILITIES. 2. To forward and support CITY's request for the allocation of $700,000 by the CTC with the expectation that the CTC will determine that this or some other allocation is in the best interest of the public to improve RELINQUISHED FACILITIES beyond a state of good repair and in exchange for CITY assuming full maintenance, ownership, responsibility, control and liability in perpetuity, over the RELINQUISHED FACILITIES. 3. To submit the CTC Resolution of Relinquishment to the County Recorder's Office for recording. 4. To pay CITY, within thirty (30) days of the recordation of the CTC's Resolution of Relinquishment, that amount, if any, allocated by the CTC in its Resolution of Relinquishment. The payment of those funds will represent STATE's only payment obligation for the purpose of this relinquishment. 5. To transfer to CITY, within sixty (60) days of the recordation of the CTC's Resolution of Relinquishment, copies of all available STATE records and files for RELINQUISHED District Agreement No. 8-1360 FACILITIES, including, but not limited to, plans, survey data and right of way information. SECTION III IT IS MUTUALLY AGREED: 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 any funds by the CTC. 2. 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 and arising under this Agreement. It is understood and agreed that CITY shall fully defend, indemnify and save harmless STATE and all 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 and other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this Agreement. 3. 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 or in connection with any work, authority or jurisdiction conferred upon STATE and arising under this Agreement. It is understood and agreed that STATE, shall fully defend, indemnify and save harmless CITY and all 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 and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this Agreement. 4. 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. This Agreement shall terminate upon recordation of the CTC's Resolution of Relinquishment for RELINQUISHED FACILITIES in the County Recorder's Office, or on January 1, 2013, whichever is earlier in time except for those provisions which relate to a payment, indemnification, ownership, operation, and maintenance, which shall remain in effect until terminated or modified in writing by mutual agreement. SIGNATURES ON FOLLOWING PAGE: 1 District Agreement No. 8-1360 STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION WILL KEMPTON Director By: 7" DiR,ICHAEL A. PEROVICH IIJJ strict 08 Director APPROVED AS TO FORM AND PROCEDURE: Attorney, Department of Transportation CERTIFIED AS TO FUNDS: By: ill" District Budget Manager CERTIFIED AS TO FINANCIAL TERMS AND POLICIES: Uour'ting;kdministrato CITY OF LA QUINTA By: dtsan�e Mayor APPROVED AS TO FORM AND 0 CITY Counsel rd District Agreement No. 8-1360 EXHIBIT A • v v� b E. M a� ^ t } t9 e 4 s .... pnp K, 1.a^�"''( -i P.O Box I504 �� . 92"47-1509 ' 78-495 r T\nirico(760) 777-7000 1"v Q1INA, Cni.uuRNI 92:25; FAX (760) 777-7101 Minute Action of the City Council of the City of La Quinta Date: December 5, 2007 To: Caltrans Meeting Date: December 4, 2007 Item Number: Consent Calendar No. 6 Title: APPROVAL OF A COOPERATIVE AGREEMENT WITH THE STATE OF CALIFORNIA FOR THE RELINQUISHMENT OF STATE ROUTE III WITHIN THE CITY OF LA QUINTA JURISDICTIONAL BOUNDARIES It was duly moved by Council Member Sniff, seconded by Council Member Osborne that Consent Calendar Item No. 6 approving a Cooperative Agreement with the State of California for the relinquishment of State Route I I I within the City of La Quinta jurisdictional boundaries and authorizing the Mayor to execute the Cooperative Agreement on behalf of the City, be approved. The motion carried by the following vote: AYES: 5 Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph NOES: 0 None ABSENT: 0 None STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) § CITY OF LA QUINTA ) I Veronica J. Montecino, City Clerk of the City of La Quinta hereby certify, under penalty of perjury, that the foregoing is a true and correct excerpt from the minutes of the action taken by the La Qua City Council Members at a meeting held Tuesday, December 4, 2007. Veronica J. MonyEino, CMC City Clerk ��// Ell -STATE OF CALIFORNIA—BUSINESS, TRANSPQRTATION AND HOUSING ArENCY ARNOID SCKWARZENEGGER. DEPARTMENT OF TRANSPORTATION DISTRICT 8 CONSTRUCTION DIVISION (NIS 865) 464 WEST e1i STREET, 0 FLOOR SAN BERNARDINO, CA 92401-1400 PHONE (909) 383-4720 FAX (909) 383-6383 TTY (909) 383-6300 January 22, 2008 Mr. Thomas P. Genovese City Manager City of La Quinta P.O. Box 1504 La Quinta, CA 92247 Dear Mr. Genovese: / " -, 0 OV/N �/ 5 ; ' 9 Flex your power! Be energy efficient! Relinquishment of Rte. 111 Ref:8-Riv-111, P.M. 32.31-P.M. 34.26 Rel. Req. No. 463-R CTC Res. No. R3678 DOC# 2008-0032640 This is to inform you that as of 08:00 a.m. on 01/22/08, by the authority of Legislative Deletion (AB 224), and the California Transportation Commission, the Right of Way of State Route 111 has been relinquished to the City of La Quinta. This action has taken place in accordance with Section 73 of the Streets and Highways Code. Please notice the attached document and tracings indicating the portion of Route 111 pertaining to this relinquishment. If there are any questions about this matter, please don't hesitate to call me at (909) 383-4720, or Mr. David Corbell, Relinquishments Land Surveyor, of my staff, at (909) 383- 4704. Sincere,y, i KENNETH ANDREWS Senior Transportation Surveyor Office of Land Surveying Enclosure KA/am " Caltrans improves mobility across California' S I AfF_U=CALfORNIIA—BUSINESS TRANSPORTAI ION AND HOUSING AGENCY ARNOLD SCHWARZENEGGER Governor DEPARTMENT OF TRANSPORTATION DIVISION OF RIGHT OF WAY AND LAND SURVEYS OFFICE OF LAND SURVEYS 1727 30'" Streel P O BOX 168041 SACRAMENTO, CA 95816-8041 PHONE (916) 227-7669 FAX (916) 227-7670 TTY (916) 227-8454 January 17, 2008 City of La Quinta City Hall P.O. Box 1504 78-495 Calle Tampico La Quinta, CA 92253 RECEIVED 0 JAN2 3 2008 Flexyanrpn,ver' Be energy efjirienll R/W ENGINEERING Relinquishments 8-Riv-III-PM 32.31/34.26 Rel. Req. No. 463-R Legislative Deleted State Highway CTC Res.: R3678 CTC Date: January 10, 2008 RELINQUISHMENT OF HIGHWAY RIGHT OF WAY Enclosed for informational purposes only is a certified copy of the above -referenced California Transportation Commission Resolution of Relinquishment. This action was taken in accordance with Senate Bill 224, Chapter 718 of the 2007 statutes. The relinquishment will become effective upon recordation with the County Recorder. Our District Office will handle the recording and will advise you immediately thereafter. Sincerely, MARK S. TURNER, Chief Office of Land Surveys Division of Right of Way and Land Surveys Enclosure "Ca6rons improves mobdtty across California TRANSPORTATIUN UUMMI,SIUN RESOLUTION No. R3678 RELINQUISHMENT OF HIGHWAY RIGHT OF WAY IN THE CITY OF LA QUINTA, ROAD 08-RIV-111-PM 32.31/34.26 Request No. 463-R WHEREAS, by relinquishment cooperative agreement dated December 6, 2007, between the City of La Quinta and the State of California, the City waived the 90-day notice requirement and agreed to accept title to a portion of State Highway Route 111 lying within the City limits, upon relinquishment thereof to said City by the State of California; and WHEREAS, by said relinquishment cooperative agreement the City of La Quinta is willing to accept a lump sum payment of $700,000 to accept title to said portion of Route 111; and WHEREAS, this Commission does hereby approve the terms and conditions of said relinquishment cooperative agreement; and WHEREAS, this Commission has the authority by resolution to relinquish pursuant to Legislative enactment; and WHEREAS, in accordance with Section 411 of the Streets and Highways Code, as amended by Chapter 718 Statutes of 2007, this Commission has found and determined, and does hereby find and determine, that it is desirable and in the public interest that said highway be relinquished to the City of La Quinta for use as a city street. NOW, THEREFORE, IT IS VOTED by the California Transportation Commission that it relinquish and it does hereby relinquish, to the City of La Quints, effective upon the recordation of a certified copy hereof with the Recorder of Riverside County, all of the State of California's right, title and interest in and to said State highway, described as follows: That portion of highway right of way shown as SEGMENT 1, to be relinquished as indicated on one set of 7 maps filed for record as Document No. 2007-0733143, on December 6, 2007, in State Highway Map Book 11, Pages 71 through 77, inclusive, in the Office of the Riverside County Recorder. THIS IS TO CERTIFY that the foregoing resolution was duly passed by the California Transportation Commission at its meeting regularly called and held on the I Oth day of January 2008, in the City of Sacramento and that the foregoing is a full and correct copy of the original resolution. Dated this I lth day of January 2008. 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