HomeMy WebLinkAboutC-3705 - Cooperative Agreement - Relinquishment of Bristol Street North and South (District Agreement No. 12-404)Wr
RECORDING REQUESTED Recorded in Official Records, Orange County
Tam Daly, Clerk- Recorder
F��°r TO:
Francis FEE
eakrans - D12 -R(W Engineering
3337 Michelson Dr., Ste. 380 2005000630727 03:06 p m 08111105
Irvine, CA 92612 -8894 1208 R08 2
EXCEMPT PER GOV. CODE 6103 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
RELINQUISHMENT OF HIGHWAY RIGHT OF WAY IN THE
CITY OF NEWPORT BEACH, ROAD 12- ORA -73 -PM 4.8/5.6
Request No. R120003
WHEREAS, by cooperative agreement dated May 20, 2004,
between the City of Newport Beach and the State of California,
the City waived the 90 -day notice requirement and agreed to L
accept title to frontage roads, upon relinquishment thereof to
said City by the State of California; and
facilities in the City of Newport Beach, along Bristol Street and
North Bristol Street, from Jamboree Road to Campus Drive /Irvine
Avenue, road 12- Ora -73; and
WHEREAS, this Commission has found and determined, and
does hereby find and determine, that it is desirable and in the
public interest that said collateral facilities be relinquished
to the City of Newport Beach for use as city streets;
TRANSPORTATION COMMISSION
RESOLUTION No. R3599
0
PASSED BY
CTC
JUL 14 2005
CALIFORNIA
TRANSPORTATIOM COMMISSION
WHEREAS, the State
of
California has acquired right of
way for and has constructed
the
above - mentioned collateral
facilities in the City of Newport Beach, along Bristol Street and
North Bristol Street, from Jamboree Road to Campus Drive /Irvine
Avenue, road 12- Ora -73; and
WHEREAS, this Commission has found and determined, and
does hereby find and determine, that it is desirable and in the
public interest that said collateral facilities be relinquished
to the City of Newport Beach for use as city streets;
TRANSPORTATION COMMISSION
RESOLUTION No. R3599
0
PASSED BY
CTC
JUL 14 2005
CALIFORNIA
TRANSPORTATIOM COMMISSION
1 ,M
NOW, THEREFORE, IT IS VOTED by the California
Transportation Commission that it relinquish, and it does hereby
relinquish, to the City of Newport
recordation of a certified copy he
Orange County, all of the State of
interest in and to said collateral
together with the right of way and
described as follows:
Beach, effective upon the
reof with the Recorder of
California's right, title and
facilities in said City,
appurtenances thereof,
All those portions of frontage roads located in the
City of Newport Beach, State of California, shown as SEGMENTS 1
and 2, as shaded or stippled on maps recorded on August 4, 2004,
in State Highway Map Book 13, pages 33 to 37, inclusive, records
of Orange County
EXCEPTING AND RESERVING to the State of California any
and all rights of ingress to and egress from the Highway hereby
relinquished in and to the adjacent and adjoining freeway, except
at such points as are now or may be established by resolution of
this Commission.
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 14th day of July 2005, in the City
of San Diego and that the foregoing is a full and correct copy of the
qP original resolution. Dated this 18th day of July 2005.
ecutive Director
CALIFORNIA TRANSPORTATION COMMISSION
SCATS 6F CALIFORNIA- BUSINESS, TRANSP -0AX AND HOUSING AGENCY is ARNQLD SC MAR2INMQ L G
DEPARTMENT OF TRANSPORTATION
DISTRICT 12
3337 MICHELSON CRIVE
SUITE 380
IRVINE, CA 92612 -8894
PHONE (949)7242507
FAX (949)724 -2591
June 9, 2004
Mr. Bill Patapoff
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
ECEIVE
t 4 2004 kxyour
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Be energy efficient!
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12- ORA -73 KP 7.4/9.3
SR 73, Bristol Street Frontage Road
From Jamboree Road
to Campus Drive/Irvine Avenue
1220M29301
District Agreement No. 12-404
SUBJECT: RELINQUISHMENT COOPERATIVE AGREEMENT NO. 404 (E.A. 029301)
Dear Mr. Patapoff:
Enclosed is a fully executed original of the Relinquishment Cooperative Agreement No. 404,
executed on May 20, 2004, between the State and City for your files.
The Department is proceeding with the relinquishment at this time.
Should you have any questions, please call me at (949) 724 -2507 or Sharon Sarquilla -Mills at
(949) 724 -2106.
Sincerely,
MATTHEW Q. CUGINI, Chief
Design Branch C
c: file
attachments
"Caltrans improves mobility across California"
12- ORA -73 KP7.4/9.3(PM4.6/5.8)
SR 73, Bristol Street Frontage Road
From Jamboree Road
to Campus Drive/Irvine Avenue
12208 029301
District Agreement No. 12 -404
COOPERATIVE AGREEMENT
This AGREEMENT, ENTERED INTO EFFECTIVE ON "1 d 0
2004, is between the STATE OF CALIFORNIA, acting by and through its Department of
Transportation, referred to herein as STATE, and
CITY OF NEWPORT BEACH
A body politic and a Municipal
Corporation of the State of
California, referred to herein as
"CITY."
015835
District Agreement No. 12 -404
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 desires to relinquish to CITY that portion of the Northbound and Southbound
Bristol Street Frontage Roads on State Route 73, (SR 73), between Jamboree Road and
Irvine Avenue /Campus Drive, as shown on Exhibit B, attached to and made a part of this
Agreement, and CITY is willing to accept said relinquishment conditioned upon the receipt
of funds allocated as provided hereinbelow.
3. STATE and CITY have negotiated an understanding that, while STATE will continue to
maintain that part of Bristol Street Frontage Roads on SR 73 in a state of good repair until
the date of relinquishment, CITY, for an amount of $750,000 for specific improvements and
betterments in the form of roadway rehabilitation, more particularly described in Exhibit A,
attached hereto and made a part of this Agreement, will accept the relinquishment of the
described portions of these SR 73 frontage roads.
4. STATE and CITY agree on the necessary work to place the Bristol Street Frontage Roads in
a state of good repair and agree that the cost to perform such work is $ 750,000.
5. STATE is willing to pay CITY the agreed amount to perform these improvements in lieu of
STATE performing the pavement rehabilitation on Bristol Street Frontage Roads.
2 015835
District Agreement No. 12-404
6. CITY is willing to accept the said amount as STATE'S total responsibility to improve these
portions of the highway for the purpose of relinquishing the Bristol Street Frontage Roads to
CITY.
7. Relinquishment to CITY will occur upon approval by the California Transportation
Commission (CTC) of a resolution of relinquishment and the recording of said resolution in
the County Recorder's Office.
8. The parties hereto desire to define herein the terms and conditions under which
relinquishment is to be accomplished.
SECTION I
CITY AGREES:
1. Execution of this Agreement constitutes CITY's waiver of the ninety (90) days' notice of
"Intention to Relinquish" requirement contained in section 73 of the Streets and Highways
Code. CITY asserts that the payment of these negotiated funds constitutes an allocation that
is in the best interests of the State of California when so determined by the CTC in its
Resolution of Relinquishment.
3 015835
0
District Agreement No. 12 -404
2. To submit an invoice in the amount of $750,000, which figure represents the lump sum total
amount of performing the pavement rehabilitation on Bristol Street Frontage Roads, to the
STATE within thirty (30) days of recordation of the CTC's Resolution of Relinquishment in
the County Recorder's office.
3. CITY agrees 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 full and only payment obligation
for the rehabilitation by CITY of that portion of the highway which will be relinquished by
STATE to CITY.
4. Upon recordation of the CTC's Resolution of Relinquishment in the County Recorder's
Office, CITY agrees to accept ownership, including all rights, title and interest in said
portion of SR73 described in Article 2 of Recitals, and to thereafter operate, maintain and be
liable for said relinquished facility without any additional cost to STATE.
5. To assume the responsibility of determining the pricing and the quantities of the contract
items and to develop the Special Provisions for the contract to rehabilitate of this portion of
SR 73.
6. To assume the responsibility to advertise, award and administer the construction contract to
rehabilitate this portion of SR 73.
4 015835
SECTION II
STATE AGREES:
District Agreement No. 12 -404
1. To recommend that the CTC allocate the negotiated funds in the amount of $750,000 as part
of the CTC's Resolution of Relinquishment to delete this portion of SR 73 from the State
Highway System.
2. To pay CITY that amount allocated by the CTC in its Resolution of Relinquishment which
is determined to be in the best interests of the public. The payment of those CTC allocated
funds by STATE to CITY will represent STATE's final and only payment for the purpose of
this relinquishment.
3. To transfer to CITY, within sixty (60) days of the recordation of the CTC's Resolution of
Relinquishment, all available STATE records and files for the described portions of Bristol
Street Frontage Roads on SR 73 , including, but not limited to, plans, survey data and right
of way information.
4. To provide copies of all existing plans and quantities to CITY for the rehabilitation of the
described portions the Bristol Street Frontage Roads on SR 73.
5 015835
9
District Agreement No. 12 -404
5. Upon proper application by the City and the City Contractor, to issue, at no cost to CITY and
CITY's contractor, the necessary encroachment permits for required work within the State
Highway Right of Way.
6. To deposit with CITY, within thirty (30) days of recordation of the CTC's Resolution of
Relinquishment in the County Recorder's office and the receipt of an invoice from the CITY,
the amount of $750,000, which figure represents the lump sum total amount of performing
the pavement rehabilitation on Bristol Street Frontage Roads, subject to the appropriation of
resources by the Legislature and the State Budget Act authority.
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 those
resources by the CTC.
2. Neither STATE nor any officer or employee thereof is responsible for any 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 delegated to CITY under this Agreement.
It is understood and agreed that, pursuant to Government Code Section 895.4, CTTY shall
fully defend, indemnify and save harmless the State of California, all officers and employees
6 015835
District Agreement No. 12 -404
from all claims, suits or actions of every name, kind and description brought for or on
account of injury (as defined in Government Code Section 810.8) occurring by reason of
anything done or omitted to be done by CITY under or in connection with any work
authority or jurisdiction delegated to CITY under this Agreement once the Resolution of
Relinquishment is filed for recordation.
3. Neither CITY nor any officer or employee thereof is responsible for any 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 delegated to STATE under this
Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4,
STATE shall fully defend, indemnify and save harmless the City of Newport Beach, all
officers and employees from all claims, suits or actions of every name, kind and description
brought for or on account of injury (as defined in Government Code Section 810.8)
occurring by reason of anything done or omitted to be done by STATE under or in
connection with any work authority or jurisdiction delegated to STATE under this
Agreement once the Resolution of Relinquishment is filed for recordation.
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 recording in the County Recorders Office of the
relinquishment resolution for this portion of SR 73, or on December 31, 2005, whichever is
7 015835
District Agreement No. 12 -404
earlier in time except for those provisions which relate to payment, indemnification,
ownership, operation and maintenance which shall remain in effect until terminated or
modified in writing by mutual agreement.
8
015835
0
STATE OF CALIFORNIA
Department of Transportation
TONY
Acting
M
EMUQUE ALONSO
Deputy District Director
Project Delivery
APPROVED AS TO FORM
AND PROCEDURE
Attorney, Department of
Transportation
District Agreement No. 12 -404
CITY OF NEWPORT BEACH
By: ��-
Mayor
CERTIFIED AS TO FINANCIAL TERMS
AND CONDITIONS
CER'T'IFIED AS TO FUNDS
_ ...1./ i. �_ �I '�...� l
�9
AYYxU V riUJ AJ IV rUKIVI
F\. ►107
015835
District Agreement No. 12 -404
EXHIBIT A
COSTS OF REHABILITATION
BRISTOL STREET RELINQUISHMENT
ITEMS COST
ROADWAY $564,000
MOBILIZATION, 10% $56A
SUBTOTAL $620,400
CONTINGENCY, 5% $31,020
CONSTRUCTION TOTAL $651,420
CONSTRUCTION MANAGEMENT, 15% $97,713
GRAND TOTAL $749,133
(CALL $750,000)
10 015835
LOSMGELES
District Agreement No. 12 -404
12- ORA -73 KP 7.4/9.3 (PM 4.6/5.8)
Route 73, Bristol Street Relinquishment
12208 - 023901
March 10, 2004
11 015835
RESOLUTION NO. 2004-38
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, AGREEING WITH THE
REQUEST OF THE STATE OF CALIFORNIA TO RELINQUISH
THE RIGHT -OF -WAY FOR NORTHBOUND AND SOUTHBOUND
BRISTOL STREET FRONTAGE ROADS ON STATE ROUTE 73
BETWEEN JAMBOREE ROAD AND IRVINE AVENUEICAMPUS
DRIVE
WHEREAS, the City of Newport Beach ( "City ") agrees with the State of
California ( "State ") to relinquish the right -of -way for Northbound and Southbound
Bristol Street Frontage Roads on State Route 73 (SR73) between Jamboree Road
and Irvine Avenue/ Campus Drive to the City of Newport Beach ( "City"); and
WHEREAS, pursuant to State law, the California Transportation
Commission ( "CTC "), upon request from the State Department of Transportation
( "Caltrans "), may relinquish any portion of State highways and Caltrans, District 12
has indicated a willingness to recommend to the CTC that the right -of -way for that
portion of Northbound and Southbound Bristol Street Frontage Roads of SR73 be
relinquished to the City; and
WHEREAS, the City desires to enter into a Cooperative Agreement with
Caltrans in accordance with Section 2.52 of the Caltrans Cooperative Agreement
Manual to more specifically define the precise boundary, terms, and conditions
under which relinquishment will be recommended to the CTC.
NOW, THEREFORE, The City Council of the City of Newport Beach, does
hereby resolve, determine and order as follows:
The City Council of the City hereby agrees that Caltrans, District 12 initiate
the process to relinquish those portions of the right -of -way for Bristol Street
Frontage Roads of SR73 between Jamboree Road and Irvine
Avenue /Campus Drive.
2. The City Council of the City requests that a precise legal description of the
area to be relinquished be developed through a joint effort of the City and
State and included in a cooperative agreement to be executed by City and
State.
3. The City Council of the City hereby acknowledges that it is willing to accept
such relinquishment and hereby consents to initiation of relinquishment.
015835
4. The City Council of the City hereby expresses its willingness to enter into a
cooperative agreement, substantially in the form set forth in the Caltrans
Cooperative Manual (Form G -1) to more specifically define the precise
boundary, terms and conditions under which relinquishment will be
recommended to the CTC.
5. The City Council of the City waives the ninety -day (90) Notice of Intention to
Relinquish requirement contained in Section 73 of the Streets and Highways
Code.
Adopted this 11th day of May, 2004.
ATTEST:
Ma
0.15835
CADocuments and Settings \lharkless \Local Settings \Temporary Intemet Files\ OLKB1Bristol- Relinquishment.doc
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
resolution, being Resolution No. 2004 -35 was duly and regularly introduced before and adopted by
the City Council of said City at a regular meeting of said Council, duly and regularly held on the
11th day of May, 2004, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Heffernan, Rosansky, Adams, Bromberg, Nichols, Mayor Ridgeway
Noes: None
Absent: Webb
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 12th day of May, 2004.
(Seal)
City Clerk
Newport Beach, California
015835
DEPARTMENT OF TRANSPORTATION
DIVISION OF RIGHT OF WAY AND LAND SURVEYS
OFFICE OF LAND SURVEYS
1727 300 Street
P. O. BOX 168041
SACRAMENTO, CA 95816 -8041
PHONE (916) 227 -7669
FAX (916) 227 -7670
TTY (916) 227 -8454
August 9, 2005
City Council
City of Newport Beach
3300 Newport Blvd
Newport Beach, CA 92663 -3816
'05 AUG 15 A9 :59
—Y 'LEI",
a_ACH
R/W ENGINEERING
Relinquishments
12- Ora -73 -PM 4.8/5.6
Rel. Req. No. R120003
Collateral Facilities
CTC Res.: R3599
CTC Date: July 14, 2005
RELINQUISHMENT OF HIGHWAY RIGHT OF WAY
rte:
41
Flex your power!
Be energy efficient!
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 Section 73 of the Streets and Highways Code.
Your attention is directed to Section 100.9 of the Streets and Highways Code
regarding relocated State highways which bypass cities or business districts. The
directional signs erected by the State on such highways shall be left in place and
maintained by the local agency.
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
Date
Copies Sent Td
yor
nc
,OUncil Member
�nager
.ten
/ o
"Caltrans improves mobility across Cal&rnia" El
NSPORTATION COMMISSION
RESOLUTION No. R3599
PASSED BY
.CTC
JUL 14 2005
CAUFORM
7RANBP MATMCOMWSSWH
RELINQUISHMENT OF HIGHWAY RIGHT OF WAY IN THE
CITY OF NEWPORT BEACH, ROAD 12- ORA -73 -PM 4.8/5.6
Request No. R120003
WHEREAS, by cooperative agreement dated May 20, 2004,
between the City of Newport Beach and the State of California,
the City waived the 90 -day notice requirement and agreed to
accept title to frontage roads, upon relinquishment thereof to
said City by the State of California; and
WHEREAS, the State of California has acquired right of
way for and has constructed the above - mentioned collateral
facilities in the City of Newport Beach, along Bristol Street and
North Bristol Street, from Jamboree Road to Campus Drive /Irvine
Avenue, road 12- Ora -73; and
WHEREAS, this Commission has found and determined, and
does hereby find and determine, that it is desirable and in the
public interest that said collateral facilities be relinquished
to the City of Newport Beach for use as city streets;
0
NOW, THEREFORE, IT IS VOTED by the California
Transportation Commission that it relinquish, and it does hereby
relinquish, to the City of Newport Beach, effective upon the
recordation of a certified copy hereof with the Recorder of
Orange County, all of the State of California's right, title and
interest in and to said collateral facilities in said City,
together with the right of way and appurtenances thereof,
described as follows:
All those portions of frontage roads located in the
City of Newport Beach, State of California, shown as SEGMENTS 1
and 2, as shaded or stippled on maps recorded on August 4, 2004,
in State Highway Map Book 13, pages 33 to 37, inclusive, records
of Orange County
EXCEPTING AND RESERVING to the State of California any
and all rights of ingress to and egress from the Highway hereby
relinquished in and to the adjacent and adjoining freeway, except
at such points as are now or may be established by resolution of
this Commission.
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 14th day of July 2005, in the City
of San Diego and that the foregoing is a full and correct copy of the
original resolution. ated this 18th day of July 2005.
���
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CALIFORNIA TRANSPORTATION COMMISSION
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C-3106
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 9
May 11, 2004
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
William Patapoff, P.E.
949 - 644 -3311
bpatapoff@city.newport-beach.ca.us
SUBJECT: RELINQUISHMENT OF BRISTOL STREET NORTH AND SOUTH —
APPROVAL OF COOPERATIVE AGREEMENT WITH STATE OF
CALIFORNIA AND ADOPTION OF RESOLUTION NO. 2004-
RECOMMENDATIONS:
1. Approve the cooperative agreement with the State of California, which provides
for the relinquishment of that portion of the Northbound and Southbound Bristol
Street Frontage Roads on State Route 73 (SR 73), between Jamboree Road
and Irvine /Campus Drive to the City of Newport Beach.
2. Adopt Resolution No. 2004 to accept the request of the State of California to
relinquish the right -of -way for Northbound and Southbound Bristol Street
Frontage Roads on State Route 73 (SR 73), between Jamboree Road and
Irvine /Campus Drive.
3. Direct staff to invoice the State of California in the amount of $750,000.
DISCUSSION:
The Bristol Street Frontage Roads are currently under the jurisdiction of Caltrans. They
were a part of the SR 73 system prior to and during the construction of the 73 freeway
and San Joaquin Hills toll road as a connection to MacArthur Boulevard (previous SR
73 alignment). As part of the 405173 confluence cooperative agreement with Caltrans,
various improvements to the freeway system were required. The final construction
improvement was the connector between the northbound 73 and the southbound 55
(Connector B), which removed traffic from the City of Newport Beach streets via the
Bristol frontage roads and kept the traffic on the freeway. This improvement satisfies
the City's position taken over the years that the frontage roads could then be
relinquished to the City.
SUBJECT: Relinquishment of Brieet — Approval of Cooperative Agreement with C
May 11, 2004
Page 2
Caltrans has now requested that the City accept the relinquishment of these frontage
roads and include them as a part of the City street system since they no longer function
as part of the freeway system. Staff has worked with Caltrans to determine the costs to
place the roads in a state of good repair. After many field reviews and meetings,
including a pavement study conducted by Caltrans, the cost to perform the necessary
work was determined to be $750,000. In lieu of performing the work, Caltrans is willing
to pay the City this amount in a lump sum payment after the California Transportation
Commission's (CTC) Resolution of Relinquishment is recorded with the County
Recorder's office. Upon receipt of the funds, the City can then budget for a Capital
Improvement Project to construct those portions of Bristol Street in need of immediate
rehabilitation and place the remaining funds in an account for future maintenance of the
roadway. Construction items used to determine the $ 750,000 included grinding and
paving the streets with rubberized asphalt concrete, re- striping the streets, constructing
curb, gutter and sidewalk in various areas, upgrading ADA ramps, constructing minor
traffic signal improvements, and relocating Caltrans owned fence and irrigation.
According to Caltrans staff, the CTC is scheduled to vote on the programmed funds in
June and take action for relinquishment in August. If approved, the recordation of the
documents would take place in September and subject to the appropriation of funds,
the $750,000 would be sent to the City in October.
Prepared by:
William Patapoff, City Engineer
-1
Attachments: Cooperative Agreement
Resolution No. 2004-
Submitted
;n G. Badum
Works Director
12- ORA -73 KP7.4/9.3(PM4.6/5.8)
SR 73, Bristol Street Frontage Road
From Jamboree Road
to Campus Drive/Irvine Avenue
12208 029301
District Agreement No. 12 -404
COOPERATIVE AGREEMENT
This AGREEMENT, ENTERED INTO EFFECTIVE ON
2004, is between the STATE OF CALIFORNIA, acting by and through its Department of
Transportation, referred to herein as STATE, and
CITY OF NEWPORT BEACH
A body politic and a Municipal
Corporation of the State of
California, referred to herein as
`CITY."
0
RECITALS
AVAgreement No. 12 -404
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 desires to relinquish to CITY that portion of the Northbound and Southbound
Bristol Street Frontage Roads on State Route 73, (SR 73), between Jamboree Road and
Irvine Avenue /Campus Drive, as shown on Exhibit B, attached to and made a part of this
Agreement, and CITY is willing to accept said relinquishment conditioned upon the receipt
of funds allocated as provided hereinbelow.
3. STATE and CITY have negotiated an understanding that, while STATE will continue to
maintain that part of Bristol Street Frontage Roads on SR 73 in a state of good repair until
the date of relinquishment, CITY, for an amount of $750,000 for specific improvements and
betterments in the form of roadway rehabilitation, more particularly described in Exhibit A,
attached hereto and made a part of this Agreement, will accept the relinquishment of the
described portions of these SR 73 frontage roads.
4. STATE and CITY agree on the necessary work to place the Bristol Street Frontage Roads in
a state of good repair and agree that the cost to perform such work is $ 750,000.
5. STATE is willing to pay CITY the agreed amount to perform these improvements in lieu of
STATE performing the pavement rehabilitation on Bristol Street Frontage Roads.
2
Wct Agreement No. 12 -404
6. CITY is willing to accept the said amount as STATE's total responsibility to improve these
portions of the highway for the purpose of relinquishing the Bristol Street Frontage Roads to
CITY.
7. Relinquishment to CITY will occur upon approval by the California Transportation
Commission (CTC) of a resolution of relinquishment and the recording of said resolution in
the County Recorder's Office.
8. The parties hereto desire to define herein the terms and conditions under which
relinquishment is to be accomplished.
SECTION I
CITY AGREES:
1. Execution of this Agreement constitutes CITY's waiver of the ninety (90) days' notice of
"Intention to Relinquish" requirement contained in section 73 of the Streets and'Highways
Code. CITY asserts that the payment of these negotiated funds constitutes an allocation that
is in the best interests of the State of California when so determined by the CTC in its
Resolution of Relinquishment.
2. To submit an invoice in the amount of $750,000, which figure represents the lump sum total
amount of performing the pavement rehabilitation on Bristol Street Frontage Roads, to the
3
9
*ct Agreement No. 12 -404
STATE within thirty (30) days of recordation of the CTC's Resolution of Relinquishment in
the County Recorder's office.
3. CITY agrees 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 full and only payment obligation
for the rehabilitation by CITY of that portion of the highway which will be relinquished by
STATE to CITY.
4. Upon recordation of the CTC's Resolution of Relinquishment in the County Recorder's
Office, CITY agrees to accept ownership, including all rights, title and interest in said
portion of SR73 described in Article 2 of Recitals, and to thereafter operate, maintain and be
liable for said relinquished facility without any additional cost to STATE.
5. To assume the responsibility of determining the pricing and the quantities of the contract
items and to develop the Special Provisions for the contract to rehabilitate of this portion of
SR 73.
6. To assume the responsibility to advertise, award and administer the construction contract to
rehabilitate this portion of SR 73.
SECTION II
0
0
STATE AGREES:
lct Agreement No. 12 -404
1. To recommend that the CTC allocate the negotiated funds in the amount of $750,000 as
part of the CTC's Resolution of Relinquishment to delete this portion of SR 73 from the
State Highway System.
2. To pay CITY that amount allocated by the CTC in its Resolution of Relinquishment which
is determined to be in the best interests of the public. The payment of those CTC allocated
funds by STATE to CITY will represent STATE's final and only payment for the purpose of
this relinquishment.
3. To transfer to CITY, within sixty (60) days of the recordation of the CTC's Resolution of
Relinquishment, all available STATE records and files for the described portions of Bristol
Street Frontage Roads on SR 73 , including, but not limited to, plans, survey data and right
of way information.
4. To provide copies of all existing plans and quantities to CITY for the rehabilitation of the
described portions the Bristol Street Frontage Roads on SR 73
5. Upon proper application by the City and the City Contractor, to issue, at no cost to CITY and
CITY's contractor, the necessary encroachment permits for required 'work within the State
Highway Right of Way.
F
E
DSRfict Agreement No. 12 -404
6. To deposit with CITY, within thirty (30) days of recordation of the CTC's Resolution of
Relinquishment in the County Recorder's office and the receipt of an invoice from the CITY,
the amount of $750,000, which figure represents the lump sum total amount of performing
the pavement rehabilitation on Bristol Street Frontage Roads, subject to the appropriation of
resources by the Legislature and the State Budget Act authority.
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 those
resources by the CTC.
2, Neither STATE nor any officer or employee thereof is responsible for any 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 delegated to CITY under this
Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4,
CITY shall fully defend, indemnify and save harmless the State of California, all officers
and employees from all claims, suits or actions of every name, kind and description brought
for or on account of injury (as defined in Government Code Section 810.8) occurring by
reason of anything done or omitted to be done by CITY under or in connection with any
IN
0 *ct Agreement No. 12 -404
work authority or jurisdiction delegated to CITY under this Agreement once the Resolution
of Relinquishment is filed for recordation.
3. Neither CITY nor any officer or employee thereof is responsible for any 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 delegated to STATE under this
Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4,
STATE shall fully defend, indemnify and save harmless the City of Newport Beach, all
officers and employees from all claims, suits or actions of every name, kind and description
brought for or on account of injury (as defined in Government Code Section 810.8)
occurring by reason of anything done or omitted to be done by STATE under or in
connection with any work authority or jurisdiction delegated to STATE under this
Agreement once the Resolution of Relinquishment is filed for recordation.
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 recording in the County Recorders Office of the
relinquishment resolution for this portion of SR 73, or on December 31, 2005, whichever is
earlier in time except for those provisions which relate to payment, indemnification,
ownership, operation and maintenance which shall remain in effect until terminated or
modified in writing by mutual agreement.
7
STATE OF CALIFORNIA
Department of Transportation
TONY HARRIS
Acting Director of Transportation
By:
ENRIQUE ALONSO
Deputy District Director
Project Delivery
APPROVED AS TO FORM
AND PROCEDURE
Attorney, Department of
Transportation
CERTIFIED AS TO FINANCIAL TERMS
AND CONDITIONS
Accounting Administrator
CERTIFIED AS TO FUNDS
District Budget Manager
0
M
I -ct Agreement No. 12 -404
CITY OF NEWPORT BEACH
Mayor
Attest:
City Clerk
APPROVED AS TO FORM
AND PROCEDURE
City Attorney
Act Agreement No. 12 -404
EXHIBIT A
COSTS OF REHABILITATION
BRISTOL STREET RELINQUISHMENT
ITEMS COST
ROADWAY $564,000
MOBILIZATION, 10% $56,400
SUBTOTAL $620,400
CONTINGENCY, 5% $31,020
CONSTRUCTION TOTAL $651,420
CONSTRUCTION MANAGEMENT, 15% . $97,773
GRAND TOTAL $749,133
(CALL $750,000)
9 Act Agreement No. 12 -404
12- ORA -73 KP 7.4/9.3 (PM 4.6/5.8)
Route 73, Bristol Street Relinquishment
12208 - 023901
March 10, 2004
EXHIBIT B
10
0 0
RESOLUTION NO. 2004 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, AGREEING WITH THE
REQUEST OF THE STATE OF CALIFORNIA TO RELINQUISH
THE RIGHT -OF -WAY FOR NORTHBOUND AND SOUTHBOUND
BRISTOL STREET FRONTAGE ROADS ON STATE ROUTE 73
BETWEEN JAMBOREE ROAD AND IRVINE AVENUE /CAMPUS
DRIVE
WHEREAS, the City of Newport Beach ( "City') agrees with the State of
California ( "State ") to relinquish the right -of -way for Northbound and Southbound
Bristol Street Frontage Roads on State Route 73 (SR73) between Jamboree Road
and Irvine Avenue/ Campus Drive to the City of Newport Beach ( "City"); and
WHEREAS, pursuant to State law, the California Transportation
Commission ( "CTC "), upon request from the State Department of Transportation
( "Caltrans "), may relinquish any portion of State highways and Caltrans, District 12
has indicated a willingness to recommend to the CTC that the right -of -way for that
portion of Northbound and Southbound Bristol Street Frontage Roads of SR73 be
relinquished to the City; and
WHEREAS, the City desires to enter into a Cooperative Agreement with
Caltrans in accordance with Section 2.52 of the Caltrans Cooperative Agreement
Manual to more specifically define the precise boundary, terms, and conditions
under which relinquishment will be recommended to the CTC.
NOW, THEREFORE, The City Council of the City of Newport Beach, does
hereby resolve, determine and order as follows:
1. The City Council of the City hereby agrees that Caltrans, District 12 initiate
the process to relinquish those portions of the right -of -way for Bristol Street
Frontage Roads of SR73 between Jamboree Road and Irvine
Avenue /Campus Drive.
2. The City Council of the City requests that a precise legal description of the
area to be relinquished be developed through a joint effort of the City and
State and included in a cooperative agreement to be executed by City and
State.
3. The City Council of the City hereby acknowledges that it is willing to accept
such relinquishment and hereby consents to initiation of relinquishment.
71
4. The City Council of the City hereby expresses its willingness to enter into a
cooperative agreement, substantially in the form set forth in the Caltrans
Cooperative Manual (Form G -1) to more specifically define the precise
boundary, terms and conditions under which relinquishment will be
recommended to the CTC.
5. The City Council of the City waives the ninety-day (90) Notice of Intention to
Relinquish requirement contained in Section 73 of the Streets and Highways
Code.
Adopted this 11th day of May, 2004
Mayor
for the City of Newport Beach
ATTEST:
City Clerk
FAUSE RS1PBW ShareMResolutionslBristol- Relinquishment.doc
�q
9 9
RESOLUTION NO. 2004-38
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, AGREEING WITH THE
REQUEST OF THE STATE OF CALIFORNIA TO RELINQUISH
THE RIGHT -OF -WAY FOR NORTHBOUND AND SOUTHBOUND
BRISTOL STREET FRONTAGE ROADS ON STATE ROUTE 73
BETWEEN JAMBOREE ROAD AND IRVINE AVENUE /CAMPUS
DRIVE
WHEREAS, the City of Newport Beach ( "City ") agrees with the State of
California ( "State ") to relinquish the right -of -way for Northbound and Southbound
Bristol Street Frontage Roads on State Route 73 (SR73) between Jamboree Road
and Irvine Avenue/ Campus Drive to the City of Newport Beach ( "City"); and
WHEREAS, pursuant to State law, the California Transportation
Commission ( "CTC "), upon request from the State Department of Transportation
( "Caltrans "), may relinquish any portion of State highways and Caltrans, District 12
has indicated a willingness to recommend to the CTC that the right -of -way for that
portion of Northbound and Southbound Bristol Street Frontage Roads of SR73 be
relinquished to the City; and
WHEREAS, the City desires to enter into a Cooperative Agreement with
Caltrans in accordance with Section 2.52 of the Caltrans Cooperative Agreement
Manual to more specifically define the precise boundary, terms, and conditions
under which relinquishment will be recommended to the CTC.
NOW, THEREFORE, The City Council of the City of Newport Beach, does
hereby resolve, determine and order as follows:
1. The City Council of the City hereby agrees that Caltrans, District 12 initiate
the process to relinquish those portions of the right -of -way for Bristol Street
Frontage Roads of SR73 between Jamboree Road and Irvine
Avenue /Campus Drive.
2. The City Council of the City requests that a precise legal description of the
area to be relinquished be developed through a joint effort of the City and
State and included in a cooperative agreement to be executed by City and
State.
3. The City Council of the City hereby acknowledges that it is willing to accept
such relinquishment and hereby consents to initiation of relinquishment.
i i
4. The City Council of the City hereby expresses its willingness to enter into a
cooperative agreement, substantially in the form set forth in the Caltrans
Cooperative Manual (Form G -1) to more specifically define the precise
boundary, terms and conditions under which relinquishment will be
recommended to the CTC.
5. The City Council of the City waives the ninety -day (90) Notice of Intention to
Relinquish requirement contained in Section 73 of the Streets and Highways
Code.
Adopted this 11 th day of May, 2004.
9ayor
ATTEST:
AM
CADocurnents and SettingsMharklessUcal Settings7ernporary Internet Files\OLKB \Bristol- Relinguishment.doc
0 s
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
resolution, being Resolution No. 2004 -38 was duly and regularly introduced before and adopted by
the City Council of said City at a regular meeting of said Council, duly and regularly held on the
11th day of May, 2004, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Heffernan, Rosansky, Adams, Bromberg, Nichols, Mayor Ridgeway
Noes: None
Absent: Webb
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 12th day of May, 2004.
(Seal)
City Clerk
Newport Beach, California