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HomeMy WebLinkAbout04429 - DEPT OF TRANSP TUMF INDIAN AVE INTERCHANGE Kathie Hart From: Marcus Fuller Sent: Saturday,January 30, 2016 3:14 PM To: Kathie Hart;Savat Khamphou; Gianfranco Laurie;Carrie Rovney Cc: Tabitha Richards Subject: RE:A4�State of CA(Indian Ave& 1-10 design, co-op agreement) yes \ Marcus L. Fuller, MPA, PE, PLS } Assistant City Manager/City Engineer City of Palm Springs 1 �� ✓/ > V A 3200 E. Tahquitz Canyon Way CALIFQItFtIA Palm Springs, CA 92262 (760) 322-8380 Like no place else.' Marcus.FullerCcDpalmspringsca.ciov From: Kathie Hart Sent: Thursday, January 21, 2016 4:42 PM To: Savat Khamphou; Gianfranco Laurie; Carrie Rovney Cc: Marcus Fuller; Tabitha Richards Subject: A4429 - State of CA (Indian Ave&I-10 design, co-op agreement) Ok to close this agreement file? 10-03-2007, AGENDA ITEM MO. 2.L. AMENDMENT NO.2 TO AGREEMENT NO. A4429, A COOPERATIVE AGREEMENT WITH CALTRANS FOR THE INDIAN CANYON DRIVE/INTERSTATE 10 INTERCHANGE WIDENING PROJECT, CITY PROJECT 00-14: ACTION: 1) Approve Amendment No.2 to Agreement No. A4429 (Caltrans Agreement No. 8-1165), a Cooperative Agreement with the California Department of Transportation (Caltrans) for the Indian Canyon Drive/Interstate 10 Interchange Widening Project (City Project No. 00- 14); and 2) Authorize the City Manager to execute all necessary documents. A4429. Motion Councilmember Mills, seconded by Mayor Pro Tern Pougnet and unanimously carried on a roll call vote. e I Kathie Hart, MMC Chief Deputy City Clerk f )X �14 ,� �t ' CALIFaar�rx t;tg�p6co vs":., City of Palm Springs '^" (760)323-8206 3200 E. Tahquitz Canyon Way _ (760) 322-8332 1 RECORDING REQUESTED BY When Recorded Mail To STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION 464 W.4" STREET,6� FLOOR SAN BERNARDINO,CA 92401-1400 Attention C.Camarillo—MS 650 FREE RECORDING: This instrument is for the benefit of The State of California,and is entitled to be recorded without fee or tax.(Govt.Code 6103,27383 and Rev.& Tax Code 11922) Space above this line for Recorder's Use �� GRANT DEED District County Route ]--Posti Number (CORPORATION) 08 RIV 1 10 32.73 20553 City of Palm Springs, a municipal corporation, does hereby GRANT to the STATE OF CALIFORNIA all that real property in the County of Riverside, State of California, described as: See Attached Exhibit"A" And depicted as: See Attached Exhibit'B" e j'r 5'�3S�RI E) 08-RIV-10-PM 32.73-20553 (20553-1) Form RW 6-1(D)(Revised 01/08) Number 20553-1 IN WITNESS WHEREOF, said corporation has caused its corporate name to be hereunto subscribed and its corporate seal to be affixed hereto, this ' day of J , 20y3_. CITY OF PALM SPRINGS, a municipal corporation 7 ATTEST: B David H. Ready, City M n James Thompson, City Clerk [CORPORATE SEAL] APPROVED BY CITY COUNCIL 10 1 & A IAA State of California l ACKNOWLEDGMENT ? SS County of (Rwe; ,de- ))) OnJor=.4 a 3 before me, n' C. mb n„J ,,r. n, ht c (here insert me nd title of the officer) personally appeared U A J i d 4 ze 1 who proved to me on the basis of satisfactory evidence to be the person(e)whose name(&) is/are-subscribed to the within instrument and acknowledged to me that he/5heAl4ey executed the same in his/1499 "irauthorized capacity Oes� and that by hisAerAhi*signature(s)on the instrument the person(e) or the entity upon behalf of which the person(&)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. B.OTAW WITNESS my hand and official seal. COMNS on 119B1163 Rmw��� Nfty pAk-CNMmm Signature 20 C_.a r (Seal) THIS IS TO CERTIFY, That the State of California, acting by and through the Department of Transportation (pursuant to Government Code Section 27281), hereby accepts for public purposes the real property described in the within deed and consents to the recordation thereof. IN WITNESS WHEREOF, I have hereunto set my hand this day of ,20_ Malcom Dougherty Director of Transportation By Attorney in Fact Form RW 6-1(D)(Revised 01/08) Exhibit"A" PARCEL 20553-1 That portion of Parcel 10 of Parcel Map 21921 in the City of Palm Springs, County of Riverside, State of California, as shown by map on file in Book 162 Pages 18-23 inclusive of Parcel Maps, in the Office of the County Recorder of said County, more particularly described as follows: BEGINNING at the Northwesterly corner of said Parcel thence (1) along the Northerly line of said Parcel and the Southerly Caltrans Right-of-Way line as shown on State Highway Right-of-Way Map of State Road 8-RIV-10, on file in the Riverside County Surveyor's office as filed map number 204-483 South 89037'23" East, 57.953 meters to the Northeast corner of said Parcel; thence (2) leaving said Right-of-Way line along the Easterly line of said lot South 16022'08" West, 7.452 meters; thence (3) leaving said Easterly line North 84044'33" West, 56.534 meters to a point in the Westerly line of said Parcel; thence (4) along said Westerly line North 10042'15" East, 2.393 meters to the POINT OF BEGINNING. This conveyance is made for the purpose of a freeway and the grantor hereby releases and relinquishes to the grantee any and all abutter's rights of access appurtenant to grantor's remaining property, in and to said freeway. The bearings and distances used in the above descriptions are on the California Coordinate System of 1983, Zone 6. To convert meters to the U.S. Survey Foot, multiply distances by 3937/1200. 08-RIV-10-PM 32.73-20553 (20553-1) Page 1 of 2 Area = 274.919 sq. meters, 0.0275 hectares fl't2�GVt✓f �/lTMiti+�wl fo�/0�20/D Michael A. Havener, PLS 7354 Date Exp. 12-31-11 \,pND SUNG (p No.7354 9TFOF CpI 08-RIV-10-PM 32.73-20553 (20553-1) Page 2 of 2 EXHIBIT " B " P.0.8. INTfr-.r387A7r 10 PREVIOUS CALTRANS R/W N.W. COR.\ (CS MAP 204-483) & ACCESS CONTROL PAR. 10 \\ r S 893T23' E 57.953 m -� S 16 22 W N 84444, W 7,452452 m 56.534 m / b N' NEW CALTRANS 205 3-1 ,. CR/WON AND ACCESS CON APPROXIMATE LOCATION OF-- z CONTROL LINE AS SHOWN ON ASSESSOR SHEET 666-33 PAr�, 11 P.1�1J. Jn�ll�- � PAR, 10 APN 666-330-064 PAR, 9 LEGEND STATE RIGHT-OF-WAY ACQUISITION AREA = 274.9 SO. METERS (0.0275 HECTARES) TT ACCESS PROHIBITED PREVIOUS ACCESS CONTROL P.O.B. POINT OF BEGINNING R/W RIGHT-OF-WAY E Ryw Pk I INC pER LAND A SVRG o GARNE p01 /iP ` ` A M 16? a _ T * EXP. 31 DEC 11 � PG RfCOA�� P ��ER SK OF CA1 FO��\e �12g DISTANCES ARE IN METERS UNLESS aTY P 'N PAR. NO. : 20553-1 OTHERWISE NOTED. MULTIPLY DISTANCES GS BY 0.99997406 TO OBTAIN GROUND PREPARED BY: KA/MH LEVEL DISTANCES. TO CONVERT METERS PROJECT: I-10/INDIAN AVENUE INTERCHANGE SCALE: NOT TO SCALE TO U.S. SURVEY FOOT MULTIPLY DISTANCES BY 3937/1200. DATE: 6-10-10 ISHEET 1 OF 1 MEET RECORDING REQUESTED BY When Recorded Mail To STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION 464 W.4'STREET,60 FLOOR SAN BERNARDINO,CA 92401-1400 - Attention C.Camarillo—MS 650 FREE RECORDING: This instrument is for the benefit of The State of California,and is entitled to be recorded without fee or tax.(Govt.Code 6103,27383 and Rev.& Tax Code 11922) Space above this line for Recorder's Use GRANT DEED District County Route Post Number (CORPORATION) 08 RIV 10 32.78 20555 City of Palm Springs, a municipal corporation, does hereby GRANT to the STATE OF CALIFORNIA all that real property in the County of Riverside, State of California, described as: See Attached Exhibit"A" And depicted as: See Attached Exhibit"B" Q 08-RIV-10-PM 32.78-20555 (20555-1) Form RW Cs�T 1(D)(Reyises�/�) Number 20555-1 IN WITNESS WHEREOF, said corporation has caused its corporate name to be hereunto subscribed and its corporate seal to be affixed hereto, this - 11 day of A n....c:.� 20 y3 CITY OF PALM SPRINGS, a municipal corporation B David H. Ready, Cit41a ger�� ATTEST: APP111ED BY CITY COU11CIL By' times Thompson, City Clerk -oil aL NAn - [CORPORATE SEAL] State of California l ACKNOWLEDGMENT )} SS County of 4 ,d e jsL On,�2r%,Aoq before me, &TY Co," . nak:g- [�,. 6 11, (herein rt me and title of the officer) personally appeared 17)r ) k (Le ., who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/aFesubscribed to the within instrument and acknowledged to me that he{sJ aAheyexecuted the same in hisAaeRW;&authorized capacity(ss), and that by hisA arAheirsignature(s)on the instrument the person(&),or the entity upon behalf of which the person(&)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. �r WITNES S,ayh�and official Q oe V 1981163 Signature (Seal) C am 17 am THIS IS TO CERTIFY, That the State of California, acting by and through the Department of Transportation (pursuant to Government Code Section 27281), hereby accepts for public purposes the real property described in the within deed and consents to the recordation thereof. IN WITNESS WHEREOF, I have hereunto set my hand this day of 20_ Malcom Dougherty Director of Transportation By Attorney in Fact Fonn RW 6-1(D)(Revised 01/08) Exhibit "A" PARCEL 20555-1 That portion of the North Half of the Northeast Quarter of Section 22, and that portion of the Southeast quarter of Section 15, Township 3 South, Range 4 East, San Bernardino Base and Meridian, in the City of Palm Springs, County of Riverside, State of California, more particularly described as follows: COMMENCING at the Southwest comer of Parcel 5 of Parcel Map 21921 in the City of Palm Springs, County of Riverside, State of California, as shown by map on file in Book 162 Pages 18-23 inclusive of Parcel Maps, in the Office of the County Recorder of said County; thence along the Southwesterly line of said Parcel and the Northeasterly Right-of-Way line of Garnet Avenue (13.411 meters Northeasterly, as measured at right angles from centerline) South 76008'20" East, 27.756 meters; thence leaving said Southwesterly line and said Northeasterly Right-of-Way line South 13°50'52" West, 18.745 meters to a point on the Southwesterly Right-of-Way line of Garnet Avenue and the TRUE POINT OF BEGINNING; thence (1) along said Southwesterly Right-of-Way line North 76008'20"West, 138.280 meters; thence (2) leaving said Southwesterly Right- of-Way line South 13050'52" West, 12.707 meters; thence (3) South 75054'30" East, 138.281 meters; thence (4) North 13050'52" East, 13.263 meters to the TRUE POINT OF BEGINNING. This conveyance is made for the purpose of a freeway and the grantor hereby releases and relinquishes to the grantee any and all abutter's rights of access appurtenant to grantor's remaining property, in and to said freeway, over and across course (3), and the southerly 8.000 meters of courses (2) and (4) hereinabove described. 08-RIV-10-PM 32.78-20555 (20555-1) Page 1 of 2 The bearings and distances used in the above descriptions are on the California Coordinate System of 1983, Zone 6. To convert meters to the U.S. Survey Foot, multiply distances by 3937/1200. Area = 1795.568 sq. meters, 0.1796 hectares It IV4-� &l/0z"10 Michael A. Havener, PLS 7354 Date Exp. 12-31-11 �Q V,A. SUQ A.Nq`cFyLF�' `' g Exp.1?J37h1� J, No.7354 9TFOF CA��F�� 08-RIV-10-PM 32.78-20555 (20555-1) Page 2 of 2 EXHIBIT " B " 1N EyTRSTA7E� 10 (CS MAP 204-483) PAR. 12 � �`� PAR. 9 P.M. 162/ 18 23 M M. 62/18- 23 PAR. 4 � �AR. 8 J PAR. 6 PAR. 5 P.M. 162/ 18- 23 J C A�EIYUf PAR. 3 J r J PAR. 666-33D-008 2 T J r C, 2 2 PAR. 13 FAR. i 2 5-1 669-060-004 LOT 'B' I LOT I Nr 1/4 SEC, 22 RECL NE92-01998 r, 3 & F9, 4 �P, 2INST. 0. S,B,M, I i I I I LAND LEGEND S�R�F STATE RIGHT-OF-WAY ACQUISITION . dy� AREA = 1,795.6 SQ. METERS (0.1796 HECTARES) -T-FT-FT-FT ACCESS PROHIBITED EXP. 31 DEC 11 P.Q.C. POINT OF COMMENCEMENT sr9 po 73 TP.O.B. TRUE POINT OF BEGINNING CA01 R/W RIGHT-OF-WAY DISTANCES ARE IN METERS UNLESS CITY OF PALM SPRINGS PAR. NO. 20555--1 OTHERWISE NOTED. MULTIPLY DISTANCES BY 1.00002594 TO OBTAIN GROUND PREPARED BY: KA/MH LEVEL DISTANCES. TO CONVERT METERS PROJECT• 1-10/INDIAN AVENUE INTERCHANGE SCALE: NOT TO SCALE TO U.S. SURVEY FOOT MULTIPLY DISTANCES BY 3937/1200. DATE:6-10-10 ISHEET 1 OF 2 SHEETS T~ cc `r"AriI O PM 162/18-23 PAF1 6 �F O E`ER P,N 162118_23 a P.O.C. S.W. COR. LOT +H. pfR pM 16 � ` c PAR. 5 PER PPA( 162/18, 2/ A`231` LOT ?3 ARN F P,N 162/18 R 12707Om52+ W N 76 '?0 �� M A ` S2i 562 'f ?3 C 7 2) W C 1�2 m . � �� 1/i� 6 r F SK (60) R c 1 AUG 6 1957 p R C R l 666-330-008280 rn T.P.0.8. C3'-'C, S 75' 30• _ f 2 55-1 13263 ) lk281 N 13'0'S2. ^� .3 F l RSf 3) � 669-060-004 �I ,,II H NEB J/4 J�C, 22 r, 3 3, R, 4 r, 3,B,IV], DISTANCES ARE IN METERS UNLESS CITY OF PALM SPRINGSPAR. NO. : 20555-1 OTHERWISE NOTED. MULTIPLY DISTANCES BY 1.00002594 TO OBTAIN GROUND PREPARED BY: KA/MH LEVEL DISTANCES. TO CONVERT METERS PROJECT: 1-10/INDIAN AVENUE INTERCHANGE SCALE: NOT TO SCALE TO U.S. SURVEY FOOT MULTIPLY DISTANCES BY 3937/1200. DATE:6-10-IO SHEET 2 OF 2 SHEETS RECORDING REQUESTED BY When Recorded Mail To STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION 464 W.4"STREET,6'FLOOR SAN BERNARDINO,CA 92401-1400 Attention C.Camarillo—MS 650 FREE RECORDING: This instrument is for the benefit of The State of California,and is entitled to be recorded without fee or tax.(Govt.Code 6103,27383 and Rev.& Tax Code 11922) Space above this line for Recorder's Use GRANT DEED District County Route Post Number (CORPORATION) 08 RIV 10 33.06 20556 City of Palm Springs, a municipal corporation, does hereby GRANT to the STATE OF CALIFORNIA all that real property in the County of Riverside, State of California, described as: See Attached Exhibit"A" And depicted as: See Attached Exhibit"B" 08-RIV-10-PM 33.06-20556 (20556-1) Form RW 6-1(D)(Revised 01/08) Number 20556-1 IN WITNESS WHEREOF, said corporation has caused its corporate name to be hereunto subscribed and its corporate seal to be affixed hereto, this -;:�e day of j c� , 20 1-,, . CITY OF PALM SPRINGS, a municipal corporation 7 B David H. Ready, City Man ATTEST: /✓!"%' APPROVED BY CITY COUNM By. -P --- o.9d-01 me Thompson, City Clerk [CORPORATE SEAL] State of California ) ACKNOWLEDGMENT J} ss County of ,I" �,e � On before before me, � n �ti,r - �(b re i�name and Ede of the officer) personally appeared i A I F mad v who proved to me on the basis of satisfactory evidence to be the person(&)whose name(o)is/are_subscribed to the within instrument and acknowledged to me that he/sueexecuted the same in his/heA4hAiF authorized capacity oes} and that by hisAm*4heir signatures)on the instrument the person(.&), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. OTAW WITNESS my hand and official seal. t o es 1Nmaw /1(' Covey Signature I�- � '( .i;-..-mot/ (Seal) THIS IS TO CERTIFY, That the State of California, acting by and through the Department of Transportation (pursuant to Government Code Section 27281), hereby accepts for public purposes the real property described in the within deed and Consents to the recordation thereof. IN WITNESS WHEREOF, I have hereunto set my hand this day of 20_ Malcom Dougherty Director of Transportation By Attorney in Fact Form RW 6-1(D)(Revised 01/08) Exhibit "A" PARCEL 20556-1 That portion of Parcel 2 of Parcel Map 21921 in the City of Palm Springs, County of Riverside, State of California, as shown by map on file in Book 162 Pages 18- 23 inclusive of Parcel Maps, in the Office of the County Recorder of said County, more particularly described as follows: BEGINNING at the Northeasterly comer of said Parcel, said point also being on the Southerly Caltrans Right-of-Way line as shown on State Highway Right of Way Map of State Road 8-RIV-10, on file in the Riverside County Surveyor's Office as filed map number 204-483; thence (1) along the Easterly line of said Parcel and the Westerly Right-of-Way line of Indian Avenue (16.764 meters Westerly, as measured at right angles from centerline, as shown on said Parcel Map) South 00023'14"West, 39.558 meters; thence (2) leaving said Easterly line and said Westerly Right-of-Way line North 89038'41" West, 0.645 meters; thence (3) North 00023'14" East, 39.833 meters to a point in said Caltrans Right-of-Way line and the Northerly line of said Parcel; thence (4) along said Caltrans Right-of-Way line and said Northerly line South 66037'25" East, 0.701 meters to the POINT OF BEGINNING. This conveyance is made for the purpose of a freeway and the grantor hereby releases and relinquishes to the grantee any and all abutter's rights of access appurtenant to grantor's remaining property, in and to said freeway, over and across course (3) hereinabove described. 08-RIV-10-PM 33.06-20556 (20556-1) Page 1 of 2 The bearings and distances used in the above descriptions are on the California Coordinate System of 1983, Zone 6. To convert meters to the U.S. Survey Foot, multiply distances by 3937/1200. Area = 25.618 sq. meters, 0.0026 hectares //-0L2 ,o Michael A. Havener, PLS 7354 Date Exp. 12-31-11 0 VAN D SU a g � �p,12f31/1�� s N0.7364 Q �9TFOf CAS-�F��Z 08-RIV-10-PM 33.06-20556 (20556-1) Page 2 of 2 EXHIBIT " B %-AND SU EXP. 31 DEC 11 H0. 735R or CAt %F� APPROXIMATE LOCATION OF yo LINE AS SHOWN ON ASSESSOR MEET 666-33 I � I v r 666-330-061 PAR, rA?; I 1 205 - 666-33D-044 PA JS2/ 13J 23 SEC 1 SEC 22 1514 2223 Gq PAF,, 13 11 Ara. -1W RNET 666-31 0-062 Z J T 030 UE L,L,A, 98-OJ Q R8C JJNr 22o 1993 1NST, No, Q LEGEND z C� STATE RIGHT-OF-WAY ACQUISITION `J AREA = 25.6 SQ. METERS (0.DO26 HECTARES) �r ACCESS PROHIBITED T =TC PREVIOUS ACCESS CONTRA P.O.B. POINT OF BEGINNING R/W RIGHT-OF-WAY DISTANCES ARE IN METERS UNLESS CITY PALM SPRINGS PAR. NO. : 20556-1 OTHERWISE NOTED. MULTIPLY DISTANCES BY 1.00002594 TO OBTAIN GROUND PREPARED BY: KA/MH LEVEL DISTANCES. TO CONVERT METERS PRO ECT: 1-10/INDIAN AVENUE INTERCHANGE SCALE: NOT TO SCALE TO U.S. SURVEY FOOT MULTIPLY DISTANCES BY 3937/1200. DATE:6-10-10 ISHEET 1 OF 2 SHEETS $ 11�17r;iS rA7r 10 663�?S, (CS MAP 204-483) P.O.B. N.E.r PAR. 2 _I I E E PAFi, 2 M co CA— M M 0 -1 Of 16.764 m 666-330-081 fh' C W # e , p� M O O N O oa I I — -— —————— —D 0.645 m R/W PER z N 89'38'41' W PM 162/18-23 PAJ--.i� 1 4.572 mI Q5 - - - - _ _ _ 16 -14 666-330-082 2223 QZ PM8 162/ R23 z DISTANCES ARE IN METERS UNLESS (�'(� PALM SPRINGS PAR. NO. : 20556-1 OTHERWISE NOTED. MULTIPLY DISTANCES BY 1.00002594 TO OBTAIN GROUND PREPARED BY: KA/MH LEVEL DISTANCES. TO CONVERT METERS PROJECT: I-10/INDIAN AVENUE INTERCHANGE SCALE: NOT TO SCALE TO U.S. SURVEY FOOT MULTIPLY DISTANCES BY 3937/1200. DA7E.6-10-10 ISHEET 2 OF 2 SHEETS RECORDING REQUESTED BY When Recorded Mail To STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION 464 W.4'STREET,a FLOOR SAN BERNARDINO,CA 92401-1400 Attention C.Camarillo—MS 650 FREE RECORDING: This instrument is for the benefit of The State of California,and is entitled to be recorded without fee or tax.(Govt.Code 6103,27383 and Rev.& Tax Code 11922) p /� Space above this line for Recorder's Use GRANT District Count NT DEED Route Post Number (CORPORATION) 08 RIV 10 33.33 20557 City of Palm Springs, a municipal corporation, does hereby GRANT to the STATE OF CALIFORNIA all that real property in the County of Riverside, State of California, described as: See Attached Exhibit"A" And depicted as: See Attached Exhibit"B" 08-RIV-10-PM 33.33-20557 (20557-1) Form RW 6-1(D)(Revised 01/08) Number 20557-1 IN WITNESS WHEREOF, said corporation has caused its corporate name to be hereunto subscribed and its corporate seal to be affixed hereto, this :,t day of 11 c:�116:.1, , 201�,_. CITY OF PALM SPRINGS, a municipal corporation B 2. David H. Ready, ager--a �ATTEST: AocRn'7 By. ames Thompson, City Clerk [CORPORATE SEAL] State of California l ACKNOWLEDGMENT J} ss Countyof a ,vers,de On, dc.,3 before me, 6 C,� bn«6t c . (here i ert n me and We of the officer) personally appeared_ ,w r',d to (fin A„ who proved to me on the basis of satisfactory evidence to be the person(&)whose name(4is/araeubscribed to the within instrument and acknowledged to me that he/sh"4hey-executed the same in his/#wAhak-authorized capacity(ies), and that by his/Aer/theiFsignature(s)on the instrument the person(e), or the entity upon behalf of which the persons)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. e. WITNESS my hand and official seal. CosrN,wNep•1Y611q IMWy PaIYC-CiMNtNt Signature ( � !� (Seal) ti1w1NYCMMIM THIS IS TO CERTIFY, That the State of California, acting by and through the Department of Transportation (pursuant to Government Code Section 27281), hereby accepts for public purposes the real property described in the within deed and consents to the recordation thereof. IN WITNESS WHEREOF, I have hereunto set my hand this day of 20_ Malcom Dougherty Director of Transportation By Attorney in Fact Form RW 6-1(D)(Revised 01/08) Exhibit"A" PARCEL 20557-1 That portion of the West half of Section 14, Township 3 South, Range 4 East, San Bernardino Base and Meridian, in the City of Palm Springs, County of Riverside, State of California, as shown by United States Government Survey, approved February 29, 1856 more particularly described as follows: COMMENCING at a point in the center line of Indian Avenue (also being the West line of said section 14), distant along said center line South 0023'14" West, 178.114 meters from the intersection of Indian Avenue with Caltrans "D1" line as shown on State Highway Right of Way Maps of State Road 8-RIV-10, on file in the Riverside County Surveyor's Office as filed map number 204-484; thence South 89038'46" East, 12.192 meters to the Easterly Right-of-Way line of said Indian Avenue and a point in the Southerly Caltrans Right-of-Way line as shown on Said map number 204-484, said point designated as "40' RT. 158+75.05 CL Ind. Av." on said map and being the TRUE POINT OF BEGINNING; thence (1) leaving said Easterly Right-of-Way line of Indian Avenue and along said Caltrans Right-of-Way line North 46054'21" East, 16.817 meters; thence (2) leaving said Caltrans Right-of-Way line South 00021" 9"West, 27.185 meters; thence (3) North 89038'41" West, 12.217 meters to a point in said R' Easterly Right-of-Way line of Indian Avenue; thence (4) along said Easterly Right-of-Way line North 00023'14" East, 15.620 meters to the TRUE POINT OF BEGINNING. 08-RIV-10-PM 33.33-20557 (20557-1) Page 1 of 2 This conveyance is made for the purpose of a freeway and the grantor hereby releases and relinquishes to the grantee any and all abutter's rights of access appurtenant to grantor's remaining property, in and to said freeway, over and across course (2) and the easterly 7.645 meters of course (3) hereinabove described. The bearings and distances used in the above descriptions are on the California Coordinate System of 1983, Zone 6. To convert meters to the U.S. Survey Foot, multiply distances by 3937/1200. Area = 261.357 sq. meters, 0.0261 hectares Michael A. Havener, PLS 7354 Date Exp. 12-31-11 Q�AND S�j Wo.7954 Q N9T�oF CA��F�Q� 08-RIV-10-PM 33.33-20557 (20557-1) Page 2 of 2 EXHIBIT " B " STA 100+85.617 'D1'= TABULATED LINE DATA 50+16.835 INDIAN AVE. LINE BEARING LENGTH INTERSECTION OF INDIAN L1 I N 89'38141' W 12.217 m AVENUE CENTERLINE WITH L2 I N 00'23'14' E 15.620 m CA1rRS CALTRANS 'D1' LINE PER 'bl' UN CS MAP 204-482, -483, AND -484 INTERSTATE 10 (CS MAP 204-484) n 'k, F v w E 6�1 N m cn ra- 20557-1 fcn PAR, I o ^ APN 666-370-025 �, A3-03 am �" �' HEC, AUGUST 31, 1998 _� L1 JN3T, NO, 363379 OA, ad (COURSE 3) 16 14 -`l' 2 3Q16..764 SECTION LINE PAT?, 1 c-aj 0 R/W PER INSTR. NO. LL,A, 94-07 479809_Z 1998 O,REC. NOV. 4, R E G Dd E C✓ 30, 1994 LEGEND JN37. NO, 433887 O,R, STATE RIGHT-OF-WAY ACQUISITION AREA AREA = 261.4 SQ. METERS (0.0261 HECTARES) p LAAND SURk Tr ACCESS PROHIBITED " F�0 " C PREVIOUS ACCESS CONTROL /1 P.O.C. POINT OF COMMENCEMENT * EXP. 31 DEC 11 T.P.O.S. TRUE POINT OF BEGINNING �y�ppF CA1.1F�a, R/W RIGHT-OF-WAY DISTANCES ARE IN METERS UNLESS qTY OF PALM BRINGS PAR. NO. : 20557-1 OTHERWISE NOTED. MULTIPLY DISTANCES BY 1.00002594 TO OBTAIN GROUND PREPARED BY; KA/MH LEVEL DISTANCES. TO CONVERT METERS PROJECT: 1-10/INDIAN AVENUE INTERCHANGE SCALE: NOT TO SCALE TO U.S. SURVEY FOOT MULTIPLY DISTANCES BY 3937/1200. DATE: 6-1D-10 ISHEET 1 OF 1 SHEET RECORDING REQUESTED BY When Recorded Mail To STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION 464 W.4"'STREET,e FLOOR SAN BERNARDINO,CA 92401-1400 Attention C.Camarillo—MS 650 FREE RECORDING: This instrument is for the benefit of The State of California,and is entitled to be recorded without fee or tax.(Govt.Code 6103,27383 and Rev.& Tax Code 11922) Space above this line for Recorder's Use GRANT DEED District County Route Post Number (CORPORATION) 08 RIV 10 32.89 21502 City of Palm Springs, a municipal corporation, does hereby GRANT to the STATE OF CALIFORNIA all that real property in the County of Riverside, State of California, described as: See Attached Exhibit"A" And depicted as: See Attached Exhibit"B" 08-RIV-10-PM 32.89-21502 (21502-1) (Seer. 16-T3q-RtW� 08-RIV-10-PM 32.89-21502 (21502-01-01) Form RW 6-1(D)(Revised 01108) Number 21502-01 21502-01-01 IN WITNESS WHEREOF, said cooration has caused its corporate name to be hereunto subscribed and its corporate seal to be affixed hereto, this 3 IT day of l e� , 20-L-L. CITY OF PALM SPRINGS,, a�municipal corporation ATTEST: W David H. Ready, Ci pager' APPROVED BY CITY COUNCIL By: 2 ames Thompson, City Clerk �U''0 ' a L A 0i�� [CORPORATE SEAL] State of California l ACKNOWLEDGMENT )} SS Countyof R ruers dL Pl>-D On &AtAar 3 before me, (h insert name and title of the o ice�� personally appeared 1)n j 1 c1 14 who proved to me on the basis of satisfactory evidence to be the person(s)whose name(&) ist mesubscribed to the within instrument and acknowledged to me that heA&haAhe*executed the same in his/HeAHaeiFauthorized capacity(ies), and that by hisAieAheiF signature(&)on the instrument the person(&), or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. -- - - - - - - - - - - - 9.WCAMB WITNESS my hand and official seal. C • 1961163 N@Wy PA k•CitNlan4 NilwrtlA C&AV Signature �' [r 1r (Seal) 17 THIS IS TO CERTIFY, That the State of California, acting by and through the Department of Transportation (pursuant to Government Code Section 27281), hereby accepts for public purposes the real property described in the within deed and consents to the recordation thereof. IN WITNESS WHEREOF, I have hereunto set my hand this day of 20_ Malcom Dougherty Director of Transportation By Attorney in Fact Form RW 6-1(D)(Revised 01/08) Exhibit "A" PARCEL 21502-1 That portion of Parcels 5 and 6 of Parcel Map 21921 in the City of Palm Springs, County of Riverside, State of California, as shown by map on file in Book 162 Pages 18-23 inclusive of Parcel Maps, in the Office of the County Recorder of said County, more particularly described as follows: BEGINNING at the Northwest comer of said Parcel 6; thence (1) along the Northerly line of said Parcels 5 and 6, and the Southerly Caltrans Right-of-Way line as shown on State Highway Right-of-Way Map of State Road 8-RIV-10, on file in the Riverside County Surveyor's office as filed map number 204-483, South 84044'56" East, 98.195 meters to the beginning of a tangent 595.580 meter radius curve to the right; thence (2) continuing along said Northerly line of Parcel 5, and said Right-of-Way line, along said curve, through a central angle of 5041'36", an arc length of 59.181 meters; thence (3) leaving said Northerly line and said Right-of-Way line from a tangent which bears North 71°40'42" East, Southwesterly along a 57.000 meter radius curve to the left, through a central angle of 78035'42", an arc length of 78.189 meters; thence (4) South 06055'00" East, 59.169 meters; thence (5) South 69050'09" East, 31.579 meters; thence (6) South13050'52" West, 7.966 meters to a point in the Southwesterly line of said Parcel 5, said point also being on the Northeasterly Right-of-Way line of Garnet Avenue (13.411 meters Northeasterly, as measured at right angles from centerline) South 76°08'20" East, 27.756 meters from the Southwest corner of said Parcel 5; thence (7) along said Southwesterly line of said Parcels 5 and 6, 08-RIV-10-PM 32.89-21502 (21502-1 &21502-01-01) Page 1 of 3 and said Northeasterly Right-of-Way line North 76008'20"West, 137.513 meters to the Southwest corner of said Parcel 6; thence (8) leaving said Northeasterly Right-of-Way line along the Westerly line of said Parcel 6 North 13051'40" East, 6.064 meters to an angle point therein; thence (9) North 09056'51"West 0.242 meters; thence (10) leaving said Westerly line South 76009'08" East, 28.860 meters to the beginning of a tangent 15.000 meter radius curve to the left; thence (11) along said curve, through a central angle of 115019'56", an arc length of 30.194 meters; thence (12) North 11029'04"West, 39.164 meters to the beginning of a tangent 63.000 meter radius curve to the left; thence (13) along said curve, through a central angle of 73012'33", an arc length of 80.498 meters to a point in the Westerly line of said Parcel 6; thence (14) along said Westerly line North 09056'51"West, 17.638 meters to the POINT OF BEGINNING. This conveyance is made for the purpose of a freeway and the grantor hereby releases and relinquishes to the grantee any and all abutter's rights of access appurtenant to grantor's remaining property, in and to said freeway. Area = 10,598 sq. meters, 1.0598 hectares PARCEL 21502-01-01 Together with that portion of said Parcel 6, more particularly described as follows: BEGINNING at the Northwest corner of said Parcel 6; thence along the Westerly line of said Parcel South 09056'51" East, 17.638 meters to the TRUE POINT OF BEGINNING; thence (1) continuing along said Westerly line 08-RIV-10-PM 32.89-21502 (21502-1 & 21502-01-01) Page 2 of 3 South 09056'51" East, 100.725 meters; thence (2) leaving said Westerly line South 76009'08" East, 28.860 meters to the beginning of a tangent 15.000 meter radius curve to the left; thence (3) along said curve, through a central angle of 115°19'56", an arc length of 30.194 meters; thence (4) North 11029'04"West, 39.164 meters to the beginning of a tangent 63.000 meter radius curve to the left; thence (5) along said curve, through a central angle of 73012'33", an arc length of 80.498 meters to the TRUE POINT OF BEGINNING. Area = 4,337 sq. meters, 0.4337 hectares The bearings and distances used in the above descriptions are on the California Coordinate System of 1983, Zone 6. To convert meters to the U.S. Survey Foot, multiply distances by 3937/1200. ichael A. Havener, PLS 7354 Date Exp. 12-31-11 A.Nq F2G�� N No.7354 Q OF CA��F�� 08-RIV-1O-PM 32.89-21502 (21502-1 & 21502-01-01) Page 3 of 3 EXHIBIT $$ B $$ "Di" LINE- INE 1N7rRJ7A7r 10 (CS MAP 204-483) APPROXIMATE LOCATION OF LINE AS SHOWN ON ASSESSOR PREVIOUS CALTRANS R/W MEET 666-33 & ACCESS CONTROL \) 2 2-1 666-330-069 pAr�, G pi 1 D2/ 18-23 Ll-, PAR 8 PAR, 1 I 666-330-068 Apr�'�' PAr1 8 1 REMNANT 666-330- 060 666-330-05� 21 2-01-01 NEW CALTRANS Q R/W & ACCESS CONTROL LEGEND STATE RIGHT-OF-WAY ACQUISITION AREA = 10,598 S0. METERS (1,0598 HECTARES) ID LAND S� ACCESS PROHIBITED J�v�y A. �LFjO� PREVIOUS ACCESS CONTROL P.O.B. POINT OF BEGINNING EXP. 31 DEC 11 Hr � T.P.O.B. TRUE POINT OF BEGINNING �r9 No, 73 R/W RIGHT-OF-WAY OF CA%- DISTANCES ARE IN METERS UNLESS CITY OF PAl.ttll SPRINGS PAR. NO.: 21502-1 & 21502-01-01 OTHERWISE NOTED. MULTIPLY DISTANCES BY 1.00002594 TO OBTAIN GROUND PREPARED BY: KA/MH LEVEL DISTANCES. TO CONVERT METERS PRO ECT: I-10/INDIAN AVENUE INTERCHANGE SCALE: NOT TO SCALE TO U.S. SURVEY FOOT MULTIPLY DISTANCES BY 3937/1200. DATE:6-10-10 ISHEET 1 OF 3 SHEETS rPiw'B Wrrr--r3S7r' TEr lU I9 PAR. B (CS MAP 204-483) i;' � c L o, S 84'44'56` E 98.195Ir. 21 m I l l o T.P.0.6. PARCEL REMNANT PREVIOUS CALTRANS R/W Cl & ACCESS CONTROL 20.670 m wI NEW CALTRANS R/W Z1 �C4 & ACCESS CONTROL �\ 4+y 666-330-069 �, , J82/18-2 J N v 666-330-068 z I �� o �= APPROXIMATES\ L1-. �. LOCATION OF LINE AS SHOW 66 r � �` 666-330-060 ON ASSESSOR y PA FL n G N 78 , E E �Rj- SHEET 666-33 F � 1 �� I- S 83 0500� W T) REMNANT 2150 -01-0 m o AREA = 4337 SO. METERS 'o+t° (0.4337 HECTARES) r w � 666-330-059 SEE DETAIL B /3 N 76.3056;E(R) 3 PART -J SHEET 3 h — rm `r / NEW CALTRANS R/W ./ 8V9 & ACCESS CONTROL 08 ., �0 / SEE DETAIL "A" R/W PER PM F SHEET 3 3 LOT -8. 162/18-23 ^ w P Af PM 1 21og,7S7 m 20pg,�8. W\ C4 18.288 LOT -0. 1 513 2 m��L6 Li )?EC G21290 pc� / P� PM 162118 23 LOT ' v� 6. 1957 0.� o F" � �-�'NEr AV2 18-23 E ^ NOTE: FOR TABULATED LINE AND CURVE DATA SEE MEET 3. DISTANCES ARE IN METERS UNLESS CITYP SPRINGSPAR. No.:21502-1 & 21502-01-01 OTHERWISE NOTED. MULTIPLY DISTANCES BY 1.00002594 TO OBTAIN GROUND PREPARED BY: KA/MH LEVEL DISTANCES. TO CONVERT METERS PROJECT. I-10/INDIAN AVENUE INTERCHANGE SCALE: NOT TO SCALE TO U.S. SURVEY FOOT MULTIPLY DISTANCES BY 3937/1200, DATE:6-10-10 EET 2 OF 3 SHEETS TABULATED CURVE DATA lAWLATE0 LK DATA CURVE DELTA RADIUS LENGTH LINE BEARING LENGTH Cl 5'41'36' 595.580 m 59.181 m L1 N 9'56'51' W 17.638 m C2 78'35'4Y 57.000 m 78.189 m L2 N 9'56'51' W 100.725 m C3 115'19'56' 15.000 m 30.194 m L3 S 69*50*09' E 31.579 m C4 O'13'25' 595.580 m 2.326 m L4 S 69'50'09' E 31.475 m C5 7392'33' 63.000 m 80.498 m L5 S 06'55'00' E 59.169 m L6 N 1351 40' E 6.190 m REMNANT � 2 502-01-01 S 76T)g,p8" Y�2 m f 7- 9 �Z �tl� ug � Nin PAS;, I � a PAR, 8 PAr-, 6 0.346 m $ PAR, 8 N 06 5500 w N 6g�O'O104 C4 e 2 09 w A 41 150 —1 , rn i109.7g7 N 76 3 fi R COT "H. '20" w V~ COT 'G• p C" P" 116 118,23 DETAIL "A' PAi 23 NOT TO SCALE L 10 NOT TO SCALE DISTANCE$ ARE IN METERS UNLESS CITY PALM SPRIN PAR. NO.:21502-1 do 21502-01-01 OTHERWISE NOTED. MULTIPLY DISTANCES PREPARED BY; KA H BY 1.OD002594 TO OBTAIN GROUND LEVEL DISTANCES. TO CONVERT METERS PROJECT: I-10/INDIAN AVENUE INTERCHANGE SCALE: NOT TO SCALE TO U.S. SURVEY FOOT MULTIPLY DISTANCES BY 3937/1200, DATE:6-10-10 EET 3 OF 3 SHEETS RECORDING REQUESTED BY When Recorded Mail To STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION 464 W.a STREET,a FLOOR SAN BERNARDINO,CA 92401-1400 Attention C.Camarillo—MS 650 FREE RECORDING: This instrument is for the benefit of The State of California,and is entitled to be recorded vrithout fee or tax.(Govt.Code 6103,27383 and Rev.& Tax Code 11922) Space above this line for Recorder's Use GRANT DEED District County Route Post Number (CORPORATION) 08 RIV 10 32.80 21503 City of Palm Springs, a municipal corporation, does hereby GRANT to the STATE OF CALIFORNIA all that real property in the County of Riverside, State of California, described as: See Attached Exhibit"A" And depicted as: See Attached Exhtbit"B" 08-RIV-10-PM 32.80-21503 (21503-1) 08-RIV-10-PM 32.80-21503 (21503-2) Form RW 6-1(D)(Revised 01/08) Number 21503-1 21503-2 IN WITNESS WHEREOF, said corporation has caused its corporate name to be hereunto subscribed and its corporate seal to be affixed hereto, this 5 day of N n \,xc (u , 20 1--�, . CITY OF PALM SPRINGS, a municipal corporation By NyC* Davi . Re ager ATTEST: APPROVED d H BY CITY COUNCIL ay. 01 ,,fames Thompson, City Clerk \o •�- [CORPORATE SEAL] State of California ACKNOWLEDGMENT SS County of( wersae On inn,,..rj 3 .1.13 before me, ' CcL otn cyt�I,Le , v (he i�rns�rt nam and title of the officer) personally appeared '�C-y who proved to me on the basis of satisfactory evidence to be the person(s)whose name(e)is/ape-subscribed to the within instrument and acknowledged to me that h&shekHey-executed the same in his/herltheir-authorized capacity(aes), and that by his/Herftheirsignature(&)on the instrument the person(s), or the entity upon behalf of which the person(a)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. cumin Moa• 1Mtip *my /� MMINM EMy Signature /r> er, C (r (Seal) THIS IS TO CERTIFY, That the State of California, acting by and through the Department of Transportation (pursuant to Government Code Section 27281), hereby accepts for public purposes the real property described in the within deed and consents to the recordation thereof. IN WITNESS WHEREOF, I have hereunto set my hand this day of ,20_ Malcom Dougherty Director of Transportation By Attorney in Fact Form RW 6-1(D)(Revised 01/08) Exhibit "A" PARCEL 21503-1 That portion of Parcels 7, 8, and 9 of Parcel Map 21921 in the City of Palm Springs, County of Riverside, State of California, as shown by map on file in Book 162 Pages 18-23 inclusive of Parcel Maps, in the Office of the County Recorder of said County, more particularly described as follows: BEGINNING at the Northwest comer of said Parcel 9; thence (1) along the Northerly line of said Parcels 7,8 and 9 and the Southerly Caltrans Right-of-Way line as shown on State Highway Right-of-Way Map of State Road 8-RIV-10, on file in the Riverside County Surveyor's office as filed map number 204-483, South 89037'23" East, 114.076 meters to an angle point in the Northerly line of said Parcel 7 and said Right-of-Way line; thence (2) continuing along said Northerly line of Parcel 7 and said Right-of-Way line, South 84044'56" East, 25.312 meters to the Northeast comer of said Parcel 7; thence (3) leaving said Right-of-Way line along the Easterly line of said Parcel 7 South 09`56'51" East, 17.638 meters; thence (4) leaving said Easterly line from a tangent which bears South 84041'37" East, Westerly along a 63.000 meter radius curve to the left, through a central angle of 00002'55", an arc length of 0.053 meters; thence (5) North 84044'33"West, 144.983 meters to a point in the Westerly line of said Parcel 9; thence (6) along said Westerly line North 16022'08" East, 7.452 meters to the POINT OF BEGINNING. 08-RIV-10-PM 32.80-21503 (21503-1 &21503-2) Page 1 of 3 This conveyance is made for the purpose of a freeway and the grantor hereby releases and relinquishes to the grantee any and all abutter's rights of access appurtenant to grantor's remaining property, in and to said freeway. The bearings and distances used in the above description are on the California Coordinate System of 1983, Zone 6. To convert meters to the U.S. Survey Foot, multiply distances by 3937/1200. Area = 1,858.1 sq. meters, 0.1858 hectares PARCEL 21503-2 TOGETHER with that portion of said Parcel 7 per said Parcel Map 21921 more particularly described as follows: BEGINNING at the Southeast corner of said Parcel 7, said point also being on the Northeasterly Right-of-Way line of Garnet Avenue (13.411 meters Northeasterly, as measured at right angles from centerline); thence (1) leaving said Right-of-Way line along the Easterly line of said Parcel 7 North 13`51'40" East, 6.064 meters to an angle point therein; thence (2) North 09°56'51" West, 0.242 meters; thence (3) leaving said Easterly line North 76°09'08" West, 0.671 meters; thence (4) South 13°50'52" West, 6.285 meters to the Southwesterly line of said Parcel 7 and said Northeasterly Right-of-Way line; thence (5) along said Southwesterly line and said Northeasterly Right-of-Way line South 76008'20" East 0.767 meters to the POINT OF BEGINNING. This conveyance is made for the purpose of a freeway and the grantor hereby releases and relinquishes to the grantee any and all abutter's rights of access appurtenant to grantor's remaining property, in and to said freeway. 08-RIV-10-PM 32.80-21503 (21503-1 & 21503-2) Page 2 of 3 The bearings and distances used in the above description are on the California Coordinate System of 1983, Zone 6. To convert meters to the U.S. Survey Foot, multiply distances by 3937/1200. Area = 4.8 sq. meters, 0.0005 hectares Michael A. Havener, PLS 7354 Date Exp. 12-31-11 N� No.73" Q Z 9TFOF CA��F�� 08-RIV-10-PM 32.80-21503 (21503-1 & 21503-2) Page 3 of 3 EXHIBIT " B " •D1• UNE INTrF;8)TAT� l�J (CS MAP 204-483) PREVIOUS CALTRANS R/W APPROXIMATE LOCATION OF & ACCESS CONTROL LINE AS SHOWN ON ASSESSOR SHEET 666-33 -330_ 7p 6-31i0/ NEW CALTRANS R/W- 666- 0 330_ Lc� & ACCESS CONTROL 3-1 PAFR, 9 1,18581 S0. MEll \f 666-330-063 (0.1858 f A NOTE: FOR TABULATED LINE AND HECTARES) PA Fri, 7 vs CURVE DATA SEE SHEET 2. jD,Ari 8 666-330-061 PAi �, r , i, J 150 2 SEE DETAIL •A" THIS SHEET G 1-AND SAo GR`F�o $ * EXP. 31 DEC 11 N W 1 -2 !V9 No. 7 5 ��� 4.8 SO. M. CA1.1F0� F (0.0r0i05 HECTARES) c 2 rAr"i, LEGEND P.Q.B. STATE RIGHT-OF-WAY ACQUISITION ti �.�SE &R. TOTAL AREA = 1,863 SQ. METERS (- / PAR. 7 (0.1863 HECTARES) \V(` S 76 20._� T-FTT-FTT ACCESS PROHIBITED 4767 m E -� COT •y, P PLO B� PONT OF PREVIOUS ACCESSBEGINNING CONTROL LOT -00 PE"� pM 2118 ?3 -23 R/W RIGHT-OF-WAY DETAIL "A" /yT /� ♦� �� NOT TO SCALE DISTANCES ARE IN METERS UNLESS \ Ii l Y Vf PALM SPRINGS PAR. NO. : 21503-1 & 21503-2 OTHERWISE NOTED. MULTIPLY DISTANCES BY 1.00D02594 TO OBTAIN GROUND PREPARED BY: KA/MH LEVEL DISTANCES. TO CONVERT METERS PROJECT: 1-10/INDIAN AVENUE INTERCHANGE SCALE: NOT TO SCALE TO U.S. SURVEY FOOT MULTIPLY DISTANCES BY 3937/1200. DATE:6-10-10 SHEET 1 OF 2 SHEE IN7rRSTA7r 10 (CS MAP 204-483) 2150 1 P.0.8, ,ij1, 58.1 SQ. M. N.W. CDR. PREVIOUS CALTRANS R/W PAR. 9� & ACCESS CONTROL 2^ 3 (0.1858 HECTARES) \\ S 84 44'56' E �.-- S 893T23' E 114.076 m - 25.312 m 64.02m - 3. 1 - �63.445 666-330-072 666-330-071 V.16.513 m �+6 N 84 44' ' y 38 408 r1\\W 144.983 m r 43.131 m - / l w NEW CALTRANS R/W� j 666-330-070� 2 & ACCESS CONTROL PAR 10 RM, 162/ 18-23 G APPROXIMATE LOCATION OF— SEE DETAIL .g. PAPt, 9 LINE AS MOWN ON ASSESSOR THIS SHEET 666-330-063 SHEET 666-33 PAR, 8 M PAP, 7' , s o LOT • 666-330-061 � PM 162/18'23 Rlw pEp I`�a LOT �/. p f �18���1823 1 TTNE�' 23 A VENU F F R18.,288 � Bk 21290) R/W or . PER pM 16 ^; ro AUK PG 2/18_2.3 8, 1g57 o 09 1 R. 21 3-1 .� 43.131 m E 4, N 84'. '33•m W R � 'n r) , `'JI E 1a rAfrY. 1.I E in �73 IW P A 1r^i TABULATED Lp1E DATA LINE BEARING LENGTH Lt S 9 7.6 56 51" E 138 m DETAIL I z L2 N 9-56.51' W 100.725 m NOT TO SCALE DISTANCES ARE IN METERS UNLESS CITY OF PALM SPRINGS PAR. NO. : 21503-1 do 21503-2 OTHERWISE NOTED. MULTIPLY DISTANCES BY 1.00002594 TO OBTAIN GROUND PREPARED BY. KA/MH LEVEL. DISTANCES. TO CONVERT METERS PROJECT: 1-10/INDIAN AVENUE INTERCHANGE SCALE: NOT TO SCALE TO U.S. SURVEY FOOT MULTIPLY DISTANCES BY 3937/1200. DATE:6-10-10 EET 2 OF 2 SHEETS R_TURX TO: L L 7 "I� ;7 08-Riv-10-KP 53.31 CITNJ' (PM 33.13) RQ:2743 P a Y OF tit vGs Reconstruct Existing Interchange ?AI W,$ RivGs,CA C22$, , At Indian Avenue EA 455700 District Agreement No. 8-1165 A/2 AMENDMENT NO. 2 TO AGRE EMENT NO. 8-1165 This AMENDMENT NO. 2 to AGREEMENT NO. 8-1165, entered into effective on Ac.&Pmzl�-/,-3 2007, is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as "STATE," and the CITY OF PALM SPRINGS, 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. The parties hereto entered into Agreement 8-1165 (Document No_ 015237) on December 5, 2001, defining the terms and conditions of a project to widen Indian Avenue on both sides of Interstate 10 (I-10)near the interchange, widening or relocation of existing ramps and replacing the existing overcrossing structure on 1-10 at Indian Avenue, referred to herein as "PROJECT." 3. The parties hereto entered into Agreement 8-1165 A/1 on December 28, 2006, to extend the termination date specified in Section III, Article 18, of the original Agreement No. 8-1165 to December 31, 2008 instead of December 31, 2006. 4. STATE intends to contribute Regional Improvement Program (RIP) funds in the lump sum total not to exceed amount of$3,383,000 for PROJECT Right of Way capital and support costs. 5. STATE's costs for Independent Quality Assurance (IQA) of preliminary engineering, Plans, Specifications and Estimates (PS&E), right of way activities, and STATE's costs incurred as the California Environmental Quality Act (CEQA) Lead Agency in the 1 District Agreement No. 8-1165 AJ2 review of the PROJECT environmental documentation prepared entirely by CITY, and STATE's efforts as the NEPA Lead Agency, if applicable will all be borne by STATE. 6. CITY will use Local Funds for all remaining PROJECT costs, as shown on Exhibit A, attached to and made a part of this Agreement. 7. The terms of this Agreement shall supersede any inconsistent terms of any prior Memorandum of Understanding(MOU) or agreement relating to PROJECT- S. PROJECT landscape maintenance and construction will be the subject of a separate future Agreement or Agreements. 9. This Agreement will define the roles and responsibilities of the CEQA Lead Agency and CEQA Responsible Agency regarding environmental documentation, studies, and reports necessary for compliance with CEQA. This Agreement will also define roles and responsibilities for compliance with the National Environmental Policy Act (NEPA), if applicable. 10. STATE and CITY now intend to replace in its entirety District Agreement No. 8-1165 with Amendment No. 2 wader which PROJECT is to be developed, designed, and financed. This Agreement will define herein the revised terms and conditions to widen Indian Avenue on both sides of I-10 near the interchange, widening or relocation of existing ramps and replacing the existing overcrossing structure on I-10 at Indian Avenue, referred to herein as "PROJECT." SECTION I CITY AGREES: I. To provide all necessary preliminary engineering, PS&E, and all right of way activities for PROJECT and bear the actual expense thereof using Local Funds and to pay all additional PROJECT costs except for STATE's lump sum total not to exceed amount of $3,383,000 towards Right of Way capital and support cost for PROJECT. 2. To account for all PROJECT costs to be paid for by STATE pursuant to this Agreement. 3. To submit a billing in the amount of$3,383,000 to STATE after execution of this Agreement. Said billing represents STATE's lump sum total not to exceed amount for Right of Way capital and support costs for PROJECT. 4. 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 2 District Agreement No. 8-1165 A/2 shall be submitted to STATE for STATE's review, comment, and concurrence at appropriate stages of development. 5. All PROJECT work, except as set forth in this Agreement, is to be performed by ROTC. Should RCTC request that STATE perform any portion of PROJECT work, except as otherwise set forth in this Agreement, RCTC shall first agree to reimburse STATE for such work pursuant to an amendment to this Agreement or a separate executed agreement. 6. To have a Project Report (PR) and detailed Plans, Specifications, and Estimates (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- 7- 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 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. S. To permit STATE to monitor, participate, and oversee the selection of personnel who will prepare the PR, conduct environmental studies and prepare environmental documentation,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 discontinue the 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. 9. To submit to STATE for review and concurrence all Right of Way Engineering Land-Net Maps and Right of Way Appraisal Maps, Records of Survey, and Right of Way Record Maps 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. 10. Personnel who prepare the PS&E and environmental documentation, including the investigation 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 acquisition, construction, and/or to make design revisions for contract change orders. 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. 3 District Agreement No. 8-1165 A/2 12. To make written application to STATE.for necessary encroachment permits authorizing entry of CITY onto the SITS right of way to perform surveying and other investigative activities required for preparation of the PR, environmental documentation, and/or PS&E. 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 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 SITS right of way and to perforn 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 S14S 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 quali lied 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 and concurrence by STATE prior to the advertisement for bids for the contract to construct PROJECT. 4 District Agreement No. 8-1165 A/2 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 SITS right of way that could impact PROJECT as part of performing any preliminary engineering work. If CITY 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 prepared by CITY or CITY's consultant on either 80 min/700mb CDs or DVDs 4.7 GB or 8.5 GB double capacity DVDs using Micro Station Version 08.05.02.47 .dgn files, CaiCE Visual Transportation Version 10. SP5 (CaiCE VT). One copy of the data on CD/DVD, including the Engineers electronic signature and seal, shall be provided to STATE upon completion of the final PROJECT PS&E. STATE reserves the right to modify these CD/DVD requirements and STATE shall provide CITY advance notice of any such modifications. Files may be submitted on up to five (5) CDs or, if larger, on DVDs_ All submittal Files shall be compressed and shall be successfully run through AXIOM FILEFIXER software or EDG. 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 referred to in Article 18 of Section 111 of this Agreement. 22. All aerial photography and photogrammetric mapping shall conform to STATE's current standards. 2j. A copy of all original documents resulting from surveys performed for PROJECT, including original field notes, adjustment calculations, final results, and any document demonstrating compliance with STATE surveying procedures or the California Land Surveyor's Act, 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 Photogxammetric 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. 5 District Agreement No. 8-1165 A/2 SECTION II STATE AGREES: 1. At no cost to CITY, to complete STATE's review as CEQA Lead Agency of the environmental documents prepared and submitted by CITY and to provide IQA of all CITY 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 and concurrence, 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 pen-nits for required work within the SHS right of way as more specifically defined elsewhere in this Agreement. 3. To deposit with CITY within twenty-five(25) days of receipt of billing therefor, the amount of$3,383,000, which figure represents STATE's lump sum total not to exceed amount for Right of Way capital/support costs for PROJECT. 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 fiords 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. 6 District Agreement No. 8-1165 A/2 3. The Project Study Report(PSR) for PROJECT, approved on January 6, 1998, is by this reference, made an express part of this Agreement. 4. The basic design features shall comply with those addressed in the approved PSR, unless modified as required for completion of the environmental documentation and/or Federal Highway Administration (FHWA) approval of PROJECT. 5. The design,right of way acquisition, and preparation of enviromnental documentation and related technical reports/studies for PROJECT shall be performed in accordance with all applicable Federal mid 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. 6. STATE will be the CEQA bead 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 docruncntation, 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 these additional tasks by CITY_ 7. CITY agrees to obtain, as a PROJECT cost, all necessary PROJECT pennits, 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. S. CITY shall be fully responsible £or complying with and implementing any and all environmental commitments set forth in the environmental documentation, permit(s), agreement(s) and/or environmental approvals for PROJECT. The costs of said compliance and implementation shall be a PROJECT cost. 7 District Agreement No. 8-1165 A/2 9. If there is a legal challenge to the environmental documentation, including supporting investigative studies and/or technical environmental report(s), permit(s), agreernent(s), environmental commitments and/or environmental 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 enviromnental 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 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/Irearings. 11. In the event CITY would like to hold separate and/or additional public meetings regarding the PROJECT, CITY must clarify in any meeting notices, exhibits, handouts or other material that STATE is the CEQA 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 are not part of the CEQA public review process. CITY shall provide STATE the opportunity to provide commments on any meeting exhibits, handouts or other materials at least ten(10) days prior to any such meetings/hearings. STATE will maintain final editorial control of exhibits, handouts or other materials to be used at the public meeting/hearing solely with respect to text or graphics that could lead to public confusion over CEQA 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(c). 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 8 District Agreement No. 8-1165 A/2 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. Any hazardous material or contamination of an HM-I category found within existing SHS right of way during PROJECT shall be the responsibility of STATE. Any hazardous material or contamination of an HM-I category found within local road right of way during PROJECT shall be the responsibility of CITY. For the purpose ol'this Agreement,hazardous material of HM-I category is defined as that level or type of contamination which must be remcdiated by reason of its mere discovery regardless of whether it is disturbed by PROJECT or not. STATE shall sign the HM-I manifest and pay all costs for remedy or remedial action within existing SITS right of way, except that if STATE determines, in its sole judgment, that STATE's cost for remedy or remedial action is increased as a result of CITY's decision to proceed with PROJECT, that additional cost identified by STATE shall be borne by CITY. CITY shall sign the HM-1 manifest and pay all costs for required remedy or remedial action within local road right of way or other property. While STATE will exert every reasonable effort to fund the remedy or remedial action for which STATE is responsible, in the event STATE is unable to provide funding, CITY will have the option to either delay PROJECT until STATE is able to provide that corrective funding or CITY may proceed with the remedy or remedial action as a PROJECT expense without any subsequent reimbursement by STATE. 15. Any remedy or remedial action with respect to any hazardous material or contamination of an HM-2 category found within existing SITS right of way shall be the responsibility of CITY, who shall sign the HM-2 manifest and management of HM-2 will be a PROJECT cost if the PROJECT proceeds. Any remedy or remedial action with respect to any hazardous material or contamination of an HM-2 category found within CITY right of way shall be the responsibility of CITY who shall sign the HM-2 manifest and management ofHM-2 will beat CITY's cost, if the PROJECT proceeds_ For the purposes of this Agreement any hazardous material or contamination of HM-2 category is defined as that level or type of contamination which said regulatory control agencies would have allowed to remain in place if undisturbed had PROJECT not proceeded. 16. If hazardous material or contamination of either HM-1 or HM-2 category is found on new right of way acquired by or on account of CITY for PROJECT, CITY shall be responsible, at CITY's expense, for all required remedy or remedial action and/or protection in the absence of a generator or prior property owner willing and prepared to perform that corrective work. 9 District Agreement No. 8-1165 A/2 17. Remedial actions proposed by CITY on SHS right of way shall be pre-approved by STATE and shall be performed in accordance with STATE's standards and practices and standards and practices mandated by those Federal and State regulatory agencies. 18. 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. 19. 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. 20. 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, indemni fy 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. 21. Neither CITY nor any officer or employee thereof is responsible for any injury, darnage 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 clairns, 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 o f anything done or omitted to be done by STATE under this Agreement. 22. 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. 23. No alteration or variation of the terms of this Agreement shall 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. 24. Those portions of this Agreement pertaining to the completion of PROJECT shall terminate upon the satisfactory completion of all post-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 10 District Agreement No. 8-1165 A/2 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 claims are settled, dismissed or paid. SIGNATURES ON FOLLOWING PAGE: 11 District Agreement No. 8-1165 A/2 STATE OF CALIFORNIA CITY OF PALM SPRINGS DEPARTMENT OF TRANSPORTATION WILL KEMPTON Director By � 4d-ay°A l_ Attest: - '�/�''"'.�JL`,Z /, /��• `J . HAEL A. PEROVICII ity Clerk District Director APPROVED AS TO FORM AND APPROVED AS TO FORM AND PROCEDURE: PROCEDU By; By. Attorney,' City Corunsel Department of Tramportation CERTIFIED AS TO FUNDS: APPROVED BY CITY COUNCIL �r� � •0'� AID � By: C%frll�.9 SSG[Gi District Budget Manager CERTIFIED AS TO FINANCIAL TERMS AND POLICIES: countingAdministi or uiw To. CrTy o=r v,na sr.-d s 7 .af 12 District Agreement No. 8-1165 A/2 EXHIBIT "A" Estimate of Prqject Costs 1-10 IC at Indian Ave DESCRIPTION TOTAL STATE SHARE CITY SHARE (RIP) OCAL FUNDS) Right of Way $3,383 S3,383 * $0.0 (Capital & Support) Design $ 953 $0.0 $953 (PA&ED +PS&E) TOTAL $4,236 $3,383 S953 * STATE's share is a one-time lump sum not to exceed contribution toward PROJECT Right of Way capital and support costs. Any costs above STATE's contribution will be at CITY's cost. 13 ?ALM OF `�WryspP� City ®f Palm Springs ry * Office of the City Clerk 3200 L",Tahquaz Canyon Way • Palm Springs, California 92262 Cg4I FO R�`P TO (760) 323-1,'2(4 ^ Fix (760) 322-F332 • Web: www.pilmsprings-ci.gov PALM SPRINGS CITY COUNCIL EXCERPTS MINUTES WEDNESDAY, OCTOBER 3, 2007 CITY COUNCIL CHAMBER AGENDA ITEM MO. 2.L. AMENDMENT NO. 2 TO AGREEMENT NO. A4429, A COOPERATIVE AGREEMENT WITH CALTRANS FOR THE INDIAN CANYON DRIVE/INTERSTATE 10 INTERCHANGE WIDENING PROJECT, CITY PROJECT 00-14: ACTION: 1) Approve Amendment No. 2 to Agreement No. A4429 (Caltrans Agreement No. 8-1165), a Cooperative Agreement with the California Department of Transportation (Caltrans) for the Indian Canyon Drive/Interstate 10 Interchange Widening Project (City Project No. 00-14); and 2) Authorize the City Manager to execute all necessary documents. A4429. Motion Councilmember Mills, seconded by Mayor Pro Tern Pougnet and unanimously carried on a roll call vote. I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that this action approving Amendment No. 2 to Agreement No. A4429 (Caltrans Agreement No. 8-1165), a Cooperative Agreement with the California Department of Transportation (Caltrans) for the Indian Canyon Drive/Interstate 10 Interchange Widening Project (City Project No. 00-14); and authorize the City Manager to execute all necessary documents was adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 3`d of October, 2007. es Thompson, City Clerk ty of Palm Springs, California Posc Office Box 2743) 0 Palm Springs, California 92263-2743 W01 --,;47 a L !'i a CITY©"PALM SPRiNcS 08-Riv-10-IMP 53-31 BOX 2743 !'r;G^f SPRINGS,CA 2263 (PM 33.13) Reconstruct Existing Interchange At Indian Avenue EA 455700 District Agreement No- 8-1165 A/1 AMENDMENT NOA TO AGREEMENT NO. 8-1165 This AMENDMENT NO.1 to AGREEMENT NO. 8-1165, entered into effective on 2006, is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as "STATE," and the CITY OF PALM SPRINGS, a body politic and a municipal corporation of the State of California, referred to herein as "CITY-" RECITALS 1- The parties hereto entered into Agreement 8-1165 (Document No. 015237) on December 5, 2001, said Agreement defining the terms and conditions of a project to widen Indian Avenue on both sides of I-10 near the interchange, widening or relocation of existing ramps and replacing the existing overerossing structure on Route 10 at Indian Avenue, referred to herein as "PROJECT." 2. It has been determined that PROJECT work and construction cannot be completed prior to the tennination date of said Agreement. 1T 1S THEREFORE, MUTUALLY AGREED: 1. SECTION 111, "IT IS MUTUALLY AGREED," Articlel8 of the original Agreement is replaced in its entirety to read as follows: "Except as otherwise provided in Article (17) above, this Agreement shall terminate upon satisfactory completion (all claims paid, if any) and acceptance of the PROJECT construction contract, or on December 31, 2008,whichever is earlier in time, except those provisions which relate to indemnification, ownership, operation and maintenance of PROJECT will not terminate unless expressly so provided in a lonnal amendment to this Agreement-" 2. All other terms and conditions o f said Agreement No. 8-1165 (Document No- 015237) shall remain in full force and effect. 1 District Agreement No. 8-1165 A/1 �. This Amendment No. I to Agreement is hereby deemed to be a part of Agreement No. 8-1165 (Document No. 015237). SIGNATURES ON FOLLOWING PAGE: 2 I _ District Agreement No. S-1165 A/I STATE. OF CALIFORNIA CITE' OF PALM SPRINGS DEPARTMENT OF TRANSPORTATION WILL ICEMPTON Bye �> •� Director City Manager By: a //" Attes . MICHAEL A. PEROVICH h City Clerl: _-- District Director / el / APPROVED AS TO FORM AND By: PROCEDURE: Counsel APPROVED BY CpY COUNCIL 1� 6-ob By: l� � Q " 9 Attomey, Department of Transportation CERTIFIED AS TO FUNDS: RErua,i;p �'lr Cl d V'OF PIIL%7 7 . C� By: RAL A ;iii District Budget Manager CERTIFIED AS TO FINANCIAL TERMS AND POLICIES: F6B ccounting Admini rator 3 MINUTE ORDER NO. 7967 APPROVING AMENDMENT NO. 1 TO AGREEMENT NO. A4429 (DISTRICT NO. 8-1165) WITH THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION (CALTRANS), A COOPERATIVE AGREEMENT FOR THE DESIGN OF THE INDIAN AVENUE/INTERSTATE 10 INTERCHANGE. A4429. I, James Thompson, City Clerk of the City of Palm Springs, hereby certify that this Minute Order approving Amendment No. 1 to Agreement No. A4429 (District Agreement No. 8-1165) with the State of California, Department of Transportation (Caltrans), a Cooperative Agreement for the design of the Indian Avenue/Interstate 10 Interchange, was adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 6th day of December, 2006. es Thompson, City Clerk ity of Palm Springs, California iI CERTIFIED COPY I li certify that this is a true and correct copy of the document 1111 o6frife in the o4icial records of the City of Palm Springs. Chief Deputy City Clerk This certification must appear in blue with an original signature. 015,237 08-Riv-10-KP 53.31 (PM 33.13) Reconstruct Existing Interchange At Indian Avenue 08303 — 455700 District agreement No. 8-1165 Dept of Transportation Indian Ave Interchange DESIGN AGREEMENT #4429 COOPERATIVE AGREEMENT M06969, 12-5-01 This AGREEMENT, entered into on� I C �b� , is between flee STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as "STATE", and CITY OF PALM SPRINGS, a body politic and a municipal corporation of the State of California, referred to herein as "CITY". RECITALS (1) STATE and CITY, pursuant to Streets and Highways Code Section 130, are authorized to enter into a Cooperative Agreement for improvements to State highways within the City of Palm Springs, County of Riverside. (2) CITY desires State highway improvements consisting of widening Indian Avenue on both sides of I-10 near the interchange, widening or relocation existing ramps and replacing the existing overcrossing structure on Route 10 at Indian Avenue, referred to herein as "PROJECT", and is willing to fund one hundred percent (100%) of all capital outlay and staffing costs, except for costs of STATE's oversight of environmental, design and right of way activities. (3) This Project is financed with a combination of Measure "A" and Transportation Uniform Mitigation Fee (TUMF) funds. Measure "A" was approved by Riverside County voters in November, 1988. (4) This Agreement supersedes any prior Memorandum of Understanding (MOU) relating to PROJECT. (5) Construction of PROJECT will be the subject of a separate future agreement. (6) The parties hereto intend to define herein the terms and conditions under which PROJECT is to be developed, designed, and financed. 1 District Agreement No. 8-1165 SECTION I CITY AGREES: (1) To fund one hundred percent (100%) of all preliminary and design engineering costs, including, but not limited to, costs incurred for the preparation of contract documents, advertising for bids, and for awarding the construction contract for PROJECT. (2) To have a Project Report (PR), including all necessary environmental documentation (ED), and detailed Plans, Specifications, and Estimate (PS&E) and all required Right of Way (R/W) maps 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 by a Civil Engineer registered in the State of California. (3) To permit STATE to monitor and participate in the selection of personnel who will prepare the PR, conduct environmental studies and obtain approval for PROJECT, prepare the PS&E, and provide the right of way engineering services, and to permit STATE to oversee the performance of right of way activities. CITY agrees to consider any request by STATE to discontinue the services of any personnel considered by STATE to be unqualified on the basis of credentials, professional expertise, failure to perform in accordance with the scope of work and/or other pertinent criteria. (4) Personnel who prepare the PS&E and right of way maps shall be made available to STATE, at no cost to STATE, through completion of construction of PROJECT to discuss problems which may arise during construction and/or to make design revisions for contract change orders. (5) Not to use funds from STATE for any capital and support costs for PROJECT. (6) To make written application to STATE for necessary encroachment permits authorizing entry of CITY onto the State highway right of way to perform surveying and other investigative activities required for preparation of the PR, ED, R/W maps and/or PS&E. (7) 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. 2 District Agreement No. 8-1165 (8) To identify and locate all high and low risk underground facilities within the area of PROJECT and to protect or otherwise provide for such facilities, all in accordance with STATE's "Manual on High and Low Risk Underground Facilities Within Highway Rights of Way." CITY hereby acknowledges receipt of STATE's "Manual on High and Low Risk Underground Facilities Within Highway Rights of Way." (9) If any existing public and/or private utility facilities conflict with the construction of PROJECT or violate STATE's encroachment policy, CITY shall make all necessary arrangements with the owners of such facilities for their protection, relocation, or removal in accordance with STATE's policy and procedure for those facilities located within the limits of work included in the improvement to the State highway and in accordance with CITY's policy for those facilities which are or will be located outside of the limits of the State highway. The total costs to PROJECT of such protection, relocation, or removal within the present of future State highway right of way shall be determined in accordance with STATE's policies and procedures. (10) 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 State highway 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 State highway encroachment permits. (11) CITY shall require any utility owner and/or its contractor performing the protection of relocation work within the State highway right of way to obtain an encroachment permit from STATE prior to the performance of said work. (12) To acquire and furnish all right of way, if any, outside of the existing State highway 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 oversight to insure that the completed work is acceptable for incorporation into the State highway right of way. (13) 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 are utilized, administration of the personnel contract shall be performed by a qualified Right of Way person employed or retained by CITY. 3 District Agreement No. 8-1165 (14) 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 and concurrence by STATE prior to the advertisement for bids for the contract to construct PROJECT. (15) 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 highway 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. (16) To provide, at no cost to STATE, survey and mapping services necessary to perpetuate existing land net and alignment monumentation in accordance with Sections 8771 and 8765 of the Business and Professions Code; and to permanently monument the location of all roadway alignments, realignments, and right of way acquisitions. All of the above are to be shown on a Record of Survey filed with the County Surveyor. CITY shall deliver one copy of any field notes, filed Corner Records, and the Record of Survey required for execution of the above obligation, to STATE's District 08 Survey Branch. (17) To prepare Right of Way Engineering Hard Copies, Right of Way Appraisal Maps, Record of Surveys, and Right of Way Record Maps in accordance with the State of California right of Way manual, Chapter 6 - Right of Way Engineering, the State of California drafting and Plans Manual, the State of California Surveys manual Chapter 10, applicable State laws, and other pertinent reference materials and examples as provided by STATE. (18) 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 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". (19) To submit to STATE for review and acceptance all Right of Way Engineering Hard Copies and Right of Way Appraisal maps with appurtenant back-up and reference data prior to preparation of legal descriptions and acquisition documents. (20) To be responsible, at CITY's expense, for the investigation of potential hazardous material sites within and outside of the existing State highway right of way that would impact PROJECT as part of the responsibility for the ED for PROJECT. If CITY encounters hazardous material or contamination within the existing State highway right of way during said investigation, CITY shall immediately notify STATE and responsible control agencies of such discovery. 4 District Agreement No. 8-1165 (21) If CITY desires to have STATE advertise, award and administer the construction contract for PROJECT, CITY shall provide all plans prepared by CITY or CITY's consultant on Micro Release or Microstation SE VO5.07,01.14. Windows x 86, Agn files with media type ISO standard CD Rom format for review and approval. One copy of the data including the Engineer's electronic signature and seal, shall be provided to STATE upon completion of the final PS&E for PROJECT. STATE reserves the right to modify the requirements and STATE shall provide CITY advance notice of any such modifications. Final plans and Standard Provisions shall be signed by a Civil Engineer registered in the State of California. (22) To obtain, at CITY's expense, all necessary permits and/or agreements from appropriate regulatory agencies. All mitigation, monitoring, and/or remedial action required by said permits shall constitute parts of the cost of PROJECT. SECTION II STATE AGREES: (1) At no cost to CITY, to provide quality assurance activities of all work on PROJECT done by CITY, including, but not limited to, all right of way activities undertaken by CITY or its designee, and to provide prompt reviews and approvals, as appropriate, of submittals by CITY, and to cooperate in timely processing of PROJECT. (2) Upon proper application by CITY, to issue, at no cost to CITY, an encroachment permit to CITY authorizing entry onto the State highway right of way to perform survey and other investigative activities required for preparation of the PR, ED, R/W maps and/or PS&E. If CITY uses consultants rather than its own staff to perform required work, the consultants will also be required to obtain a separate encroachment permit. These permits will be issued at no cost upon proper application by the consultants. 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 to STATE for the purposes of fulfilling STATE's obligations herein. 5 District Agreement No. 8-1165 (2) The parties hereto will carry out PROJECT in accordance with the Scope of Work, attached and made a part of this Agreement, which outlines the specific responsibilities of the parties hereto. The attached Scope of Work may be modified in writing in the future to reflect changes in the responsibilities of the respective parties. Such modifications shall be concurred with by CITY's Director of Public Works or other official designated by CITY and STATE's District Director for District 08 and become a part of this Agreement after execution of the amending document by the respective officials of the parties. (3) The Project Study Report (PSR) for PROJECT approved on January 6, 1998, and the Cooperative Agreement Report (CAR) by this reference, shall become part of this Agreement. (4) The basic design features (as defined in Attachment 3 of the Scope of Work for PROJECT) shall comply with those addressed in the approved PSR, unless modified as required for environmental clearance and/or FHWA approval of PROJECT. (5) The design, right of way acquisition, and preparation of environmental documents for PROJECT shall be performed in accordance with STATE's standards and practices current as of the date of performance. Any exceptions to applicable design standards shall first be approved by STATE via the processes outlined in STATE's Highway Design Manual and appropriate memorandums 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 effect of proposed and/or required changes on PROJECT. (6) 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 same proportion as described in this Agreement, unless mutually agreed to the contrary by STATE and CITY in a subsequent amendment to this Agreement. (7) Any hazardous material or contamination of an HM-1 category found within the existing State highway right of way requiring remedy or remedial action, as defined in Division 20, Chapter 6.8 et seq. of the Health and Safety Code, shall be the responsibility of STATE, at STATE expense. For the purpose of this Agreement, hazardous material or contamination of HM-I category is defined as that level or type of contamination which State or Federal regulatory control agencies having jurisdiction have determined must be remediated by reason of its mere discovery, regardless of whether it is disturbed by PROJECT or not. STATE shall sign the HM-I manifest and, if STATE determines, in its sole judgment, that STATE's cost for remedy or remedial action is increased due to PROJECT, that additional cost identified by STATE shall be borne by CITY. STATE will exert every effort to fund the remedy or remedial action for which STATE is 6 District Agreement No. 8-1165 responsible. In the event STATE is unable to provide funding, CITY will have the option to either delay PROJECT until STATE is able to provide funding or CITY may proceed with the remedy or remedial action at CITY expense without any subsequent reimbursement by STATE. (8) The remedy or remedial action with respect to any hazardous material or contamination of an HM-2 category found within the existing State highway right of way shall be the responsibility of CITY, at CITY expense, if CITY decides to proceed with PROJECT. For the purposes of this Agreement, hazardous material or contamination of HM-2 category is defined as that level or type of contamination which said regulatory control agencies would have allowed to remain in place if undisturbed or otherwise protected in place should PROJECT not proceed. CITY shall sign any HM-2 storage manifest if PROJECT proceeds and HM-2 material must be removed in lieu of being treated in place. If CITY decides to not proceed with PROJECT, there will be no obligation to either CITY or STATE other than CITY's duty to cover and protect HM-2 material left in place. (9) If hazardous material or contamination of either HM-1 or HM-2 category is found on new right of way to be acquired by CITY for PROJECT, CITY, as between CITY and STATE only, shall be responsible, at CITY expense, for all required remedy or remedial action and/or protection and shall guarantee STATE that said new right of way is clean prior to transfer of title to STATE in accordance with Article (15) of Section I of this Agreement. The generator of the hazardous material or, if none can be identified or found, the present property owner, whether a private entity or a local public agency, or CITY, as a last resort, shall sign the manifest. (10) Locations subject to remedy or remedial action and/or protection include utility relocation work required for PROJECT. Costs for remedy and remedial action and/or protection shall include, but not limited to, the identification, treatment, protection, removal, packaging, transportation, storage, and disposal of such material. (11) The party responsible for funding any hazardous material cleanup shall be responsible for the development of the necessary remedy and/or remedial action plans and designs. Remedial actions proposed by CITY on the State highway right of way shall be pre- approved by State and shall be performed in accordance with STATE's standards and practices and those standards mandated by the Federal and State regulatory agencies. (12) Should any portion of PROJECT be financed with Federal funds or state gas tax funds, all applicable laws, regulations and policies relating to the use of such funds shall apply, notwithstanding other provisions of this Agreement. (13) A separate Cooperative Agreement will be required to cover responsibilities and funding for the construction phase of PROJECT. 7 District Agreement No. 8-1165 (14) Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or 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 State highways and public facilities different from the standard of care imposed by law. (15) 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 STATE and 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 work, authority or jurisdiction delegated to CITY under this Agreement. (16) 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 CITY 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. (17) This Agreement may be terminated or provisions contained herein may be altered, changed, or amended by mutual consent of the parties hereto. (18) Except as otherwise provided in Article (17) above, this Agreement shall terminate upon completion and acceptance of the construction contract for PROJECT, or on December 31, 2006, whichever is earlier in time. NOTE: Signatures are on the following page. s • District Agreement No. 8-1165 STATE OF CALIFORNIA CITY of PALM SPRINGS DEPARTMENT OF TRANSPORTATION JEFF MORALES Director of Transportation City Manager By.. ANNE E. MAYER ���District Director Attest• City Clerk APPROVED AS TO FORM AND PROCEDURE: i Attorney, Department of Transportation APPROVED AS TO FORM AND PROCEDURE: CERTIFIED AS TO FUNDS: By: ur el District Budget Manager CERTIFIED AS TO FINANCIAL TERMS AND POLICIES: �ecoijnting Administrator District Agreement No. 8-1165 SCOPE OF WORK This Scope of Work outlines the specific areas of responsibility for various project development activities for the proposed widening of Indian Avenue on both sides of I-10, widening or relocation of existing ramps and replacing the existing overcrossing structure at 1-10 and Indian Avenue. 1. CITY will be the Lead Agency for CEQA and STATE will be the State Lead Agency for NEPA and a CEQA Responsible Agency. The Federal Highway Administration (FHWA) will be the Federal Lead Agency for NEPA. CITY will assess impacts of PROJECT on the environment and, if necessary, CITY will prepare the environmental Document(s) (ED) to meet the requirements of CEQA and NEPA. The draft and final ED will require STATE's review and approval prior to public circulation. CITY will provide all data for and prepare drafts of the Draft Project Report (DPR) and the Project Report (PR). STATE will review and process the reports and request approval of PROJECT and ED by the FHWA. CITY will be responsible for the public hearing process. 2. CITY and STATE concur that the proposal is a Category 4A as defined in STATE's Project Development Procedures Manual. 3. CITY will submit drafts of environmental technical reports and individual sections of the draft environmental documents to STATE, as they are developed, for review and comment. Traffic counts and projections to be used in the various reports shall be supplied by STATE if available, or by CITY. Existing traffic data shall be furnished by CITY. 4. STATE will review, monitor, and approve all project development reports, studies, and plans, and provide all necessary implementation activities up to, but not including advertising of PROJECT. 5. The existing freeway agreement need not be revised. 6. All phases of the PROJECT, from inception through construction, whether done by CITY or STATE, will be developed in accordance with all policies, procedures, practices, and standards that STATE would normally follow. 7. Detailed steps in the project development process are attached to this Scope of Work. These attachments are intended as a guide to STATE's and CITY's staff. 10 District Agreement No. 8-1165 ATTACHMENT 1 PLANNING PHASE ACTIVITIES RESPONSIBILITY PROJECT ACTIVITY STATE CITY 1. ENVIRONMENTAL ANALYSIS & DOCUMENT PREPARATION Establish Project Development Team (PDT) X X Approve PDT X Project Category Determination X Prepare Preliminary Environmental Assessment X Identify Preliminary Alternatives and Costs X Prepare and Submit Environmental Studies and Reports X Review and Approve Environmental Studies and Reports X Prepare and Submit Draft Environmental Document (DED) X Review DED in District X 2. PROJECT GEOMETRICS DEVELOPMENT Prepare Existing Traffic Analysis X Prepare Future Traffic Volumes for Alternatives X Prepare Project Geometrics and Profiles X Prepare Layouts and Estimates for Alternatives X Prepare Operational Analysis for Alternatives X Review and Approve Project Geometrics and Operational Analysis X 3. PROJECT APPROVAL Lead Agency for Environment Compliance Certifies ED in Accordance with its Procedures X X Prepare Draft Project Report (DPR) X Finalize and Submit Project Report with Certified ED for Approval X Approve Project Report X District Agreement No. 8-1165 ATTACHMENT 2 DESIGN PHASE ACTIVITIES RESPONSIBILITY PROJECT ACTIVITY STATE CITY 1. PRELIMINARY COORDINATION Request 1 - Phase EA X Field Review of Site X X Provide Geometries X Approve Geometries X Obtain Surveys & Aerial Mapping X Obtain Copies of Assessor Maps and other R/W Maps X Obtain Copies of As-Builts X Send Approved Geometries to Local Agencies for Review X Revise Approved Geometries if Required X Approve Final Geometries X Determine Need for Permits from other Agencies X X Request Permits X Initial Hydraulics discussion with District Staff X Initial Electrical Design discussion with District Staff X Initial Traffic & Signing discussion with District Staff X Initial Landscape Design discussion with District Staff X Plan Sheet Format Discussion X X 2. ENGINEERING STUDIES AND REPORTS Prepare & Submit Materials Report & Typical Section X Review and Approve Materials Report & Typical Section X Prepare & Submit Landscaping Recommendation X Review & Approve Landscaping Recommendation X Prepare & Submit Hydraulic Design Studies X Review & Approve Hydraulic Design Studies X Prepare & Submit Bridge General Plan & Structure Type Selection X Review & Approve Bridge General Plan & Structure Type Selection X 12 District Agreement No. 8-1165 RESPONSIBILITY PROJECT ACTIVITY STATE CITY 3. R/W ACQUISITION & UTILITIES (Used when qualified Local Agency is performing R/W activities). Request Utility Verification X Request Preliminary Utility Relocation Plans from Utilities X Prepare R/W Requirements X Prepare R/W and Utility Relocation Cost Estimates X Submit R/W Requirements & Utility Relocation Plans for Review X Review and Comment on R/W Requirements X Longitudinal Encroachment Review X Longitudinal Encroachment Application to District X Approve Longitudinal Encroachment Application X Request Final Utility Relocation Plans X Check Utility Relocation Plans X Submit Utility Relocation Plans for Approval X Approve Utility Relocation Plans X Submit Final R/W Requirements for Review & Approval X Fence and Excess Land Review X R/W Layout Review X Approve R/W Requirements X Obtain Title Reports X Complete Appraisals X Review and Approve Appraisals for Setting Just Compensation X Prepare Acquisition Documents X Acquire R/W X Open escrows and Make Payments X Obtain Resolution of Necessity X Perform Eminent Domain Proceedings X Provide Displacee Relocation Services X Prepare Relocation Payment Valuations X Provide Displacee Relocation Payments X Perform Property Management Activities X Perform R/W Clearance Activities X Prepare and Submit Certification of R/W X Review and Approve Certification of R/W X Transfer R/W to STATE X Approve and Record Title Transfer Documents X Prepare R/W Record Maps X 13 District Agreement No. 8-1165 RESPONSIBILITY PROJECT ACTIVITY STATE CITY 4. PREPARATION OF PLANS, SPECIFICATIONS AND ESTIMATES Prepare and Submit Preliminary Stage Construction Plans X Review Preliminary Stage Construction Plans X Calculate and Plot Geometries X Cross-Sections & Earthwork Quantities Calculation X Prepare Traffic Management Plan X Review Traffic Management Plan X Prepare and Submit BEES Estimate X Put Estimate in BEES X Local Review of Preliminary Drainage Plans and Sanitary Sewer and Adjustment Details X Prepare & Submit Preliminary Drainage Plans X Review Preliminary Drainage Plans X Prepare Traffic Striping and Roadside Delineation Plans and Submit for Review X Review Traffic Striping and Roadside Delineation Plans X Prepare & Submit Landscaping and/or Erosion Control Plans X Review Landscaping and/or Erosion Control Plans X Prepare & Submit Preliminary Electrical Plans X Review Preliminary Electrical Plans X Prepare & Submit Preliminary Signing Plans X Review Preliminary Signing Plans X Quantity Calculations X Safety Review X X Prepare Specifications X Prepare & Submit Checked Structure Plans X Review & Approve Checked Structure Plans X Prepare Final Contract Plans X Prepare Lane Closure Requirements X Review and Approve Lane Closure Requirements X Prepare & Submit Striping Plan X Review & Approve Striping Plan X Prepare Final Estimate X Prepare & Submit Draft PS&E X Review Draft PS&E X Finalize & Submit PS&E to District X 14 District Agreement No. 8-1165 ATTACHMENT 3 DEFINITIONS Basic Design Features - A general description of the facility: 1. The project proposal consists of modifying the existing diamond type L-1 interchange on Interstate 10 in the Coachella Valley at Indian Avenue (Br #56-0392, KP 53.32) to either a new partial cloverleaf or new tight diamond with EB on and off hook ramps. Improvements will extend from approximately KP 52.62 west of Indian Avenue to approximately KP 53.95 to the east. Elements of this proposal include proposed alternatives which consist of an addition of a loop on-ramp in the northeast quadrant, a hook on-ramp in the southwest quadrant, re- alignment of the WB off and EB off-ramps, increase in intersection spacing, bridge replacement for Indian Avenue OC, adjustment of access to adjacent businesses, and traffic signal additions, deletions and modification. 2. The existing design speed of 1-10 is 130 km/hr. The improvements to the interchange do not involve realignment to the existing horizontal or vertical design. The existing design speed of Indian Avenue is 50 kph (32 mph). The proposed design produces a design speed of 55 kph (35 mph). 3. The I-10 at Indian Avenue is an eight-lane freeway with no auxiliary lanes. The Indian Avenue/I-10 interchange is located west of the Monterey Interchange (PM 44.64). The improvements to the interchange do not include modification to the existing I-10 eight-lane configuration. Indian Avenue as currently exists, consists of a bridge overcrossing with two 3.658 meter (12 foot) lanes. The proposed alternatives for Indian Avenue allow for six 3.658 meter (12 foot) lanes, a 4.267 meter (14 foot) median, and 2.438 meter (8 foot) shoulders. 15 District Agreement No. 8-1165 4. Soundwalls are anticipated for the development of a future lodging facility location in the south west quadrant of the interchange. No ramp or mainline additions of HOV are incorporated into the design alternatives. However, the design alternatives do allow for future addition of mainline HOV with minimal ramp reconstruction. The bridge is being widened to accommodate the 33.5 meter (110 foot) arterial designation per the County of Riverside. The widening will help accommodate the anticipated increase of traffic volumes along Indian Avenue through the year 2030. The existing ramps are not metered and it is anticipated that re-configuration of the interchange will not include ramp metering at time of construction. 5. Potential Nonstandard Features A design exception is potentially required for the following: Advisory 1. Alt. #1: Distance between Ramp Intersection and Local Road Intersection (20"'Avenue/I-10 WB on and off-ramps) is 83m. The advisory standard is 160m. 2. Alt. #2: Distance between Ramp Intersection and Local Road Intersection (20"'Avenue/1-10 WB on and off-ramps) is 125m. The advisory standard is 160m. Mandatory 1. Alt. #1: Distance between Ramp Intersection and Local Road Intersection (20"Avenue/I-10 WB on and off-ramps) is 83m. The mandatory standard is 125m. 2. Alt. #1:Nonstandard superelevation rate - EB "free-right" on-ramp from Indian Avenue WB "free-right" on-ramp from Indian Avenue. 3. Alt #2: Nonstandard superelevation rate - EB "free-right" on-ramp from Indian Avenue. 16 r • • MINUTE ORDER NO. 6969 APPROVING DESIGN COOPERATIVE AGREEMENT NO. 8-1165 WITH CALTRANS FOR THE DESIGN PHASE OF THE INDIAN CANYON DRIVE/1-10 INTERCHANGE PROJECT;CITY PROJECT NO. 00-14. I HEREBY CERTIFY that this Minute Order approving Design Cooperative Agreement No. 8-1165 with Caltrans for the Design Phase of the Indian Canyon Drive/ 1-10 Interchange Project; City Project No.00-14, was adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 5th day of December, 2001. ATRICIA A. SANDERS City Clerk