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Home My WebLink AboutCALTRANS - Property Transfer Agreement - 05.03.23PROPERTY TRANSFER AGREEMENT This AGREEMENT, effective on . 2023, is between the City of Fresno, a California municipal corporation referre hereinafter as the CITY, and the State of California, acting through its Department of Transportation, referred to as CALTRANS. RECITALS 1. The CITY and CALTRANS, agree to a Property Transfer Agreement as the State is allowed to have jurisdiction and maintenance over any public street, or portion thereof, which is within the boundaries of a state highway. 2. The CITY intends to transfer to CALTRANS a portion of the southeast corner of North Parkway Drive and West Shields Avenue, and a portion of North Marks Avenue, north of the Marks -Shields Connector, as described and depicted on the attached exhibits hereto as Grant Deeds with accompanying exhibits numbered 2023-075 and 2023-077, which are all made a part of this agreement, referred to hereinafter as SUBJECT PROPERTIES. CALTRANS is willing to accept said SUBJECT PROPERTIES upon the duly authorized execution of the Agreement by the CITY and the CITY's recording of the Grant Deeds, with the County Recorder's Office. 3. The CITY and CALTRANS agree that the SUBJECT PROPERTIES are currently in a state of good repair. 4. The CITY and CALTRANS, collectively referred to as PARTIES, herein intend to define the terms and conditions under which the transfer of the SUBJECT PROPERTIES is to be accomplished. SECTION I CALTRANS AGREES: 1. To accept ownership, including all of the CITY's current obligations, rights, title and interest in the SUBJECT PROPERTIES upon recordation of the Grant Deeds in the County Recorder's Office and to thereafter operate, maintain, and be liable for the SUBJECT PROPERTIES at no additional cost to the CITY. 2. To accept the SUBJECT PROPERTIES in their current environmental condition and setting, including but not limited to, the exemptions under Sections 15301/Class 1 (Existing Facilities) and 15305/Class 5 (Minor Alteration in Land Use Limitations) of the California Environmental Quality Act (CEQA) Guidelines dated November 28, 2022. CALTRANS has received and reviewed copies of the above - referenced Environmental Assessment Numbers PWO0663-SR99-01 AND PW00663-SR99-03. CALTRANS has received and reviewed copies of the above - referenced Environmental Assessments. Upon recordation of the Grant Deeds in the County Recorder's Office, the CITY will not be responsible for any present or future remediation of any hazardous materials (HCD). SECTION II CITY AGREES: 1. To submit the Grant Deeds to the County Recorder's Office for recording upon approval of the disposition of the properties by the California Department of Housing and Community Development. 2. Upon CALTRANS's specific request, to transfer to CALTRANS within 60 days of such request, copies of available CITY records and files for the SUBJECT PROPERTIES, such as plans, survey data and right-of-way information. SECTION III IT IS MUTUALLY AGREED: 1. CALTRANS shall fully defend, indemnify and save harmless the CITY and all of its officers and employees from all claims, suits or actions related to environmental theories or assertions of liability, including but not limited to, claims or lawsuits related to the presence of hazardous materials as described in Environmental Assessment Numbers PWO0663-SR99-01 AND PW00663-SR99-03, provided that the actions, events, injuries, damages, or losses giving rise to any claims, suits or actions occurred on or arise after the date of the recordation of the Grant Deeds. 2. CALTRANS shall fully defend, indemnify and save harmless the CITY and all of its officers and employees from all claims, suits or actions related to environmental theories or assertions of liability, including, but not limited to, claims or lawsuits related to the presence of hazardous materials as described in Environmental Assessment Numbers PWO0663-SR99-01 AND PW00663-SR99-03, provided that the actions, events, injuries, damages, or losses giving rise to any claims, suits or actions occurred or arose before the date of recordation of the Grant Deeds 3. Neither the CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub -contractors, and/or its agents under or in connection with any work, authority or jurisdiction conferred upon CALTRANS under this AGREEMENT. It is understood and agreed that CALTRANS, to the extent permitted by law, will defend, indemnify and save harmless the CITY and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub- contractors, and/or its agents under this AGREEMENT. 2 4. Neither CALTRANS nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by the CITY, its contractors, sub -contractors, and/or its agents under or in connection with any work, authority or jurisdiction conferred upon the C1TY under this AGREEMENT. It is understood and agreed that the CITY, to the extent permitted by law, will defend, indemnify and save harmless CALTRANS and all its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by the CITY, its contractors, sub -contractors, and/or its agents under this AGREEMENT. 5. No alteration of the terms of this AGREEMENT shall be valid unless made in writing and signed by the PARTIES hereto. No oral understanding or agreement not incorporated herein shall be binding on any of the PARTIES hereto. 6. This AGREEMENT shall terminate upon recordation of the Grant Deeds for the SUBJECT PROPERTIES in the County Recorder's Office except for those provisions which relate to indemnification, ownership, operation, and maintenance, which shall remain in effect until terminated or modified in writing by mutual agreement. The information provided below indicates the primary contact information for each PARTY to this AGREEMENT. PARTIES will notify each other in writing of any personnel or location changes. Contact information changes do not require an amendment to this AGREEMENT. CITY OF FRESNO Project Manager: Alfredo Cervantes Phone Number: (559) 621-8719 E-mail: alfredo.cervantes fresno.00v Billing Address: 2600 Fresno Street, Fresno, CA 93721 CALTRANS Project Manager: Shelly Maggard Phone Number: (559) 288-9676 E-mail: shelley•mag9ardi'�D_dot.ca.gav PARTIES are empowered by the law to enter into this AGREEMENT and have delegated to the undersigned the authority to execute this AGREEMENT on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this AGREEMENT. This AGREEMENT may be executed and delivered in counterparts, and by each PARTY in a separate counterpart, each of which when so executed and delivered shall constitute an original and all of which taken together shall constitute one and the same instrument. 3 The PARTIES acknowledge that executed copies of this AGREEMENT may be exchanged by facsimile or email, and that such copies shall be deemed to be effective as originals. CITY OF FRESNO, a California municipal corporation By: Fed Scott Mozier, PE, Director Public Works Department APPROVED AS TO FORM: ANDREW JAN City Attor B:a Angela M. Karst Date Deputy City Attorney ATTEST: TODD STERMER, CMC City Clerk. d By: ra&6t LIL-ezD Deputy Date 4 STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION dy: _ C4"(p Name: Nicholas G. Dumas Title: D6 Right of Way Office Chief, Capital (If corporation or LLC., Board Chair, Pres. or Vice Pres.)