02-1105_CALIF DEPT OF TRANSPORTATION_Contribution AgreementAugust 2002
0:5141
District Agreement No. 12-469
12 - Ora - 5 - KP 11.864/12.885
At Stonehill Drive/ Camino
Capistrano Northbound
Serra On -Ramp in San Juan
Capistrano
Realign Ramp
12 - OA3901
District Agreement No. 12-469
CONTRIBUTION AGREEMENT
THIS AGREEMENT, ENTERED INTO EFFECTIVE ON /l _ �_ , 2002, is between the
STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred
to herein as "STATE", and
CITY OF SAN JUAN CAPISTRANO, a political subdivision of
the state of California, referred to herein as "CITY".
August 2002
5i*4.1,
RECITALS
District Agreement No. 12-469
1. STATE and CITY, pursuant to Streets and Highways Code Section 114, are
authorized to enter into a Cooperative Agreement for improvements to State high-
ways within the City of San Juan Capistrano.
STATE desires an improvement consisting of realignment of the northbound Serra
On-ramp to the northbound Interstate 5, referred to herein as PROJECT, within
CITY limits. PROJECT will impact 0.11 acres of a habitat restoration site. The
restoration site was permitted under an approved interim habitat loss mitigation
plan that was consistent with the State of California's Coastal Sage Scrub Natural
Community Conservation Planning (NCCP) Process Guidelines and special rule
promulgated pursuant to section 4(d) of the Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.), for the federally threatened coastal California
gnatcatcher (Polioptila californica californica).
3. The U.S. Fish and Wildlife Service and California Department of Fish and Game
have implemented an in -lieu fee program as one option in satisfying some of the
requirements regarding impacts to habitat within the planning area for the NCCP in
Orange County. Currently, the in -lieu fee is $25,000 per acre. The funds generated
by the in -lieu fee program will be held by The Nature Conservancy until the time of
their use for land acquisition for the NCCP reserve.
4. The U.S. Fish and Wildlife Service and the California Department of Fish and Game
have determined that PROJECT's impact, to the restoration site should be offset at a
5 to 1 ratio.
5. STATE has selected that in -lieu fee option and CITY desires to provide assistance in
the administration of this option, in order to bring about the earliest possible
construction of PROJECT.
6. STATE and CITY intend to define herein the terms and conditions under which
payment to The Nature Conservancy is to be accomplished.
SECTION I
STATE AGREES:
1. To deposit with CITY within thirty (30) days after the programmed dollars in the
SHOPP 2004/2005 fiscal year become available, the in -lieu fee of $13,750.
August 2002
SECTION II
CITY AGREES:
1. To accept in -lieu fee payment of $13,750 from STATE.
District agreement No. 12-469
2. To make a payment of $13,750 to the Nature Conservancy within 10 days of receipt of
payment from STATE.
3. To provide the U.S. Fish and Wildlife Service and the California Department of Fish
and Game with a copy of that payment made to the Nature Conservancy.
SECTION III
IT IS MUTUALLY AGREED:
1. All obligations of STATE under the terms of this Agreement are subject to the ap-
propriation of resources by the Legislature and the allocation of resources by the
California Transportation Commission.
2. Nothing in the provisions of this Agreement is intended to create duties or obligations
to or rights in third 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 maintenance of
State highways different from the standard of care imposed by law.
3. 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, the CITY shall fully defend, indemnify and save harmless the State of
California, all officers and employees from all claims, suits or actions of every name,
kind and description brought for or on account of injury (as defined in Government
Code Section 810.8) occurring by reason of anything done or omitted to be done by
the CITY under or in connection with any work, authority or jurisdiction delegated to
the CITY under this Agreement.
4. 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.
5. No alteration or variation of the terms of this Agreement shall be valid unless made in
writing and signed by the parties hereto, and no oral understanding or agreement not
incorporated herein shall be binding on any of the parties hereto.
6. This Agreement shall terminate upon payment to the Nature Conservancy by CITY,
pursuant to Section II, Article (2) of this Agreement or on June 30 , 2005, whichever is
earlier in time.
August 2002 District Agreement No. 12-469
STATE OF CALIFORNIA 015441 CITY OF SAN JUAN CAPISTRANO
Department of Transportation
JEFF MORALES By
Director, Diane Bathgate
Califomi ep ent of Tr ortation Mayor
ATTEST:
By
E que Alonso
eputy District Director
Project Delivery
Mar ret . Monahan, City Clerk
APPROVED AS TO FORM:
1.1aa"101+1slW. IColOIC):7LA
By\ By
Attorney John SI aw
Department of Transportation CITY Aftomey
CERTIFIED AS TO FUNDS:
By: iklllt�
Neda Saber Ansan
District Budget Manager
CERTIFIED AS TO FINANCIAL TERMS AND CONDITIONS:
Accounting Administrator