Loading...
12-1211_CALIF DEPT OF TRANSPORTATION_Maintenance Agr (2) j� JwaM, 32400 PASEO ADELANTO v ��, J MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 iij (949)4931171 //� SAM L.BYR E {.y' nntriniH ROY L.BYRNES,M.D. (949)493.1053 FAx F9MIIStlH I 1961 www.,,sDE anfuancapivrano.org 1776 RVER � ® DEREEKK REE VE JOHN TAYLOR TRANSMITTAL TO: Department of Transportation Attn: Khaleda Akans 3347 Michelson Drive, Suite 100 Irvine, CA 92612-8894 DATE: December 18, 2012 FROM: Christy Jakl, Deputy City Clerk (949) 443-6310 RE: Freeway Maintenance Agreements and Maintenance Agreements Enclosure: (3) Original Freeway Maintenance Agreements with City of San Juan Capistrano on Route 5 for EA 12-OF96E. (3) Original Maintenance Agreement with City of San Juan Capistrano on SR-74 for EA 12-0010 Once the final signatures are received, please return 1 original agreement to the City of San Juan Capistrano, City Clerk's Office. If you have questions concerning the agreement, please contact Alan Oswald, Senior Engineer - Traffic at (949) 443-6356. Cc: Alan Oswald, Senior Engineer - Traffic San Juan Capistrano: Preserving the Past to Enhance the Future `� P,1nieA on 100Ye raryclatl paper FREEWAY MAINTENANCE AGREEMENT WITIi CITY OF SAN JUAN CAPISTRANO 'PHIS AGREEMENT is made and entered into in duplicate, effective this day of _ 2012, by and between the State of California, acting by and through its Department of Transportation, hereinafter referred to as "STATE and the City of San Juan Capistrano, hereinafter referred to as "CITY'; and collectively referred to as "PARTIES." WITNESSETH: A. WHEREAS, on April 17, 2012 a Freeway Agreement was executed between CITY and STATE, wherein the PARTIES consented to certain adjustments of the local street and road systen required for the development of that portion of State Highway Route 5 within the jurisdictional limits of the CITY of San Juan Capistrano, as a freeway; and B. WHEREAS, recent adjustments to said freeway have now been completed, or are nearing completion, and the PARTIES hereto mutually desire to clarify and revise the division of maintenance, as defined in section 27 of the California Streets and Highways Code, and their respective responsibilities as to separation structures and local CITY streets and roads, or portions thereof, and landscaped areas lying within or outside those modified freeway limits; and C. WHEREAS, pursuant to Section 7 of the above April 17, 2012 Freeway Agreement, CITY has resumed or will resume control and maintenance over each ot'the affected relocated or reconstructed CITY streets, except for those portions adopted as a part othe freeway proper. NOW THEREFORE: 1. CITY agrees to continue their control and maintenance of each of the affected relocated or reconstructed CITY streets and roads as shown on that plan map attached hereto, marked Exhibit A, and made a part hereof by this reference. 2. STATE agrees to continue control and maintenance of portions adopted as a part of State Route 5 Freeway proper as shown Exhibit A. 3. The PARTIES agree to share the maintenance responsibilities on individual infrastructure items as provided in Exhibit B attached and made a part of this Agreement by reference, as long as it is not in conflict with the terms of this Agreement. In case of a conflict, the terms of this Agreement shall.prevail. 4. In the future, if there is mutual agreement on any change in the maintenance duties between PARTIES, the PARTIES shall revise Exhibit A and /or B, as necessary, by a mutual written execution of Exhibits A and/or B. 5. When another planned future improvement has been constructed and/or a minor revision has been effected within the limits of the freeway herein described,which will affect the PARTIES' division of maintenance responsibility as described herein, STATE will provide a new dated and revised Exhibit "A," which will be made a part hereof by an amendment to this Agreement when executed by all PARTIES,which will thereafter supersede the attached original Exhibit A and become part of this Agreement. 6, CITY and STATE agree to accept their respective operational and maintenance responsibilities and related associated costs thereof in the event jurisdictional boundaries of the PARTIES should change and Exhibit A is amended to reflect those changes. 7. CITY must obtain the necessary Encroachment Permits from STATE's District 12 Encroachment Permit Office prior to entering STATE right-of-way to perform CITY maintenance responsibilities. This permit will be issued at no cost to CITY. 8. VEHICULAR AND PEDESTRIAN OVERCROSSINGS A. STATE will maintain, at STATE expense, the entire structure of any STATE constructed vehicular and pedestrian overcrossings of State Highway and Route 5 below the deck surface except as hereinafter provided. B. CITY will maintain, at C'TY expense, the deck and/or surfacing and structural drainage system (and shall perform such work as may be necessary to ensure an impervious and/or otherwise suitable surface) and all portions of the structure above the bridge deck, including, but without limitation, lighting installations, as well as all traffic service facilities (sidewalks, signs, pavement markings, bridge rails, etc.) that may be required for the benefit or control of traffic using that overcrossing. C. At such locations as shall be determined by STATE, screening shall be placed on STATE freeway overpasses on which pedestrians are allowed as directed by section 92.6 of the Streets and Ilighways Code. All screens installed under this program will be maintained by STATE, at STATE expense. 9. VEHICULAR AND PEDESTRIAN UNDERCROSSINGS A. STATE will maintain the structure proper of all STATE-constructed vehicular and pedestrian undercrossii)gs of STATE freeways while the roadway sections, including the traveled way, shoulders, curbs, sidewalks, wall surfaces (including eliminating graffiti), drainage installations, lighting installations and traffic service facilities that may be required for the benefit or control of traffic using that undercrossing will be maintained by CITY. 2 B. CITY will request STATE's District Transportation Permit Engineer to issue the necessary Encroachment Permit for any proposed change in mininmm vertical clearances between the traveled way portion of the under-roadway surface and the Structure that results from modifications to the mider-roadway (except when said modifications are made by STATE). If the planned modifications will result in a reduction in the minimum clearance within the traveled way, an estimate of the clearance reduction must be provided to STATE's District Transportation Permit Engineer prior to starting work. Upon completion of that work, a clearance diagram will be furnished to STATE's District Transportation Permit Engineer that shows revised minimum clearances for all affected movements of traffic,both at the edges of the traveled way and at points of minimum clearance within the traveled way. 10. SOUNDWALLS. Responsibility for debris removal, cleatring and painting to keep CITY's side of any sound wall structure free of debris, dirt, and graffiti shall not lie with STATE. 11. PAVERS Responsibility for the maintenance of interlocking pavers in the sidewalk on the Bridge including but not limited to repairing and replacing them shall lie with CITY and not with STATE. 12. LANDSCAPED AREAS ADJACENT TO CROSSING STRUCTURES Responsibility for the maintenance of any plantings or other types of roadside development lying outside of the fenced right of way area reserved for exclusive freeway use shall lie with CITY and not with STATE. 13. INTERCHANGE OPERATON It is STATE's responsibility to provide efficient operation of freeway interchanges, including ramp connections to local streets and roads. 14. ELECTRICALLY OPERATED TRAFFIC CONTROL DEVICES The cost of installation, operation, maintenance, repairs, replacement and energy costs of safety lighting, traffic signals or other necessary electrically operated traffic control devices placed at interchanges of State Highway Route 5 Freeway and CI`fY streets and roads and at ramp connections or State Highway Route 5 and CITY facilities shall be shared by the PARTIES under a separate "Shared. Cost Electrical Agreement," which was executed on July 1$`, 1983 between the PARTIES. This agreement shall be revised to include the new electrical inventories. 3 Timing of traffic signals, which shall be coordinated with CITY to the extent that no conflict is created with freeway operations, shall be the sole responsibility of STATE. 15. BICYCLE PATHS Except for bicycle paths constructed as permitted encroachments within STATE's right of way for which the permittee is solely responsible for all path improvements, STATE will maintain, at STATE expense, all fences, guardrailing, drainage facilities, slope and structural adequacy of any bicycle path located and constructed within STATE's right of way. CITY will maintain, at CITY expense, a safe facility for bicycle travel along the entire length of the path by providing sweeping and debris removal when necessary; and all signing and striping and pavement markings required for the direction and operation of that non-motorized facility. 16. LEGAL RELATIONS AND RESPONSIBILITIES: A. 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 a PARTY to the Agreement by imposing any standard of care with respect to the operation and maintenance of STATE highways and local facilities different from the standard of care imposed by law. B. Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by, under or in connection with any work, authority or jurisdiction conferred upon STATE arising under this Agreement. It is understood and agreed that STATE shall fully defend, indemnify and save harmless CITY and all of their officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this Agreement. C. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction conferred upon CITY and arising under this Agreement. It is understood and agreed that CITY shall fully defend, indemnify and save harmless STATE and all of 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 or other theories or assertions of liability occurring by reason of anything done or ornitted to be done by CITY under this Agreement. 4 D. Insurance CITY and their contractors shall maintain in force, during the tern of this agreement, a policy of general liability insurance, including coverage of bodily injury liability and property damage liability, naming the State of California, its officers, agents and employees as the additional insured in an amount of $1 million per person and $2 million in aggregate. Coverage shall be evidenced by a certificate of Insurance in a form satisfactory to Department that shall be delivered to Department with a signed copy of this Agreement. lithe-a ernati-v if CITY is self-insured. CITY agrees to deliver evidence of self-insured coverage in a form satisfactory to STATE, along with a signed copy of this Agreement. E. Prevailing Wage Requirements A. Labor Code Compliance: If the work performed on this Project is done under contract and falls within the Labor Code section 1720(a)(1) definition of a "public work" in that it is construction, alteration, demolition, installation, repair or maintenance CYfY must conform to the provisions of Labor Code sections 1720 through 1815, all applicable regulations and coverage determinations issued by the Director of Industrial Relations. CITY agrees to include prevailing wage requirements in its contracts for public work. Work performed by CITY's own forces is exempt,from the Labor Code's Prevailing Wage requirements. B. 'Prevailin =Wage Requirements in Subcontracts: CITY shall require its contractors to include prevailing wage requirements in all subcontracts funded by this Agreement when the work to be performed by the subcontractor is a "public work" as defined in Labor Code Section 1720(a)(1). Subcontracts shall include all prevailing wage requirements set forth in CITY's contracts. 17. EFFECTIVE DATE This Agreement shall be effective upon the date appearing on its face, it being understood and agreed, however, that the execution of this Freeway Maintenance Agreement shall not affect any pre-existing obligations of CITY to maintain other; designated areas until a written notice from STATE has been issued that work in such areas, which CITY has agreed to maintain pursuant to the terms of a Freeway Agreement, has been completed. 5 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. CITY OF SAN JUA CAPISTRANO STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION By M R MALCOLM DOUGHERTY Director of Transportation ATTEST: BY iy LNBy ITY Clerk James Pinheiro Deputy District Director Operations and Maintenance District 12 APPROVED AS TO FORM: APPROVED AS TO FORM & aFP g By CITY Attor y Attorney T Department of Transportation 6 EXHIBIT "A" (Plan map showing State Highway Route 5 Freeway proper and CITY road/facilities ) EXHIBIT `B" (Individual maintenance items that are not provided for in the body of the Agreement.) Sta 671 +60 Sta 368 +32 ( PM 12 . 51 )�I �( PM 6 . 76 ) TRABUCO CREEK_BRIDGE VIA CALIFORNIA OC DANA \` STONEHIIL DRIVE uc SAN JUAN CREEK flU UC \ 11 POINT EL HORNO STREET UC � 'I � �- / \ \• f i ,\ SRT �� J =- �� EAST CONNECIOR UC m JUNIPERO SERRA ROAD UC// SAN JUAN SAN �_ �11� CAPISTRANO / MISSION CLEMENTE " VIEJO I ' VICINITY MAP FFREEWAY MAINTENANCE AGREEMENT EXHIBIT "A" NO SCALE MAOEP LIS. PSVISiD "Ll••WIo-Sl NOTE: LECENO- --__-- �.. iuw.. •a.¢ ' • � ,e y tz wo 11,14 �9�n•6.f0— I'M.CCINUiE RW OF nR a {CCESS 0{ia, [WIKt INTER OCAIW PAVERS YIININ RIOF wAV ENGINEERING{T THE DISTRICT OFFICE. CITY Or Sl9 llM WIJTR.RIGNT W .1. /r/µii N,•��, Lo RE ua1NTa1NF0 BY<lir �dL/'/yu�' "p`"t INTEPLOCAIN4 PAVERS MUM STATE.1G 1 N /I{Yr, TO DE WINTAINEO BClir SFE SVEr"zoC SEfan CciEl -J22-Cv -x yN JwqO- VgyEAS q A / ✓C / / / 48 St9N63 Irr ar I .1R<v R<r You xa4sY ! i _@� I 3 5 / i IS, 3 � 1 1 �: \4r 9.Y f I N.36'lT.-6 20•CO.W li 1 _ , R'00 iYfE I3-R _ I .`vb' $� _3, __ RQUTE 7 I -R:d.:B 18•x5.93' l J Rrc Ah LINE.. ROUTE Ta EAST8Gi1xp s- 4 1 1 `. / � / VCC Sry R '.p• / s - Q 3] 5 _ 2 � _�_ R i z ti{r rA 51.9.�3 V1 f T1 1 _ SE y.3`St _�-8'3C'Rf '• / FFr aJ'IOU a'S 5498 C ihtt r - EXHIBIT 4611339 5YI T� CC,s Re94 J� _ YNotA iv1:erviJ[L 1 pE�k' a — - f I LWIT 39M 1 G(NIfCT NLAfA 8 M.SE :3000031021 uou-Sb a.., 12/11/2012 m „n City of San Juan apistrano Agen�d ort TO: Karen P. Brust, ity MgrFi C FROM: James G. Interim P lic Works Director Prepare by: Alan Oswald, Senior Engineer- Traffic DATE: Dece ber 1, 2012 SUBJECT: Const ration of Two Maintenance Agreements with Caltrans for the Ortega Highway and 1-5 Interchange Reconstruction Project RECOMMENDATION: By motion, approve the following Maintenance Agreements with Caltrans for the reconstruction of Ortega Highway and 1-5 Interchange project: 1. Freeway Maintenance Agreement on Route 5 for EA 12-OF96E; and, 2. Maintenance Agreement on SR-74 for EA 12-OE310. EXECUTIVE SUMMARY: At the April 3, 2012, meeting, the City Council approved the Cooperative Agreements with Caltrans related to the 1-5/Ortega Highway Interchange project for the installation of storm water treatment systems and for the installation of sidewalk pavers on the Ortega Highway Bridge. As a follow up to these Cooperative Agreements, and to outline maintenance responsibilities for the various aspects of the roadway following completion of the construction, Caltrans has submitted these maintenance agreements for City approval. DISCUSSION/ANALYSIS: With the reconstruction of the interchange and adjacent roadways by Caltrans, they require that areas of maintenance responsibility be identified and agreed to. The areas addressed by the agreements and those responsibilities are as follows: Vehicular and Pedestrian Overcrossings (Ortega Highway Bridge) - The State is responsible to maintain the entire Del Obispo Street bridge structure and the pedestrian screening fence, with the exception of the sidewalk pavers requested by the City. City Council Agenda Report December 11, 2012 Pa-ge 2 of 3 The agreements do discuss cost-sharing for this item, which would apply to a situation where a City facility crosses over (or under) a State facility, such as 1-5 at Junipero Serra Road San Juan Creek Road; however, in this instance, both facilities (1-5 and SR-74 Ortega Highway) are State facilities and the State is wholly responsible for the maintenance and cost of each facility. • Soundwalls - The State is not responsible for debris removal, cleaning and painting/graffiti removal on the City's side of any wall. • Pavers - The City is responsible to maintain the sidewalk pavers as outlined in Item 3 and Exhibit B/B1 & B2 of the agreements. This is an additional responsibility to the City from the existing conditions and is consistent with the Cooperative Agreement for Betterment - Sidewalk Pavers, which was approved by City Council on April 3, 2012. • Landscaped Areas Adjacent to Crossing Structures - The City is responsible to maintain any plantings or other types of roadside development lying outside the fenced right-of-way of the freeway. • Interchange Operation - The State is responsible to operate the interchange and ramp connections. • Electrically Operated Traffic Control Devices (Traffic Signals and Safety Lights) The State is responsible for the operation, maintenance, repairs and energy cost of the traffic signals and safety lights and/or other necessary electrically- operated traffic control devices within the interchange. The agreements do discuss cost-sharing for this item, which would apply to a situation where a City street or facility connects with State Route 74 (SR-74) Ortega Highway, such as La Novia Avenue; however, in this instance, both facilities (1-5 Northbound and Southbound Ramps and SR-74 Ortega Highway) are State facilities and the State is wholly responsible for the maintenance and cost. The agreements also stipulate continued control and maintenance of State Route 5 Freeway by Caltrans, and the relocated or reconstructed City streets and roads by the City. FISCAL IMPACT: Once the project is completed (currently scheduled in Spring 2015), there may be increased costs to the operating budget for the maintenance of the sidewalk pavers within both Caltrans and City rights-of-way. That cost is expected to be minimal for the City Council Agenda Report December 11, 2012 Page 3 of 3 first five to seven years following completion. It is possible there may not need to be any additional cost budgeted during this time period. Following that period, there may need to be a nominal increase to the operating budget for paver maintenance. This additional cost would be determined more closely to that budget cycle. This area within Caltrans right-of-way is currently its maintenance responsibility. ENVIRONMENTAL IMPACT: Not applicable. PRIOR CITY COUNCIL REVIEW: At the April 3, 2012, meeting, the City Council approved the following agreements with Caltrans related to the 1-5/Ortega Highway Interchange project: 1. Cooperative Agreement for Storm Water Treatment; 2. Cooperative Agreement for Betterment - Sidewalk Pavers; and, 3. Amended Freeway Agreement. COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS: Not applicable. NOTIFICATION: Not applicable. ATTACHMENT(S): Attachment 1 — Location Map Attachment 2 — Freeway Maintenance Agreement on Route 5 for EA 12-OF96E Attachment 3 — Maintenance Agreement on SR-74 for EA 12-OE310 CITY OF SAN JUAN CAPISTRANO S I y 1-5/Ortega Highway a ' Interchange 0 --- _- -- • go . � I L oeisPO i *� fir' Y,40 T, , O� ., 1YY_YY, G�y i i r N o 0 1,500 3,000 6,000 Feet ATTACHMENT 1 FREEWAY MAINTENANCE AGREEMENT WITH CITY OF SAN JUAN CAPISTRANO THIS AGREEMENT is made and entered into in duplicate, effective this day of 2012, by and between the State of California, acting by and through its Department of Transportation, hereinafter referred to as "STATE and the City of San Juan Capistrano, hereinafter referred to as "CITY; and collectively referred to as "PARTIES." WITNESSETH: A. WHEREAS, on April 17, 2012 a Freeway Agreement was executed between CITY and STATE, wherein the PARTIES consented to certain adjustments of the local street and road system required for the development of that portion of State Highway Route 5 within the jurisdictional limits of the CITY of San Juan Capistrano, as a freeway; and B. WHEREAS, recent adjustments to said freeway have now been completed, or are nearing completion, and the PARTIES hereto mutually desire to clarify and revise the division of maintenance, as defined in section 27 of the California Streets and Highways Code, and their respective responsibilities as to separation structures and local CITY streets and roads, or portions thereof, and landscaped areas lying within or outside those modified freeway limits; and C. WHEREAS, pursuant to Section 7 of the above April 17, 2012 .Freeway Agreement, CITY has resumed or will resume control and maintenance over each of the affected relocated or reconstructed CITY streets, except for those portions adopted as a part or' the freeway proper. NOW THEREFORE: I. CITY agrees to continue their control and maintenance of each of the affected relocated or reconstructed CITY streets and roads as shown on that plan map attached hereto, marked Exhibit A, and made a part hereof by this reference. 2. STATE agrees to continue control and maintenance of portions adopted as a part of State Route 5 Freeway proper as shown Exhibit A. 3. The PARTIES agree to share the maintenance responsibilities on individual infrastructure items as provided in Exhibit B attached and made a part of this Agreement by reference, as long as it is not in conflic,. with the ten-ns of this Agreement. In case of a conflict, the terms of this Agreement shall prevail. 4. In the future, if there is mutual agreement on any change in the maintenance duties between PARTIES, the PARTIES shall revise Exhibit A and /or B, as necessary, by a mutual written execution of Exhibits A and/or li Attachment 2 t 5. When another planned future improvement has been constructed and/or a minor revision has been effected within the limits of the freeway herein described, which will affect the PARTIES' division of maintenance responsibility as described herein, STATE will provide a new dated and revised Exhibit "A," which will be made a part hereof by an amendment to this Agreement when executed by all PARTIES, which will thereafter supersede the attached original Exhibit A and become part of this Agreement. 6. CITY and STATE agree to accept their respective operational and maintenance responsibilities and related associated costs thereof in the event jurisdictional boundaries of the PARTIES should change and Exhibit A is amended to reflect those changes. 7. CITY must obtain the necessary Encroachment Permits from STATE's District 12 Encroachment Permit Office prior to entering STATE right-of-way to perform CITY maintenance responsibilities. This permit will be issued at no cost to CITY. 8. VEHICULAR AND PEDESTRIAN OVERCROSSINGS A. STATE will maintain, at STATE expense, the entire structure of any STATE constructed vehicular and pedestrian overerossings of State Highway and Route 5 below the deck surface except as hereinafter provided. B. CITY will maintain, at C'A'Y expense, the deck and/or surfacing and structural drainage system (and shall perforin such work as may be necessary to ensure an impervious and/or otherwise suitable surface) and all portions of the structure above the bridge deck, including, but without limitation, lighting installations, as well as all traffic service 1',cilities (sidewalks, signs, pavement markings, bridge rails, etc.) that may be required for the benefit or control of traffic using that overcrossing. C. At such locations as shall be determined by STATE, screening shall be placed on STATE freeway overpasses on which pedestrians are allowed as directed by section 92.6 of the Streets and Highways Code. All screens installed under this program will be maintained by STATE, at STATE expense. 9. VEHICULAR AND PEDESTRIAN UNDERCROSSINGS A. STATE will maintain the structure proper of all STATE-constructed vehicular and pedestrian undercrossings of STATE freeways while the roadway sections, including the traveled way, shoulders, curbs, sidewalks, wall surfaces (including eliminating graffiti), drainage installations, lighting installations and traffic service facilities that may be required for the benefit or control of traffic using that undercrossing will be maintained by CITY. 2 B. CITY will request STATE's District Transportation Permit Engineer to issue the necessary Encroachment Permit for any proposed change in minimum vertical clearances between the traveled way portion of the under-roadway surface and the Structure that results from modifications to the under-roadway (except when said modifications are made by STATE). If the planned modifications will result in a reduction in the minimum clearance within the traveled way, an estimate of the clearance reduction must be provided to STATE's District Transportation Permit Engineer prior to starting work. Upon completion of that work, a clearance diagram will be furnished to STATE's District Transportation Permit Engineer that shows revised minimum clearances for all affected movements of traffic, both at the edges of the traveled way and at points of minimum clearance within the traveled way. 10. SOUNDWALLS. Responsibility for debris removal, cleaning and painting to keep CITY's side of any sound wall structure free of debris, dirt, and graffiti shall not lie with STATE. 11. PAVERS Responsibility for the maintenance of interlocking pavers in the sidewalk on the Bridge including but not limited to repairing and replacing them shall lie with CITY and not with STATE. 12. LANDSCAPED AREAS ADJACENT TO CROSSING STRUCTURES Responsibility for the maintenance of any plantings or other types of roadside development lying outside of the fenced right of way area reserved for exclusive freeway use shall lie with CITY and not with STATE. 13. INTERCHANGE OPERATON It is STATE's responsibility to provide efficient operation of freeway interchanges, including ramp connections to local streets and roads. 14. ELECTRICALLY OPERATED TRAFFIC CONTROL DEVICES The cost of installation, operation, maintenance, repairs, replacement and energy costs of safety lighting, traffic signals or other necessary electrically operated traffic control devices placed at interchanges of State Highway Route 5 Freeway and CITY streets and roads and at ramp connections or State Highway Route 5 and CITY facilities shall be shared by the PARTIES under a separate "Shared Cost Electrical Agreement," which was executed on July 1", 1983 between the PARTIES. This agreement shall be revised to include the new electrical inventories. 3 Timing of traffic signals, which shall be coordinated with CITY to the extent that no conflict is created with freeway operations, shall be the sole responsibility of STATE. 15, BICYCLE PATHS Except for bicycle paths constructed as permitted encroachments within STATE's right of way for which the permittee is solely responsible for all path improvements, STATE will maintain, at STATE expense, all fences, guardrailing, drainage facilities, slope and structural adequacy of any bicycle path located and constructed within STATE's right of way. CITY will maintain, at CITY expense, a safe facility for bicycle travel along the entire length of the path by providing sweeping and debris removal when necessary; and all signing and striping and pavement markings required for the direction and operation of that non-motorized facility. 16. LEGAL RELATIONS AND RESPONSIBILITIES: A. 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 a PARTY to the Agreement by imposing any standard of care with respect to the operation and maintenance of STATE highways and local facilities different from the standard of care imposed by law. B. Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by, under or in connection with any work, authority or jurisdiction conferred upon STATE arising under this Agreement. It is understood and agreed that STATE shall fully defend, indemnify and save harmless CITY and all of their officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this Agreement. C. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction conferred upon CITY and arising under this Agreement. It is understood and agreed that CITY shall fully defend, indemnify and save harmless STATE and all of 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 or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this Agreement. 4 D. Insurance CITY and their contractors shall maintain in force, during the term of this agreement, a policy of general liability insurance, including coverage of bodily injury liability and property damage liability, naming the State of California, its officers, agents and employees as the additional insured in an amount of $1 million per person and $2 million in aggregate. Coverage shall be evidenced by a certificate of Insurance in a form satisfactory to Department that shall be delivered to Department with a signed copy of this Agreement. if CITY is self-insured. CITY agrees to deliver evidence of self-insured coverage in a form satisfactory to STATE, along with a signed copy of this Agreement. E. Prevailing Wage Requirements A. Labor Code Compliance: If the work performed on this Project is done under contract and falls within the Labor Code section 1720(a)(1) definition of a "public work" in that it is construction, alteration, demolition, installation, repair or maintenance CITY must conform to the provisions of Labor Code sections 1720 through 1815, all applicable regulations and coverage determinations issued by the Director of Industrial Relations. CITY agrees to include prevailing wage requirements in its contracts for public work. Work performed by CITY's own forces is exempt from the Labor Code's Prevailing Wage requirements. B. Prevailing Wa e Requirements in Subcontracts: CITY shall require its contractors to include prevailing wage requirements in all subcontracts funded by this Agreement when the work to be performed by the subcontractor is a "public work" as defined in Labor Code Section 1720(a)(1). Subcontracts shall include all prevailing wage requirements set forth in CITY's contracts. 17. EFFECTIVE DATE This Agreement shall be effective upon the date appearing on its face, it being urAerstood and agreed, however, that the execution of this Freeway Maintenance Agreement shall not affect any pre-existing obligations of CITY to maintain other designated areas until a written notice from STATE has been issued that work in such areas, which CITY has agreed to maintain pursuant to the terms of a Freeway Agreement. has been completed. 5 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. CITY OF SAN JUAN CAPISTRANO STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION By MAYOR MALCOLM DOUGHERTY Director of Transportation ATTEST: BY By CITY Clerk James Pinheiro Deputy District Director Operations and Maintenance District 12 APPROVED AS TO FORM: APPROVED AS TO FORM & B BY CITY Atto y Attorney Department of Transportation 6 EXHIBIT "A" (Plan map showing State Highway Route 5 Freeway proper and CITY road/facilities ) EXHIBIT "B" (Individual maintenance items that are not provided for in the body of the Agreement.) - '121 Oro 5 6 76/12 SY, I f Sta 671 + 60 Sta 368 +32 ( PM 12 . 51 ) i / ( PM 6 . 76 ) TRABUCO CREEK BRIDGE _ VIA CALIFORNIA OC �c DANA /ST_..ENI LL oRlve uc POINT SAN JUAN CREEK RU UC El IIORN_U STREET UC � EAST CGNNLCIOR UC" i JUNIPERO SERRA ROAD UC% SAN JUAN SAN !;= w CAPISTRANO / MISSION CLEMENTE VIEJO VICINITY MAP FFREEW AY MAINTENANCE AGREEMENT EXHIBIT "A" NO SCALE NOTE: LEGEND- �••i•_' l y, f, ' <.iv M FSl ACCURATE Rldl OF Wv arb ACCESS DATA, COITACi 12 1 bt 15.—71 2. /10.0 CITY :ir I UARPAYC WITHIN s,[6 0.0/0.2 RI L11S OF MAY EHL INEERINL AL iFE DISTRICT OFF ICf. TO BE INT JWX By CITRANJ PILnr 6 MY. -n��i/K+-�o/-g1-IZ TO Bf WINtA1XF0 BY CITY f �1iIE NIAINTGpfAVEM IFIiXIn o<irir c.cYCc. 'RAY r0 8E WLYi AINEO 8i CITY ♦w^c'♦4 n�rt' ,Rq�ga T 1. SEI k'ti t>P� �iSiv%•rwva vu.J`�♦ SXEFtq.2 Yr - 69R .•(A r ( Z SEEfr5#W 5[fa LI`KL i 511,00 / L 1 2021 l-♦ j i __ �r TAXERS •__� ( ''[. / ( 6[}1( r s a '.¢QS,>T ar s��.5p 51 .31 - � j 2 ,.• �S� 1 �`f iR_ff 'I 1� a� Sa b'Fr.-YP!8 20.00.00 nu 95a FR-6 a 6 i 17 Er10� u a _ f ,�r 50 •Ra / _t°R.71. �N T ♦ 11 �_ P / 1 / _ TALO1 'IB \ 2g1.9i GHRu. a' w- _... +a; 6 6- •9553y .� N 6r.-. -E I Is °mffi 6H9 1 R :I isrr, � 8'LINE WESTBOUND`— F - L SAW cur- �T.._ ;. ROUTE >a Ea5T9GfLg0 s I °may ! w� s ;s r Ex�39R f 3 - 1' r n:- -'-� �' /" RCc _NO u'a'f 1h --- P fIS / aseL�uJ I) RA O Rf :rt/ l / 2 LST-�A3 3 9j`Y sE kAe�rs.t B41s?oni EXHIBIT CC7157 yC. P 1J 9s9�- u. :.:.t'n..., xf '. .m,u arsAv+x u:.ua oc♦sty scc;[ - `--- __ .'gr-1 "w..2.c:.;..x. _ 5 x::.uEs c > I I:Y11295E PROJFii M'tlER;iUASF i.00NJ1t2i Y" MAINTENANCE AGREEMENT WITH CITY OF SAN JUAN CAPISTRANO THIS AGREEMENT is made and entered into in duplicate, effective this __day of , 2012, by and between the State of California, acting by and through its Department of Transportation, hereinafter referred to as "STATE and the City of San Juan Capistrano, hereinafter referred to as "CITY"; and collectively referred to as "PARTIES." WITNESSETH: A. WHEREAS, on a Cooperative Agreement was executed between CITY and STATE, wherein the PARTIES consented to certain adjustments of the local street and road system required for the development of that portion of State Route 74 within the jurisdictional limits of the CITY of San Juan Capistrano as a highway; and B. WHEREAS, recent adjustments to said conventional highway have now been completed, or are nearing completion, and the PARTIES hereto mutually desire to clarify and revise the division of maintenance, as defined in section 27 of the California Streets and Highways Code, and their respective responsibilities as to separation structures and local CITY streets and roads, or portions thereof, and landscaped areas lying within or outside those modified highway limits; and C. WHEREAS, pursuant to Section of the above , Cooperative Agreement, CITY has resumed or will resume control and maintenance over each of the affected relocated or reconstructed CITY streets, except for those portions adopted as a part of the conventional highway proper. NOW THEREFORE: 1. CITY agrees to continue their control and maintenance of each of the affected relocated or reconstructed CITY streets and roads as shown on that plan map attached hereto, marked Exhibit A, and made a part hereof by this reference. 2. STATE agrees to continue control and maintenance of those portions adopted as a part of State Route 74 Highway proper as shown Exhibit A. 3. The PARTIES agree to share the maintenance responsibilities on individual infrastructure items as provided in Exhibit B1 and Exhibit B2 collectively referred to as Exhibit B attached and made a part of this Agreement by reference, as long as it is not in conflict with the terms of this Agreement. In case of a conflict, the terms of this Agreement shall prevail. ' Attachment 3 4. In the future, if there is mutual agreement on the change in the maintenance duties between PARTIES, the PARTIES can revise Exhibit A and/or B, as necessary, by a mutual written execution of Exhibits A and B. 5. When another planned future improvement has been constructed and/or a minor revision has been effected within the limits of the conventional highway herein described which will affect the PARTIES' division of maintenance responsibility as described herein, STATE will provide a new dated and revised Exhibit "A," which will be made a part hereof by an amendment to this Agreement when executed by all PARTIES, which will thereafter supersede the attached original Exhibit A and become part of this Agreement. 6. CITY and STATE agree to accept their respective operational and maintenance responsibilities and related associated costs thereof in the event jurisdictional boundaries of the PARTIES should change and Exhibit A is amended to reflect those changes. 7. CITY must obtain the necessary Encroachment Permits from STATE's District 12 Encroachment Permit Office prior to entering STATE right-of-way to perform CITY maintenance responsibilities. This permit will be issued at no cost to CITY. S. VEHICULAR AND PEDESTRIAN OVERCROSSINGS A. STATE will maintain, at STATE expense, the entire structure of any STATE constructed vehicular and pedestrian overcrossings of State Route 74 below the deck surface except as hereinafter provided. B. CITY will maintain, at CITY expense, the deck and/or surfacing and structural drainage system (and shall perform such work as may be necessary to ensure an impervious and/or otherwise suitable surface) and all portions of the structure above the bridge deck, including, but without limitation, lighting installations, as well as all traffic service facilities (sidewalks, signs, pavement markings, bridge rails, etc.) that may be required for the benefit or control of traffic using that overcrossing. C. At such locations as shall be determined by STATE, screening shall be placed on STATE freeway overpasses on which pedestrians are allowed as directed by section 92.6 of the Streets and Highways Code. All screens installed under this program will be maintained by STATE, at STATE expense. 9. VEHICULAR AND PEDESTRIAN UNDERCROSSINGS A. STATE will maintain the structure proper of all STATE-constructed vehicular and pedestrian undercrossings of STATE freeways while the roadway sections, including the traveled way, shoulders, curbs, sidewalks, wall surfaces (including eliminating graffiti), drainage installations, lighting installations and traffic service facilities that may be required for the benefit or control of traffic using that undercrossing will be maintained by CITY. 2 B. CITY will request STATE's District Transportation Permit Engineer to issue the necessary Encroachment Permit for any proposed change in minimum vertical clearances between the traveled way portion of the under-roadway surface and the Structure that results from modifications to the under-roadway (except when said modifications are made by STATE). If the planned modifications will result in a reduction in the minimum clearance within the traveled way, an estimate of the clearance reduction must be provided to STATE's District Transportation Permit Engineer prior to starting work. Upon completion of that work, a clearance diagram will be furnished to STATE's District Transportation Permit Engineer that shows revised minimum clearances for all affected movements of traffic, both at the edges of the traveled way and at points of minimum clearance within the traveled way. 10. SOUNDWALLS Responsibility for debris removal, cleaning and painting to keep CITY's side of any sound wall structure free of debris, dirt and graffiti shall not lie with STATE. 11. PAVERS Responsibility for the maintenance of interlocking Pavers in the sidewalk on the bridge and in the sidewalk along State Route 74 leading west, to the CITY downtown as shown in Exhibit B, including but not limited to repairing and replacing them shall lie with CITY and not with STATE. 12. LANDSCAPED AREAS ADJACENT TO CROSSING STRUCTURES Responsibility for the maintenance of any plantings or other types of roadside development lying outside of the fenced right of way area reserved for exclusive freeway use shall lie with CITY and not with STATE. 13. INTERCHANGE OPERATON It is STATE's responsibility to provide efficient operation of freeway interchanges, including ramp connections to local streets and roads. 14. ELECTRICALLY OPERATED TRAFFIC CONTROL DEVICES The cost of installation, operation, maintenance, repairs, replacement and energy costs of safety lighting, traffic signals or other necessary electrically operated traffic control devices placed at interchanges of State Route 74 Highway and CITY streets and roads and at ramp connections or State Route 74 and CITY facilities shall be shared by the PARTIES under a separate "Shared Cost Electrical Agreement" which was executed on July 151, 1983 between the PARTIES. This agreement shall be revised to include the new electrical inventories. 3 Timing of traffic signals, which shall be coordinated with CITY to the extent that no conflict is created with the conventional highway operations, shall be the sole responsibility of STATE. 15. BICYCLE PATHS Except for bicycle paths constructed as permitted encroachments within STATE's right of way for which the permittee is solely responsible for all path improvements, STATE will maintain, at STATE expense, all fences, guardrailing, drainage facilities, slope and structural adequacy of any bicycle path located and constructed within STATE's right of way. CITY will maintain, at CITY expense, a safe facility for bicycle travel along the entire length of the path by providing sweeping and debris removal when necessary; and all signing and striping and pavement markings required for the direction and operation of that nonmotorized facility. 16. LEGAL RELATIONS AND RESPONSIBILITIES: A. 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 a PARTY to the Agreement by imposing any standard of care with respect to the operation and maintenance of STATE highways and local facilities different from the standard of care imposed by law. B. Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by, under or in connection with any work, authority or jurisdiction conferred upon STATE arising under this Agreement. It is understood and agreed that STATE shall fully defend, indemnify and save hannless CITY and all of their officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this Agreement. C. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction conferred upon CITY and arising under this Agreement. It is understood and agreed that CITY shall fully defend, indemnify and save harmless STATE and all of 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 or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this Agreement. 4 D. Insurance CITY and their contractors shall maintain in force, during the term of this agreement, a policy of general liability insurance, including coverage of bodily injury liability and property damage liability, naming the State of California, its officers, agents and employees as the additional insured in an amount of $1 million per person and $2 million in aggregate. Coverage shall be evidenced by a certificate of Insurance in a form satisfactory to Department that shall be delivered to Department with a signed copy of this T Agreement.in the a'a�,EAiv e, if CITY is self-insured. CITY agrees to deliver evidence of self-insured coverage in a form satisfactory to STATE, along with a signed copy of this Agreement. E. Prevailing Wage Requirements a. Labor Code Compliance: If the work performed on this Project is done under contract and falls within the Labor Code section 1720(a)(1) definition of a "public work" in that it is construction, alteration, demolition, installation, repair or maintenance CITY must conform to the provisions of Labor Code sections 1720 through 1815, all applicable regulations and coverage determinations issued by the Director of Industrial Relations. CITY agrees to include prevailing wage requirements in its contracts for public work. Work performed by CITY'S own forces is exempt from the Labor Code's Prevailing Wage requirements. b. Prevailing Wage Requirements in Subcontracts: CITY shall require its contractors to include prevailing wage requirements in all subcontracts funded by this Agreement when the work to be performed by the subcontractor is a "public work" as defined in Labor Code Section 1720(a)(1). Subcontracts shall include all prevailing wage requirements set forth in CITY's contracts. 17. EFFECTIVE DATE This Agreement shall be effective upon the date appearing on its face, it being understood and agreed, however, that the execution of this Maintenance Agreement shall not affect any pre-existing obligations of CITY to maintain other designated areas until a written notice from STATE has been issued that work in such areas, which CITY has agreed to maintain pursuant to the terms of a Highway Agreement, has been completed. 5 f IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. CITY OF SAN JUAN CAPISTRANO STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION By MAYOR MALCOLM DOUGHERTY Director of Transportation ATTEST: BY By CITY Clerk James Pinheiro Deputy District Director Operations and Maintenance District 12 APPROVED AS TO FORM: APPROVED AS TO FORM & By By CI Attorn Attorney Department of Transportation 6 EXHIBIT "A" (Plan map showing State Route 74 Highway proper and CITY road/facilities) EXHIBIT "B" This Exhibit includes Exhibit B 1 and Exhibit 132. 7 it Ora urt "0.00.1 i 1 BEGIN WORK AND CONSTRUCTION (ROUT 4) Sts "B" 11+05.70 PM 0.0 m .� lO� •AN JUAN zmmUri_ o,. CAPISTRANO w �' \ ii IRlNSRJyf°i1W I°ixplli.1°Ci1I LCIRpLINt R.11Lft4 .vb Lwt�uP15t° Jto s� C"lw c Rism° 4t tu w �E �Dj4�jb ♦ r=i as RO,1 v6�p 'A-LINE t s NOR AAkIM LINE pp . iOa- I . .r�y sn� NS � tVENIM OCL CLB4t0 \ END CONSTRUCTION III UTE 74) Sts "B" 22+20 PM 0.2 ,. VICINITY MAP FREEWAY MAINTENANCE AGREEMENT EXHIBIT 'A" 40 SCALE T L RIG T Of WAY Plpi CS y4T DATA DISTRICT T 131 Or0,010.3 FOR CUSAIE RIGHT 4i iNE D STPICt 6fICE. _ �Q 1 LEGEND Ji[Rp v GVL1,t[nz .,u6 T p/m TEPIOCKihG p1YEM AMIN CIus urr_v YCl4 CITY pP S4h]DW CAPISTRAND RIGHT OF tai, ` TO BE WINTAPSO BT CITY F /�-��-. I INiEPICCKINA PAYERS WITHIN r - •errs�.v STATE RIGH(i yltidrididi„< TO Rf WINTXIWD B� CITY L %•}� .. _ __. „ m m e � 4 _• y_ 537 If 5.00.00 l Jr �.- Le'H'3 ao.go 4 3 �0i Px:R SYO <r Req 1NTE410CKI LPAYG0.5i &0 COPi iYPt 13-8IRG[I ' j _ j_ aRIIRr, yER$ _ i r 1.45.35 i m — 1� 5 1 � \\\ ]piNiEp1;OLK(NO S1flI52II. rr su!"EIrAtw'r-:s.= IV I I J & CURB A .e WQ.�IIE RAW _WI.SL W t0 y_ LMEW DL A. tALt XO 8p 9 I,:J..Ikg 3 COWECi1i0 AvEww CN YOPY WE .•1. Bi - fAp EJ n ?Ie5// ... ^ � CN 143• y 19I,nRt9�6�02-1> I fi.3h�yi6 _ y,E y3L6 `K-_, `3 EM IlYERLCthIRL FIVERS / 'I'S. .63 EXHIBIT LCn�JJ h _. EXHIBIT d 1' N j WTM 11M 10 SHEET L-J ug MTERLUKM PAYERS eo' eovc.u5i 111.x5 I➢IIT 2991 POACT NWRER t PHASE 12000001021 ROTE: JOE GGENDZ5 r SPA ^o I iqi ACCOA;iL fllGli OF Nb AHp ACCESS DATA, Oro , CONTACT INIERLW.ING PAYERS NITNIX '0.0]0.2 1 RI WT CC WAY ENCINFEAI HG AT THE DISTRICT OFFICE. CITY C6 SO NAX CAPISTRANO RIGHT a SAY, / 92-41-tP.r•aei� y TO BE WTWAIREO RY CITY anon v.n nclrcn R.rt _ IN3ERLOCSIBO PAVERS WITHIN STATE PINT K NAY, g r TO BE WIHTAINEO BY CITY nus Arrwvr o.rc ,'\' '0 V♦lE vma rSa y Sl241N5. m Y 3 i EF SXEEISl�WO WiESXf E`522. n � 2 - ... P EAz y 95 _ MOLT 'Re�f' 1'36.31 • ' �J W.{LR i . 3 .. IS 5 .;• w IS 3 ' '� 1q_yS �_ \P]29rB5� J.IJ6'it• B'2W00.00 `s ,. _ � f :6 ' 1 •p(1 I' ( B..LYPE A2-8 -a $� 1—• _ R i� [I^B uk..... 3 1 Rtt an T3NE TG95 'B-U - MESTBON D F - - / - c°• 7- �..` T♦ SAH wr .. 1 5p.w .-j_�YJ — l � -- __. .. ROUTE 74 -� EASi8O11tID 4 / . >•A rCN tINE •.h 5r Z � Rj' _ - :51♦. .62�[,� ��/ � _^_I j i � 2Q SC£SX[£i IL 30p [• - ! rr�r P' A ���.fF 3i .E q 3: l —'I j ksW D Y♦]�lr / 2 A39591 Reh"N' -r e� / f ✓ :. YL!'a'Ei�sn° 'A-0ls�4 is 9�9g'� / &,616.50 • •a �f R\ 9" E. EXHIBIT "W" 3Y Bag 3 _ ll�� eWu<[yt 4avlxior p'FAn,rat- we..p. qunrc ¢ [Pili _ -_ 299A PRJJECi liig[R 6 Pxa$E 12W0ppi021 STATE OF CALIFORNIA--BUSINESS TRANSPORTATION AND HOUSING AGFNCY MUT NQ BROWNJR G DEPARTMENT OF TRANSPORTATION 3347 MICHELSON DRIVE, SUITE 100 ► IRVINE, CA 92612-8894 PHONE: (949)724-2659 FAX: (949) 724-2623 I TTY: (949)756-7813 Flex your power Be energy efficient! Nov. 02, 2012 PUBLIC WORKS DEPARTMENT NOV - 7 2012 Mr. Jim Ross Public Works Director ciTv of al!IIdUANCAPI6TRAN0 City of San Juan Capistrano 32400 Paseo Adelanto Sun Juan Capistrano, CA 92675 Re: Freeway Maintenance Agreement on Route 5 for EA 12-OF96E and Maintenance Agreement on SR 74 for EA 12- OE310 with City of San Juan Capistrano Dear Mr. Ross: Enclosed are three (3) copies of the above referenced Agreement for City's signatures. Please provide us three (3) wet ink copies, one original copy will be send back to City for your filing. If you have any questions,please contact Khaleda Akans at (949) 440-4440. Sincerely, Massoud Tap k, Chief, Maintenance Engineering Branch Today's Date: 11/21/2012 FINAL CONTRACT TRANSMITTAL COUNCIL MEETING DATE (if applicable): 12/11/2012 ❑✓ Reviewed as to form by City Attorney and date approved 21 2b12 Project Manager's Last Name: Oswald Phone Extension:6356 CIP No. (if any): APPROVING AUTHORITY: (Check One) W] Mayor ❑ SACRA Chair ❑ City Manager ❑ Oversight Board Chair ❑ SJCHA Chair Provide (1) executed original contract for each signing party, including the City. If the agreement is to be recorded — only (1) original will be recorded with certified copies going to other parties. Please provide the mailing address of any party to receive an agreement — unless the mailing address is included within the body of the agreement: Names Street City St I Zi See Cover Letter OTHER INSTRUCTIONS: Form Date:912012 D- 7