08- SBD-083-0.159/6.41
EA 1L100
Project ID 0819000156
Agreement 08-1799
01225.0006 2006526.1 1
RELINQUISHMENT AGREEMENT
(STATE HIGHWAY)
This AGREEMENT, executed on and effective from ___________, is between the State of California, acting through its Department of Transportation, referred to as CALTRANS, and:
City of Chino, a municipal corporation of the State of California, referred to hereinafter as CITY.
RECITALS
1. CALTRANS and CITY, pursuant to California Streets and Highways Code Sections 73 & 383, are authorized to enter into a cooperative agr eement in order to relinquish to CITY a portion of a State Highway within CITY’s jurisdiction.
2. CALTRANS intends to relinquish to CITY that portion of State Route (SR) 83 from SR 71 to Riverside Drive as shown in Exhibit A-1 throu gh A-5, which are attached to and made a part of this AGREEMENT, referred to hereinaf ter as RELINQUISHED FACILITIES. This relinquishment is based on Legisla tive Enactment. CITY is willing to accept said RELINQUISHED FACILITIES upon approval b y the California Transportation Commission (CTC) of a Resolution of Relinquishment and CALTRANS’s recording of said Resolution with the County Recorder’s Office.
3. CALTRANS and CITY agree that RELINQUISHED FACILITIES are currently in a state of good repair. CALTRANS and CITY have negotiated a n understanding that CITY will accept and assume full maintenance, ownership, resp onsibility, control and liability in perpetuity over the RELINQUISHED FACILITIES in exch ange for the payment of $15,885,000 or some other allocation made by the CT C that is deemed to be in the best interest of CALTRANS.
4. CALTRANS and CITY, individually referred to as PARTY and collectively referred to as PARTIES, herein intend to define the terms and conditions under which relinquishment of the RELINQUISHED FACILITIES is to be accomplished.
DRAFT
EXHIBIT C
08- SBD-083-0.159/6.41
EA 1L100
Project ID 0819000156
Agreement 08-1799
01225.0006 2006526.1 2
SECTION I
CITY AGREES:
1. Execution of this AGREEMENT constitutes CITY’s waiv er of CALTRANS’s obligation to provide ninety (90) days prior notice of CALTRAN S’s "Intention to Relinquish" as set forth in Streets and Highways Code Section 73.
2. To accept the allocation determined by the CTC as CALTRANS' only payment obligation for the RELINQUISHED FACILITIES. CITY will invoice CALTRANS after the day of the funding approval by the CTC.
3. To accept ownership, including all of CALTRANS’s cu rrent obligations, rights, title and interest in RELINQUISHED FACILITIES upon recordatio n of the CTC’s Resolution of Relinquishment in the County Recorder’s Office and to thereafter operate, maintain, and be liable for RELINQUISHED FACILITIES at no additional cost to CALTRANS.
4. To accept the RELINQUISHED FACILITIES in their current environmental condition and setting, including but not limited to, the presence of hazardous materials as described in the Environmental Disclosure Memo (EDM): Relinquish ment Rel-#509-S dated April 2, 2025 and Caltrans CEQA Determination from Categoric ally Exempt (CE) dated January 23, 2025. CITY has received and reviewed a copy of the above-referenced EDM and CE.
It is understood that within one year prior of the CTC date of approval of the resolution of relinquishment, CALTRANS will conduct a review of the above-referenced EDM and CE and if it determines that there is substantive or p otentially substantive adverse change to the environment that did not exist at the time of t he above-referenced EDM and CE, CALTRANS shall immediately notify CITY of said chan ges. If no substantive or potentially substantive adverse change to the environment is found to exist, acceptance of the relinquishment in its current environmental condition shall remain in effect. Copies of the above-referenced EDM and CE and any updates are available at the district environmental office. Upon recordation of the CTC’s Resolution of Relinquishment in the County Recorder’s Office, CALTRANS will not be resp onsible for any present or future remediation of said hazardous materials.
EXHIBIT C
DRAFT
08- SBD-083-0.159/6.41
EA 1L100
Project ID 0819000156
Agreement 08-1799
01225.0006 2006526.1 3
SECTION II
CALTRANS AGREES:
1. To relinquish, upon the approval of the CTC’s Resol ution of Relinquishment, the RELINQUISHED FACILITIES.
2. To forward and support CITY’s request to the CTC for the allocation of $15,885,000, with the expectation that the CTC will determine that this or some other allocation is in the best interest of CALTRANS. CALTRANS agrees to pay CITY, within forty-five (45) days of funding approval by the CTC, the amount of $15,885,000, or any other allocation approved by the CTC. The payment of those funds will represe nt CALTRANS' only payment obligation for the purpose of the RELINQUISHED FACILITIES.
3. To submit the CTC Resolution of Relinquishment to t he County Recorder’s Office for recording.
4. Upon recordation of this relinquishment and CITY’s specific request, to transfer to CITY within sixty (60) days of such request, copies of a vailable CALTRANS records and files for the RELINQUISHED FACILITIES, such as plans, sur vey data and right-of-way information.
SECTION III
IT IS MUTUALLY AGREED:
1. All portions of this AGREEMENT, including the Recitals section, are enforceable.
2. All CALTRANS’ obligations and commitments under the terms of this AGREEMENT are subject to the appropriation of resources by the Le gislature, State Budget Act authority, programming, and allocation of funds by the Califor nia Transportation Commission (CTC).
3. CALTRANS reserves the right to enter, at no cost to CALTRANS, the RELINQUISHED FACILITIES, to modify or add signage, drainage, and other improvements necessary for State Highway operations. CITY agrees to allow CALTRANS access to operate, maintain, add, remove, or modify CALTRANS’ facilities retaine d in those RELINQUISHED FACILITIES through a no fee permit.
EXHIBIT C
DRAFT
08- SBD-083-0.159/6.41
EA 1L100
Project ID 0819000156
Agreement 08-1799
01225.0006 2006526.1 4
4. CITY shall fully defend, indemnify and save harmles s CALTRANS and all of its officers and employees from all claims, suits or actions rel ated 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 the EDM dated April 2, 2025 and CE dated January 23, 2025, provided that the actions, events, injuri es, damages, or losses giving rise to any claims, suits or actions occurred on or arise after the date of the recordation of the CTC’s Resolution of Relinquishment.
5. CALTRANS shall fully defend, indemnify and save har mless CITY and all of its officers and employees from all claims, suits or actions rel ated 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 the EDM dated April 2, 2025 and CE dated January 23, 2025, 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 CTC’s Resolution of Relinquishment.
6. Neither CALTRANS nor any officer or employee thereo f is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CITY, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority or jurisdiction conferred upon CITY under this AGREEMENT. It is understood and agreed that CITY, to the extent permitted by la w, will defend, indemnify and save harmless CALTRANS and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth u nder, 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 CI TY, its contractors, sub-contractors, and/or its agents under this AGREEMENT.
7. Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or o mitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents und er or in connection with any work, authority or jurisdiction conferred upon CALTRANS u nder this AGREEMENT. It is understood and agreed that CALTRANS, to the extent permitted by law, will defend, indemnify and save harmless CITY and all its officers and employees from all claims, suits or actions of every name, kind and description brou ght forth under, but not limited to, tortious, contractual, inverse condemnation or othe r 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.
EXHIBIT C
DRAFT
08- SBD-083-0.159/6.41
EA 1L100
Project ID 0819000156
Agreement 08-1799
01225.0006 2006526.1 5
8. 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.
9. This AGREEMENT shall terminate upon recordation of the CTC’s Resolution of Relinquishment for the RELINQUISHED FACILITIES in t he County Recorder’s Office and payment by CALTRANS of $15,885,000 or any other allocation made by the CTC to CITY, except for those provisions which relate to i ndemnification, ownership, operation, and maintenance, which shall remain in effect until terminated or modified in writing by mutual agreement.
EXHIBIT C
DRAFT
08- SBD-083-0.159/6.41
EA 1L100
Project ID 0819000156
Agreement 08-1799
01225.0006 2006526.1 6
CONTACT INFORMATION
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 CHINO
Project Manager: Alberto Espinoza, Deputy Director of Public Works/City Engineer
Phone Number: (909) 334-3428
E-mail: [email protected]
Billing Address: 13220 Central Avenue, Chino 91710
CALTRANS
Project Manager: Mohammed H. Rahman, Project Manager
Phone Number: (909) 501-9320
E-mail: [email protected]
EXHIBIT C
DRAFT
08- SBD-083-0.159/6.41
EA 1L100
Project ID 0819000156
Agreement 08-1799
01225.0006 2006526.1 7
SIGNATURES
PARTIES are authorized to enter into this AGREEMENT and have delegated to the undersigned the authority to execute this AGREEMENT on behalf o f the respective agencies and hereby covenants to have followed all the necessary legal requirements to validly execute this AGREEMENT. By signing below, the PARTIES each expre ssly agree to execute this AGREEMENT electronically.
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.
STATE OF CALIFORNIA
DEPARTMENT OF
TRANSPORTATION
By: _______________________________
Catalino A. Pining III
District Director
VERIFIED OF FUNDS & AUTHORITY:
By: _______________________________
Karem Evans
District Budget Manager (Acting)
By: _______________________________
Attorney
Department of Transportation
CITY OF CHINO
By: _______________________________
Dr. Linda Reich
City Manager
By: _______________________________
Hye Jin Lee, P.E.
Public Works Director
Attest: ______________________________
Natalie Gonzaga
City Clerk
By: _______________________________
Fred Galante
City Attorney
EXHIBIT C
DRAFT
08- SBD-083-0.159/6.41
EA 1L100
Project ID 0819000156
Agreement 08-1799
01225.0006 2006526.1 8
CERTIFIED AS TO FINANCIAL TERMS
AND POLICIES:
By: _____________________________
Darwin Salmos
HQ Accounting Supervisor
EXHIBIT C
DRAFT
0.20/6.41
DEPARTMENT OF TRANSPORTATION
CALIFORNIA STATE TRANSPORTATION AGENCY
STATE OF CALIFORNIA
08 SBD 83
SHEET PMROUTECOUNTYDISTRICT EXHIBIT
ACCESS CONTROL
STATE R/W &
EXISTING
1" = 5000 FEET
1" = 5000 FEET
OF THE RELATED CTC RESOLUTION OF RELINQUISHMENT
THIS RELINQUISHMENT IS NOT COMPLETE UNTIL RECORDATION
RELINQUISHMENT
PROPOSED
OF THE RELATED CTC RESOLUTION OF RELINQUISHMENT
THIS RELINQUISHMENT IS NOT COMPLETE UNTIL RECORDATION
RELINQUISHMENT NOTES
LEGEND
EXHIBIT A-1
TO THE CITY OF CHINO
RELINQUISHMENT 509-S
PROPOSED
EXHIBIT A-1
A-1
TOTAL
1 OF 5
CHINO LIMITS PER SBC LAFCO RECORDS
2. THIS RELINQUISHMENT IS SUBJECT TO THE FINAL DETERMINATION OF THE CITY OF CTC RESOLUTION RECORDED AS O.R. BK 2921, PG 150 ON 9-3-1959 SBC RECORDS.
BERNARDINO PER REL NO. 88-S. SEE SHMBK 3, PGS 40-44 REC ON 2-16-1959.
1. PINE AVENUE WAS RELINQUISHED AS SUPERSEDED SR-77A TO THE COUNTY OF SAN SR-83 PM 0.197
RELINQUISHMENT
PROPOSED
BEGIN
SR-83 PM 6.41
CITY OF CHINO LIMITS
RELINQUISHMENT
PROPOSED
TERMINUS
ONTARIO
CITY OF
EXHIBIT "A-3"
SEE
EXHIBIT "A-4"
SEE
EXHIBIT "A-5"
SEE
AVENUEMERRILL AVENUE
EUCALYPTUS AVENUE
SCHAEFER
DRIVE
RIVERSIDE
ROUTE 60
STATE AVENUE
BICKMORE
ONTARIO
CITY OF
CHINO
CITY OF
ONTARIO
CITY OF
CHINO
CITY OF
CHINO
CITY OF
CHINO
CITY OF
EXHIBIT "A-2"
SEE
EUCLID AVENUE
ROUTE 83
STATE
ROUTE 60
STATE
ROUTE 71
STATE
A
V
E
N
U
E
P
IN
E
R
A
N
C
H
R
O
A
D
B
U
T
T
E
R
F
IE
L
D
L
IM
IT
S
C
O
U
N
T
Y
SAN BERNARDINO
COUNTY OF
LIMITS
COUNTY
SAN BERNARDINO
COUNTY OF
RIVERSIDE
COUNTY OF
CHINO HILLS
CITY OF
ROAD
POMONA RINCON
DRAFT
0.20 DEPARTMENT OF TRANSPORTATION
CALIFORNIA STATE TRANSPORTATION AGENCY
STATE OF CALIFORNIA
08 SBD 83
SHEET PMROUTECOUNTYDISTRICT EXHIBIT
ACCESS CONTROL
STATE R/W &
EXISTING
1" = 600 FEET
1" = 600 FEET
OF THE RELATED CTC RESOLUTION OF RELINQUISHMENT
THIS RELINQUISHMENT IS NOT COMPLETE UNTIL RECORDATION
RELINQUISHMENT
PROPOSED
RELINQUISHMENT NOTES
LEGEND
EXHIBIT A-2
TO THE CITY OF CHINO
RELINQUISHMENT 509-S
PROPOSED
EXHIBIT A-2
A-2
TOTAL
2 OF 5
S
E
E
E
X
H
IB
IT
A
-
3 C
O
N
T
IN
U
E
S
R
E
L
IN
Q
U
IS
H
M
E
N
T
P
R
O
P
O
S
E
D
SR-83 PM 0.197
RELINQUISHMENT
PROPOSED
BEGIN
ROUTE 71
STATE
ROUTE 71
STATE
SR-83 PM 0.00
SR-71 PM 7.98
SR-71/SR-83
JUNCTION
1039.53'
SEE CT 67201-01
O/S 196.40' RT
O/S 86.00' LT
STA 35+69.62
ACCESS CONTROL R/W
END SR-71
EUCLID AVENUE
ROUTE 83
STATE
1 4
1 '
1 0
0 '
1 6
6 '
ACCESS CONTROL
EXIST R/W &
ACCESS CONTROL
EXIST R/W &
1 4
1 '
EXIST R/W
EXIST R/W
APN 1057-241-02
USACE
APN 1057-241-01
USACE
APN 1057-201-02
USACE
APN 1057-251-01
USACE
ROAD
RINCON
POMONA
APN 1057-251-02
USACE
BOUNDARY
PER SBC ASSESSOR. BOTH PARCELS ARE OUTSIDE THE RELINQUISHMENT
THE CITY OF CHINO HILLS APPEARING WITHIN CITY OF CHINO LIMITS
2. ASSESSOR'S PARCELS 1057-262-06 & 08 ARE BOTH ASSESSED TO LAFCO RECORDS.
OF THE CITY OF CHINO LIMITS TO BE ESTABLISHED FROM SBC
1. THIS RELINQUISHMENT IS SUBJECT TO THE FINAL DETERMINATION 201-02
APN 1057-
USACE
391-01
APN 1056-
USACE
1 0
0 '
(VAC)
PIONEER ST
APN 1057-251-02
USACE
APN 1056-391-01
USACE
1057-251-02
-03
1057-251
1057-263-03
CHINO
CITY OF
CHINO HILLS
CITY OF
CHINO
CITY OF
USACE
ENGINEERS
ARMY CORPS OF
UNITED STATES
PIONEER ST (VAC)
CHINO
CITY OF
1057-251-02
1057-201-01
DRAFT
1.89 DEPARTMENT OF TRANSPORTATION
CALIFORNIA STATE TRANSPORTATION AGENCY
STATE OF CALIFORNIA
08 SBD 83
SHEET PMROUTECOUNTYDISTRICT EXHIBIT
ACCESS CONTROL
STATE R/W &
EXISTING
1" = 600 FEET
1" = 600 FEET
OF THE RELATED CTC RESOLUTION OF RELINQUISHMENT
THIS RELINQUISHMENT IS NOT COMPLETE UNTIL RECORDATION
RELINQUISHMENT
PROPOSED
RELINQUISHMENT NOTES
EXHIBIT A-3
TO THE CITY OF CHINO
RELINQUISHMENT 509-S
PROPOSED
EXHIBIT A-3
A-3
TOTAL
3 OF 5
LAFCO RECORDS.
OF THE CITY OF CHINO LIMITS TO BE ESTABLISHED FROM SBC
1. THIS RELINQUISHMENT IS SUBJECT TO THE FINAL DETERMINATION S
E
E
E
X
H
IB
IT
A
-
2 C
O
N
T
IN
U
E
S
R
E
L
IN
Q
U
IS
H
M
E
N
T
P
R
O
P
O
S
E
D
S
E
E
E
X
H
IB
IT
A
-
4 C
O
N
T
IN
U
E
S
R
E
L
IN
Q
U
IS
H
M
E
N
T
P
R
O
P
O
S
E
D
AVENUE
BICKMORE
A
V
E
N
U
E
P
IN
E
AVENUE
BICKMORE
A
V
E
N
U
E
P
IN
E
SR-83 PM 1.89
PINE AVENUE
RELINQUISHMENT
PROPOSED
CONTINUATION
EUCLID AVENUE
ROUTE 83
STATE
200'
100'
100'
100'
116'
1 0
0 '
1 1
6 '
1 0
0 '
1 4
1 '
APN 1056-391-01
USACE
OCFCD
OCFCDOCFCD
SR-83 PM 1.63
END LANDS OF USACE
RELINQUISHMENT
PROPOSED
CONTINUATIONAPN 1056-391-01
USACE
APN 1056-391-02
USACE
APN 1056-392-01
USACE
APN 1057-201-02
USACE
APN 1057-201-02
USACE
USACE
OF ENGINEERS
ARMY CORPS
UNITED STATES
OCFCD
OCFCD
LEGEND
DISTRICT
FLOOD CONTROL
ORANGE COUNTY
CHINO
CITY OF
CHINO
CITY OF
CHINO
CITY OF
CHINO
CITY OF
OCFCD
SR-83 PM 2.06
END ACCESS CONTROL
DRAFT
3.92 DEPARTMENT OF TRANSPORTATION
CALIFORNIA STATE TRANSPORTATION AGENCY
STATE OF CALIFORNIA
08 SBD 83
SHEET PMROUTECOUNTYDISTRICT EXHIBIT
ACCESS CONTROL
STATE R/W &
EXISTING
1" = 600 FEET
1" = 600 FEET
OF THE RELATED CTC RESOLUTION OF RELINQUISHMENT
THIS RELINQUISHMENT IS NOT COMPLETE UNTIL RECORDATION
RELINQUISHMENT
PROPOSED
RELINQUISHMENT NOTES
LEGEND
EXHIBIT A-4
TO THE CITY OF CHINO
RELINQUISHMENT 509-S
PROPOSED
EXHIBIT A-4
A-4
TOTAL
4 OF 5
AVENUEMERRILL
AVENUE
E
U
C
A
L
Y
P
T
U
S
SR-83 PM 3.92
WEST HALF ONLY
BEGIN
RELINQUISHMENT
PROPOSED
CONTINUATION OF
EUCLID AVENUE
ROUTE 83
STATE
AVENUE
E
U
C
A
L
Y
P
T
U
S
100'
100'
200'
S
E
E
E
X
H
IB
IT
A
-
5 C
O
N
T
IN
U
E
S
R
E
L
IN
Q
U
IS
H
M
E
N
T
P
R
O
P
O
S
E
D
CHINO
CITY OF
ONTARIO
CITY OF
CHINO
CITY OF
AIRPORT
CHINO
LAFCO RECORDS.
OF THE CITY OF CHINO LIMITS TO BE ESTABLISHED FROM SBC
1. THIS RELINQUISHMENT IS SUBJECT TO THE FINAL DETERMINATION 100'
100'
S
E
E
E
X
H
IB
IT
A
-
3 C
O
N
T
IN
U
E
S
R
E
L
IN
Q
U
IS
H
M
E
N
T
P
R
O
P
O
S
E
D
SR-83 PM 3.92
FILED IN SHMB 19, PGS 41-44 SBC
AS DOC NO 2024-0068233 AND
SEE MAP REC MARCH 26, 2024
EAST HALF ONLY
TO THE CITY OF ONTARIO
REL 508-S TERMINUS
ONTARIO
CITY OF
CHINO
CITY OF
DRAFT
6.41 DEPARTMENT OF TRANSPORTATION
CALIFORNIA STATE TRANSPORTATION AGENCY
STATE OF CALIFORNIA
08 SBD 83
SHEET PMROUTECOUNTYDISTRICT EXHIBIT
ACCESS CONTROL
STATE R/W &
EXISTING
1" = 600 FEET
1" = 600 FEET
OF THE RELATED CTC RESOLUTION OF RELINQUISHMENT
THIS RELINQUISHMENT IS NOT COMPLETE UNTIL RECORDATION
RELINQUISHMENT
PROPOSED
OF THE RELATED CTC RESOLUTION OF RELINQUISHMENT
THIS RELINQUISHMENT IS NOT COMPLETE UNTIL RECORDATION
RELINQUISHMENT NOTES LEGEND
EXHIBIT A-5
TO THE CITY OF CHINO
RELINQUISHMENT 509-S
PROPOSED
EXHIBIT A-5
A-5
TOTAL
5 OF 5
EUCLID AVENUE
ROUTE 83
STATE
DRIVE
RIVERSIDE
S
E
E
E
X
H
IB
IT
A
-
4 C
O
N
T
IN
U
E
S
R
E
L
IN
Q
U
IS
H
M
E
N
T
P
R
O
P
O
S
E
D
DRIVE
RIVERSIDE
SR-83 PM 7.15
FILED IN SHMB 19, PGS 41-44 SBC
AS DOC NO 2024-0068233 AND
SEE SHMB REC ON MARCH 26, 2024
TO THE CITY OF ONTARIO
REL 508-S TERMINUS
S
T
A
T
E
R
O
U
T
E
60 ONTARIO
CITY OF
CITY OF CHINO LIMITS PER SBC LAFCO RECORDS.
1. THIS RELINQUISHMENT IS SUBJECT TO THE FINAL DETERMINATION OF THE CHINO
CITY OF
ONTARIO
CITY OF
ONTARIO
CITY OF
SR-83 PM 6.41
CITY OF CHINO LIMITS
RELINQUISHMENT 509-S
TERMINUS PROPOSED
200'
100'100'
DRAFT