HomeMy WebLinkAboutMINUTES - 02281984 - 1.18 THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on February 28, 1984 by unanimous vote:
AYES: Supervisors Powers , Paliclen, Schro(lcrhCa}: , Torla).J )n
NOES: None
ABSENT: None
RESOLUTION NO. 84/ 1-46
(Government Code Sec. 25550.5)
Approving Conveyance of
SUBJECT: Various County Properties
CSA R-5
CSA R-7
W.O. 5511
Danville Area
The Board of Supervisors of Contra Costa County RESOLVES THAT:
Upon incorporation of the City of Danville on July 1 1982, various County
properties now fall within the City boundaries.
This Board hereby unanimously DETERMINES and FINDS that said properties ,
as described in Exhibit "A" attached hereto, have been improved for use as public
parks or for amusement: or recreational purposes, are local in character to the
San Ramon Valley area and should be transferred to the City of Danville.
This Board hereby APPROVES the conveyance of said real property to the
City of Danville, for public park, amusement or recreational purposes , provided
that the City agrees to accept the conveyance of the described properties under
the following terms and conditions:
1. The City will abide by all the provisions applicable to the various
project agreements , and any amendments thereto , for each park
site developed under the funding sources for the State Bond Act
of 1974, the Roberti - Z' Berg Urban Open Space program, the State
Urban and Coastal Bond Act of 1976, the California Parklands Act
of 1980 and the Federal Land and Water Conservation program.
A copy of the provisions for each funding source is attached hereto
as Exhibits B-1, B-2, B-3, B-4 and B-5.
2. The City will assume all of County' s obligations under said project
agreements .
3. The City will maintain said areas as public parks, amusement or
recreational areas for the benefit and use of all residents of
the San Ramon Valley area and the County.
The Chairman of this Board is AUTHORIZED and DIRECTED to execute for
and on behalf of the County a Quitclaim deed for said properties to the City
of Danville and cause its delivery to the City for acceptance, together with
a copy of this Resolution.
I hereby cortity that AID to a true andeorrect copy of
an ac1lon taiken and entered on the minutes of the
Board of Supe
Orig. Dept.: ATT ES Tc 0- , , /—, v"", l 1 4 'l
cc: Public WorksRP
( ) J.R. OLSSCN, BOUNTY CLERK
County Administrator and er: officio Clerk of the Board
County Counsel
City of Danville (�iaPAN' zO /)
Planning Department BY. I � r << 4.%. � -' '' Deputy
Res .Al __ 19
RES011[J,P-10rJ No . :3a/146
Conveyance to City of Danville I �8
CSA R-7
CSA R-5
EXHIBIT "A°
Parcel One - CSA R-7 OAK HILL PARK (Monte Vista Park)
All that real property described in the deed to Contra Costa County
recorded April 20, 1976 in Book 7830 Official Records, page 384 and
in the deed to Contra Costa County recorded September 30, 1976 in Book
8037 Official Records, page 856.
Parcel Two - CSA R-7 TIBROS PARI: (Osage Station)
All that real property described in the deeds to Contra Costa County
recorded March 14, 1976 in Book 8746 Official Records, page 65 and recorded
December 15, 1978 in Book 9148 Official Records, page 243.
Parcel Three - CSA R-7 BRET HARTE
All that real property described in the deed to Contra Costa County
recorded May 22, 1929 in book 192 Official Records, page 68.
Parcel Four - CSA R-7 EL PINIADO ROAD PARK
All that real property described in the following deeds to Contra Costa
County:
a) Recorded November 10, 1948 in Book 1316 Official Records page
242.
b) Recorded February 23, 1951 in Book 1720 Official Records page
254 .
c) Recorded February 9, 1949 in Book 1350 Official Records page 45.
d) Recorded April 4, 1949 in Book 1369 Official Records page 486.
Parcel Five - CSA R-7 GREENWOOD PARE; .SITE
All that real property described in the deed to Contra Costa County
recorded August 24, 1976 in Book 7991 Official Records, page 250.
Parcel Six - CSA R-7 FREITAS ROAD LINEAR PARK
All that real property described in the deed to Contra Costa County
recorded November 10, 1976 in Book 8085 Official Records, page 613 and
described in the road abandonment Resolution 76/933 dated October 26,
1976, recorded November 5, 1976 in Book 8080 Official Records, page
53.
Reserving to Contra Costa County Flood Control and Water Conservation
District ingress and egress rights for flood control purposes.
Parcel Seven - CSA R-7 DANVILLE SOUTH PARK
All that real property described in the deed to Contra Costa County
recorded June 5, 1973 in Book 6962 Official Records, page 488.
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STATE BEACH,PARK,RECREATIONAL AND HISTORICAL FACILITIES BOND ACT OF 1974
Project Agreement
Spoclal Provisions
General Provisions
A. Definitions
1. The term"State'as used herein means the California State Department of Parks and Recreation.
2. The term "Act"as used horofn means the State Beach,Park,Recreational and Hiatoricat Facilities Gond Act of t974
as amended.
3. The term—Project"as used heroin means the project which is described on page 1 of this agreement.
4. The term "Applicant"as used herein means the party described as applicant on page 1 of this agreement.
B. Project Execution
1. Subject to the availobillty, of grant moneys in the Act, the State hereby granu to the Applicant a sum of money
(grant moneys) not to exceed the amount stated on page 1 in consideration of and on condition that the sum be
expended in carrying out the purposes as set forth in the Description of Project on page 1 and under the terms and
conditions set forth in this agreement.
Applicant agrees to assume any obligation to furnish any additional funds that may be necessary to complete the
project. Any modification or alteration in the projoct as set forth in the application on file with the State must be
submitted to the State for approval.
2. The Applicant agrees to complete the Project in accordance with the time of project performance set forth on Page
1 and under the terms and conditions of this agreement.
3. It the Project Includes development, the development plans and spocifications shall be reviewed and approved by the
State.
4. The Applicant shall secura completion of the development work in accordance with the approved development
plans and specifications or Force Account Schedule. r
5. The Applicant shall permit periodic site visits by the State to determine if development work is in accordance with
the approved plans and specifications or Force Account Schedule, including a final inspection upon Project
completion,
6. All significant deviations from the Project shall be submitted to the State for prior approval.
7. It the project includes acquisitlon of real property, the purchase price shell be the fair market value of such property
as established by the applicant's approved appraisal of such property which has also been approved by state or the
amount established as compensation by a nonstipulatod final judgment in an eminent domain proceeding. The
approved appraisal report (prepared in accordance with Government Code Section 7267 to 7267.7 inclusive) used to
ostsblish the fair market value or compensation shall be furnished to state for review and approval.Applicant agrees
to furnish state additional supportive appraisal material or justification as may be requested by state.
Applicant agrees to furnish State preliminary title reports respecting such reel property or such other evidence of
title which is determined to be sufficient by State. Applicant agrees in negotiated purchases to correct prior to or at
the close of escrow any defects of title which in the opinion of State might interfere with the operation of the
Project. In condemnation actions such title defects must be eliminated by the final judgment.
a. Applicant in acquiring real pro Derty, the cost of which is to be reimbursed with grant moneys under th it agreement,
shall comply with Chapter 16 Icomrn racing with Section 7260) of Division 7 of Title 1 of the Government Code
and any applicable federal, state, or local laws or ordinances. Documentation of such compliance will be made
available for review by the State upon request,
DPR 599 (4/78) 1
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C. Project Coeu
The grant moneys to be provided Applicant under this egreoment shall be dlsourwd as follows:
1, If the Project Includes acquisition of real property, the State shall disburse to Applicant the grant moneys as
follows• but not to oxeeed in any event the State grant amount Allocated for acquisition as set forth on page 1 of
this Agrees arst:
a. When acquisition is through negotiated pumhaw,.State will disburse the amount of the State approved
purchase price together with State approved costs of acquisition.
(1) State may Alec%to make disbursement for deposit into escrow.
b. When acquisition is through proceedings in eminent domain, State will disburse the amount of the total
awe rd sa provided for in the final order of condemnation together with State approved costs of acquisition.
C. In the want Applicant abandons such eminent domain proceedings, Applicant agrees to bear all costs in
connection therewith and that no grant moneys shall be disiwrsad for such costs.
2. 11 the Project includes develownent, after approval by State of Applicant's plans and specifications or Force
Account Schedule and after comoletion of the Project or any phase or unit thereof,State shall disburse to Applicant
upon receipt and soproval by State of a statement of incurred costs from Applicant, the amount of such approved
incurred costa shown on such statement, not to exceed the Stale grant amount allocated for development, as tat
forth on page 1 01 this agreement, or any remaining portion of such grant amount to the extant of such statement.
State may disburse up to 90% of the State grant amount allocated for development as ihown on page I of this
Agreement.upon receipt and soproval by State of a statement of estimated costs frorn Applicant.
The statements to be submitted by Applicant shall set forth in detail the incurred or estimated cost of work
performed or to be performed on development of the Project and whether performance will be by construction
contract or by forte account. Stataments shall not be submitted more frequently than ninety day perioas unless
otherwiw requested by Stara.
Modifications of the development plan and schedule must be approved by State prior to any deviation from the
State approved plan and schedule unless oreviously authori2ed by the State.
D. Project Administration
1. The Applicant shall promptly submit such reports as the State may request.
In any event Applicant shall provide State a report showing total final Project expenditures.
2. Property and facilities acquired Or developed pursuant to this agreement shall be available for inspection by the
State upon requert. I
3. The Applicant shall vw any moneys advanced by the State under the terns of this agreement solely for the Project
herein described.
4. I1 grant moneys ata advanced, the Applicant shall place such moneys in a seoarate interest bearing account, setting
UP and identifying such Account prior to the advance. Interest earned on grant moneys matt be used on the Project
or paid to the State. If grant moneys are advanced and not expended, the unused portion o1 the grant shall be
returned 10 the State within 60 days of completion of the Project or end of the Project performance period.
whichever is earlier,
5. Gross income that is corned by the Applicant from a Stara approved non-recreational use on an acquisition project,
subsequent to taking title by the Applicant,must be used by the Applicant for recreational purposes At the Project.
E. Project Termination
1. The Applicant may unilaterally rescind this agreement at any time prior to the commencement of the Project. After
Project commencement this agreement may be rescinded, modified or amended by mutual agreement in writing.
2. Failure by the Applicant to comoty with the terms of this agreomant or any other agreement under the Act may be
cause for suspension of all obligations of the State hereunder.
3. Failure of the Applicant to comply with the terms of this agreement shall not be cause for the suspension of all
obligations of the Stare hereunder if in the judgment of the State such failure was due to no fault of the applicant.
In such use, any Amount required to settle at minimum cost any irrevocable obligations properly incurred shall bo
eligible for reimbursement under this agreement.
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4. Because the benefit to be derived by the State, from the full compliance by the Applicant with the terms of this
agreement, is the preservation, protection and net increase in the quantity and quality of beaches, perks, public
outdoor recreation facilities and hlstoric2l resources available to the people of the State of California and because
such benef{t excseds to an immeasurable and unaccartainable extent the amount of money furnished by the State
by way of grant moneys under the terms of this agreement, the Applicant agrees that payment by the Applicant to
the State of an amount equal to the amount of the grant moneys disbursed under this agreement by the State would
be Inadequate compensation to the Slate for any breach by the Applicant of this agreement.The applicant further
agrees'therefore, that the appropriate remedy in the event of a breach by the Applicant of this agreement shell be
the spocific performance of this agreement.
F. Hold Harmless
1, Applicant hereby waives all claims and recourse against the State including the right to contribution for loss or
damage to persons or property arising from, growing out of or in any way connected with or incident to this
agreement except claims arising from the concurrent or sole negligence of State, its officers. agents, and employees.
2. Applicant shall indemnity, hold harmless and defend State, its officer's, agents and employees against any and all
cisims, demands, damages, coca, exoentes or liability costs arising Out of the acquisition, development,
construction, operation or maintenance of the property described as the Project which claims,demands or causes of
action arise under Government Code Section 695.2 or otherwise except for liability arising out of the concurrent or
sola nogligence of State, its officers,agents, or employe".
J, In the event State is named as codefendant under the provisions of Government Code Section 895 et seq., the
Applicant shall notify State of such fact and shall represent State in the legal action unless State uncenakes to
represent itself as codefendant in such legal action in which event State shall beer its own litigation cons, expenses,
and attorney's fens.
4. In the event of judgment entered against Stare and Applicant because of the concurrent negligence of State and
Applicant, their otflcen, agents,or employees, an apportionment of liability to pay such judgment shall be made by
a court of comoatent jurisdiction. Neither party shall request a jury apportionment.
G. Financial Records
1. The Applicant shell maintain satisfactory financial accounts, documents and records for the Project and shall make
them available to the State for auditing at reasonsole times.Such accounts, documents and records shall be retained
by the Applicant for three years folio ving project termination or completion.
During regular oHiee hours each of the parties hereto and their duly authorized reorn"ntatives shall have the right
to inspect and make cooies of any books, records or repons of the other party pertaining to this agreement or
matters related thereto. Applicant shall maintain and make availaole for inspection by State accurate records of all
of its costs,disbursements and receipts with respect to its activities under this agreement.
2. The Applicant may use any generally accepteo accounting system provided such system meets the minimum
requirements as may be established by State.
H. Use of Facilities
1. The property acquired or developed with grant moneys under :his agreement shall be used by the Applicant only for
the purpos4 for which the State Grant moneys Wert requested and no other use of the area shall tae permitted
except by specific act of the Legisfaturs.
2. The Applicant shell without cost to State operate and maintain the property acquired or developed pursuant to this
agreement in the manner and according to the standards accep Dole to State.
I. Nondiscrimination
1. The Applicant shall not discriminate against any person on the basis of sex, rare, color,national origin, age,religion,
ancestry, or physical handicap in the use of any property or facility acquired or developed pursuant to this
egrsemon t.
2. The Applicant shall not discriminate again%% any person on the basis of rasidtnce txcept to the extent that
rsusorobie differmcas in admission or other fees may be maintained on the basis of residence and pursuant to law.
3
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ROBERTI-7'6ERG UROAN OPEN-SPACE AND R6CREA-TION PROGRAM ACTT
Project Agreement
Special Provisions
General Provisions
A. Definitions
1. The term "Stale"as used herein means the California State Depanmenl of Parks and Rocreatlon,
2. The term"Act"as used herein means the Roberti Z'berg Urban Open-Space and Recreation Program Act.
3. The tern "Project"as used herein means the project which is described un page 1 of this agreement.
4. The term "Applicant`as used herwn means the party describod as applicant on page I of this igiceineni,
6. Project Execution
1. Subject to ilio availability of grant moneys in the Act, the State hereby grants to the Applicant a sum of money
(grant moneys) not to exceed the amount stated on page 1 in consideration of .and on condition that the sum be
expended in carrying out the purposes as set forth in the Doscriplion of Project on page 1 and under the torms and
conditions set forth in this agreement.
Applicant agrees to furnish twenty-five 125) percent of Lou lotal cost of the Project and to assume any obligation to
furnish any additional funds that may be necessary to complete Lhe project. Any modification or alteration in the '
project as set forth in the application on file with the State must be submitted In the State for approval,
2. Applicant shall secure completion of the development we,k in accordance with the Description of Project on page 1
and under the terns and conditions of thi«agroon)ont-
3. Applicant shall permit periodic site visit: by the State to dowlinino if developownt work is in accordance with the
Description of Project on page 1 and under the terms and conditions of this agreement including a final inspection
upon Project completion.
I
4. All significant deviations from the Project shall be submitted to the State for prior approval.
5. Applicant in acquiring real property, the eligible cost of which is to be reimbursed with grant moneys under this
agreement, shall comply with Chapter 1G (cornmoncing will) Section 7260) of Division 7 of Title i of the
Government Code and any atepticable federal,state,or local laws or ordinances. Documentation of such compliance
will be made available for review by the State upon request.
Applicant agrees to furnish upon request by Sone prolintinary title reports respecting such real property or such
other evidence of title which is determined to be sufficient by State. Applicant agrees in negotiated purchases to '
correct prior to or at the close of escrow any defects of title which in Lilo opinion of Stan;might interfere, with the
operation of the Project. In condemnation actions such title defects must be eliminated by the final judgment.
6. If the project includes development, the Applicant agrees to furnish the State a bid package or force account
inlormation,whichever is applicable., upon request by the Stale.
C. Project Performance Period
1. Applicant agrees to complete the project under the terms and conditions of this agreement.
2. Applicant may not take title to land or begin on-site construction until Project Performance Period begins.
3. The Project Performance Period shall begin upon I_egislativn appropriation of grant funds or upon date of
certification by applicant's attorney,whichever is Ener.
DPR 601 (Rev. 6/31) (over)
1
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4. Grant moneys shall be. encumbered by Ilio recipirot of such moneys within three years of the date,of approval by
Ihu I,lin;C.ipo Of the Culilurnio Dopmpncul of Pain,;nod Ileoratiun of Ihr.application Ina auch mo,wy,,.Any part of
grant moneys not rncumbeoed within the turtle-year period shall n:verl to Ihl State. the Marta, of application
approval is the date the Director or his authorized represrmativc signs this agreemcum
D. Project Costs
Up to ninety (90) percent of the total State grant amount for the Block grant no Need Bras grant to be provided the
Applicant under Ihis agnlrnlenl shall be di5bllrsed as follows:
1. Upon the State's execution of this agreement and submission of a Payment requost by Ihr Appticanl.
2. Upon notification of Completion of ilio Block grant or Nerd Basis grant projret os described in Ilse agreement or us
modified and agreed to by the State.
State may perforin if project completion inspection and may perform a final audit. Upon audit appooval, the State will
reimburse the Applicant for the romaining len (10) prfcont-of the total Bfock'granl or Need Llasi; giant to the rixtent of
seventy-five (75) percent of the allowable costs. (Public Resources Code 5625.)
E. Project Administration
1, Applicant shall promptly submit annual reports to the State. The Applicant shall also provide the State a report
showing total final project axpendituros. (Public Reso( rce:Code 5625.)
2. Property and facilities acquired or developed pursuant to this agreement shall be avail:rhle for inspection by the
State upon request.
3, The Applicant $hall use any moneys advanced by tile, State under till; tariffs Of this ayreetme)t solely for the Project
heroin described. (Public Resources Code 5626(x).)
4. If grant moneys are advanced, the Applicant should place such moneys in a separate interest-brarinq account,setting
up and identifying such account prior to the advance. Interost corolla on ura)t moneys shall he mem on Ihr. prOjoct
or paid to the State. If grant moneys are advanced and not expended, the unused portion of ilio grant shall he,
returned to the State.
5. Gross income that is Castled by ilia Applicant (font a Rtktkl;ipploved, ours refutation r.lil: un an atlu LllitiO1a proje('.t,
subsequent to the Applicant's laking title,must be used by the Applicant for recreation purpose:if the Project.
F. Project Termination
1, Applicant may unilaterally rescind this agreement at any bine prior to life expenditure of gnml funds. After
expenditure of grant funds, this agrrame.nl may bo io;cinded, mndiliod Or ammllded only by mutual agrremrnt in
writing.
2. Failure by the Applicant to comply with the terms ul this agreement or any other ogn:emunl under the Act may be
cause for suspension of all obligations of the State hereunder.
3. Failure of the Applicant to comply with the terms of this agrr.enlenl shall not be cause for the suspension of all
obligations of the State hereundo, if, in the. judgment of the Stan:,such f;iilurt!was due to no fault of thr Applicant.
In such case, any amount required to settle at minimum cost any irrevocable obligations properly incurred shall be
eligible for teinibursemenl under this agoremen t.
4. Because the benefit to be derived by tire Stole., lion) the full cunyrllance by tile. Applicant with the. torim of thi;
agreement,is the preservation,protection and net increase in file.(Inwinty and quakily of parks and politic rccreation
facilities available to the people of the Stale of California,and hecauce such benefit exceeds to an imineustnable and
unascertainable extent the amount of money furnished by the State by way of grant naCneys under the, terms of this
.agreement. the Applicant agrees that payment by the Applicant to the Slate of an amount equal to the amount of
the grant moneys disbursed under this agreement by the State would be inadequate compensation to the State,, for _
any breach by the Applicant of this agreement.The Applicant further agrees,therefore, that the appropriate te, remedy
in the event of a breach by ilio Applicant shall be the substitution of a project agterd upon by both the. Applicant
and the State to be completed within a period of time as established by the Slane.
5. If the project includes development, final payment may not be, mode until the, project conforms substantially with
this agreement and is a useable public recreation fanlity.
G. Hold Harmless
1. The Applicant hereby waives all claims and remorse against Ihr, ;idle including Ihr.right u9 contrihulion for 1095 or
damage to persons or property arising from, growing out of, or in any wily conner.tl!d with or incidonl to this
agreoment except claims tossing from the concurrent Or sole nogligence of the Slate, its oflicerr., age.nls, and
employees.
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2. The Applicant shall indemnify, hold hormluss and defend Ilia State, its ufficors, pllent'; alld omployoas against any
and all claims, demands, damages, costs, expenses or liability costs arising out of the acquisition, deve to p men 1,
construction, operation or maintenance of the proporly described as the Project,which claims,demands,or causes
of action asiso under Government Cour, Soctioo 895.2 or whriwise,oxcept for liability arlsirlg Mut of tile, concurrent
or sole negligence of the State,its officers,agents,or employees.
3. In the event the State is named as codefendant Miller the provisions of Government Code Sr,clinn 895 0.t serl_, the
Applicant shall nuiily Ilia Scale of gull fact and :;11:111 lelrnt:anl Ilic bIa IL` ill the Iotal aCtuni unlet:; Ilse :)late
undertakes to ropresent itself as codolerrdaru w such legal action; in which event theSlate•, shall bear it„ own
litigation costs,expenses,and attorney's fens.
4, In the event Of judillent entered against ilia Stairand Applicant beceusa of she concurrent negligence of the State
and Applicant, their officers, agents, or employees, an apporiionnvont of liability to pay such judgment shall be
made by a court of competent jurisdiction. Neither party shall roquest a jury apportionment.
5. The Applicant shalt indemnify, hold harmless and defend the State, its ufficer;, agents and employees against any
and all claims, drntands, costs, expenses or liability costs arising out of legal actions pursuant to items to which the
Applicant has certified. Applicant acknowledges that it is solely eesponsibla for compliance with items to which it
has certified.
if. Financial Records
1. The Applicant shall maintain satisfactory financial accounts, documents and recoicls for tile. project and shall make
them available to the State for auditing at reasonable times.Such accounts,cdocumenls and records shall be retained
by the Applicant for three years following prvjact tonnimllion Or cunlplction.
During regular office hours, each of ilia parties hereto and their duly author i zeal r epiesentatives shall have the right
to inspect and make copies of any books, records or reports of the other party pertaining to this agreement or
matters related thereto. The Applicant shall maintain and make available for inspection by the. Stain accurate
records of all of its costs,disbursements and receipts with respect to its activities undr this agreement.
2. The Applicant may use any generally accepted accounting system.
I. Use of Facilities
1. The property acquired or developed with grant moneys under this agreement shall be used by the Applicant only for
ilia purpose for which the State grant moneys were requested and no other use of the area shall be permitted except
by specific act of the Legislature. (Public Resources Code 562.6(a).)
2. The Applicant agrees to maintain and operato the property acquo etd Or duvuloped for it period commensurate with
ilia type of project and the proportion of Starr. Grant funds and local funds allocated to the cupllal costs of 1110.
project.
J_ Nondiscrimination
1. The Applicant shall not disc,iminale against any person on the basis of ;ex, r.1cr„color,national origin,age,religion,
ancestry, or physical handicap in the use of any property or facility acquired or developed pursuant to this
agreement.
2. The Applicant shall not discriminate against any person on the basis of resid0,nce except to the extent that
reasonable differences in admission or other fees may be maintained on the basis of residence and pursuant to law.
3. All facilities shall be open to members of the public generally, oxcept as noted under the special provision:of this
project agraoment.
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I
STATE,URBAN,ANO COASTAL PARK BONO ACT OF 1976
Pro+act Agreement
Special Provisions
i
Ganaral Provisions
A. Definitions
1. The term —Sista"as used herein means the California State Oepartment of Parks and Recreation.
2. Thu terra ""Ac-r' as used herein means the State. Urban, and Coastal Park Bond Act of 1976 as amended.
3. The term "Projec{ as used herein means trio project which is described on page I of this agreement
4, The term "Applicane' as used herein means the parry described as applicant on page t of this agreemanc.
8. Project Execution
1. Subject to the wailebiliry of grant moneys in the Act, the State hereby grants to the Applicant a sum of money (grant
moneys) not to axcead the amount stated on page 1 in consideration of and on condition chat [he sum be expended in
carrying out the purpotas as sat forth in the Description of Project on page 1 and under the terms and conditions set
forth in this agreement.
Applicant agrees to assume any obligation to furnish any additional funds that may be necessary to comolate the
projact Any modification a alteration in the project as set forth in one application on rile .vith the State must ba
submitted to tha Stata for soprwet,
Z The Applicant agrees to complete :he Project in occordarcx with :he time of project oarformance set forth on page 1,
and under the terms and corditions of :his agreement.
3, it ;he Project irscludes development, the develpoment plans and specifications than be reviewed and approved by the
State,
4, The Apolicant stall secure completion of the development work in accordance with the approved development Plans
and specifications or Force Account Schedule.
S. The Apollcant shall permit periodic site visits by the State to determine if development work is in accordance with the
approved plans and spocificaaicna or Force Account Schedule, including a final insuaction upon Project completion.
6. All significant deviations from the Project shall be submitted to trio State for prior approval.
7. If the project includes acquisition of real prooerry, the purchase price shall be the fair market valua of such prooerty as
established by the Aoplicant's aoprovod appraisal of such procarry which has aiso hewn aoproaed oy Stare or the
amount astablishoci as compensation by a norutipulaied final judgment in an eminent domain proceeding. The approved
appraisal report (prooared in aeeordanca with Govarnmant Coda Section 7267 to 7?67.7 inclusivo) us«d to Iiia nth Cho
fair market value or compensation shall be furnished to State for review and approval,Applicant agrees to furnisn State
additional tupportive appraisal material or justification as may be requested by Scare.
Applicant agraos to furnish State Preliminary title reports resoactiog such real Property or such other avidanca of title
which is determined to be sufficient by State. Applicant agrees in negotiated purchases :o correct prior to or at cna
close of escrp any defm-,% of title which in this opinion of State might interfere with the operation of this Project In
condemnation actions such title defeats must be eliminated oy the final juogment.
a Applicant in acbuiring reel property, the cost of which !s to be reirnburand wim grant moneys under this agreement,
snail comply with Chapter 16 (commencing with Section 7260) of Civision 7 of Tide 1 of trio Government Cana snb
any acolicaoto federal, nate. or Iotas lawn or ordinances, Documentation of such compliance will Pa merle ava,lable for
review,by the Stara upon request.
27
The grant moneys to be provided Applicant under this agreement shall be disbursed as follows:
1. 11 the Pmjac( includes acquisition of real property, the State shall disburse to Applicant the grant moneys as
follows, but not to exceed in any event the State grant amount sat forth on page 1 of this agreement:
a. When acquisition is through negotiated purchase, State will disburse tfha amount of the State approved
purchase price together with State approved cons of acquisition,
0 State may elect to make disbursement for deposit into escrow.
b. When acquisition is through proceedings in eminent domain. State will disburse the amount of the total
award as provided for in the final order of condemnation together with State approved costs of acqu;sition,
C. in the ewnt Applicant abandors such eminent domain proceedings, Applicant agrees to bear all costs in
connection there-with and that no grant moneys shall be disbursed for such cons.
2. It the Project includes dewiooment„after aicaroval by State of Applicant's dans and specific3iion3 or Force
Account Schedule and after completion of the PTgec or any Chase or unit thereof,State ,nail disburse. to Aoclicnnt
upon recaiiat and approsral by State of a statement of incurreC cos-.s from ADollconi, ;ne amount of sues approved
incurred cents shown on suet) statament, not to axc-d the State grant amount set fortn on pare t of this
agreement, or any remaining portion of such grant amount cc -tie extent of sues rratement. Sate may disburse uto
to 90% of the State grant amount ailoca:ed for Cevelopment ucon receipt and approval by State of Accliclnt's
plans and sCecificstions or Force Account Scnedule.
The natement:( to be submitted by Aooiic:nt shall sat forth in detail the incurred or estimated ccs( of wark
performed or to be performed on development of the Proiecc and whether performanca will be by construction
contsac or by force aewunt Statements snail not to submitted more freeuently than ninety Cay periods unless
otnerwise requested by State.
McCificarions of the cawfocment plan and =lnjule .must be aooroved by State prior :o any ceviation from :ne
State aooroved plan and icnedule unless previously auinori.'rd hay the State.
0. Projec” Admnirration
1. T1 o ADpticant shall promptly submit sues -Darts as me State .may •Lauest.
In any event Apollcani shall provide State a repot lricwing total final Project excenditums,
2, Prelaa ,try aro facilities acquired or oewlooed punuan( to mis agreement shad be avadaale for Insoocicn by me
State upon rtquesL
J,- The Amiant shall use any moneys acranced by the State under the terms of this agreamen( solely for the Project
herein eesc-ibed.
A. 'I1 grant monorys are advanced, the Apoiiant shall plata turn moneys in a saoarate interest Searing account, se-ting
up and identifying such account prior to tea advance, inters-s( earned on gent moneys snail be used en the project
or paid to the Stats. If grant mcntys are sdvan¢d and not txoencea. the unuseC coo tion of the grant snail be
returned to the State within 60 days Of ccmoletion of tnc Proje C, or end Of ino Prcie� perferman Ce perioc,
whicnewr is eariier.
5. Gres( income tnar is earned by the Acc ions from a State aooroved nonKecreatianal use on an icauiviion croiect,
subseduant to taking title by the Applicant, must be used by Cho ADplicant for rrc.-naimnal Dureoses at -me Project.
E. Project Terminnion
1, 71na Apaliant may unilaterally rescind;hit agreement ar any time prior :a the Qmimencement of :he Project, After
Project cnmmoncemeni this agretmeni may be rcneneao,modified or amenoed by mutual agreement in writing.
2. Failure by The Aoelicsnt to comely wan me terms of tnis agrtemersr or any cxr$r aur-ement uncer the Ar.may be
muse, for susDansion of all ooliganons of the SraTe ncreunder,
1. Fvluro of the AOGicant to omoly wrin ;tie :er. s Jf :nis agreement :nail not _e cause .`or ;tie ius.o ser, ci ]d
abliganoril of the Slate hertruncer if in :,no (Uegmeni at t"e State sur-1 faliu,e '.w] Cue :D rla 'autT of Ine Aoof,cam.
In rUG9 ase, any amount recurred :p settle II .chant rim Cost env '.rrs CZ10le aallgatlons orc Deny inc9ROD snail 11
sligibis for .'eimoursoment uncer rnrs agreement
f
28
1
4. Because rhe benefit to tw derived by the State, from the full compliance by the Applicant with the terms of this
agrremant, is the preservation, protection and net increase in the quantity and quality of beaches, parks, public
outdoor recreation facilities and historical resources available to the people of the State of California and because
such benefit exceeds to an immeasurabla and unasceimamable extent the amount of money furnished by the State
by way of grant monays under the terms of this agreement, the Aor lfcant agrees that payment by the Applicant to
this State of an amount equal to the amount of the grant moneys disbursed under this agreement by the State would
ba inadequate compensation to the State for any breach by the Applicant of this agreement.The applicant further
agrees tharefore, that the appropriate remedy in the event of a breads by the Applicant of this agreement snail be
the specific performance of this agreement.
F. Hold Harmless
1. Applicant hereby .wives all claims and recourw against the State including the right to contribution for loss or
damage to persons or prooerty arising from, growing out of or in any way connected with or incident to this
agreement except claims arising from the concurrent or sole negligence of State.its officers, agenu, and employees.
2. Aootiont stlatl indamnify, hold harmless and dafenci State, its officers, agents and emoloyees against any and all
claims, demands, damages, torts, expenses or liability costs arising out of the acouisition,' clewelooment,
construmion, operation or maintenance of the prooerty described as the project which claims,demaMs or cause] or
action arise under Government Code Section 895.2 or otherwise except for liability arising our of the concurrent or
sole negligence of State, its officers, agents,or employees.
7. In the event Stale is named as codefendant under the provisions of Governmem Code Section 895 er sea.. -,he
Applicant shall notily State of such fact and shall represent State in the legal anion unless State unoertakes to
represent itself as codefendant in such legal action in which event State shall bear its own litigation costs,expenses.
and attomev's tees.
a. In the event of judgement entered against State ano ADoncant because of the concurrent negu9ence of Stare ana
Applicant, their officers, agents, or employees,an aocornonment of liability to Day wen luagment shall be made by
a court of competent jurisdiction. Neither part, snail reauest a jury aoporLonment.
G Financial Records
1, The Aoolicant snail maintain satisfactory financial accounu, eocuments and recoras for the Project and shall make
them 'available to tree State for auditing at reasonable umes.Such accents,cocuments ano records snail be retained
by the Aoolicant for :hese years following project terminauon or comolevOrn
Ouring regular office hours each of the parties hereto and their duly autnorizeo representatives shad have :ne ngnt
to Inspect and make copies of any books, records or reparts of the other carry pertaining to this agreement or
matters related thereto. Applicant shall maintain and make available for inwecsion by Stare accurate records of all
of its costs, disbursements and receipts with resoect to its ac:tviues under tnis agreement.
2. The Aoolicant may use any gerserally sccepted aczounrtng system.
1. Use of Facilitios
I.. The property acquired or deveiooed with grant moneys uneer this agreement shall be used by the APolicant only for
the purpose for which the Stare Grant moneys were raquested and ho other use of the area snail be permitted
excam by specific act of the Legislature.
2. The Applicant shall without can to State operate and maintain the property acquired or devecooed pursuant to this
agreement In the nvnnor and according to the standards acceouble to State,
I: Nondiscrimination
1, The Aoolicant shall not discriminate against any person on the basis of sex,race,color, national origin, age,religion,
ancnsiry, or physical handicap in the use of any property or facility accluifed or developed pursuant to this
agro o men t.
2, T"he Apdic7nt shall not discriminate against any person on the basis of residence exceot to the extent that
feasonapta ciHomric s in admission or other fees may po maintained on the basis of resident! and Pursuant to law.
]. All facilities shall be open to members of :tie Public genarady, exc:not as noted uneer the noeGal Provisions of :nu
Project agreement.
4
29
CALIFORNIA PARKLANDS ACT OF 1980
Project Agreement
Special Provisions
General Provisions
A. Definitions
1, The term "State"as used herein means the. California State Department of parks and Recreation.
2. The term "Act"as used herein means the California Parklands Act of 1980.
3• The term"Project"as used herein means the project which is described on page 1 of this agreement.
4. The term "Applicant"as used herein means the party described as applicant on pago I of this agreement.
B. Project Execution
1, Subject to the availability of grant moneys in the Act, the State hereby grants to ilia Applicant a sum of money (grant
moneys) not to exceed the amount stated on page 1 in consideration of and on condition that the surn be expended in
carrying out the purposes as set forth in the Description of Project on page 1 and under the terms and conditions set
forth in this agreement.
Applicant agrees to assume any obligation to furnish any additional funds that may be nacessary to complete the
project. Any modification or alteration in the project as set forth in the application on file with ilia State roust be,
submitted to the State for approval,
2. The Applicant agrees to complete the Project in accordance with the time of project performance set forth on page 1,
and under ilia terms and conditions of this agreement.
3. If the Project includes development, the development plans and specifications or Force Account Schedule shall be
reviewed and approved by ilia Stata.
4. The Applicant shall secure completion of the development work in accordance will) the approved development plans
and specifications or Force Account Schedule.
5. The Applicant shall permit periodic site visits by the State to dntain)ino if de"volopmunl work is in accordance with the
approved plans and specifications or Force Account Schedule„including a final inspection upon Project completion,
6, All significant deviations from the Project shall be submitted to the. State for prior approval.
7. Applicant in acquiring real property, tho eligible cost of which is to be reimbursed with grant moneys under this
agreement, shall comply with Chapter IG (commencing wish Section 7260) of Division 7 of Title I of the. Government
Code and any applicable federal, state, or local laws or ordinances. Documentation of such compliance will be made
available for review by the State upon request.
8. Applicant agrees to furnish State preliminary title reports respecllng such real property or such other evidence of title
which is determined to be sufficient by State. Applicant agrees in negotiated purchases to correct prior to or at the
• close of escrow any defects of title which in the opinion of State might interfere with the operation of the Project. In
condemnation actions such title defects must be eliminated by the final judgment.
C. Project Costs
The Grant monoys to be provided Applicant undo( this agiaement mrry bo disbursad:c; follows:
1, If ilia Project includes acquisition of real property, the State may disburse to Applicant the grant money::as follows,
but not to exceed in any event the State grant amount set forth wr pago 1 of this agreement:
a. When acquisition is through negotiated purchase,State may disburse the amount of the State approved purchase
price together with State approved costs of acquisition.
b. When acquisition is through proceedings in eminent domain State may disburse the amount of the total award
as provided for in the final order of conden)nation together with State approved costs of acquisition.
C. In ilia event Applicant abandons such eminent domain prococdings, Applicant agrees to bear all costs in
connection therewith and that no grant moneys shall be disbursed for such costs.
"7.
OPR 653(11/801
30
2. II the Project includes developmonl ❑Iter :iltpiuval by Sill,! of Apldir,:inl': plan; :sal ;pert Gcatiore:or Fon:c Account
Schedule and after completion of the Project or any phase or unit thereof. Stale rnay disburse to Applicant upon
receipt and approval by Slate of a statement of incurred costs from Applicant,the amount of such approved incurred
costs shown on such statement,not to exceed the State grant amount set forth an page 1 of this ogrcement, or any
remaining portion of such grant amount to the extent of such statement. Slate, may disburse up to 100%of the. Slate
grant amount allocated for developmonl upon receipt and approval by Slate, of Applw;iot's plans:md specificalions or
Force Account Schedule..
The statements to be submitted by Applicant shall set forth io detail till.incurred or estimated cosl of work performed
or to be performed on development of the Project and whether performance will be by construction contract or by
force account. Statements shall not be submitted more frequently than ninety day periods unless otherwise, requested
by State.
Modifications of the development plan and schedule must be approved by Slate prior to any deviation front the State
approved plan and schedule unless previously authorized by the;hate..
D. Project Administration
1. The Applicant shall promptly submit such reports as the State may request.
In any event Applicant shall provide State a report showing total final Project expenditures.
2. Property and facilities acquired or developed pursuant to this agreoment shall be available for inspection by the Stale
upon request.
3. The Applicant shall use any moneys advanced by the Slate under the terms of this aurectnenl solely for the Project
herein described.
4. If grant moneys are advanced, the Applicant should place such moneys in a separate interest bearing account,setting up
and identifying such account prior to the advance,interest earned on grant moneys shall he used on the project or paid
to the State. If grant moneys are advanced and not expended, the unused portion of the grant shall be returned to the
State within 60 days of comptelion of the Project or end of the Project performance period,whichever is career.
5. Income earned by the Applicant from a Slate approved nomrecrrmional usc on a grant projocl shall be used for
recreational purpose:: at the grant project. of. if approved by the. Slnle, luf recreational purpo::es within the Apldir,:tms
jurisdiction.
E. Project Termination
1. The Applicant may unilaterally rescind this agreement at any tune prior to the cornmonceinew of the Project. Aller
Project commencement this agreement may ba rescindod,modified or emended by mutual agreement in Writing.
2. Failure by the Applicant to comply with the terms of this agrocmrnl or any other agreement uudrr the Act may be
cause for suspension of all obligations of the Stale hereunder.
3. Failure of the Applicant to comply with the terms of this agreement shall not be cause for the suspension of all
obligations of the State hereunder if in the judgmrnl of the State such failure was dem to no fault of the Applicant. In
such case, any amount required to settle at minimum cost any irrevocable obfigations properly incurred shall be eligible,
for reimbursement under this agreement.
4, Because the benefit to be derived by the State, from the full compliance by the Applicant with the terms of this
agreement,is the preservation,protection and net increase in the quantity and quality of beaches,parks,public outdoor
recreation facilities and historical resources available to the people of the State of California and because such benefit
exceeds to an immeasurable and unascertainable extent the arnoum of money furni;hod by the State by way of grant
moneys under the terms of this agreement, the Applicant agrees that payment by the Applicant to the State of an
amount equal to the amount of the grant moneys disbursed under this agrcernent by the State would be inadequate
compensation to the State for any breach by the Applicant of this agreement,The applicant further agrees therefore,
that the appropriate remedy in the event of n breach by the Applicant of this agreement shall be the specific
performance of this agreement.
F. Hold Harmless
1. Applicant hereby waives all claims and recourse against the State including the right to calls ibution for loss or damage
to persons or property arising from, growing out of or in any way connected will, or iucidenl to this agreement except
clainx arising from the concurrent or solo negligence of State,its officer::,agents,and omployees.
2. Applicant shall indemnify,hold harmless and defend State, its officers,agents and employeas against any and all claims,
demands, damages,costs,expenses or liability costs arising out of the acquisition,development.construction,operation
or maintenance of the property described as the Project which claims, demands or causes of action arise under
Government Code Section 895.2 or otherwise except for liability arising out of the concurrent or sole negligence of
State,its officers,agents,or employees.
3
31
3. In the event State is named as codefendant under the provisions of Government Coda Section 895 e,1 seq_, the
Applicant shell notify State of such Incl and shall ropnmsunt aline io the legal action unl esr. Stat.: wrdurlolur: to
represent itself as codefendant in such legal action in which event State shall bear its own litigation costs,expenses,and
attorney's fees.
4. In the event of judgment entered against State and Applicant because of the concurrent negligence of State and
Applicant, their officers, agents, or employers, an apportionment of liability to pay such judgment shall be made by a
court of competent jurisdiction.Neither party shall request a jury apportionment.
G. Financial Records
1. The Applicant shall maintain satisfactory financial accounts, documents and records for the Project and shall make
them available to the State for auditing it reasonable times.Such accounts,documents and records shall be retained by
the Applicant for three years following project termination or completion.
During regular office hours each of the parties hurew and their duly authorized repre;cn to Lives shall have the right to
inspect and make copies of any books, records or reports of the other party pertaining to this agreement or matters
related thereto. Applicatant shall maintain and make available for inspuction by State accurate records of all of its
costs,disbursements and receipts with respect to its activities under this agreement,
2. The Applicant may use any generally accepted accounting system.
H. Use of Facilities
1. The property acquired or developed with grant moneys undur this ugrcenrnt shall be used by the Applicant only for
the purpose for which the Slate Grant money::wt:ro naluetncd ;Ord nu Other esu of Ihu arca strait bu portnitted cxCepl by
specific act of the Legislature.
2. The Applicant agrees to maintain and operate the property acquired or developed for a period cotnmensurau:with the
type of project and the proportion of State Grant funds and local funds allocated to Ilia capital casts of the project.
1. Nondiscrimination
1. The Applicant shall not discriminate against any person on the basis of sex, race, color, national origin, age, religion,
ancestry, or physical handicap in the use of any property or facility acquired or developed pursuant to this agreement.
2. The Applicant shall not discriminate against any person on the basis of residence except to the extent that reasonable
differences in admission or other fees may be maintained on the basis of residence and pursuant to law.
3. All facilities shall be open to members of the public generally, except as noted under the special provisions of this
project agreement.
4
3.2
LAND AND WATER CONSERVATION FUND PROJECT AGREEMENT
• 1, Daflnitlont
A. The term "HCAS' is used herein means the Heritage Conservation and Recreation Service,United States Department
of the Interior.
B. The term "Director- as used herein means the Director of the Haritaga Consarvutl t and Hetrelon Sarvica, or any
representative lawfully delegated the authority to act for such Director. '` nt
C. The term "Liaison Officer"as used herein means the California Director of Perks and Recreation,or other State officer
as designated by the Governor from time to time and authorized by the State Legislature.
D. The term "Manual" as used herein means the Heritage Conservation and Recreation Service Manual, formerly the
Bureau of Outdoor Recreation Manual (Outdoor Recreation Grants-in-Aid Manual),
E. The term "Project" as used herein means the project or project segment which is the subject of this agreement as
defined In the Project Proposal.
i F. The term "Project Proposal" as used herein means the form and all supplemental attachments used to describe and
ottimate the cost of a planning, acquisition, or development project filed with the Liaison Officer in support of an
application for federal Financial assistance,
G. The term "State" as used herein means the State of California, and/or Its official representative, the Department of
Perks and Racraation.
H. The term "Participant" as used herein means the recipient of the federal funds to be disbursed in accordance with the
termt of this agroamant.
f. The term "State Funds" as used herein means those moneys made available by the State as matching money for pro-
jocts under the Land and Water Conservation Fund Act of 1965, 78 Stat.897 (1964).
It. Continuing Assursncoa
The parties to the project agreement specifically recognize that the Land and Water Conservation Fund assistance project
creates an obligation to maintain the property described in the project agreement consinent with the Land and Water Con-
sarvation Fund Act and the following roquiroments.
Further, It'is the acknowledged intent of the parties hereto that recipients of assistance will use moneys granted heraundor for
the purposes of this program, and that assistance granted from the Fund will result in a'nit increase, commensurate at least'
with the State cort•thare, in a participant's outdoor recreation. It is intended by both parties harato that assistan. from the
Fund will be added to,rather then replace or be substituted for,State and local outdoor recreation funds.
A. The participant agrees,as recipient of this assistance,that it will meet the following specific requirements and the terms
of the project agreement, .
B. The participant agrees that the property described in the project agreement and the dated project boundary map made '
part of that agreement is being acquired or developed with Land and Water Conservation Fund assistance or it integral
to such acquisition or development, and that, without the approval of the Liaison Officer, the Director, and/or the '
Secretary of the Interior, It shall not be converted to other than public outdoor recreation use but shall be maintained t
In public outdoor recreation in perpetuity or for the torte of the lease in the case of leased property.The Secretary shall
approve such conversion only if he finds it to be In accord with the then existing comprehensive statewide outdoor
recreation pian and only upon such conditions as he deems necessary to assure the substitution of other recreation
propertiot of at least equal fair market value and of reasonably equivalent usefulness and location. This replacement
land becomes subject to Section 6(1)(3) protection. The approval of conversion shall be at the sole discretion of the
Secretary, or his designee. Prior to the completion of this project,the participant,the Liaison Officer,and the Director
may mutually alter the area described in the project agreement and the dated project boundary map to provide the
most satisfactory public outdoor recreation unit,except that acquired parcels are afforded Soction 6(1)(3) protection as
Fund reimbursement is provided.
in the went the HCRS provides Land and Water Conservation Fund assistance for the acquisition and/or development
Of property subject to reversionary interests with full knowledge of those reversionary interests, conversion of said
property to other public outdoor recreation uses as a result of such iovertionary interest being exercised is approved. In
receipt of this approval, the participant agrees to notify the State of the conversion as soon as possible and to soak
approval of replacement property in accord with the conditions set forth in these provisions. The participant further
agrees to effectuate such replacement within a reasonable period of time,acceptable to the State,aher the conversion
of property takes Place. The provisions of this paragraph are also applicable to: leased properties acquired and/or
developed with Fund assistance where such lease is terminated prior to its full term due to the existence of provisions
in such lease known and agreed to by the State; and properties subject to other outstanding rights and interests that
may result in a conversion when known and agreed to by the State.
2
33
C. The participant agrees that the benefit to be derived by the State from the full compliance by the participant with the
terms of this agreement Is the preservation,protection,and the not Increase in the quality of public outdoor recreation
facilities and resources which are available to the people of the State and of the United States,and such benefit exceeds
to an immeasurable and unascertainable extent the amount of money furnished by the State by way of assistance under
the terms of this agreement. The participant agrees that payment by the participant to the State of an amount equal to
the amount of assistance extended under this agreement by the State would be Inadequate compensation to the State
for any breach by the participant of this agreement.The participant further agrees,that the appropriate remedy in the
event of a breach by the participant of this agreement shall be the specific performance of this agreement.
D. The participant agrees to comply with the policies and procedures set forth in the Heritage Conservation and Rec-
reation Service MCAS) Grants-in-Aid Manual. Provisions of said Manual are incorporated into and made a part of
the project agreement.
E. The parilcipant agrees that the property and facilities described In the project agreement shall be operated and main-
tained as prescribed by Manual requirements.
F, The participant agrees that a permanent record shall be kept in the participants public property records and available
for public inspection to the effect that the property described in the scope of the project agreement, and the dated
project boundary map made pert of that agreement,ties been acquired or developed with Land and Water Conservation
Fund assistance and that it cannot be converted to other than public outdoor recreation use without the written
approval of the Liaison Officer,the Director,and/or the Secretary of the Interior.
G. Nondiscrimination
1. Tho participant shall comply with Title VI of the Civil Rights Act of 1964 (P.L.38.3521 and in accordance with
Title VI of that Aa, no parson in the United States shall,on the ground of race, religion, color,or national
origin,be excluded from participation in,be denied the benefits of,or be otherwise subjected to discrimination
in the use of any property or facility acquired or developed pursuant to the project agreement.The participant
shall immediately take any mcasuras necessary to offoctuate this provision-This assurance shall be binding on the
participant or any political subdivision or other appropriate public agency to which Fund artirtance or property
acquired or developed with Fund assistance hes been transferred for public recreation purposes.
2. The participant shall comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) prohibiting em-
ployment discrimination where (1) the primary purpose of a grant is to provide- employment of (2)
diserim4natory employment practices will result in unequal treatment of persons who are or should be bano-
fitting from the grant-aided activity.
3. The participant shall comply with the regulations and guidelines promulgated pursuant to the Civil Rights Act
of 1964 by the Secretary of the Interior and the Heritage Conservation and Recreation Sorvico.
4, The provisions of the fiat three paragraphs apply to any part of the recreation system within which the assisted
facility or property exists.
S. The participant shall not discriminate against any person on the basis of residence, except to the extent that
reasonable differancas In admission or other foci may be maintained on the basis of residence as sot forth in the
Manual.
I11, Project Assurancue
i
A. Applicable Federal Circular
The participant shall comply with applicable regulations, policies, guidelines and requiromentr including Office of
Management and Budget Circulars No. A-95 IEvoluation, review,and coordination of federal assistance programs and
projects) and A-102 (Uniform administrative requirements for grantsin-aid to nate and local governments) and FMC
74-4 (Cost principles applicable to grants and contracts with state and local governments) as they relate to the appli-
cation,acceptance and use of federal funds for this federally assisted project.
B. Project Proposal
1. The project proposal for State assistance bearing the some project number as the agreement and associated
documents is by this reference made a part of the agreement.
2. The participant posm"ai legal authority to apply for the grant, and to finance and construct the proposed
facilities. A resolution, motion or similar action has been duly adopted or passed authorizing the filing of the
project proposal, including all understandings and assurances contained therein, and directing and authorizing
the person identified as the official representative of the participant to act in connection with the project
proposal and to provide such additional information as may be required.
J. The participant has the ability and intention to finance the nonitate share of the costs for the project.Sufficient
funds will be available to assure effective operation and maimananco of the facilities acquired or duvoloped
by the project.
34
C. Project Executlon
1. It Is understood by the parties hereto that this agreement shall not oblignta State of California funds for the
project cosu described herein. The participant hereby promises, in consideration of the promises made by the
Liaison Officer heroin, to execute the project stage described herein,in accordance with the terms of this agree-
ment. Any disbursement hereunder shall not be made unless and until funds therefor aro rocelvad by the Liaison
Officer from the Heritage Conservation and Racraation Sarvlce.This item shall not apply whon the participant is
an agency of the State of California.
2, The Liaison Officer hereby promises, In consideration of the promises made by the participant herein,to accept
appropriated federal funds for the purposes of the project and disburse the tame to reimburse the participant up
to 50 percent of the effgibte project cost not to exceed 50 percent of the direct project cost shown in this
agreement; except for a surcharge for administrative costs to be applied to twice the federal share of direct
eligible project coats. The surcharge Is to be deducted from the mimbursemenra received from the Federal
Government applicable to this project and will be computed at the federally approved surcharge rate in effect
at the time the billing Is submitted to the Federal Government.
3. The project period shall begin with the date of approval of the project agreement or the effective date of a
waiver of retroactivity and shall tlrrnlnate at the and of the stated or amended project period unless the project
Is completed or terminated sooner in which event the project period shall and on the date of completion or
termination. For project elements added to a consolidated project,the project period will begin on the date the
project element Is approved.
4. The participant will cause work on the project to be commenced within a reasonable time after receipt of
notification that funds have been approved and assure that the project will be prosecuted to completion with
reasonable diligence.
5. The participant will require the facility to be designed to comply with the "American Standard Speciflcations
for Making Buildings and Facilities Accessible to, and Usable by, the Physically Handicapped." Number
A117.1-161, as modified (41 CFR 101-17.703). The State will be responsible for conducting Inspections to
insure compliance with thaw specifications by the contractor.
G. The participant shall secure completion of the work In accordance with approved construction plans and spec.
., ifications,and shell secure compliance with all applicable federal,state,local laws and regulations.
7. In the event the project covered by the project agreement, including future stagas of the project,cannot be
completed in accordance with the plans and specifiwiions for the project;the participant shall bring the project
to a point of recreational usefulness agreed upon by the participant and, the Director or his designee,and the
Liaison Officer,
B. The ps"Icipant will provide for and maintain competent and adequate architectural engineering supervision and
Impaction at the construction site to Insure that the completed work conforms with the approved plans and
specifications,that it will furnish progress reports and such other information as the HCRS may require.
9. The participant will comply with the terms of Title II and Title 111,the Uniform Relocation Atsirtance and Real
Property Acquisition Policies Act of 1970 (P.L.91.646). 94 Stat. 1694 (1970), and the applicable regulations
and procedures Implementing such Act for all real property acquisitions and where applicable shall assure that
the Act has been complied with for property to be developed with otsistanca under the project agreement.
10. The participant will comply with the provisions of: Executive Order 11988. relating to evaluation of flood
hazards: Executive Order III=, relating to the prevention, control, and abatement or water pollution, and
Executive Order 11990,relating to the protection of wetlands.
11. The participant will comply with the flood Insurance purchase requirements of Section 102(x) of the Flood
Disartor Protection Act of 1973,Public Law 93-234,87 Stat.975,approved December 31,1976.Section 102(e)
requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is
available os a condition for the receipt of any federal financial assittance for construction or acquisition purpotas
for use In any area that has been identified by the Secretary of the Department of Housing and Urban Develop-
ment as an area having special flood hazards.The phrase "federal financial assistance"includes any form of loan,
grant,guaranty,insurance payment,rebate,subsidy,disaster assistance loan or grant,or any other form of direct .
or Indirect federal assistanct,
12. The participant will Insure that the facilities under its ownership, lease or supervision which shall be utilized in
the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Vio-
lating Facilities, pursuant to 40 CFR, Part 15.20 and that it will notify the State and HCRS of the receipt of
any communication from the Director of the EPA Office of Federal Actvities indicating that a facility to be
utilized in the project is under consideration for listing by the EPA. The participant agrees to comply with all
applicable standards, orders,or regulations issued pursuant to the Clean Air Act of 1970.The participant further
egrets to insert this clause into any contract or subcontract in excess of$100.000.
13. The participant will assist the State and HCRS in its compliance with Section 106 of the National Historic
Preservation Act of 1966 as amended 11G U.S.C. 470), Executive Order 11593, and the Archeological and
Historic Preservation Act of 1966 (16 U.S.C. 469a-1 at seq.) by (Al consulting with the State Historic Pres.
4
35
arvotlon Officer on the conduct of investigations, as necessary, to identify properties listed in Or eligible for
Inclusion In the National Register of Historic Places that are subject to effects (sea 36 CFR Part (800.8) by the
activity, and notifying the federal grantor agency of the existence of any such properties,and by (b) complying
with all roquire nonts established by the federal grantor agency to avoid or mitigate adverse effects upon such
properties.
D. Construction Contracted for by the Participant Shall Meat the Following Requirements:
1, Contracts for construction In oxcess of $10,000 shall be awarded through a process of competitive bidding
involving formal advertising, with adequate purchase description, saalad bids, and public openings.Copies of all
adwrtlsomants,bids, and a copy of the contract shall be ratained for inspection by the Director and the State.
2. Tho participant shall Inform all bidden on contracts for'construction that federal funds am being used to assist
In construction,
3. Wrltton chango orders shall be issued for all necessary changes in the facility being constructed under contracts
of $10,000 or more. Such change orders shall be made a part of the project file and should be kept available for
audit.
4. Contracts for construction shat[ include a provision for compliance with the Copeland "Anti-Kickback"Act (18
U.S.C.874) as supplemented by Department of Labor regulations(29 CFR,Part 3).
b. The participant will comply with Other procurement standards of OM8 Circular A-102, Attachment 0,except
for provisions related to compliance with Davis Bacon Act requirements(unless required by a program providing
supplemental funding). Should supplemental funding be provided which requires compliance with Davis Bacon
Act requirements, all construction contracts awarded by the grantee and subgrantee in excess of $2.000 shall
Include a provision for compliance with such Act (40 U.S.C. 2764 to a-7) and as supplemented by Department
of Labor regulations(29 CFR,Part 5).
_ 8. The participant shell incorporate,or cause to bo Incorporated,into all construction contracts exceeding S10.000
(tan-thousand),the following provisions:
"During the performance of this contract,the contractor agrees as follows:
'•(1) The contractor will not discriminate against any employee or applicant for amployment becausa of rata,
religion, color, sex, or national orign. The contractor will take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without regard to their rata, creed, color, or
national orgin. Such action shall include, but not be limited to, the following: Employment;upgrading;domo-
lion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms
of compensation; and selection for training. Including apprenticeship. The contractor agrees to post in con-
splcuous places, availabla to employees and applicants for employment, notices to be provided by the contra-
cting officer setting forth the provisions of this nondiscrimination clause.
••(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the
contractor, state that all qualified applicants will receive consideration for employment without regard to race,
religion,color,sex,or national origin.
13) The contractor will send to each labor union or representative of workers with which he hes a collective
bargaining agreement or other contract or understanding, a notice,to be provided by the agency contracting
officer, advising the labor union or workers' representative of the contractor's commitments under Section 202
of Exocurivo Order No. 11246 as amended 13 CFR 169(1974)),and shall post copies of notices in conspicuous
places owliable to employees and applicants for employment.
14) Tho contractor will comply with all provisions of Executive Order No. 11246,as amended,and the rules,
ragulatlons,and relevant orders of the Secretary of Labor.
(5) The contractor will furnish all information and reports required by Executive Order No. 11246,a; a-
mended, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will
permit access to his books, records, and accounts by the contracting agency, the State, and the Secretary of
Labor for purposes of investigation to ascertain compliance with such rules,regulations,and orders.
"(6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or
with any of such rules, regulations,or orders, this contract may be canceled,terminated,or suspended in whole
or in port and the contractor may be declared ineligible for further Government contracts in accordance with
procedures authorized in Executive Order No. 17246,as amended,and such other sanctions may be imposed and
romadios invoked as provided in Executive Order No. 11246, as amended, or by rules,regulations,or orders of
the Secretary of Labor,or as otherwise provided by law,
'•(7) The contractor will include the provisions of Paragraphs (1) through (7) in awry subcontract or purchaso
order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204
of Executive Order 11248, as amended, so that such provisions will be binding upon each subcontractor or
vendor. Thu contractor will take such action with respect to any subcontract or purchase order as the con-
tracting agency may direct as a means of enforcing such provisions, including anetions for noncompliance:
Provided, however, that in the event the contractor becomes involved in,or is threatened with,litigation with a
subcontractor or vendor as a result of such direction by the contrvcting agency,the contractor may'tequest the
United States to enter into such litigation to protect the interests of the United States.
36
a '
7, The participant shell (1) comply with the above provisions in construction work carried out by itself.(2) assist
and cooperate actively with the Secretary of the Interior and the Secretary of Labor in obtaining the compliance
• of contractors and subcontractors with the above contract provisions and with the rules, regulations, and rol.
event orders of the Secretary of Labor, (3) obtain and furnish to the Secretary of the Interior and to the Sec-
. rotary of Labor such information as they may require for the supervition of such compliance, (4) enforce the
obligation of contractors and subcontractors tinder such provisions, rules,regulations, and ordars,(5) carry out
sanctions and penalties for violation of such obligations Imposed upon contractors and subcontractors by the
State,or the Secretary of Labor, or the Secretary of the Interior pursuant to Part II,Subpart 0, of Executive
Order No. 11246, as amended,and (6) refrain from entering into any contract with a contractor debarred from
Government contracts under Part 11, Subpart 0, of Executive Order No. 11246, as amended. In addition, the
participant agrees that It It fails or refuses to comply with these undertakings,the HCRS may take any or all of
the following actions: Cancel, terminate,or suspend In whole or in part this grant;refrain from extending any
further assistance to the applicant under the program with respect to which the failure or refusal occurred until
satisfactory assurance of future compliance has been received from such applicant; and refer the case to the
Department of Justice for appropriate legal proceedings.
E. Conflict of Interests
1. No official or employ" of the participant.State,or Federal Government who is authorized in his official capac-
Ity to negotiate, make, accept,or approve,or to take part In such decisions regarding a contract or subcontract
In connection with this project thall have any financial or other personal interest in any such contract or sub-
contract,
2. No person performing services for the participant in connection with this project shall have a financial or other
personal interest other than his employment or retention by the participant,in any contract or subcontract in
connection with this project. No officer or employee of such person retained by the participant shall have any
financial or other personal interest in any coat property acquired for this project unless such interest it openly
disclosed upon the public records of the particlpant,and such officer,employee or person has no(participated In
the acquisition for or on behalf of the participant.
3. No member of or delegate to Congress shall be admitted to any share or part of this agreement,or to any benefit
to arise hereupon, unless such benefit shall ba in the form of an agreement made with a corporation for its
general bartofit.
4. The participant, State,and the Director shall be responsible for enforcing the above conflict of interest provi-
sions.
F. Hatch Act
The participant will comply with the provisions of the Hatch Act which provides that no officer or employee of the
participant whose principal employment is in connection with any activity which is financed in whole or in part pur-
suant to this agreement shalt take part in any of the political activity prescribed In the Hatch Political Activity Act
Act,5 U.S.C.Sec. 118k (1964),with the exceptions therein enumerated.
G. Project Costs
1, Project crests eligible for assistance shall be determined upon the basis of the criteria set forth in tho Manua)and
FMC 744.
2. The ogroemont may include the use of the indirect cost rate currently approved,in accordance with FMC 74-4,
for the participant that is a party to this agreement.
H. Project Administration '
1. The participant shall promptly submit such reports and documentation as the Director or Liaison Officer may
request,
2. Any moneys advanced to the participant are "public moneys" and shall be deposited in a bank with FDIC
insurance coverage and the balances exceeding the FDIC coverage shall be collaterally secured as provided for in
12 U.S.C.265-
3• The participant shell use any funds received by way of advance payment from the State under the terms of this `
agreement solely for the project or project stage described in the agreemant.
4. Properties and facilities acquired or developed with Fund assistance shall be available for inspection by the State
or the HCRS at such intervals as the Liaison Officer or the Director shall require.
1. Retention and Custodial Requirements for Records
1, Financial records, supporting documents, statistical records,and all other records pertinent to this grant shall be
retained for a period of three years;except the records shall be retained beyond the three-year period it audit
findings hove not been resolved.
2, The retention period rsorts from tho date of the final expenditure report for the project or the consolidated
project eJamenI,
6
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r
3. State and local governments are authorized to substitute microfilm copies in lieu of original records.
4. The Liaison Officer, Secretary of the Interior,and the Comptroller General of the United States,or any of their
duly authorized representatives, shall have access to any books,documents, papers, and records of the panic.
!pant and their subgranteos which, are pertinent to a specific project for the purpose of making audit, exam-
, Ination,excerpts and transcripts. ,
J. Project Termination
1, The Liaison Officer of the Director may temporarily suspend State assistance under the project pending cormc-
tivo action by the participant or pending a decision to terminate the grant by the HCRS or the State.
2, The participant may unilaterally terminate the project or consolidated project element at any time prior to the
fire( payment on the project or consolidated project efament. Atter the initial payment, the project may be
terminated,modified,or amended by the participant only by mutual agreement.
3, The Uaiso,t Officer or the Director may terminate the project in whole,or in part,at any time before the date of
completion, whenever It is determined that the grantee has failed to comply with the conditions of the grant.
The Liaison Officer or Director will promptly notify the participant in writing of the determination and the
reasons for the termination, together with the effective date.Payments made to the participant or recoveries by
the State under projects terminated for,cnuss shall be in accord with the legal rights and liabilities of the parties,
4. The Director, State, or participant, may terminate grants in whole, or in part at any time before the date of
completion, when both parties agree that the continuation of the project would not produce beneficial results
commensurate with the further expenditure of funds. The two parties shall agree upon the termination con.
ditlona, including the offective date and, in the case of partial termination conditions, including the effective
data and, In the case of partial termination, the portion to be terminated. The grantee shall not incur naw
obligations for the terminated portion after the effective date,and shall cancel as many outstanding obligations
as potsibla. The State may allow full credit to the participant for the state sham of the noncenceliable oblige-
tions,properly incurred by the grantee prior to termination.
15. Termihation either for cause or for convenience requires that the project in question be brought to a rata of
rermationsl usofulness agreed upon by the participant, the Liaison Officer, or the Director,or that all funds
provided by the Heritage Conservatlon and Recreation Setvics be returned.
K. Fund Acknowledgment
The Participant will permanently display in a conspicuous place a bronze plaque which acknowledges Land and Wet"
Conssr tion Fund assistance. The plaque will be provided by the State Department of Parks and Recreation and its
Installation by the participant will be required upon initial development of the property.
L Hold Harmiets
The participant shall indemnify the State of California and its officers,agents and employees against and hold the same
fres and harmless from any and all claims, demands, damages, losses, costs, and/or expenses of liability due to, or
arising out of, eithor in whole or in part, whether directly or indirectly, the organization, development,construction,
operation,or maintenance of the project.
7
3
THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this resolution on February 28, 1984 by unanimous vote:
AYES: Supervisors Powers, randen, Schroder, mcPeak, Torlakson
NOES: None
ABSENT: None RESOLUTION NO. 84/ 147
(Government Code Sec. 25550.5)
Approving Assignment of
SUBJECT: Lease and Option to Purchase
to City of Danville
CSA R-7 Tibros Park
W.O. 5511
Danville Area
The Board of Supervisors of Contra Costa County RESOLVES THAT:
Upon incorporation of the City of Danville on July 1 1982, various County
properties now fall within the City boundaries.
This Board hereby unanimously DETERMINES and FINDS that such properties ,
have been improved for use as public parks or for amusement or recreational
purposes, are local in character to the San Ramon Valley area, and should be
transferred to the City of Danville.
This Board hereby APPROVES the assignment and transfer to the City of
Danville, for public park, amusement or recreational purposes, of all of County's
interest in and to that certain "Lease and Option to Purchase" , dated May 1,
1981, between the County, for and on behalf of County Service Area R-7 and Contra
Costa County Flood Control and Water Conservation District, covering property
described in Exhibit "A" therein. Said Lease and Option to Purchase provides
for the use and purchase of 10.27 acres of land in the Danville area utilized
as part of Tibros Park which was developed under County Service Area R-7.
The assignment and transfer is approved on the condition that the City
assume all of County' s obligations thereunder and maintain said property as
a public park, amusement or recreational area for the -benefit and use of all
residents of the San Ramon Valley area and the County.
The Chairman of this Board is AUTHORIZED and DIRECTED to execute for
and on behalf of the County an assignment of said Lease and Option to Purchase
to the City of Danville and cause its delivery to the City for acceptance.
1 hereby certify that this Is a true and correct copy of
an action taken and ontered on the minutes of the
Board of Supervisors on the date shown.
ATTESTcD: �'�_G� , /9
J.R. OLSSON, COUNTY CLERK
and ex of iclo Clerk of the Board
By. .
,� " c.t�u-, a G�cn_ , Deputy
Orig. Dept.: Public Works (RP)
cc: County Administrator
City of Danville (via P.'w1
Planning Department
Res.5A1 3
RESOLUTION NO. 84/147 � '