HomeMy WebLinkAboutRESOLUTIONS - 02281984 - 84-146 THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFOR41A
Adopted this Resolution on February 28, 1984 by unanimous vote:
AYES: Supervisors Powers , I"alyden, Schroder, NcPeak , Torla}:son
NOES: None
ABSENT: None
RESOLUTION NO. 84/ )_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:
I. 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 3-5.
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 certify thast!Me la o trio and correct copy of
an action t&ken and entered on the minuleo of the
Board of Supe
Orig. Dept.: ATTESTc : _'`—=Z .
cc: Public Works (RP) J.R. OLSSCN, COUNTY CLERIC
County Administrator and ei: officio Clerk of the Board
County Counsel
City of Danville (via P/Wt
Planning Department ny ,.r' 4 %{ �1�-"� Deputy
P y
Res .Al _ 19
t�cs��r.,u�raorJ �ir� . �3�1tn
Conveyance to City of Danville I,�g
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 PARK (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 PINTADO 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 PAPo, .517E
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 PARI:
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
Special Provision
General Provisions
A. Definitions
1. The term 'State"ra used herein means the California State [)apartment of Perks and Recreation.
2. The term "Act" as used heroin moans the State Beach,Park,Recreational and Historical Facilities bond Act of 1974
as amended.
3. The term"Project"as usad 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 page 1 of this agreement.
8. Project Execution
1. Subject to the 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 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 project as set forth in the application on file with ilia 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 Pigs
1 and under the terms and conditions of this agreement.
3. It the Project Includes development, the development pians and specifications shall be reviewed and approved by the
State.
4. The Applicant shall sacuro completion of the development work in accordance with the approved development
plans and specifications or Force Account Schedule,
5. The Applicant sheil 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. If the project includes acquisition of real property, the purchase price shall be the fair market value of such property
as ostablishod by the applicant's approved appraisal of such property which has also been approved by state or the
omount established as compensation by a noostipulatod 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
establish the fair market value or compensation shall be fumished to ttate for review and approval.Applicant agrem
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 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 oocrow any detects of title which in the opinion of Stale might interfere with the operation of the
Project. In condemnation actions such title defects must be eliminated by the final judgment.
8. Applicant in acquiring real property, the wit of which is to be reimbursed with grant moneys under this agroament,
shall comply with Chapter 16 (commencing with 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.
DPR 599 (4/78) 1
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C. Project Coats
The grant moneys to be provided Apolicant under this agroement shall be dld;wrsed at follows,
1. If the Project includes acquisition of reel property, the State shall disburse to Applicant the grant moneys as
follows, but not to exceed in any event the State grant amount ellocated for acquisition as set forth on page 1 of
this egroemont: .
o. When acquisition is through negotiated purchase, State will disburse the amount of the Stats epprovad
purchase price together with State aporwed costs of acquisition.
(1) State may elect to make disbursement for deposit into escrow.
Is. When acquisition is through proceedings in ominent domain, State will disburse the amount of the total
awe rd as 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 agraes to bear all costs in
connection therewith and that no grant moneys shall be distsursed for such costs.
2. If the Project includes develoorrtent, after approval by State of Applicant's plans and specifications or Force
Account Schedule and after completion of the Project or any phase or unit thereof.State shall disburse to Applicant
upon receipt and approval by State of a statement of incurred costs (ram Applicant, the amount of such approved
Incurred cas-M shown on such statement, not to exceed the SUie grant amount allocataq (of develoomem, as sat
forth on one I of this agreement, or any remaining portion of such grant amount to the extent of such statement.
State may disburse up to 90% of the State grant amount allocated for development as shown on page i of this
agreement, upon receipt and approval by Stat•of a statement of estimated costs from Applicant,
The statements to be submitlod by Aoolicant shall set forth in detail the incurred or estimated cost of work
performed or to be performed on development of the Project and whather performance will be by cgnstructian
contract or by force account. Statements shall not be submitted more frequently than ninety day perioos unless
otherwisa requested by State,
Modifications of the development plan and schedule must be approved by State prior to any deviation from the
State approved pian and schedule unless previously authorized by the State.
D. Project Administration
1. The Applicant shell 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 facilitiat acquired or developed pursuant to this agreement shall be availabte for inspection by the
State upon requart,
3. The Applicant shall uw any moneys advanced by trio State under the terms of this agreement solely for the Project
herein described.
4, l( grant moneys acv advancea, the Applicant shall place such moneys in a separate interest Searing account, tatting
up and identifying such account prior to the advance. Interest earned on grant moneys shall be 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 completion of the Project or end of the Project performance period,
whichever is earlier.
5. Grosz income that is earned by the Apolicant from a State approved non-recreational use an 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 rho Project. After
Project commencement this agreement may be rescinded,modified or amended by mutual agreement in writing.
2. Failure by the Applicant to comply with the terms of this agreement or any other agreement under the Act may be
Lau"fw suspension of all obligation 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 State hereunder it in the judgment of the State such failure was due to no fault of the applicant.
In such case, 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. Idacause the benefit to be derived by the State, from the full compliance by the Applicant with the terms of this
eqr eamertt, is the preservation, protection and not increase in the quantity and quality of beaches, parks, public
outdoor recreation facilities and historical resources available to the people of the Stain of California and because
such benefit exceeds to an immeasurable anti unasconsinable extent the arnuvnt of money lurnished 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 State for any breach by the Applicant of this agreement.The applicant further
sgreasl therefore, that the appropriate remedy in the event of a breach by the Applicant of this agreement shall be
the specific performance of this agreement.
F. Hold Harrnlaat
1. Applicant hereby waives ail claims and recourse against the State including the right to contribution for toss or
dam" to persons or property arising from, growing out of or in any way connected with or incident to Ihu
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 officerf, agents and employees against any and all
claims, demands, damages, costs, expanses 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 ari" under Government Code Section 895.2 or otnarwise except for liability arising out ol'the concurrent or
sale rsogligance of State,its off icars,pants, or employees.
3. In the event State is nemect 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 undertakes to
represent itself as codefendant in such legal action in which event State shall beer its own litigation cons. expenses,
and attorney's tees.
4. In the went of judgment entered against State and Applicant bncause of the concurrent negligence of State and
Applicant, their offices, agents,or employees,an a000rtionment of liability to pay such judgment shall be made by
a court of competent jurisdiction, Neither party shalt request a jury a000rtionment.
G. Financial Records
1. The Apolieant shell maintain satisfactory financial accounts, documents and records for the Project and shell make
them availaple to the State for auditing at rensonaole times.Such accounts, documents and records shall be retained
by the Applicant for three years following project termination or completion.
Ouring regular oHia hours each of the penins hereto and their duly authorized reoresantativos shall have the right
to inspect and make conies of any books, records or resorts of the other party pertaining to this agreement or
nutters related thereto, Apolicant shall maintain and make availaole for inspection by State accurate records of all
of its coats,disbursements and receipts with respect to its activities under this agreement.
2. The Applicant may use any generally accepted accounting system provided such system meets the minimum
requirvmonts as may bo ertablished by State.
H. Use of Facilitios
1. The proDerty acquired or developed with grant moneys under this agreement shall be used by the Applicant only for
the purpose for which the State Grant moneys were requested and no other use of the area shall be permitted
excavt by specific act of the Legislature.
2. The AoptiGnt shalt without Cott to State operate and maintain the property acquired or developed pursuant to this
agreement in the manner and according to the standards acceptaole to State.
I, Nondiscrimination
1. The Applicant shad not discriminate against any parson on the basis of sax, race. color,national origin, age,religion,
anceetry, or physical handicap in the use of any propertY or facility acquired or developed pursuant to this
egreement.
2, The Applicant shall not disCrIm(nJne Against any person on the basis of residence except to the extent that
ressonable diffce,ncas in edmiuion or other toes may be maintained on the basis of rasidence and pursuant to law.
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nOBERTI-Z•b ERG URBAN OPEN 'PACE_AND Rr:CrlrnTlON PROGRAM ACT
Project Agreement
tpecial Provisions
General Provisions
A. Definitions
1. The term"Slate"as used herein means the California Slate Depanment of Parks and Rocrcation,
2. The term "Act"as used herein means the Roberti-Z'berg Urban Open-Space and Recreation Program Act.
3, The term "Project"as used herein means the project which is described un page 1 of this agreement.
4. The term "Applicant"as used herein means the party described as applicant on page I of this agreement.
B. Project Execution
1. Subject to the 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 to, in the Description of Project on page 1 and under the terms and
conditions set forth in this agreement.
Applicant agrees to furnish twenty five (25) percent of the total cost of the Project and to assume any obligation to
furnish any additional funds that may bo necessary Io complew the. projoct. Any modification or alteration in the
project as set forth in the application on file with the State must be submitted to the State for approval.
2. Applicant shall secure completion of the development work in accordance with the Descr iption of Project on page 1
and under the leMIS and conditions Of Illis agrenmont.
3. Applicant shall permit periodic site visits by du; State to dete'llu w if development work is in accordance with the
Description of Project on page 1 and under the terms and conditions of this agicument including a final inspection
upon Project completion.
/
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 16 (commencing with Section 72G0) of Division 7 of Title 1 of the
Government Code and any applicable federal,state,or local laws or ordinances.DOCnillCnlal1011 of such compliance
will be made available for review by tho State upon request.
Applicant agrees to furnish upon request by State preliminary 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 the opinion of State,might inu:rfare 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 it bid package or force account
inlornnation,whichever is applicable., upon request by the State.
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 onsite construction until Project Performance Period begins.
3. The Project Performance Period shall begin upon I_egislativn appropriation of grant funds or upon dale, of
certification by applicanCs attorney,whichever is later.
DPR 601 (Rev. 6/81) (over)
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4, Grans moneys shall be encumbered by the recipient of such moneys within Ihlee years of the. (kite. of ;Ippruval by
the Dil actor of the (Cali lot ilia Dopar 1,nr.nt of Pat 1,•;:file Ilec.oa l i,ut ill I ho;it q if ir.;i i if tui ;nclt Winn ry;: Any Bail ill
grant moneys not encumbered within the lhrue-yeat period :;hall revcll to Ila; State. 'Ihc Cato of applicauun
approval is the date the Director Or Ills authorized representative signs Ills, CL•I11C r11.
D. Project Costs
UD to-ninety (90) percent of the tot at State grans amount (or die Block grant or Need f3asi: grant to he providrd the
Applicant under this agnu;morel shall be disbursed as follow::
1, Upon the State's execution of this agreement and submission of a Payment requosl by tho Applicant.
2. Upon notification of completion of the Block grant or Need Basis grail project as described it, the agroement or as
modified and agreed to by the State.
State may perforin a project completion inspection and may perform a final audit. Upon audit approval, the State will
reimburse the Applicant for the remaining ten (10) porconl of she, lotal Block,grant or Need Uasis grunt to the,extent 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 Slate. The Applicant shall also provide tilt! State a report
showing total final project axpandituras. (Public Rosomces Corse 5625.)
2. Property and facilities acquired or developed pursuant to this agreement shall ho available for inspection by the
State upon request.
3. The Applicant shall use any moneys advanced by tile.Slate under Oho [cities of this ugwolllunt solely for the Project
heroin described. (Public Resources Code 5G2G(a).)
4. If grant moneys are advanced, the Applicant should place such momu:ys in a separate inleicst-bearing account,setting
up and identifying such account prioi to the advance. Interest earned un gnarl moneys shall ht:used on the projoct
or paid to the State. If grant moneys are advanced and not expended, the unused portion of the, grant shall he
ieturnod to the Stine.
5. Gross income that is oersted by Ilia Applicant froth :I Slate i tpprnved, note reCloallUn nSe On ;Ill aCrlltisiliOn pr OjaCl,
subsequent to the Applicant's laking tide,IDUSt be used by the Applicant fur iocreallun purposes at the. Projoct.
F. Project Termination
1. Applicant may unilaterally rescind this agreement at any little prior lu lite expendilute of grant funds. After
expenditure of grant funds, this agrmune.rtt may be rescinded, modified or amended only by mutual agicement in
writing.
2. Failure by the Applicant to comply with the terries of this agroen)etu or any other;Igrervncnt under the Act tray be
cause for suspension of all obligations of Ila Suite hereunder.
3. Failure of the Applicant to comply with tho terms of this agmemCnl Shull not he, cause for the suspension of all
obligations of the Slate hereunder if, in the judgment of the Sun,:,such failure was due nr no fault of the Applicant.
In such case, any amount required to settle at minimum cost any irrevocable Obligations properly incurred shall be
eligible for reimlTrr SCmem under this agreeinenl.
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4, Because the benefit to be derived by the Star(!, from the full compliance by the Applicant with Ihr. torins of this
agreement,is the preservation,protection and net increase in the quantity and quality of parks and public ierrutmon
facilities available to the people of the State of California,and because such bene.lil exrcuds to an inniv:usurable and
unascertainable extent the amount of money furnished by the State by way of grant rn Cocys 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 remedy
in the event of a breach by the Applicant shall be doe SUbsillUli011 of a project agreed upon by both the. Applicant
and the State to be completed within a period of lime r;esulbllshod by the Su:la.
5, If ilia project includes development, final payment may not be, made until the project conforms substantially with
this agreement and is a useable public recreation facility.
G. I lold Harmless
1. The Applicant hemby waives all claims and recourse,agaitrrll Ile. Smnl lochuliny Ohll nghl lu contribution for loss or
damage to persons or property ;rising from, growing out of, or in oily way cunoccled with or incident to this
agreement except claims arising from the concurrent or sole oogllgonce of Nu; Slate„ its officer:;, agents, and
employees.
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2. The Applicant shall indomnily, hold h;InnleSS and defend Ihu State, its olficei::. ;igenc and omployries against any
and all claims, demands, damages, costs, expenses or liability costs arising out of the ❑cquisition, development,
construction, operation or maintenance of the property described as the Project,which claims,demands,or causes
of action ariso under Government Code Soction 895.2 or olherwi.e.except for liability arising uul of the concurrent
or sole negligence of the State,its offie0rs,ageols,or employees.
3. In the event the SIaic is named as cochifend;nn once, 11111 provisions of Governnenl Code Scctioo 895 m sell'. the
Applicant shall nolify the Sww of such Incl and shall loanwent the :dale in Cllr Inpal action unlet; Ile ;,Tale
undertakes to represent itself as codefendant in such legal action; in which evenl the Slate shall bear its own
litigation casts,expenses,and attorney's fells.
4. In the event of judmont entered against t11u Stale, and Applicant bo(:;nano of the concurrent negligence of the State
and Applicant, their officers, agents, or employees, an apporlionmrnt of liability to pay such judgment shall be
made by a court of competent jurisdiction. Neither parry shall request a jury apportionment,
5. The Applicant shall indemnify, hold harmless and defend Ihu Statc, its offices:;, agrnls and amployees against any
and all claims,demands, costs, expenses or liability costs arising oul of legal actions pursuanl to items to which the
Applicant has certified. Applicant acknowledges that it is solely responsible (or compliance with heal" to which it
has certified.
}i. Financial Records
1. The Applicant shall maintain satisfactory financial accounts, documents and recorcl:; for the project and shall make
them available to the Slate for auditing at reasonable times.Such accounts,documcol.and records shall be, reto;nrd
by the Applicant for three years following project termination Or'complotion.
During regular office hours, each of the parties hereto and their duly authorized represcntalives shall have the right
to inspect and make copies of any books, records or reports of the other party portaining to this agreement or
matters related thereto. The Applicant shall maintain and make available for inspection by the State, accurate
records of all of its costs,disbursements and receipts with respect to its activities uodr this agreement.
2. The Applicant may use any generally accepted accounting s'y:ucm.
I. Use of Facilities
I. The property acquired or developed with grant moneys under this agreement shall be used by the Applicant only for
the purpose for which the State grant moneys were requosted and no other use of the area shall be permitted except
by specific act of the Legislature. (Public Resources Code 562G(3).)
2, The Applicant agrees to maintain and operate Ihu property acquired or devulopucl for a period commensurate will)
the type of project and the proportion of Slate Grant funds and local funds allocated to the capllal costs of the
project.
). Nondiscrimination
1. The Applicant shalt not discriminate against any person on the ba!;is 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 mLmbers of the public, generally, oxcept as noted under the spocial provision;of this
project agreement.
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N'! firr $- 3
STATE,URBAN,AND COASTAL PARK BONO ACT OF 1978
I
iProject Agreement
Spceial Pro+isioru
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General Provisions
A. Oefinitions
1, The term"Stain'*in used herein means the California State Department of Pbrks and Recreation.
2. Tho term"Act" as used herein means the Stain. Urban, and Coastal Park Bond Act of 1976 as amended.
a The term -Project' as used herein moons the project which is described on page I of this x1ran menti
4, The term"Applicant" as used herein means the party described as applicant on Daae I of thin agreement.
S. Project Execution
1. Subject to the availability of grant moneys in the Act, the State hereby grants to the Acolicint a sem of money [grant
moneys) not to exceed the amount stated on page 1 in consideration of and on condition that the tum on expanded in
carrying out the purooses as tat forth in the Oeteription of Project an page I and under the terms and conditions sat
forth in this agreemant.
Applicant agrees to assume any ootigation to furnish any additions) funds that may Iza necessary to complete the
project Any modification or alteration in the project as tet forth in the application on file rich the Stain mutt be
submitted to the State for acprovai.
2 The Applicant agrees to complete the Project in accordance with the time of project oarformance sat form on page 1,
and under trio terms and Conditions of :his agrremenr.
1. It :he Project includes development, :he development plans and specifications snail be reviewad and aporoved by the
S to tat
4. The Alaolicant shall secure completion of :he developmant work in accardar * with the approved development Diana
and specifications or Force Account Schedule,
5. The Apolicant (hall permit periodic site visits by the State to determine if development work is in accordance wim the
approved plans and specifications or Force Account Schedule, irx:uding a final inspection upon Project rompletion.
6. All tigniricsnt deviations from the Project snail be suomittad to the Stain for prior approval.
7. If the project includes acouisition of real property, :he eurchasa price entail be the fair market value at each properly as
osrualished by rho Applicant's approved appraisal of such property •whirh has also been approved by State or the
amount eststolisnod u compensation by a nonstieulated final judgment in an eminent domain proceeding. The aoorovad
sopraisal report(preonrod in aecordanco with Gavurnrmont Code Section 7267 to 7?67.7 velli we) ru«l to aiiaolim the
fair market Yellin or eombensation snail be furnished to State for review and aoorpvat•Applicant agrees to furnish State
additional wpoortivv appraisal material or justification is may be requertal by Stale.
Ataplicam agrasrs to furnish State preliminary title rtOOM respecting such real property or aicn Diner ?vidancn of title
M1ich is dotarmined to be sufficient by Stara. Applicant agrees in n¢gouatef Durchasas to correct prior to or at :na
closet of escrow arty cef Oct% of title which in the opinion of Stare might nterferrn with trio coeration of the Project. In
COndamnation actions such cillo de}ocn muit be eiiminaled by the final jwogmanl.
a, Applicant in accuiring real prooarty, the cost Of 'which :s to be reimbursed 'nim grant moneys under this agreement.
matt comply with Chapter 16 {commencing with Section 726GI of Civision 7 of Title I of the Government Cope ono
any aoolieaole focafal• slain, or local lawn or ordinances.. Oocumenotion of such camelian s will be mega available for
rwiow by the Stara upon rozuesr.
27
Tho grant monoys to ba provided Applicant under this agnsement shall be disbursed a follows:
1. If the Project indudos acquisition of nal pr000rty, the State shall disburse to Apolictnt the grant moneys as
follows,but not to axoead in any event the State grant amount sat forth on oago I of this agreement:
a. when aquWtion is through negotiated purchase, Stare M11 disburse the amount of the State approved
purchase price together with State approved costs of acquisition,
(1) Soto may ale(n i0 make disbursement for deposit into escrow.
b. When acquisition is through procacdings in eminent domain, State will disburse the amount of the total
award as provided for in the final order of condcmnation together with State approved ca=ts of acquisition,
C. In the event Applicant abardorts such eminent domain proceedings. Applicant agrees to Lear all costs in
connection therewith and that no grant moneys -.hall be disbursed for such casts,
2. It the Project indudes develooment,.atter =oroval by State of Apolic:nt's plans and saeciflatiorts or Force
Account Schedule and after completion of the Pr*c-or any chase or unit thereof. State snail disburr. to Acclic:int
upon neoiet and aooroval by State of a statement of incurred cas-s .from Aoolicant, me amount or Burn approved
incurnro ciosts shown On su&i statement. not to exCd Inc State ;rant amount set forth On page 1 of this
aQre:merit, or any remaining portion of such grant amount to ttse extent of sucn statement. State may Cizburx up
to 90% of the State grant amount aflotGted for cevaioomenl ucon receipt and aocrovas by State of Aoclia:int's
plans and specifications or Fore Account Sc-nedulo.
The mtements to be submitted by Aoolicnt shall set forth in detail the incurtea or estimated c„st of work
performed or to be performed on dewlooment of the Proiec: and .,hetner performance will be by convru4ion
contract or by force account. Statemenu snail not to submitted more frequently than ninety day perioes unless
otherwise recuenad by State.
Meeihcarions of the development plan ane znedule must ba aooroved by State prior to any deviation from :fie
State aoorowd plan and schedule unfesa previously autnori Zee by the State.
0. Project Aoministration
1. Tl:a Applicant shall promptly sucrnrt sues Moons as Inc State .may •eeuest.
In any event Aoclirant shall pravids State a recart snowing total final ?rolect excengitum,%,
2. Prroary and facilhiat acouired or eevelooad punuant to this agreement sisal be avaglacle for inspection by me
State upon rvquait.
7. The Avolicant snail use any mcneys acranced by Inc State under the terms of this agreement solely for the Project
herein eesc.-ibed.
a, If grant monays are advancad. :he Acel cant 0241 place such moneys in a sesame intertn Searing account,se-ung
uo and identifying such account prior to the advance, Interest tamed on gent moneys mall be Lied on the project
or paid to the Stacy. It gram moneys an scyanCc apo not expeneed. Inc unused yarion of :ne grant snarl to
retumad to ins State within 60 Gays of comeiation of the Project or ens of the Preiec: Performance penod.
wrionever is aarfier.
5. Grc= intorno that is earnod by the Aoptieusr from a State aocroyea nonrecceationat use on an acquisition Orelect,
subsmouant t0 eking title ty the Apotion[, court be usuo by Ileo ADo6carht for rec.- ationat ourcows at :::e Prefect.
E. Project Termination
1. The Applicant may unilatarally rescind ails agreement at any time prior :a the commencement of the P:eject. After
Project =mmon"meni this agreement may to m3cricta.modified or 3mendea by mutual agracment in writinq.
2. Failure by The Aodicgnt to comply witn the terms of ;pis agreement or any otratr aoreement uncer t, e Ac:may be
cause for susoansion of all obligations of :ne State nereunaer.
2. Fsilun of Ina Accjicant to -ornoty -Nnn the ;erttli df ;'tis agreement wail not to Cause `or the lusaerislon of it,
obligations of the State hereuncef ii in .ne 'Legment of isle Slate su C1 failure '+ % due 'o no fault of Inc Acol,Oni.
In tuc9 Casa, any amount feOWred :a sy Rle 31 mini nm cast env :rr. cacie cottrar;ons arcderly incurt c stall
sligible for numoursament uncer Inas agreerrsent, t
28
4. Because the benefit to be derived by the State, from the full compliance by the Applicant with the terms of this
agraernant, 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 becsum
such benefit exceeds to an immeasurable and unasceruinablo extent the amount of money furnished by the State
by way of grant moneys under the terns 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 State 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 shail be
the specific performance of this agreement.
F. Hold Harmless
1, Applicant hereby wmive% all claims and racourse 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. Aopliont shall indemnify, hold harmless and defend State, its officers, agents and employees against any and all
claims, demands, damages. cons, expenses or liability costs arising out of the acquisition, dev!aooment•
constru Cion, operation or maintenance of the property described as the Project which claims.demands or causes of
action arise under Government Coat Section 895.2 or otherwise except for liability arising out of the concurrent or
sole negligence of State, its officers• agents,or employees.
J. In the event State is named as codefendant under the provisions of Government Code Section 895 er seq., :he
AcpGcani shall nosily State of such fact and shall represent State in the legal action unless Slate unoenakes to
represent itself as codefendant in such legal anion in which event State shall bear its own Irtiganon costs,expenses,
and anomey's Iles.
a. In the event of 'judgment entered against Slate and apoi cant because of tree concurrent negltg:nca of Stare and
Applicant. their officers. agents,or employees,an a000ruaoment of liability to pay suet ludgment shall be made by
a court of competent jurisdiction. Neither party snail request a jury armornervnent.
G Financial Records
1. The Aoclicanr snail maintain satisfactory financial accounts, cocuments and records for the Project and shall make
them 'available to fine Stale far auditing at reasonable times.Sucn accounts. cocuments ane records 5,1311 be retainer
by the Aaolicant for three years following project termination or comolenori
During regular office hours each of the Parties hereto and tneir duiy authorized repre—.entztives snail nave the ngnt
to insoact and make copies of any books, records or reodrtf of the other party pertaining to this agreement or
matters related thereto. Applicant shall maintain and make available for insoeeion by State accurate records at all
of its cons, disbursements and reeeigts with feaoea to its activities under tnis agreement.
2. The Apoticant may use any generally accepred acaunring system.
A. Use of Facilities
f
I,. The property acquired or developed with grant moneys under this agreement shall be used by the Aeolicant only for
the purpose for which the State Grant moneys were requested and no other use of the Mea shall be permi[teci
except by specific act of the Legislature,
2. The Applicant shall without can to State operate and maintain the property acquired or d"eiotsed pursuant to this
agreement in tht manner and according to the standards acceptable to State.
1. Nondiscrimination
1, The Appli Gant 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 aatuired ar devalooed pursuant to this
agreement.
2, The Apdicunt shall not discriminate against any Person on the basis of residence except to me extent that
reasonabie aifierenees in admission or other fees may be maintained an the basis of resident and pursuant to law. '
J. All facilities shall be poen ro members of the public ?enerady, exr of as noted under the Special omvis:ons of :nis
project agreement,
i
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 Dopartmert of Parks and Recreation.
2. The term "Act"as used herein means the California Parklands Act of 1930.
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 un page 1 of this agreement.
B. Project Execution
1. Subject to the availability of grant moneys in tho Act, the Stoic hereby grants to ilio Applicant a sum of money (grant
morays) not to exceed the amount stated on page 1 in considaration 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 project as set forth in the application on file with ilia Slate roust be
submitted to the State for approval.
2. The Applicant agrees to complete the Project in accordance with the time of project performance at forth on page 1,
and under ilia terms and conditions of this agreement.
3. If the Project includes development, the dovolopment plans and specifications or Force Account Schedule shall be
roviewed and approved by ilio State.
4. The Applicant shall secure completion of the development work in accordance will) the approved development plans
and specifications or Force Account Schedule.
G. The Applicant shall permit periodic situ 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.
G. All significant deviations from the Project shall be submitted to the State for prior approval.
7. Applicant in acquiring real property, ilia eligible cost of which is to be reimbursed with grant moneys under this
agreement, shall comply with Chapter 1G (commencing with Section 7260) of Division 7 of Title 1 of the Government
Code and any applicable federal, stale, or local laws or ordinances. Documentation of such comfilianco will be, made
available for review by the Stam upon request.
S. Applicant agrees to furnish State preliminary title reports respecting Such mal 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
Tho Grant moneys to ba provided Applicant candor this agreement may ba disbursed as follows:
1. If tho Project ineludas acquisition of real property, the. State may disburse to Applicant the grant moneys as follows,
but not to exceed in any event the Stale grant amount set forth on page 1 of this agreement:
a. When acquisition is through negotiated purchase,State may disburse the amount of the Stele 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 condemnation together with State approved costs of acquisition.
C. In the event Applicant abandons such eminent domain proceedings. Applicant agrees to bear all costs in
connection therewith and that no grant moneys shall be disbursod for such costs.
7.
0 P 653 (11/80)
1
30
i
2. If lire Projnct includes dovalopmont, alter :tpp,uval by Stuw of Appliic:in Cs plan; and sperlllr;aliore:ur For(:e.Account
Schedule and after completion of lila Project or any phase or unit therruf, State rnay disburse to Applicant upon
receipt and approval by State of a statement of incurred costs from Applicant, flea amount of such approved incurred
costs shown on such statement, not to exceed the Stat: grant amount sat beth oil pa{{e t of this agfeement, or any
remaining portion of such grant amount to the extent of such stalwrww. State, may disburse up to 100%of the Stale
grant amount allocated for development upon receipt and approval by Slue of Applicant's plan.and spuclllrations or
Force Account Schadule..
The statements to be submitted by Applicant shall set forth in&Lait the incurred or estimated co::t of work performed
or to be performed on development of the. Project and whether performance will be by constntction contract or by
force account. Statements shall not be submitted more, frequently than ninety day perlotlS unless otherwise rp.quested
by State.
Modifications of the development plan and schedule must be app,ovcd try Stale print to any deviation from the Stat:
approved plan and schedule unless previously authorized by the, State.
D. Project Administration
1. The Applicant shall promptly submit such reports as the State may requpst,
In any event Applicant shall provide State a report showing total final Project expendltumn.
2. Property and facilities acquired or developed pursuant to this agreununn shall be available, for insp:ction by the State.
upon request.
a. The Applicant shall use any moneys advanced by the State under the terms of this agn:enn:nt solely fur the Project
herein described.
4. If grant moneys are advancad,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 un 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 GO days of completion of the Project or end of the Project per fortn;tnce period,whichever is earlier.
n
5. Income earned by the Applicant from a State approved non-recreational us(: on a (leant project .hall be used for
recreational purposes at Ile grant project, or, if approved by the Stale, ler recreational purpo:;ts within tlu: Applwanu;
jurisdiction.
E. Project Termination
I. The Applicant may unilaterally rescind this agreement at any time prior to the :w nm:na:m:nt of the Project. Afl:r
Project commencement this agr:ement may ho fescinded,modified or am:nd:d by mutual:tgn:cnwm in writing.
2. Failure by the Applicant to comply with the terms of this agreement or any other agrrp.nuan undpr the Act may be
cause for suspension of all obligations of the State hereunder.
a. Failure of the Applicant to comply with the tares of this agreement shalt not tie cause (or the suspension of all
obligations of the State hereunder if in the judgment of ilia State such failure was duo to no fault of the Applicant. In
such case, any amount required to settle at minir nun cost oily irrevocable obligations properly incurred shall be eligible,
for reimbursement under this agreement.
I
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 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 agrcenwnt 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 remady in the event of n breach by the Applicant of lhlr. agnmm:nn shaft be the specific
performance of this agreement.
F. Hold Harmless
{. Applicant hereby waives all claims and recourse against the Sone 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 06,-agreement except
claims arising from the concurrent or sole negligence of Stale, its officers,agents,and employees.
2. Applicant shall indemnify,hold harmless and defend State, its officers,agents and employees against any and all claims,
demands, damages,costs,expenses or liability costs arising out of the acquisition,dpvelopmem,construction,operation
or maintenance of the property described as the Project which claims, do ninds or causes of action aline 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.
:1
31
3. In the event Slate is named as codolorldant under ilia provision, of Government Corin Section 895 P.t seq., tha
Applicant shall nal;IV SuuO of such lost and shnll reprasurlt :;I:nu ill Ihn fugal anion unless Stag, untlurral;r: 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 arid Applicant becouso of the concurrent negligence of State arid
Applicant, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a
court of competent jurisdiction. Neither party shall request it jury apportionment.
G. Financial Records
1. The Applicant shall maintain satisfar:tory financial accounts, documents and records for ilii, Project and shall maka
them available to the State for auditing at 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 hureto and their duly authorized representatives 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 inspection by State accurate records of all of its
costs,disbursements and receipts with respect to its activities undor this agreement.
2. The Applicant may use any generally accepted accounting system.
H. Use of Facilities
1. Tha property acquired or davoloped with grant monays undor this agroemnnl sh;Jl bu used by the Applicant only for
the purpose for which ilia Slate Granl money;Wine roqueSted❑nd no other u:u of Ira ar ea'audl be pernlitlLd Except by
specific act of ilia Legislature.
2. The Applicant agrees to maintain and operate the property acquired or developed for a period conunensuraic with the
type of project and the proportion of Slate Grant funds aril local funds allocated to lbe capital costs of the protest.
I. 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 nmintaincd on the basis of residence and pursuant to law.
3. All facilities shall be open to members of the public generally, except as notud under the sprcial provisions of this
project agreament.
4
32
• LAND AND WATER CONSERVATION FUND PROJECT AGREEMENT
I. Definitions
A. The term "HCRS• as used herein means the Heritaga Conservation and Recreation Service,United States Department
of the Interior.
8. The term "Director" as used herein means the Director of the Heritage Conserved , and Ra reation Sarvlca, or any
ropresantativa lawfully delegated the authority to act for such Director,
C. The term "Liaison Officer"as used herein means the California Director of Parks 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 meant the project or project segment which is the subject of this agreement as
defined in the Project Proposal.
j F. The toren "Project Proposal" as used herein moans the form and all supplemental attachments used to describe and
animate the cost of o planning, acquisition, or development project filed with the Liaison Officer in support of an
application for federal financial assistance.
G. The term "State" or used herein means the State of California,and/or Its official representative, the Department of
Parks and Recreation.
H. The term "Participant" as used herein moans the recipient of the federal funds to be disbursed in accordance with the
terms of this agrooment.
I. The term *'State Fundi• 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 1965,7B Stat.897(1964).
it. Continuing Azsursncoa
The parties to the project agreement specifically recognize that the Land and Water Conservation Fund assistance project
croates an obligation to maintain the property described in the project agroement Consistent with the Land and Water Con-
earvatlon Fund Act and the following requirements.
Further, It'is the acknowledged intent of the parties hereto that recipients of assistance will use moneys granted horeundor for .
the purposes of this program, and that assistance granted from the Fund will result in a'net increase, commensurate at least'
with the State cost-share, in a participant's outdoor recreation. It is intended by both parties hare.to that assistarr. from the
Fund will be added to,rather than replace or be substituted for,State and local outdoor recreation funds.
A. The participant agrees,as recipient of this assistance,that it will most the following specific requirements and the terms
of the proiect agreement.
B. The participant agrees that the property descri bad in the project agreement and the dated project boundary mop made '
part of that agreement is being acquired or developed with Land and Water Conservation Fund assistance or is integral
to such acquisition or dovelopment, 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 '
In public outdoor recreation in perpetuity or for the torm 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 plan and only upon such conditions as he deems necessary to assure the substitution of other recreation
properties of at leart equal fair market value and of reasonably equivalent usefulness and location. This replacement
land bacomes subject to Section 6(f)(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 altar 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 Section 6(f)(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 os a result of such reversionary interest being exercised is approved. In
receipt of this approval, the participant agrees to notify the State of the conversion as coon as possible and to sock
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,after the conversion
of property takes plata. The provisions of this paragraph arc also applicable to: loosed properties acquired and/or
developed with Fund assistance where such lease is terminated prior to its lull term due to the existenco 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 baneflt 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 unaacartainable extent the amount of money furnished by the State by way of assistanca 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 agrearnont 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 Sarvice (HCRS) Grants4n-Aid Manual. Provisions of said Manual are incorporated into and made a part of
the project agreement.
• E. The participant agrees that the property and facilities described In the projact agreement shall be operated and main-
tained as prescribed by Manual requirements,
Is. The participant agrees that a permanent record shall be kept in the participant's public property records and available
for public inspection to the effea that the property described in the scope of the project agreement, and the dated
project boundary map made part of that agreement,has 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 Secrotary of the Interior.
G. Nondiscrimination
1. The participant shall comply with Title VI of the Civil Rights Act of 1964 (P.L.88.352) and in occordanca with
Title V1 of that Act, no person 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 measures nocauary to effectuate this provision.This assurance shall be binding on the
participant or any political subdivision or other appropriate public agency to which Fund assistance or property
acquired or developed with Fund assistance hes bean transferred for public recreation purposes.
2. The participant shall comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 20004) prohibiting em-
ployment discrimination where (I) the primary purpose of a grant is to provide employment of 12)
diecrimtinatory employment practices will result in unequal treatment of persons who are or should be bona-
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 Service.
4. The provisions of the first three paragraphs apply to any part of the recreation system within which the assisted
facility or property exists.
5. The participant shall not discriminate against any person on the basis of residence, except to the extent that
reasonable differences in admission or other feet may be maintained on the basis of residence at sat forth in the
Manual.
I11, Project Assuruncos
r
A. Applicable Federal Circulars
The participant shall comply with applicable regulations, policies, guidelines and requirements including Office of
Management and Budget Circulars No, A-95 (Evaluation, review, and coordination of federal assistance programs and
Projects) and A-102 (Uniform administrative requirements for granuminaid to state and local governments) and FMC
74-4 (Cost principles applicable to grants and contracts with state and local governments) as they relate to the appll-
cation,acceptance and use of federal funds for this federally assisted project.
a. Project Proposd
1, The project proposal for State assistance bearing the some project number as the agreement and associated
documents is by this reference made o part of the agreement.
2. The participant possesses 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.
3. The participant has the ability and intention to finance the non+tate share of the costs for the project.Sufficient
funds will be available to assure effective operation and maintenance of (tie facilities acquired or davoloped
by the project.
34
C. Project Execution
1. It Is undarttood by the parties hereto that this agreement shall riot obligate State of California funds for the
project costs 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 are received by the Liaison
Officer from the Heritage Conservation and Recreation Service.This Item shall not apply when the participant is
on agency of the State of California.
2. The Liaison Officer hereby promises. In consideration of the promises made by the participant heroin,to accept
appropriated federal funds for the purposes of the project and disbuna the tame to reimburse the participant up
to 60 percent of the eligible project cost not to exceed 50 percent of the direct project tort shown in this
agreement; except for a surcharge for administrative costs to be applied to twice the federal share of direct
eligible project Scotts. The surcharge is to be deducted from the reimbursements received from the Federal
Government applicable to this project and will be computed at the federally approved surcharge rate in affect
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 torminate at the and of the stated or amended project period unlass the project a
is completed or torminated 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 clement Is approved.
4. The participant will cause work on the project to be commenced within a reasonable time after receipt of
notification that funds he" been approved and assure that the project will be prosecuted to completion with
reasonable dillganca.
6. The participant will require the facility to be designed to comply with the "American Standard Specifications
for Making Buildings and Facilities Accessible to, and Usable by, the Physically Handicapped;' Number
Al 17.1-161, as modified (41 CFR 101.17.703). The State will be responsible for conducting Inspections to
insure compliance with these specifications by the contractor.
0. The participant shall secure completion of the work In accordance with approved construction plans and spec-
_ Iffcatfona,and shall secure compliance with all applicable federal,state,local fawn and regulations.
7. In the event the project covered by the project agreement. including future stages of the project,cannot be
completed in accordance with the plans and specifications for the project:the participant shall bring the project
to a point of recreational usefulness agreod upon by the participant and, the Director or his designee, and the
Liaison Officer,
8. The participant will provide for and maintain competent and adequate architectural engineering supervision and
Inspection at the mnstruction site to Insure that the completed work conforms with the approved plans and
spacificatlons;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 11 and Title III,the Uniform Ralocation Assistance and Real
Proparty Acquisition Policies Act of 1970 IP.L. 01.646), 94 Stat. 1894 (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 developod with assistance under the project agreement.
10. The participant will comply with the provisions of: Executive Order 11988, relating to evaluation of flood
hazards: Executive Order 11288, relating to the prevention, control, and abatement or water pollution, and
Executive Order 11990,relating to the protection of watiands.
11. The participant will comply with the flood Insurance purchase requirements of Section 102(x) of the Flood
Disatter Protection Act of 1973,Public Law 93-234,87 Stat.975,approved December 31,1976.Section 102(al
requires, on and offer March 2, 1975, the purchase of flood insurance in communities where such insurance is
available as a condition for the receipt of any federal financial assistance for construction or acquisition purposes
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 ledonal assistance.
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, punuant 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
agrees to insort 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 (16 U.S.C. 470), Executive Order 11593, and the Archeological and
Historic Presarvation Act of 1966 (16 U.S.C. 469a-1 at seq.) by (a) consulting with the State Historic Pres.
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arvatlon 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 Isee 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 aft requirements established by the federal grantor agency to avoid or mitigate adverse effects upon such
properties.
D. Construction Contracted for by the Participant Shall Meet the Following Requirements:
1. Contracts for construction In excess of $10,000 shall be awarded through a process of competitive bidding
involving formal advertising,with adequate purchase description, sealed bids, and public openings.Copies of all
adwrtisornants,bids, and a copy of the contract shall be retained for inspection by the Director and the State.
2, The participant shall Inform all bidden on contracts forconstruction that federal funds are being used to assist
In construction, .
3. Wrlttcn change orders shall be issued for all necessary changm in the facility being constructed under contracts
of$10,000 or mora. Such change orders shall be made a part of the project file and should be kept available for
audit.
4. Contracts for construction shall 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).
5. The participant will comply with other procurement standards of OMS Circular A-102, Attachment O,except
for provisions related to compliance with Davis Bacon Act requimmenu Iunlass 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).
_ 6. The participant shall Incorporate,or cause to be Incorporated,into all construction contracts exceeding 510,000
(tan-thousand),the following provisions:
"During the performance of this contract,the contractor agrees as follows:
•"l1) The contractor will not discriminate against any employee or applicant for employment because 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 race, creed, color, or
national orgin. Such action shall include, but not be limited to, the following: Employment;upgrading;domo-
0on or trander; recruitment or recruitment adwrtising; layoff or termination; rates of pay or other forms
of compensation; and selection for training, including apprenticeship. The contractor agrees to post in con-
spicuous places, available to employees and applicants for employment, notices to be provided by the contra-
cting officer setting forth the provisions of this nondiscrimination clause.
'12) 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.
"(3) The contractor will send to each labor union or representative of won kors with which he has 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' reprmentatiw of the contractor's commitments under Section 202
of Executive Order No. 11246 as amended (3 CFR 160(19741),and shall post copies of notices in conspicuous
places available to employees and applicants for employment.
-14) The contractor will comply with all provisions of Executive Order No. 11246,as amended,and the rules,
regulotlons,and relevant orders of the Secretary of Labor, ,
"151 The contractor will furnish all information and reports required by Executive Order No. 11246, as a-
mended, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto• and will
parnit 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 suds 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 part and the contractor may be declared ineligible for further Gowrnment contracts in accordance with
procedures authorized in Executive Order No. 11246,as amended,and such other sanctions may be imposed and
remedies 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 low.
••17) The contractor will include the provisions of Paragraphs (1) through (7) in awry subcontract or purchase
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. The 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 "fictions 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 contracting agency,the contractor may request the
United States to enter into such litigation to protect the interests of the United States.
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7. The participant shall (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 furnith to the Secretary of the Interior and to the Sec.
. rotary of Labor such information as they may require for the supervision of such compliance, (4) enforce the
obligation of contractors and subcontractors under 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 11, Subpart D, of Executive
Order No. 11246,as amended,and (6) refrain from entering into any contract with a contractor debarred from
Government contracts under Part it. Subpart D, of Executive Order No, 11246,as amended. In addition, the
participant agrees that if 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 auuranca of future compliance has been received from such applicant; and refer the cess to the
Department of Justice for appropriate legal proceedings.
E. Conflict of Interacts
1, No official or employes 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 shall haw 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&ball 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 pro)ect. No officer or employee of such person retained by the participant shall have any
financial or other personal interest in any real property acquired for this project unless &rich interest is openly
disclosed upon the public records of the participant,and such officer,employee or person has not 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 be in the form of an agreement made with a corporation for its
general benefit.
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 shall take part in any of the political activity prncribed In the Hatch Political Activity Act
Act,5 U.S.C.Sec. 118k (1964),with the exceptions therein enumerated.
G. Project Costs
1. 1 Project costs eligible for assistance shall be determined upon the basis of the criteria set forth in tho Manual and
FMC 74-4.
2. -The agreement 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 LiaRon Officer may
request,
2. Any moneys advanced to the participant are "public moneys" and shall be deposited in a bank with FDIC r
insurance coverage and the balances exceeding the FDIC coverage shall be collaterally secured as provided for in 1
12 U.S.C.265.
3. The participant shall use any funds received by way of advance payment from the State under the terms of this '
egreamrant solely for the project or project stage described in the agreement.
4. Properties and facilities acquired or developed with Fund assistance shall be available for inspoction 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 i
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 shalt be retained beyond the three-year period if audit
findings haw not been resolved,
2. The retention period starts from the date of the final expenditure report Int the project or the com0612ted
project element.
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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 reprosantatives, shall he" access to any books.docurnenti, papers, and records of the partic-
ipant and their subgrant"s which are pertinent to a specific project for the purpose of making audit, exam-
. Ination,excerpts and transcripts.
J. Project Termination
i, The Liaison Officer of the Director may temporarily suspand State assistance under the project pending correc-
tive action by the participant or pending a decision to terminate the grant by the HCRS or the State.
T. The participant may unilaterally terminate the Project or consolidated project element at any time prior to the
first payment on the project or consolidated project element. After the initial payment• the project may be
terminated,modified,or amended by the participant only by mutual agreement.
3. The Unison Officer or the Director may terminate the project In whole,or in pert,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 cause shall be in accord with the legal rights and liabilities of the parties.
4. The Director, State, or participant, may terminate gents in whole• or in part at any time before the data 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-
ditions, including the effective data and, in the case of partial termination conditions, including the effective
data and, In the case of partial termination, the portion to be terminated. Tho granted 111211 not incur new
obligations for the terminated portion after the effective date, and shall caneal as many outstanding obligations
as possible.The State may allow full credit to the participant for the state sham of the noneancellabla obliga-
tions,properly incurred by the grantee prior to termination.
S. Termination either for cause or for convenience requires that the project in question be brought to a nets of
recreational usefulness agreed upon by the participant, the Liaison Officer, or the Director,or that all funds
provided by the Heritage Conservation and Recreation Service be returned.
K. Fund Acknowledgment
The participant will permanently display in a conspicuous place a bronze plaque which acknowledges Land and Water
Conservation Fund assistance. The plaque will be provided by the State Department of Parks and Reemation and its
Installation by the participant will be required upon initial development of the property.
L Hold Harmless
The participant shall indemnify the State of California and its officers,agents and employees against and hold the lame
fore and harmless from any and all claims, demands, damagas, losses, costs, and/or expenses of liability due to, or
arising out of, either in whole or in part, whether directly or indirectly, the organization, development,consinlction,
operation,or maintenance of the project.
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