HomeMy WebLinkAboutMINUTES - 05011984 - 1.16 THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on May 1,1984 by unanimous vote:
AYES: Supervisors Powers , Fanden, Schroder, Torlakson
NOES: None
ABSENT: "Supervisor McPeak
RESOLUTION NO. 84/256
(Government Code Sec. 25550.5)
SUBJECT: Approving Conveyance of
Various County Properties
CSA R-8
W.O. 5127
Walnut Creek Area
The Board of Supervisors of Contra Costa County RESOLVES THAT:
Pursuant to Resolution No. 83/858 dissolving County Service Area R-8
and ordering the transfer of all property held by the County for the Service
Area to the City of Walnut Creek,
This Board hereby unanimously DETERMINES and FINDS that said properties,
as described in Exhibit "A" attached hereto, have been improved and/or acquired
for use as public parks or for amusement or recreational purposes, are local
in character to the Walnut Creek area and should be transferred to the City
of Walnut Creek.
This Board hereby APPROVES the conveyance of said real property to the
City of Walnut Creek 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 (Parcels 1-11) as public parks,
amusement or recreational areas for the benefit and use of all
residents of the former County Service Area R-8 and the incorporated
area of the City of Walnut Creek.
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 Walnut Creek and cause its delivery to the City for acceptance, together
with a copy of this Resolution.
I hereby certify that this Is a hue and correct copy of
Orig. Dept.: Public Works (RP) an action taken and p""vd on the mkutea of the
cc: County Administrator Board of Superriaors on the daft shown.
County Counsel
City of Walnut Creek (via R/P) ATTESTED:
Planning Department J.R. OLSSON. COUNTY CLERK
P. W. Accounting and ex officio Clerk of the Board
RESOONNA.T4
RESOLUTION NO. 84/ 2 5 6 _
.By u '`"`.o � Deputy
00g
t
4 '
Conveyance to City of
Walnut Creek
i
CSA R-8
EXHIBIT •A'
Parcel One - Shell Ridge
All that real property described in the following deeds to Contra Costa.
County:
a) Recorded October 5, 1978 in Book 9040, Official Records, at page 596. (139-
120-002)
b) Recorded August 16, 1978 in Book 8969, Official Records, at page 262. (182-
190-031 & 032)
c) Recorded September 29, 1975 in Book 7635, Official Records, at page
553. (139-180-003)
d) Recorded June 8, 1976 in book 7892, Official Records, at page 371.
(139-180-007 & 008)
e) Recorded November 16, 1977 in Book 8593, Official Records, at page
296. (139-110-004; 139-130-012)
All that real property described in the grant of easement to Contra Costa
County Recorded July 17, 1978 in Book 8925, Official Records, at page 725.
(across 179-190-017)
All that real property described in the following Final Orders of Condemnation:
a) Recorded June 22, 1976 in Book 7910, Official Records, at page 695.
(139-130-005; 008 & 010)
b) Recorded October 25, 1976 in Book 8065, Official Records, at page
543. (139-180-001 & 010)
c) Recorded April 21, 1976 in Book 7832, Official Records, at page 369:
(180-350-007)
d) Recorded February 9, 1977 in Book 8196, Official Records, at page
649. (139-130-013)
EXHIBIT 'A'
Page 1 of 5
00 - 19 .
Parcel Two - Sugarloaf - Shell Ridge Trail
All that real property described in the following deeds to Contra Costa
County:
a) Recorded October 24, 1980 in Book 10062, Official Records, at page
94. (portion of 182-010-003)
b) Recorded July 9, 1980 in Book 9905, Official Records, at page 379.
(portion of 1827010-034)
c) Recorded July 9, 1980 in Book 9905, Official Records, at page 376.
(portion of 182-010-033)
d) Recorded October 26, 1981 in Book 10548, Official Records, at page
31. (portion of 182-030-029)
e) Recorded February 10, 1981 in Book 10198, Official Records, at page
34. (portion of 187-343-005)
All that real property described in'the grant of easement to Contra Costa
County recorded September 12, 1980 in Book 9995, Official Records, at page
42. (across 187-343-004)
Parcel Three - Sugarloaf Ridge
All that real property described in the following deeds to Contra Costa
County:
a) Recorded June 18, 1975 in Book 7540, Official Records, at page 348.
(187-040-006; 187-050-005 & 007, 187-150-021; 187-160-011, 012, 013
& 014, 187-271-013; 187-280-006)
b) Recorded August 11, 1980 in Book 9949, Official Records, at page 135.
(187-150-022)
c) Recorded June 22, 1978 in Book 8891, Official Records, at page 112.
(187-420-018)
Parcel Four - Tice Valley Park
All that real property described in the deed. to Contra Costa County recorded
June 18, 1975 in Book 7540, Official Records, at page 356. (189-040-042)
EXHIBIT •A'
Page 2 of 5
00 20
Parcel Five - Arbolado Park
All that real property described in the deed to Contra Costa County recorded
August 12, 1975 in Book 7589, Official Records, at page 147. (135-0627001)
Parcel Six - Limeridge
All that real property described in the following deeds to Contra Costa
County:
a) Recorded March 7, 1975 in Book 7448, Official Records, at page 365.
(135-100-015)
b) Recorded July 25, 1975 in Book 7574, Official Records, at page 476.
(134-091-003 & 004)
c) Recorded January 25, 1977 in Book 8177, Official Records, at page
413. (portion 135-021-008)
d) . Recorded September 24, 1976 in Book 8028, Official Records, at page
788. (portion 135-021-008)
Parcel Seven - Larkey Park
All that real property described in the following deeds to Contra Costa
County:
a) Recorded March 11, 1975 in Book 7450, Official Records, at page 92.
(171-120-064)
b) Recorded March 11, 1975 in Book 7450, Official Records, at page 95.
(171-120-054; 55, 56, 57, 58 & 59)
All that real property described in the Final Order of Condemnation recorded
January 20, 1983 in Book 11092, Official Records, at page 460. (171-120-053)
Parcel Eight - Rudgear Park
All that real property described in the deed to Contra Costa County recorded
April 21, 1975 in Book 7483, Official Records, at page 175. (182-294-002)
EXHIBIT W
Page 3 of 5
00 21
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Parcel Nine - Walden Park
All that -real property described in the following deeds to Contra Costa
County:
a) Recorded May 8, 1978 in Book 8825, Official Records, at page 130.
(172-110-013)
b) Recorded January 14, 1977 in Book 8164, Official Records, at page
571. (172-110-018 & 033)
Parcel Ten - Acalanes Ridge
All that real property described in the following deeds to Contra Costa
County:
a) Recorded March 8, 1979 in Book 9254, Official Records, at page 176.
(177-220-025)
b) Recorded December 18, 1980 in Book 10135, Official Records, at page
953. (177-231-029)
c) Recorded January 28, 1977 in Book 8182, Official Records, at page
287. (175-220-024)
d) Recorded January 22, 1976 in Book 7744, Official Records, at page
527. (175-320-001; 175-330-001)
e) Recorded February 13, 1981 in Book 10201, Official Records, at page
356. (175-110-001)
All that real property described in the following Final Orders of Condemnation:
a) Recorded March 30, 1978 in Book 8770, Official Records, at page 726.
(175-110-002)
b) Recorded March 30, 1978 in Book 8770, Official Records, at page 723.
(177-170-004)
All rights of Contra Costa County to accept the offer .of dedication- of
development rights within the area marked "scenic easement" on the map -
entitled "Subdivision 5002" recorded April 15,1980, in Book 236 of Maps
at page 41, are hereby assigned to the City of Walnut Creek. (across
177-231-031 & 032)
EXHIBIT "A'
Page 4 of 5
00 22
Parcel Eleven - Ygnacio Valley Road
A portion of Lot A-7 as said lot is shown on the map entitled "Map Showing Subdi-
visions of the 'Brookside Vineyard, being a part of the Rancho San Miguel or
'ARROYO DE LAS NUECES Y BOLBONES, ' Contra Costa County, California," filed in
the office of the Recorder of said County on October 10, 1910 in Volume 3 of
maps at page 65, described as follows:
Beginning at the southeast corner of the parcel of land described as Parcel
Two in the deed from Grant A. Burton, et ux, to Contra Costa County, recorded
June 26, 1957 in Volume 3004 of Official Records at page 204 in the recorders
office of said County; thence from said point of beginning north 21- 54' 29"
west along the east line of said Parcel Two (3004 O.R. 204), (the bearing of
said east line being taken as north 210 54' 29" west, for the purpose of this
description) , 804.09 feet to the south line of the 1.95 acre parcel of land
described as Parcel Two in the deed from H. G. Prost, et al . , to the United
States of America, recorded February 26, 1945 in Volume 809 of Official Records,
at page 497; thence along the exterior boundary lines of said United States
of America Parcel Two (809 O.R. 497) , as follows: South 680 05' 31" west, 25
feet; thence south 030 36' 29" east, 124.10 feet; thence south 6'0 59' 31" west,
270.80 feet; thence southerly along the arc of a tangent curve concave to the
east with a radius of 75.00 feet, through a central angle of 430 30' 0011, and
an arc distance of 56.94 feet; thence south 360 30' 29" east, 103.50 feet; thence
south 150 46' 29" east, 273.20 feet to the south line of said Contra Costa County
Parcel (3004 O.R. 204); thence north 740 15' 31" east along said south line,
206.10 feet to the point of beginning.
Containing an area of 2.753 acres of land, more or less.
Excepting therefrom: That portion of Parcel Two (3004 O.R. 204) contained with
the road right of way for Ygnacio Valley Road.
(134-100-033 and 034)
EXHIBIT W
Page 5 of 5
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lb
4/6
STATE BEACH,PARK,RECREATIONAL AND HISTORICAL FACILITIES BOND ACT OF 1974
Project Agree
Special Provisions
General Provisions
A. Definitions
1. The term'Stere"a used herein means the California Stas Department of Perks and Recreation.
2. The term"Act"a used herein means the State Beach,Park,Rocatlonal and Hietorieal Facilities Bond Act of 1974
as amended.
3. The term'Project"as used herein means the project which is described on pop 1 of this apreanent.
4. The term"Applicant"as used herein mans the party dNeribed as applicant on pope 1 of this agreement.
B. Project Execution
1. Subject to the availability of grant moneys in the Act,the State hereby rants to the Applicant a am of money
(grant moneys) not to exceed the amount stated on pope i in consideration of and on condition that the sum be
expended in carrying out the purposes as at forth in the Description of Project on papa 1 and under the terms end
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 a at ftirtl in the application on Nie with the State must be
mom fitted to the State for approval.
2. The Applicant agress to complete the Project in accordance with the time of project performance set forth On Pepe
1 and under the terms and conditions of this or ant.
3. If the Project Includes development,the development plan and specifications shall be reviewed and approved by the
State.
4. The Applicant shell secure completion of the development work in accord- with the approved development
plane and specifications or Force Account Schedule.
5. The Applicant shall permit periodic site visite 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 shalt be submitted to the State for pNor approval.
7. If the project includes acquisition of real property,the purchase price shell be the fair market value of such property
a established by the applicant's approved appraisal of such property which has oho been approved by state or the
amount estabfished as compensation by a ncom 1pulated final judgment in an eminent domain proceeding. The
approved appraisal report hmepas in aecor+danr with Government Code Section 7267 to 7267.7 inclusM)used to
establish the fair market value or compensation shall be furnished to state for review and approval.Applicant sprees
to furnish state additional supportive appraisal material or justification a may be requested by atate.
Applicant preen to furnish State prelkninary title reports respecting such not property or with other evidence of
title which is determined to be sufficient by State.Applicant agrees in negotiated purchons to correct prior to or at
the clues of escrow any defects of title which In the opinion Of State might Interto 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 out of which is to be reimbursed with grant moneys under this agreement.
shell comply with Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the Government Code
and any applicable federal, state, or local lues or ordinances. Dowmentstion of such compliance will be made
"We for review by the State upon request.
DPR 599 (4/78) 1
00 24
ly, Project t:oeta
The grant moneys as be provided Appliesnt under this afilreement shill be disbursed as follows:
1, If the Project Includes acquisition of rat property, the Stir shell disburse to Applicant the grant moneys as
follows,but not to exceed In." event the Stew grant amount allocated for acquisition es est Borth an page 1 of
this agreement:
a When acquisition Is through negotiated purchase, Stew will disburse the amount of the State approved
purchase price together with State approved costs of acquisition.
(1) 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 a 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 shell be disbursed for such costs.
If the Project Includes development, after spproval by Stew of Applicant's pians and specifications or Fore
Account Schedule and aftw completion of the Project or any phase or unit thereof,Stem shell disburse to Applicant
upon receipt and approval by State of a statement of incurred costs from Applicant,the amount of such approved
Incurred coed shown on such rtaternant, not to exceed the State grant amount allocated for development, as set
forth on papa t of this agreement, or any remaining portion of such grant amount to the extent of such snter+ent
State may daburn up to 90% of the Store grant amount allocated for development as shown on pigs t of this
agreement,upon receipt and approval by State of a statement of estimated costs from Applicant.
The state,ants to be submitted by Applicant shall set forth in detail the incurred or estimated cost of work
performed or w be performed on development of the Project and whether performance will be by construction
contract or by force account. Statements shell not be submitted more frequently than ninety day periods unless
otherwise requested by State.
Modificationss-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 Stan.
G. Project Administration
1. The Applicant shall promptly submit such'Yoports as the State may request.
In any event Applicant shall provide State a report showing tool"final Project expenditures.
2. Property and facilities acquired or dehreloped purswnt to tha agreement ithall.Wevailabie for inspection by the
State upon request
3. The Applicant shall uss any moneys advanced by the State under the terns of this agreement solely for the Project
Main described.
d. If grant moneys are advanced, the Applicant shall place such moneys in a separate interest bar"account,setting
up and Identifying such account prior to the advance. Interest earned on gnat moneys shall be used on the project
or paid to tel State. If grant moneys are advanced and not expended, the unused portion of the grant shall be
returned to the State within 00 days of completion of the Project or and of the Project performance period.
w hkehaver is earlier.
'S. Gross income that is armed by the Applicant from a State evoroved non-reaestional use on an acquisition project,
sublism ant to taking title by the Applicant,must be used by the Applicant for rocnationel purposes at the Project.
I
E. Project Termination
1.: The Applicant may unilaterally rescind this agnserhent 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 comply with the terms of this agreement 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 agrewnent shall not be cause for the suspension of all
obligations of the State hereunder if in the judgment of the State such failure was due to no fault of the apolicsnt.
In such case, any amount required to settle at minimum cost any irrevor Is obligations property incurred shall be
eligible for reimbursement under this agreement.
Z -
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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
agreemint, 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 tertna of this agreement.the Applicant agrees that payment by the Applicant to
time State of an amount equal to the amount of the grant moneys disbursed under this agreement by the Stan would
be inadequate eomo msstion to the Stan for env breach by the Applicant of this agreement.The applicant fumier
agrM 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 Harmless;
1. Applicant hereby weiva all claims and recourse against the Stan 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 employes.
2. Applicant shall indemnify. hold harmless and defend State, its officers,agents and employes slick t env and all
claims, dermands, damages, coats, expenses or liability Posts arising out of the acquisition, development,
construction, operation or meintanence of the property described as the Project which claims,demands or Pauses of
action arise under Government Code Section 895.2 or otherwise except for liability arising out of the concurrent or
sole negligence of Stan,Its officers,agents.or enpioyees.
3. In the event State is named a codefendant under the provisions of Government Code Section 896 at seq.• the
Applicant shall notify State of such fact and shall represent State in the legal action unless State undertakes to
represent itself as codefendent in such legal action in which event Stan shall beer its own litigation cosh•expenses,
and attorney's fees.
4. In the event of judgment entered against State end Applicant because of the concurrent negligence of Stan and
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 shell request a jury apportionment.
G. Financial Records
1. The Applicant shall maintain satisfactory financial accounts, documents and records for the Project and shell make
then available tp tfie State fo auditing at reasonable times.Such accounts,documents and records shell be retained
by the Applicant for three years following project termination or completion.
During regular Office hours each of thi'panies hereto and their duiy authorized representatives shall have the right
to inspect and make copies of env books. Mads or reports of the other party pertaining to this agreement or
matters related theme. Applicant shall maintain and melte sysilable for inape6on by State accurate records of all
of its costs,disbursanents and receipts with reapeet to its activities under this agreement.
2. The Applicant may use any ge nerelly aceaC? accounting system provided such system meet the minimum
requirements a may be aanbl'shed by State.
H. Use of Facilities
1. 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 morays were requested and no other use of the wee shall be permitud
swept by specific act of the Legislature.
2. The Applicant shall without cost 10 State oparen and maintain the propety acquired or developed pursuant to this
agreement in the manner and according to the standards acceptable to State.
1. 14ondiscrirtnirsstIon
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 shell not disc In mote 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 end Oursuarmt to law.
3
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r
� ROBERTI-Z'BERG URBAN OPEN-SPACE AND RECREATION PROGRAM ACT
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 Roberti-Z'berg Urban Open-Space and Recreation Program Act.
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 page 1 of this agreement.
S. 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 axceed_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 furnish twenty-five(25)percent of the total cost of the Project and 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 aplilication on file with the State must be iubmItted to the State for approval.
2. Applicant shall secure completion of the development work in accordahoe miith the Description of Project on page 1
and under the terms and conditions of this agreement.
3. Applicant shall permit periodic site visits by the State to determine if development 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.
4. All significant deviations from the Project shall be submitted to the State for prior approval.
S. Applicant in acquiring real property,thi eligible cost of which is to be reimbursed with grant moneys under this
agreement, shall comply with Chapter 16 (commencing 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.
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 interfere with the
t
operation of the Project.In condemnation actions such title defects must be eliminated by the final judgment.
S. If the project includes development, the Applicant agrees to furnish the State a bid package or force account
information,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.
Z Applicant may not take title to land or begin on-site construction until Project Perfoimence Period begins.
3, The Project Performance Period shall begin upon Legislative appropriation of grant-funds or upon date of
certification by applicant's attorney,whichever is later.
OPR 601 (Rev.6181) (over)
1 -
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4. Grant moneys shall be encumbered by the recipient of such moneys within three years of the date of approval by 1:
the Director of the California Department of Parks and Recreation of the application for such moneys.Any part of
grant moneys not encumbered within the three-year period shall revert to the State. The date of application
approval is the date the Director or his authorized representative signs this agreement.
D. Project Costs
Up to ninety (90).percent of the total State grant amount-for the Block grant or Need Basis grant to be provided the
Applicant under this agreement shell be disbursed as follows:
1. Upon the State's execution of this agreement and submission of a Payment request by the Applicant.
2. Upon notification of completion of the Block grant or Need Basis grant project as described in the agreement or as
modified and agreed to by the State.
State may perform a project completion inspection and may perform a final audit. Upon audit approval,the State will
reimburse the Applicant for,the remaining ten (10) percent of the total Block grant or Need Basis grant 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 State.The Applicant shall also provide the State a report
showing total final project expenditures.(Public Resources Code 5625.)
2.�
2. Property and facilities acquired or developed pursuant to this agreement shell be available for inspection by the
State upon request. :
3. The Applicant shall use any moneys advanced by the State under the terms of this agreement solely for the Project
herein described.(Public Resources Code 5626(a).)
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 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.
5. Gross income that is-earnod by.the Applicant from a state-epproved,non-recreation use on an acquisition project,
subsequent to the Applicant's taking title,must be used by the Applicant for recreation purposes at the Project.
F. Project Termination ;
1. Applicant may unilaterally rescind this agreement at any time prior.to the expenditure of grant funds. After
expenditure of grant funds,this agreement may be rescinded,modified or amended only 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
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 State hereunder if,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 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 perks and public recreation
facilities 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&grass 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 shall be the substitution of a project agreed upon by both the Applicant
and the State to be completed within a period of time as established by the State. ,
5. If the 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. Hold Harmless
1. The 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 the State;its officers, agents, and
amployees.
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2. The Applicant shall indemnify,hold harmless and defend the State,its officers,agents and employees 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 the State,its officers,agents,or employees.
3. In the event the State is named as codefendant under the provisions of Government Code Section 895 at seq.,the
Applicant shall notify the State of such fact and shall represent the State in the legal action unless the State
undertakes to represent itself as codefendant in such legal action; in which event the State shall bear its own
litigation costs,expenses,and attorney's fees.
4. In the event of judment entered against the State and Applicant because of the concurrent negligence of the State
and 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 a jury apportionment.
5. The Applicant shall indemnify, hold harmless and defend the State,its officers,agents and employees against any
and all claims,demands,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 responsible for compliance with items to which it
has certified.
H. 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 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 hereto 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. 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 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
the 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 Legisleture.(Publ*Resourees Code 56261a1.)
2. The Applicant agrees to maintain and operate the property acquired or developed for a period commensurate with
the type of project and the proportion of.State Grant funds and .Ocarfurlds allocated to the capital costs of the
project.
J. 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.
3
00 29
lax 00-e j I Pr- d- 3
STATE.URBAN.ANO COASTAL PARK BONO ACT Of 1976
i
Project AWeaniont
Soaeial Provisierta
General Provisions
A. Oaf initions
1. The term"State"as used herein means the California State Department of Parks and Flscreation.
7- The term"Art"as used herein means the Stats.Urban, and Coastal Park Bond Act of 1976 as amended.
3. The term"Project'as used herein means the project which is described on page i of this agreement.
4. The term"Applicant"as used herein means the parry described as apolicant on pegs 1 of this agreement.
8.
Praia=Execution
1. Subject to the availability of grant moneys in the AR, the State hereby grants to the Apolicant a tum of money (punt
moneys) not to axceed the amount hated on oage 1 in consideration of and on condition that the sum be expended in
carrying out the purposes as sat forth in the Oescription of Project on pegs 1 and under the terms and conditions tat
forth in this agreement.
Applicant agrees to assume any obligation to furnish any additional funds that may be necessary to complete the
ptojoeL Any modification or alteration in the project as tat forth in trio application on file with the State must be
submitted to the State for socrovel.
2. The Applicant agrees to complete the Project in accordance with the time of preject performance sot forth on page 1,
and under the teams and conditions of this agreement.
3. If :he Project includes development, the development plans and specifications shall be ravievved and wormed by the
Seta,
4. The Applicant shall secure consolation of the development work in accordance with the approved development plans
and specifications or Force Account Schedule.
S The Applicant %hall permit periodic site visits by the State to determine if development work is in accordance with the
approved plans and specificartions or Fossa Account Schedule,including a final inspection upon Project completion. "
6. All significant deviations from the Project shall be subminsd to trio State for crier worcval.
7. If the project includes w=isition of nal property,the purchase price shall be the fair market value of such prooerty as
ott , lished by the Applicants wormed appraisal of such prooerty which has also been 3coroved by State or trio
amount established ascompensation by a norotiouiated final judgment in an eminent domain oraceading.The woroved
Worsisal report(preawed in accordance with Government Code Section 7767 to 7267.7 inclusive) used to establish the
fair market value or consoensation snail be furnished to State for review and approval.Applicant agrees to furnish State
additional-supportive appraisal material or justification as may mi-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. Apolicant agrees in negotiated purchases to correct prior to or at -no
C10116 of a-rew any defects of title which in the opinion of State might interfere with me operation of trio Project. In
condemnation actions such title defects must be eliminated my the final judgment
B. Applicant in wouiring red orooerty, the cost of which 'a to be reimbursed •With grant phoneys under mit agreement.
small Comply with Cisater 16 (commencing with Section 7760) of Civision 7 of Title 1 of mo Government Cooe and
any applicable federal, state, or haat laws or ardinamm Documentation of such compliance will be made available for
►§view by the State upon recuest.
00 30
•
I.
1.
G Proieet Corn
The pant moneys to be Provided Ap kSM under this agreement shalt be disbnarsed as follows: '
1. K the Project includes acquisition of reef property. the State shall disburse to Applicant the grant moneys as
follows,but not to exasod in any event the State grant amount set forth an pope t of this agreement:
a. :When acquisition is through negotiated Purchase. State will disburse the amount of tr Stas approved
purehm pride togemor with State,approved ease of acquisition.
(11 State may aim to make disixnament for deposit into escrow.
b. When acquisition is through araceedings.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 acquisition.
C. In the event Applicant -berdons such eminent domain proceedings. Applicant agrees w btu ail easy in
connection therewith and that no grant moneys shall be disbursed for such costs.
2. If the Praia= includes domWoomarm after approval by Sate of Applicant's plans and :reifications or Fora
Account Schedule and after completion of the PreioC or any phase or unit thereof,Stan snail disburse to AcoGcant
upon receipt and approval by Stan of a statement of incumed costs from Applicant.The amount of such approved
incurred can shown on such satamerm not to exceed the State meant amount ret forth on page 1 of this
agreement. or any remaining pardon of such grant amount to the extent of such statemerht.Sate may disburse up
to 90% of the State sant amount ailocned tar development upon receipt and approval by State of Applicant's
ohms and specifications or Farce Account Sc.'heduie.
The statements to be submitted by Aopiicant shall set forth in detail the incurred or estimated cost of work
performed or to be performed on development of the Project and whether aeO ms+ance will be by Construction
contract or by force account. Statements snaU not be submitted more frequently than ninety day periods unless
otherwise requested by State.
Modifications of the deterrent plan and schedule must be sooroved by State prior us am deviation from the
State approved plan and schedule unless preieously authorised by the State.
0. Project Adminisaation ,
1. The AVOIant shad oromgdv submit such recorn as tee State may requim
In any event Apolicarrt shall provide Stas a report showing total final Project sxoonditures.
2. Property and facilities acquired or devei000d pursuant to this agreement snail be aveilsole for inspection by the
State noon request
3.
The Appllcant shall use any moneys wanced by tee State under the terms of this agreement sorely for the Project
herein described.
4. If grant moneys are advanced. the Applicant shall plan such moneys in a separate interest wring account,setting
up and identifying sueh account prior to the advance. interest earned on scant moneys small be used on the projea
or paid to the State. If grant morays ase advanced and not exoended, ane unused aortion of the grant shall be
returned to the State within W days of completion of the Project or end of the Project Wormance period,
whichever is earner.
S. Grow income that is earned bV the Acatieant from a State sooroveh non+setaational us on an acquisition croiea.
subseouent :* eking title by the Aomiant.must be used by the Applicant for recreational aurooses at trio Project.
E Proper Temninadon ,
1. T1s Applicant Prey unilaterally rescind tnis ageeement at am time prior ro the ommence hent of;he Project,After
Project e,mmenwmont tnis agreement may be rescinded.modified or amended by murual agreement in wrianq.
2. ftlure by :fe AOplicant to comply wish tine:arm%of this agreement or any ctrar aq.want unorr cone,set may be
our for suspension of all obligations of the Stan nerounder.
3. Failure at the AaMicamc to comely •,stn -no 'cans of :his agrew"am snail not be cause 'or trio suspension of sil
obdotions of the $rate hereunder if in .fto ivagrvisnt of%-*State such fadure was tsre to n0 fsuit of tris Applicant.
In user case.any amount recuirso to settle it minimum can env irrevocaoie coligsoons oracerry incurred snarl W
eligible for reimbursement under tnis agnemont. r
3
00 3.1
C
4. Because the benefit to be derived by the State. from the fusll compliance by the Applicant with to tatrms of this
agreement, is the preset on, 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 unaaoortainable 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 Stas would
be Inadequate compensation to the State for any breach by the Applicant of this agreement The applicant further
agrees therefore,that the appropriate its in the event of a bread+ by the Applicant of this agreement shall be
the specific performance of this agreement.
F. Mold Msnelea
1. Applicant hereby weives all claims and recourse against the Stas including the right to contribution for los or
damage to persons or property arising from, growing out of or in any way canine tad 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 indemnify, hold harmless and defend State, its officers,agents and emplovees 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 886.2 or otherwise except for liability arising out of the concurrent or
sole negligence of State,its officers.agents.or employees.
3. In the event State is named as codefendant under the provisions of Government Code Section 895 at no..the
Applicant shall notify State of such fact and shall represent State in the WWI scion unless State undertakes to
represent itself as codefendant in such legal action in which event State shall bear its own litigation costs,expenses,
and anornev's fees.
4. In the event of judgment.entered against State and Applmont because of the concurrent negligence of State and
Applicata thew 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 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 at reasonable times.Such accounts..documents and records shall be retained
by the Applicant for three years following project termination or.comtpletione
During regular office hours each of the parties hereto and their duty authorized i/presenutires shall here the right
to inspect and make copies of env books, records or reports of the other party pertaining to this agreement or
mallets rotated thereto. Applicant shall maintain and make sveilable for inspection by State accurate records of all
of its costs,disbursements and receipts with respect tO its activities under this agrtsm * t.
2. The Applicant may use env generally accepted accounting svtxom.
i. Lisa of Facilities
1. 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 requested and ono other use of the was shall be permitted
except by specific act Of the Legislature.'
2. The Applicant shall without can to State operate and maintain the property smuired or develooed pursuant to this
agreement in the.mannor and according to the standards acceptable to State.
I. Nondiscrimination
1. The Applicant shall not discriminate against any person on the basis of ask.race,color,national origin,age,religion,
ancestry, or physical handioso in the use of arty property or facility alauired or developed pursuant to this
a�eemali
2. The Applicant shall not discriminate against any-person on the basis of residerice Jumat to the extent that
ressonabe differences in admission or other fees may be maintained on the basis of rFsiisencs and pursuant to law.
3. All facilities shall be coon to members of the public generally,txmat es noted under the toads!cirovisions of this
project agreement.
4
00 32
CALIFORNIA PARKLANDS ACT OF 1980
Project Agrechu t
Spam Provisions
General Provisions
A. Definitions
9. The term"State"as used herein mans the California State Department of Perks and Recreation.
2. The term"Act"as used herein mans the California Parklands Act of 1980.
3. The term"Project"as used herein mans the project which is described on peps 1 of this agreement.
4. The term"Applicant"as used herein mans the party described as applicant on page 1 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 forth in the Description of Project on page 1 and under the to... and conditions set
forth in this agreement.
Applicant agrees to assume any obligation to fumish my 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 the State must be
submitted to the State for approval.
2. The Applicant agrees t6-od;0plete 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. If the Project includes development, the development plans and specifications or Force Account Schedule shall be
reviewed and approved by the State.
4. The Applicant shall secure completion of the development work in.96aordsnoe with the approved development plans
and specifications or Force Account Schedule.
6. 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 Stets for prior approval.
7. 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 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.
8. 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 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 moneys to be provided Applicant under this agreement may be disbursed as follows:
1. N the Project includes acquisition of real property,the State may disburse to Applicant the grant moneys as follows,
but not to exceed in any event the State grant amount set forth on page 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 disbufsi'the amount of the total award
a 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 bar all costs in
connection therewith and that no grant moneys shall be disbursed for such costs.
2
DPR 653(11/80)
00 33
2. If the Project includes development,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 may, disburse to Applicant upon
receipt and approval by State 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 on page 1 of this agreement,or any
remaining portion of such grant amount to the extent of such statement.State may disburse up to 100%of the State
grant amount allocated for development upor;receipt and approval by State of Applicant's plans and specifications or
Force Account Schedule.
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
force account.Statements shall not be submitted more frequently then ninety day periods unless otherwise requested
by State.
Modifications of the development plan and schedule must be approved by State prior to any deviation from the State
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 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 request.
3. The Applicant shall use any moneys advanced by the State under the terms of this agreement 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 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 W days of completion of the Project or end of the Project performance period,whichever is earlier.
.5. Income earned by the:Applicant from a State approved non-recreational use on a grant project shall be used for
recreational purposes at the giant project,Or,if approved by the State,for recreational purposes within the Applicants
jurisdiction.
E. Project Termination
1. The Applicant may unilaterally rescind this agreement at anytime 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 comply with the terms of this agreement or my ether 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 State hereunder if 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 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 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 on
amount equal to the amount of the giant 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 i 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 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 indemnify,hold harmless and defend State,its officeis,agents and employees 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, demends or'itauses of action arise under
Government Code erection 895.2 or otherwise except for liability arising out of the opncurrent or sole negligence of
State,its officers,agents,or employees. ,
3
00 34
i
3. In the event State is named as codefendant under the provisions of Government Code Section 895 at 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 bear its own litigation corn,expenses,and
attorney's fees.
4. In the event of judgment entered against State and Applicant because of the concurrent negligence of State end
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 a jury apportionment.
G. Financial Records
1. The Applicant shall maintain satisfactory financial n000unts, documents and records for the Project and shall make
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 hereto 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. Applicatent shall maintain and make available 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 accepted accounting system.
H. Use of Facilities
1. 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 requested and no other use of the area shall be permitted except by
specific act of the Legislature.
2. The Applicant agrees to maintain and operate the property acquired or developed for a period commensurate with the
type of project and the proportion of State Grant funds and local funds allocated to the capital costs of the project.
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 disdriminate 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 shalt be open to members of the public generally, except as noted under the special provisions of this
project agreement. _
4
00 35
•. . EJ�t/1�d�T M�vs~
LAND AND WATER CONSERVATION FUND PROJECT AGREEMENT
L Defbiaiorhe
A. The arra"MCRS"ai used Main mins the heritage Conservation and Recreation Service.Linked States Department
of the Interiom.
q e. The tarn "Director"as used herein mens the Director of the a ki ftelle Conceit aand SoMce.or any
rep mat tstive lawfully delegated the authority to set for such Director.
C. The tarn"Lisbon Officer"as used herein mans the California Director of Parks and Recreation.or other State officer
as designated by the Governor from time to time and a rftd:ed by the State Legislature.
D. The tam "Mbnusl"as used herein means the Heritage Conservation and Recreation Service Manual,formerly aha
Bureau of Outdoor Recreation Manual(Outdoor Recreation GranWn,Aid Manual).
IL The tom "Project" a used herein mans the project or project up me which le the subject of this agreement a
defined In the Project Proposal.
F. The tarn "Project Proposal"as used herein mans the form and NI supplemental attachments used to describe and
astimate the cost of a planning, acquisition,or devNoprtent Project filed with the Liaison Officer In support of an t '
application for federal financial assistance.
0. The torn "State"a used herein mans the State of California,and/or its official representative.the Department of T
Forks and Recreation.
N. The tom"Participant"as used herein mans the recipient of the fait funds to be disbursed in accordance with the
terms of this ogreerrhent.
L The term"State Funds"a used herein morn those"ways made available by the State as matching"homy for pro-
low undo the Land and Wear Conservation Fund Act of•1965.78 Stat.897(1964).
1L Corrdnuing Assurrlass
• The parties to the project-agrser a ht specifically recognise that the Land and Wear Conservation Fund asistana project
ermus an obligation to maintain t o property described in the project ag►eentei consistent with the Land and Water Con-
servation Fund Act and the.foilowing requiew,0 tL
Furter,It Is the acknowledged intent of the parties hereto that recipients of assistance will use moneys psrhtad heroundk for.
On purpose of this program.and that asshunce granted from the Fund will result in Vnet increase,comrnensurene at i6m
a vith de Stan ecet-shere,in a participant's outdoor.recreation.It Is Intended by both parties horito that malstarr a from to
Fund will be added to.ester than replace or be substituted for.Stu gird focal outdoor raen don funds.
A. The participant Germ.a recipient of this asstttana.that It will nest the following specific requinreno and the lams
of the project agreement.
B. TM participant spec that the property described M the project or w w.t red the dead Project boundary map mete '
pet of that spmen ent Is being acquired or developed with Land and Water Conservation Fund assistance or is I-tor I r
tip such acquisition or development.and that. without the approval of the Liaison Officer.to Director,and/or the
Secroury of the interior.It shall not be converted to otter then public outdoor recreation use but shalt be maintained a
In public outdoor recreation in pwpetuity.or for to term of the loon in the tees of leased Property.The 8eenwry shall
approve such conversion only If he finds it to be in accord with the than existing comprehensive outowide outdoor
recreation plan and only upon such conditions as he dome necessary to assure the substttution of other roefeatlon
properties of at Ism equal fair market value and of reasonably equivalent usefulness and location.This rplaoonant
Unlet beewres subject to Section 6(f)(3) protection.The approval of conhenion shall be at the ale discretion of the
8eeretary.or his designee.Prior to the completion of this project.the participant,the Liaison Officer.and the Director
way mutually sitar the area described in the project oweenhent and the dated project boundary map to provide the
moat satisfactory public outdoor recraston unit.except that acquired; are afforded Section Off)131 protection a
Fwd reimbunennrht b proeridad.
M the event the MCRS provides Land and Wear Conservation Fund asistana for to acquisition and/or development
of property subject to reversionary Interests with full knowledge of those nversionerV Intaresn.conversion of said
property mother public outdoor recreation uses no result of such reversionary interest being exenehed Is approved.In
receipt of this approval, the participant agrees to notify the State of the conversion a soon a posible and to seek
approval of repiecernent property in accord with the conditions set forth in these provisions.The pertieiPent furter
agrees to of ectunta such replacement within a reasonable period of time,acceptable to the Sats.afar the conversion
of property takes plea. The provisions of Vitt penWsph ars No ahpplieable to: Iswd properties acquired and/or
developed with Fund asbunce whom such testy b terminated prior to Its full tern due to the existence of provislons
N such Mese known and agreed to by the Stn:and properties subject to other outstanding rights and Irharesta that
may result In a conversion when known and agreed to by the State.
2 _
00 36
i
C. The portieiverd agrees that the bm t to be derived by the Stan from the full connpilows by the psrtk4 nt wkh Ow
arms of this agreement Is the Preservation.protection,and the not inereaes in the quality of public outdoor recreation
fedlitin and resources which are available to the people of the Stats ad of the Unlad Sates,and soc h benefit exceeds
m an immeasurable and unescortainable extent the amount of money furnished by the Stan by T„oy of assistance under
the iarm s of this spew wnt.The participent agrees that Payment by the participant to the State of an amount squat to
Ow amount of assistance extended under this agnemsnt by the State would be Inadequate compensation to Ow Stas
for any to sed by Ow Participant of this agrsernim The patidpent further agrees,that the appropriate remedy in the
event of a broach by the Participant of this agreement shalt be the specific perfommwica of this ogrsem ent.
Mae-t o. The porttdpent agrees to comply with the Policies and procedures set foal In the FMrinoe Conservation and
ration Service (RCRS) Grano-in-Aid Menial. Provisions of said Manud we Moorpim- Into and made a Pat of
the project egreenr+ent.
E. The Participant egress that the Property and feeilitles described in the project agreement shall be operated and maln-
Ulned a Prescribed by Manual requirements.
F. The Participant agrees that a pernanant record shall be kept in the participent's 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 mads Pat of that agreement,has been acquired or developed with Land and Water Conservation
Fund assistance and that It carrot be converted to other,than public outdoor r000stion use without dw written
approval of the Liaison Officer.the Ohaetor,and/or the Saennry of the Interior.
Q Nondiscrimination
1. The participant shall comply with Tula VI of the Civil Rights Act of 11164(10.1..88.9621 and In accordance with
TNM VI of that Ad, no Person in the United Ststoo 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 disrxhminotion
in the use of any property or facility acquired or devetoped puranant to the project agreement.The participant
shall Immediately take any measures necessary to effectuate this Provision.This assurance shill be binding on the
participant or any Political subdivision or other appropriate public agency to which Fund assistenhce or Property
acquired or developed with Fund assistance has been transferred for Public reereotion Purposes.
S The Participant shall cc tomy with Title VI of the Civil Rights Act of 1884(42 U.S.C.2000d) Prohibiting sm-
ployrmunt discrimination where (1) the Primary purpow of a gnurt b to. p►ovide employment of (Z)
dbcrim4rwtory employment practices will resuN In unequal tre u ov of persons who are or should be bwW
fitting from the grant-sided activity.
S. The paticipart shall comply with that regulations and guidelines Promulgated pursuant to the Chill FtWM Aa
of 1964 by the Socretary of the interior and the iteritege_Coeservadat and Recreation Service.
4. The provision of the first three paragraphs apply to any port of the.rsireation system within which the assisted
facility or property oxiso.
0. The pes delpont shall not discriminate against any person on the bub of residence,axcept to the extant that
reasonable differences In admission or other fees may be maintained on tM basis of res114 c n sot forth in the
Manual.
Pnojeat Awareness
A. Applic"Federal Circulars
The pwtieipant shall comply with applicable regulations.policies,guidellnes and requirenwno Including Office of
Management and Budget Circulars No.A45 (Evaluation,review,and coordination of fado I assistance programs end
projects) and A-102(Uniform administrative requirements for granWneW to note and loci goverr+rrents) and FMC
744(Cost principles appileable to grants ort contracts with ante and hal governments)as they relate to the 001-
aationh.axaptsnce and use of federal funds for this federally assisted project.
IL Project Propos
1. The Project Proposal for State assistance bearing the sans project number as the agreement acl essoclatad
documents Is by this inference made a part of the agreement.
2 The pardclow, possesses legal authority to apply for the grant.and to Angina and oonstiuc the P.RPR s.d
fedlNies. A resolution,motion or similar action hal been duly adopted or passed authorising the filing of the
project proposal, Including all understandings and assurar as con lined therein,and directing and authorizing
the Person identified es the official representative of the potieipern to act In connection with the project
proposal end to provide such additional Info ination es may be required. .
& Tis participant hes the ability and Intention to finance the non4tato share of the eoets for the project.Sufficient
funds will be available to assure effective opeadon and maim onahce of the fedlitise acquired or developed
by the project.
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C. Project Execution
1. Ot Is understood by the pallia hereto that this @Few wnt"I not obligate state of California funds far the
project emu described herein.The participant hereby promises,in consideration of the promises made by the
Lialson Officer herein,to execute tw project ssapa described herein.N accordance with the tent"of this agree-
wa r t,Any ditbunanatt hereunder shall not be made unless and until funds therefor are received by the Lhison
Officer from the Heritage ConsermMon and Recreation Service.This hem shalt not apply when the participant Is
an agency of the State of California.
2 The Lbbon Officer lareby promise,in aoneidaretion of the promises made by dw participant herein.to atmapI :
approprlatad fedwel funds for thepuri p of she project and disburse the same to ra)mburse the participant up
to So percent of the elill ble project cost not to exceed 60 pe amt of the direct projat cost shown in this
agreement:except for a surcharge for admin)strstito oaea to be applied to twice the federal share of direct
eligible project coats. The surcharge Is m be deducted from tw reimburesnanta noeived from the Federal
Government appikable to this project and will be computed at the federally approved surcharge rate in affect
all the time the billing Y submitted to the Federal Goverwrwnt.
3. The project period Ball begin with the data of approval of the project ap ese wnt or the effective data of a n
waiver of retroseth 4ty and shall terminate at the and of the stated or arwnded project period unless the project
Is completed or terminated sooner In whkh event the project period s1411 and on the dace of completion or
termination.For project elements added to a consolidated Project.the project period will begin on the data the
project alemhant Y approved.
4. The per lchmm will aux work on the project to be eommwrhoed within a reasonable time after r velpt of
- ardfkstion that funds have been approved and assure that the project will be prosecuted to completion with
raxsonable diligence.
!. The participant"I reguire the fwnhy to be designed to comply with the"American Standard Specifications
for Making Buildings and Facilities Accessible to, and Usable by. On Physically Handicapped;' Number
A117.1-161,a modified 141 CFR 101.17.703). The State will be responsible for conducting inspections to
im rs w iptlence with these specifications by the contractor.
f{. The participant shall secure completion of the work M sc wrdence with approved construction plans and apao-
tfkatlons.and shell sewn compliance with all applicable federal.state,local laws and regulations.
�7. in the event the project.covered by the project apw wt t. Including future stapes of the prom,cannot be
eornplated le aaorAny M
nce with the plans and specifications for the project:the participant shall brie project
to a point of oewa tonal usefulness agreed upon by the participant and,the Director or his detignee.and the
Wien Officer.
-44-
III.
1. The participant will provide for and maintain competent and_idagwta architectural engineering supervision and
Nepection at the construction dw to Inewre that tlw comhpisted work mnforns with the approved plans and
specifications;that It will tumid+progress repot"and.such other hHomation a aha HCRS may regain.
!. The participant will comply with the terms of TM 11 and Title Ili.the Uniform Relocation Assistance and Real
Property Acquidtion Policia Act of 1970(P.L 91446).fist Stat.1661 (1070).and the applicable regulations
and-proosduea Implementing such Act for all real property seguisitions and where applicable shell asure that
ON Act has been somiptled with for property to be devalo; with assistance under the project agreement.
10. The participant will oomply with the provisions of: Exee:utive Order 11988.rs Kft to evaluation of flood
1= Fre: Executive Order 11288. relating to the prevention.control.and abstsewrht or water pollution.and
Executive Order 11990.relating w the protection of Wetlanda.
11. Tia pertidp Mt WM comply wIM tw hood k=VW a purchase raquirarents of 9aeti I 1021x) of the Flood
piaster Protection Act of 1973.Public l sew 90.234.97 Stat.976.approved December 31.1976.Saetion 10211)
requires.on and after Manch 2.IM.the purchase of flood hhsurance in commwn)ties where such insurance Y
"lable a a condition for the recalpt of any federal financial assistance for construction or acquisition purl a
for use M wry gree cat has bash identified by the Secretary of the Department of Housing and Urban Oavaicp-
oew a an area having spacial food 1lasarde.Ther Orinase"fadefal fulahCial bila"includes any form of loan,
grant,guaranty,inwrence payment.rebate,subsidy.disseter asistanhet loan or greet.or why otwr form of direct
or Udirect federal assistance.
12. The pert'* 9t wpl incurs Mart the fl hiss under Its ownership.lees or s uperviWon which shall be utilized in
the accomplishment of to project are not listed on the Environmental Protection Agency's(EPA) list of Vio-
listing Facilities,pursuant to 40 CFR.Part 16.20 and that it will notify the Seta and HCRS of the resipt of
any aommun=tion from the Director of the EPA Office of Federal Aet*W indicating that a facility to be
uolW in the project Y under consideration for listing by the EPA.The participant agrees to comply with all
applicable standards.orders.or regulations issued pursuant to to Clasen Air Act of 1970.The perfth ant further
agreesto lium this clause into any contract or subcontract in.excess of 9100,000.
1=. The participant will assist aha 9t m aid HCR$ In Jts compliance with Sictiah•106 of the National Historic
Pneesrvation Act of 1966 a emended (16 U.S.C.470). Exeauow Order 11693.and the Ardeological and
Historic Preservation Act of 1966 116 U.S.C.4111014 at segJ by W otusuking wilt the Stu Historic Pres-
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.
a werdon Officer an the conduct of hwatipatioro.a necessary,to kfentIN properties listed In or OWbls for
Inclusion h de National Register of Historic Places that are subject to affects(sea 36 CFR Part(8009)by the
ndvhy,and nod"the federal grantor agency of the existence of any such properda,and by(b)cornplying
with all repuireew+ts established by the ad.nal rentor apency to avoid or mitigate adwne efface upon such
Properties.
0. Consevedon Contncad for by aha Pankipant Shall Meet the Following Requiremerm:
1. Contracts for construction in axas of 8/0A00 shall be awarded through a proems of competkiw bidding
Inwlving formal advertising,with adequate pundnasa description,seated bids,and public openings.Copia of all
advertimmonts.bids,and a copy of the contreet shall be mul ed for inspection by de Ob am and the Bute.
L The pwticipent shall Intone all bidders on contracts for construction that federal funds we being used to aalst
In construction.
>. Vhlttee Ctenpa orders shall be issued for all rneasery Changes in the focMty being eonxtnuctsd undo contracts
of 810A00 or more.Such Changs orders shall be made a part of the project fila and should be kept"table for
such.
4. Contracts for construction shall include a provision for compliance with the Copeland"And-Kickback'Act(18
U9.C.8741 as suppbmahtd by Department of Labor regulations(29 CFR,Part 3).
8. The participant will conhpiy with oder procurement standards of OINK Circular A•102.Attachment O.except
for pnovWw related to eem011ahce with De*Bacon Act reouiremena(unless required by a peower, providing
supphtal funding).Should supplerentel funding be provided which requires compliance with Oavh Bacon
.:i Asx nquinments. all construction contracts awarded by the grantee and subrranw in excess Of 82=shall
Include a pn yAdon for conhpllerhee with such Act(40 U.S.C.276s to a-7) and as supplemented by CePwvnsnt
of Labor regulations(29 CPR.Part 61.
4 9. The prtielpern shall)ncorponto.or cruse to be heorporsted.histo all construction eontraete excedBg 810A00
(taathousend).to follow ichg provisions:
"Curt 4 to peefonnence of this eonvaet.tee contractor agues as follows:
"11) The contractor will not discriminate spinet any employee or applicant for employment because of race,
religion.color,sax.or nit and orign.The convector will take affinnatiw salon to ensure that applicants are
nnployed,and that employesa are vented during employment,without regard to their race.creed.color.or
national orcin.such action shall include.but not be limited to.the following: Employment:upgrading:demo-
don or transfer nerulonaht or recruto w t adontising: Ievoff or termination:renes of pay or other forme
of compensetion:and selsetio ,for training. including apprenticeship. The contreetor agrees to post In con-
spkc+as platy.evaluable to employees and applicants for sinploymient.notices to be provided by the contra-
aWg officer setting forth the provisions of this immidims knination clause.
121 The convector will. In all solid dans or aMnthamerm for employees placed by or on behalf of the
contractor,stets tet all qualified applicants will receive consideration for employment without regard to race,
aMillion.color,sex.or national origin.
"(_) The contractor will sand to each boor union or nepnsaermKoe of work an with which he has a collective
bageinhg agreement or oder contract or understanding.a notice.to be provided by the agency co m act no
of low,advhhg de labor union or workers'representative Of the contractors commitments under Section 202
of Exe utve Order No.11246 as amended(3 CFR 169(1974)).and shall post copies of notice In Pig F iauous
Places evaluable to amhpioyea and applicants for empioynent.
"(4) The contractor ai81 comply with all provisions of Euecutw order No.11246.as amendd.and the rules,
replatione and devent ordersof the Saentery of Labor.
"(6) The contraetor will furnish an Information and reports required by Exeeudve Order No. 11246,a a
manded, and by to rules, regulators,and odes of the Seentery of Labor.or pursuant thereto.and will
parmh coos to his boob. records.and accounts by the convecting agency.the State,and the Secretary of
Labor for purposes of ievstigetion to aortain canpllance with such rules.ngubtions.and orders.
"l6) In the event of the ae on tern hhohhcehhhpU e= with the nondhabnination chums of this contract or
with any of such rules.regularoro,or ordem this convect may be ailed.terminated.or suspended in whole
Orin pen and the convector may to declared indWW for fiurther Government contracts in aceordence with
procedures authorized in Executive Order No.112".m amended,and such other senators may be imposed and
remedies hwokeel a provided in Exeauto Order No.11246.a amerhded,or by rules.regulations.or orders of
the Secretary of labor.or es Pitt, N--to provided by law.
"(7) Tie contractees w91 Include the provisions of ftop@ hs N1 thrvhgh(71 to every suboortreet or purehesa
order unless exampted by rubs.regulations,or odes Of the Sacmterli of Labor issued pursuant to Section 204
of Executive Order 11246.a am-- F1 A.to that such provisions will be binding upon each suboonveetor or
vendor. The contractor will take such action with respect to any subcontract or Pu of ondr as the con-
tracting agency may dkmrct a a means of enforcing such provisions,including sanettons for noncompliarha:
Provided.however,that In the event to contractorbecomes involved In,orh threstahad with.litigation with a
wbowhvseta or vendor a a result of such direction by the coo oseth+p agency,the contractor may 1IKFAR the
Urihsel States to aur intro such IMP tiorh to protea the haws is of the United States.
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P
7. The paRieipent shall 11)comply with the above provisions N construction work oarrled Out by hwf.to shssI
and cooperate actively with the Ssovairy of the Interior and to Seeravery of Labor in obtaining the conpllanea
of contractors and subcontractors with the above wrome provisions and with the rules,regulations.and rel-
avant orders of the 8eeretary df Labor.(S) obtain and f mos h to On Secretary of the Interior and to to Sa-
reary of Labor such Information as they may require for the supervision of such compliance.14)enforce the
obligation of contractors and vAxxwtraetors under such provisions.rules.regubftne.and ondan,(S)carry out
sanctions and penalties for violation of moth obligations btposad upon contractors and subcontractors by the
hate,or the Secretary of Labor.or the Saeraary of the Interior pursuant to Fen 11,Subpart 0.of Executhhe
Order No.11246,n amended,and (a refrain from erhterinp b m any contract with a contractor debarred from
Govemrnent co to under Fart 11.Subpart D.of Exeortive Order No.11216,as amended.M addition,the
participant agues that N it fails or refuses to comply with these undertakings,the MCRS may aka any or all of
the following actions:Cancel.terminate,or suspend in no 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
snkfaetory assurance of future compliance has been received from such applicant:and refer the am to the
Department of Justice for appropriate legal proceedings.
E. Conflict of hhtensta
1. No official or empl"ee of the po 1pent.Steve,or Federal Government who Is suthoducl in his official capec-
Ity to npotine.make,aaem or approve,or to take part in such decisions regarding a convect or subtonvatt
In-connection with this project shall have any!panda)or other personal interest in any such contract of sub•
vontraet.
2 No person performing services for do ov 1pent in tonnfbtion with this project shall have a financial or other
-personal interest oder then his employment or retention by the participant.in arty contract or subcontract in
eonneetion with this project.No officer or employee of such person retained by the participant shall have any
Snaneial or other personal httereat In any real property acquired for this project unless such Interest Is openly
disclosed upon the public records of the participant,and such officer,employee or person has not participated in
Me ambition for or on behalf of the participant.
3. No member of or dNagste to Congress shall be admitted to any Cera or pan of this agreernei t.or m any bene t
to aria hereupon,unless such benefit shall be in the form of an ag ew w t made with a corporation for he
gaeral benefit.
4. The partidparn,State.and the Dirsemr shall he ne9 mlbla for enforcing the above conflict of brunet prow-
dons.
".F. /heath Act
The participant will comply with t @'0irvbIons of the Match Act which prodder that no officer or employee of the
participant whose principal amploymint M M connection with.any activity which is fwwwsd in whole or In pat pur-
aant to this agreement shall take part in any of the political activity.-prescribed In the Match Political Activity Act
Act.5 U.S.C.Set,1118k(1564).with the exceptions therein enunu end:
G: Project Costa
1. Projec cam eligible for assistance shall be determined upon the basis of the criteria at forth in the Menial and
FMC 744.
Z. -The agreement maty induce the woof the indirect asset rate eurrantly approved.in accordance with FMC 744.
for the participant tat b a pony to this apeeo w
}
M. Froiat Administration T
1. The participant shall prompt►submit such spats and documentation•the Director or Lisbon Officer may
cequ'
Z. Any moneys advanced m "pwtkft n are"public monaye" and shall be deposited in a bank with FDIC
Insurance coverage and the balances excesdkq the FDIC coverage Ball be collaterally sewed as provided for in
12 US.C.285. .
3. The owdelpant char use any funds received by coy of advance payer from the Stave under the terms of this i
agreement solely for are pro1m or project staged -It in the apreamerrt.
4. trvpm In and I ,Mtias acquired or developed with Fund assistance shall be available for lspwtion by the Sesta
or the MCRS at such intervals a the Lisbon Officer or to Director Nall require.
L R.tanthm and Custodial Requiem erm for Records
. t
1. Fbanelal noords,supporting documents,statistical words,ad all other records pertinent to this pant Mall be
retained for a period of three yarn:except the records Mall be retained beyond the three-year period If audit
OndBga have not been resolved.
2. The retention period emu from the dee of the final eavWdiaae soon for the project or the ausolWend
projeev alemant.
.1S
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IDA
& State and local povermnana an sudrorisad to w+bdtute mfaofgm capias in lieu of oripinel records.
4. The Ulson Officer,Seeratery of the Interiorand the Comptroller Ganged of the United Sato.or any of dWr
_duly, audrorind representatives,doll hrA access to any boob6 doain ants.pepen,and eaoords of the portic-
bent and their subpnntaea which we pwdnent to a *soft project for toe purpose of nwking audit.emovo-
` instion.axoerpo and transm
J. holes TNmirnation
1. The Usiwn Officer of der Oiraetor may temporarily aupend Sate assistance PAWN the project pandUg oorne-
dv@ action by the psrticipa+t or pending s decision to terminate the pram by the HCRS or til Sea.
Z The prdelpeht may unnmrlly to mlrwa the project or cmuWi feted project elarnem stony tin»prior to der
tint payment on do project or consolidated project Nemms Afar the initial payment,the project may be
termintad,modified.or amended by the pertieipant only by nwtual apraaes--
S. The Unison Officer or the Ob scar may tannhm til project in whole,or In pet.at any dm before the data of
completion,win wwr It is dearrnfned that tM granas has failed to comply with the conditions of the grant.
The Liaison Officer or Director will promptly natty On panticipent in writing of the determination and the
Anon for the termination.together with the effecdo dee.Payns+nts mads to the participant or recoveries by
dw State under projects temMnaad for cause sfWl be in accord whh the bpd rights and liabliitim of the pwtia.
4. The Oiraetor.Sate.or par icipant,may terminate was in wool .or in part at any time beton the data of
conviction,when both parties wow that the continuation of der project would not produce beneficial ranula
eooeeherhensurate with der further expenditure of tends.The two pertitl shill ague upon the termination eon-
dldons, including the effective data and. in the ass of partial anminadon conditions,including the effaetiw
dee and. In the ease of partial termlnation,the portion to be tenhinoted.The prantse doll not incur new
oblipmtiom 1br til terminated portion afar the effective data.and shall cancel as nesny outstanding obliprtions
r possible.The Sate may lbw full credit to the participant for the sate shun of the nonceneelI"obi*
tions.property incurred by the grants prior tb termination.
6. ♦armination either for esus or for eomwnience requires that the project in question be brought to a state of
recreations! usfuWm awned upon by the participant,the Ulan Officer.or the Director.or that all funds
provided by Ow 4eriage Conservation and Recreation Setke ba n t fnW.
K. Fund AeluhowMdptneht
.
TM participant will permNAahtly 8hplay in a eompicuoue.place a bronze plaque which acknowledges Land and Wats
Comervation Fund assistance.The plaque will be provided by the Sea Oepwvnsnt of Paris and Recreation and its
Installation by ds participant will be required upon Initial davdopnsnt of the property.
L Hold Hwndm
The participant ahll Indem Ify til Sea of Clifomie and its officers,-Vena and senpioysa spinet and hold the saner
from and harmless from any and all eclairs.denwxk,damages. losses,cora, srWor @,gena of liability due to,or
rising out of.either in Wok or in part.v*wdwr directly or indirectly.the organisation,development.construction.
operation.or nrintahahce of til project.
I
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