HomeMy WebLinkAboutRESOLUTIONS - 05011984 - 84-256 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.
1 hereby certify that this Is a true and correct copy of
Orig. Dept.: Public Works (RP) an action taken and entered on the minutes of the
cc: County Administrator board of Superrtoors on the daft shown.
County Counsel -J
City of Walnut Creek (via R/P) ATTESTED:
Planning Department J.R. OLSSONI, COUNTY CLERK
P. W. Accounting and ex oNiclo Clerk of the Board
RESDONNA.T4
RESOLUTION NO. 84/ 2 5 6
.By u �o , Deputy
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Conveyance to City of
Walnut Creek
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
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t
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 182-010-034)
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
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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. (135-062-001)
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
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Parcel Nine - Walden Park
All that -real property descr-ibed 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 dedicationof
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
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a
Parcel Eleven - Ygnacio Valley Road
A portion of Lot A-7 as said lot is shown on the map entitled "Map Showing Subdi-
visions
ubdi-
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 2110 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 •A'
Page 5 of 5
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STATE BEACH,PARK,RECREATIONAL AND HISTORICAL FACILITIES BOND ACT OF 1974
Protect Agreement
Special Provisions
General Provisions
A. Definitions
1. The to.. "State"to used herein means the California State Department of Parks and Recreation.
2. The term"Act"as used herein moans the Stats Beach,Park,Recreational and Historical Facilities Bond Act of 1974
Me amended.
3. The term"Project'as used herein means the project which Is described on pope 1 of this agreement.
4. The term"Applicant"at used herein meens the patty ditcridod 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 grants to the Applicant a sum of money
(grant moneys) not to exceed the amount stated on pope 1 in consideration of and on condition that the tum be
expanded in carrying out the purposes as set forth in the Description of Project on papa 1 and under the to., and
conditions set forth in this agreomom..
Applicant press to assume any obligation to furnish any additional furtds.that'may be necessary to complete the
project.Any modiflcetion or alteration In the project as set forum in the application on file with the State must be
submitted to the State for approval.
2. The Applicant agrees to complete the Project in accordance with the tin»of project performance set forth an Pape
i and under the terms and conditions of this apson hont.
3. If the Project Includes development,the development plans and specifications shall be revived and approved by the
State.
4. The Applicant shall occurs am. lotion of the development work in accordance with the approved develowim t
pians and specifications or Fors 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 Acm nrt Schedule, including a final inspection upon Project
completion.
6. All significant deviations from the Project shall be submitted to the State for prior gWovM.
7. If the project includes acquisition of real property,the purchase price shall be the fair market value of such property
as established by the applicant's approved appraisal of such property which has also been approved by stab or the
amount establlohed a compensation by a nonctiputated final Judgment in an eminent domain proceeding. The
approved opprdsst report(propend in accordance with Government Code Section 7267 to 7267.7 Inclusive)used to
estabfish the fair mcrket value or compensation shall be furnished to state for review and approval.Applicant agrees
to furnish state additional supportive appraisal material or justi kation as may be requested by state.
Applicant agress to furnish State preliminary title reports nam ing such real property or such other avid co of
tide which is determined to be sufficient by State.Applicant agrees in negotiated purchases to correct prior to or at
the dose of escrow any defects of title which in the opinion of Stats might Interfere with the operation of the
Project.In condemnation actions such title defects must be eliminated by the final judilment.
$. Applicant in acquiring real property.the cost of which is to be reimbursed with grant moneys under this agreement.
shelf comply with Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the Government Code
end any applicable federel, state, or kxtel laws or ordinances. Documentation of such compliance will be made
anallabls for review by the State upon request.
DPR 599 (4/78) 1
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ly. Project Cola
The grant moneys to be provided Applicant under this agreement shall be disbursed as follows:
1, If the Praia" Includes acquisition of real property, the Stix shall disburse to Applicant the grant moneys as
follows,but not to exceed in.any event the Stow grant amount allocated for acquisition a at Borth on pegs 1 of
this agreement:
a When acquisition Is through negotiated purchase. Stene will disburse the amount of the Stab approved
Purchase prig together with State approved oats of acquisition.
(11 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 Stan approved pose Of acquisition.
C. In the event Applicant abandons such eminent domain proceedings, Applicant agrees to beer all poses in
can-we ion therewith and that no grant moneys shall be disbursed for such sorts.
$. If the Project includes development, after approval by State of Applicant's plain and specifications or Force
Account Schedule end after completion of the Praia=or any phase or unit thereof,Stere shall disburse to Applicant
upon receipt and approval by State of a statement of incurred costs from Applicant,the amount of such approved
Incurred case shown on such statement,not to exceed the State grant amount allocated for development,all set
forth on page 1 of this agreement, or wry remaining portion of such grant amount to the extent of such statement
State may disburse up to 90% of the State grant amount ellocated fru development as shown on page 1 of this
agreement,upon nnipt and approval by State of a statement of estimated costs from Applicant.
The statements to be submitted by Applicant shall set forth in detail the incurred or salmaad east of work
performed or to be performed on development of the Project and whether performance will be by construction
convect or by force account. Statements shall not be submitted more frequently then ninety day periods unless
otherwise requested by State.
Modifications-of the development pian end schedule must be approved by State prior to any deviation from the
Stas approved pian and schedule unless previously authorized by she State.
C. Project Administration
1. The Applicant shall promptly submit such reports as the State may request.
In any event Appliesnt shall provide State a report showing total.final Project expenditures.
3. Property and facilities acquired or developed pursuant to this agresmeM shall.ba-eveilable for Inspection by the
State upon request
3. The Applicant shall use any moneys advanced by the State underthe terms of this agreement solely for the Project
heroin described.
4. If grant moneys are advanced, the Applicant shall place such moneys in a sadarste interest beer"account.setting
up and Identifying such account prior to the advance. Interest earned on grant moneys shell be used on the project
or paid to the State. If grant moneys are advanced and not expanded, the unused portion of the grant shall be
rawmed to the State within 60 days of compietion of the Project or end of the Project performance period,
whichever is earlier.
'S. Gros incomhe that is earned by the Applicant from a State approved non.reaeational use on an acquisition project,
subsequent to taking title by the Applicant,must be used by the Applicant for main ional purposes at the Project.
E. Project Termination
1.: The Applicant may unilaterally rescind this agreement at any time prior to the commencement of the Project.After
Project commencement this agreement may be rescinded,modified or amended by mutual agreement in writing.
2 Failure by the Applicant to comply with the terns of this agreement or any other agreement under the Aa 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 can,any amount required to settle at minimum can any irrevocable obligetions,properly incurred shall tea
eligible for reimbursement under this agreement.
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4. $@=use the benefit to be derived by the State,from the full compliance by the Applicant with the terns of the
agreement, is the preservation, protection and net increase in the quantity, and quality of beaches, parks. public
outdoor reeratIon facilities and historical resources available to the people of the State of California and beaus
such benefit exceeds to an immeasurable and unascertainable extent the amount of money furnished by the State
by way of grant moneys under the teens of this agreement,the Applicant area that payment by the Applicant to
the State of an amount squat to the amount of the grant moneys disbursed under this agreement by the State would
be Inadequate eomoensttion to the State for any breach by the Applicant of this agreement.The applicant fumver
agrM therefore. that the appropriate remedy In the avant of a breach by the Appiiant 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 low or
damage to persons or property wising from, growing out of or in any way connected with or incident W this
agreement except claims wising from the Concurrent or sole negligence of State,its officers.agents,and employees.
2. Applicrn stall indemnity, hold harmless and defend State, in officers,agents and employees agairm any and all
Claims, demands. damages, costs, expenses or liability costs arising out of the acquisition, devebprnant,
Construction, operation or maintenance of the property described as the Project which Claims,demands or causes of
action arise under Government Code Section 895.2 or otherwise except for liability arising out of the concurrent or
sole negligence of State,its officers,agents.or ampioyea
3 In the event State is rhymed as Codefendant under the provisions of Government Code Section am et seq., the
Applicant shall notify State of such fact and shall represent State in the legal action union State undertakes to
represent itself es codefendant in such legal action in which event State shall bear its own litigation Costs,expenses,
and attorney's fees.
4. in the event of judgment entered against State and Applicant because of the Concurrent negligence of Stns and
Applicant, their officers,agents,or wnolovees,an apportionment of liability to any such judgment shall be made by
a court of competent jurisdiction.Neither party shell request a jury apportionment.
G. Fine now Records
1. The Applicant shall maintain satisfactory financial accounts, documents and records for the Project and shall make
them available to the State*auditing at reasonable times.Such accounts,documents and records shall be retained
by the Applicant for thToo'yesrs following project termination or Completion.
During regular office hours each of thi'perties hereto and their duty authorized representatives shall have the right
ib inspect and make Copies of env !books. Morris or reports of the other party pertaining to this agreement or
motto related theme. Applicant shall maintain and make available for inapettion by State accurate records of all
of its Costs,disbursements and receipts with nepeet to its activities under this agreement.
2. The Applicant may use any generally aCCfpted accounting system provided such system meets the minimum
requirements as may be established by State.
H. Use of Facilities
1. The property acquired or developed with grant moneys under this agreement shall be used by the Applicant only for
the purpose for which the State Gram moneys were requested and no other use of the area shall be permitted
except by specific act of the Legislature.
2. The Applicant shell without Cost to State Operate and maintain the progeny acquired or developed pursuant to this
agreement in the manner and according to the standards acceptable to State.
1. Nondisc imhhhation
1. The Applicant shall not discriminate against any person on the bass of sex,race.Color,national origin,age,religion,
ancestry, or physeal handicap in the we of any property or facility acquired or developed pursuant to this
agreement.
2. The Applicant shall not disc,In Inato against any person on the bass 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
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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 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 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 application on file with the State must be iubnritted to the State for approval,
2. Applicant shall secure completion of the development work in accordance with this Description of Project on page 1
and under the terms and conditions of this agreement.
3. Applicant shill 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.
5. 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 ariy 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.
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 sprees to complete the project under the terms and conditions of this agreement.
2. Applicant may not take title to land or begin on-site construction until Project Perfofmanoe 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.
DPR 601 (Rev.6181) (over)
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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 T.
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 (901_percent of the total State grant amount-for the Block grant or Need Basis grant to be provided the
Applicant under this agreement shall 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 j
showing total final project expenditures.(Public Resources Code 5625.) t•
2. Property and facilities acquired or developed pursuant to this agreement shall be available for inspection by the
1�
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(x).)
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-"rned b t the Applicant from a state-approved, 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 orpended 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 parks and public recreation
facilities available to the people of the State of California,and because such benefit exceeds to an immeasurable and
unescertainable extent the amount of money furnished by the State by way of grant moneys under the terms of this
agreement,the Applicant agrees that payment by the Applicant to the State of an amount equal to the amount of
the grant moneys disbursed under this agreement by the State would be inadequate compensation to the 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 Stata;'its officers, agents, and
employees.
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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 pony 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.,"loped 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.lPublig.Resources Code 5626(a).)
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 loca(furlds 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 low.
3. All facilities shall be open to members of'the public generally,except as noted under the special provisions of this
project agreement.
3
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STATE.URBAN.AND COASTAL PARK BOND ACT OF 1975
Project Agreensent
Special Provisions
General Provisions
A. Definitions
1. The term"Ststa"as used herein means the California State Oepamnent of Parks and Recreation.
2. The term"Act"as used herain means the Stats.Urban, and Coastal Park Bond Act of 1976 as amended.
3. The term"Project'as used heroin moans the project which is described on page 1 of this sgraement
4. The term"Applicant"as used herein means the party described as applicant on page 1 of this agreement.
8. Project Execution
1. Subject :o the availability of Brant moneys in the Act,the State hereby grants to the Apolicant a sum of money Igrant
moneys) not to exceed the amount stated on page 1 in consideration of and on condition that the aim be expended in
carrying out the purposes as set forth in the 0ecription of Project on pegs 1 and under the terms and conditions sat
forth in this agreement.
Applicant agrees to ssaume any obligation to furnish any additional funds that may be necessary to complete the
project Any modification or alteration in the project as sat forth in tree application on file with the State must be
submitted to the State for approval.
2. The Applicant agrees to complete the Project in accordance with the time of project oerformance set forth on page 1.
and under the terms and conditions of this agreement
3. If the Project includes development, dee develooment plans and specifications shall be reviewed and approved by the
$tate.
4. The Applicant shall secure consolation of the dev*iooment work in accordance with the approved development plans
and specifications or Force Account Schedule.
S. The Applicant shell permit periodic sits visits by the State to determine if development work is in accordance wits+ the
approved plans and specifications or Forge Account Schedule,inc!uding a final inspection upon Project completion.
S. All significant deviations from the Project shall be submitted to the Stats for prior approval.
7. If the project includes arouisition of real property,the ourchass cries shall be the fair market value of such property as
established by the Applicant's aopraved appraisal of such property which has also Seen scaroved by State or me
amount establiahod as compensation by a nonstioulated final judgment in an eminent domain proceeding.The approved
Worsissl report(prepared in accordance with Government Code Section 7267 to 7267.7 inclusive) used to establish rhe
fair market value or compensation shall be furnished to State for review and approval.Applicant agrees to furnish State
additional.supoartivs appraisal material or justification as may b1 requested by State.
Applicant agrees to furnish State preliminary title reports rrwocting such real property or such other evidence of title
which is determined to tee sufficient by Starts. Aooiicant agrees in negotiated oumhasas :o correct prior to or at me
Clow of *@craw any defects of title which in the opinion of State might intarfere with the ocaration of the Project.In
condemnstion actions sich title defects must be alinsinated by the final judgment
3 Apolicant in wouiring reel property, the can of which 'a to be reimbursed with grant moneys under this agreement.
shall comply oath C:tscter IS (commencing with Section 77641 of Civision 7 of Title 1 of the Government Caas and
any soolicacle federal, state, or Idc7t lays or ordinancm Documentation of such compliance will be mace available for
review by the State upon reau"L
00 30
C. Protea Coes:
The grant moneys to be Provided Applicant under thin sWeeniont shall be disbumd u follows:
1. K the Proiea includes amiiisition of red property, the Sts= shall disburse to Applicant the grant moneys ae
follows,but not to exceed in any went the Stals Rant amount set forth an page 1 of this agree-sent:
s. :When acquisition is through negotletd purchase, Sts= will disburse the amount of da State approved
ai rchm Prig,together with State aoproved costs at acquisition.
(1) Sfs=may @last to make disbursement for deposit into escrow.
Is. When acquisition is through oromedings,in eminent domain. Stats will disburse the amount of the total
~d as provided for in the final order of condemnation together with Stan approved costs of acquisition.
C In the event Applicant abandons leach eminent domain proceedings, Applicant agrees to beau ail costs in
Connection therewith and that no grant moneys shall be disbursed for such costs.
2. If the Protect includes deveiaomertt. afar 3ooraval by SIate of Applicant's pians and scaafications or Form
Account Schedule and after completion of the ProjeG or any phase or unit thereof.Stan snail disburse to Acolicant
upon reaiot and aoorovai by Stare of a statement of incurred oasts from AOolicant.Te amount of such aooroved
Incurred Poets shown on such satsmadn. not to exceed the State ,sunt amount set forth on page t of this
agreement. or any remaining portion of such Rant amount to the extent of such statement.State may disburse up
to UM of the Stats Rant amount allocated for develoomant upon raceiot and approval by State of Applicant's
pians and soodfications or Force Account Scrieduis.
The statements to be submitted by Aodicant shall set forth in detail the incurred or astime,ed dist of work
performed or to be performed on development of the Project and whetner aertorhance will be by construction
contract or by force account Statements snail not be submitted more frequentiv than ninety day oeriods union
otherwise requested by State.
Modifications of the drMiiamant plan and schedule must be socroyed by Stu= prior to any osv4don from the
Stas some wood plan and schedule unless or#Aowav authorised by the State.
0. Project Admin imation
1. The ADolicant shall orompthv submit sum reports as the State may request.
In any event Apoileant shall provide State a report showing total final Project excenaitures.
2. Property and facilities aatuired or developed pursuant to this agreement shalt be&%citable for inspection by the
State upon request.
3. Ths Apoliant anall use arty moneys advanced by the Sts=under the terms of this agreement solely for the Project
hank-described.
4. If Rant moneys ars advanced. the Aacticent:hail place such moneys in a separate interest bowing account,setting
uo and identifying such scrcunt prior to ase advance.interest earned on grant moneys sned be used on the project
or paid to the State. It Rant morays are advanced and not expended, the unused aorrion of the Runt shad be
returned to the State within 60 days of comdistion of the Project or and of ane Projea performance Owica.
whichever is Cartier.
S. Gross income that is earned by ane Avoliant from a State approved non+ecestiorm uta on an acquisition oroject.
evbasauant :0 making otic by the Anwicant,must be urea by the Ano ieant for recreational Purooses at the Praject.
E Ptojea Termination ,
1. The Aciolicart nay uniiatersOv rescind this agreement at any time prior:o the commencement of:tie ProiWL After
?roieet d=e-merncemant this agreement may be rescinded.modified or amended by mutual agreement in writing.
2. Failure by " Acaiont to asmmy with the terrms of this agreement or env other agreement under the Act may be
Ouse for suspension of all obligations of the Sate namnaer.
3. Failure at the Acasicom to comety with he -crams of :his agreement snail not to cause 'or the suscomsion of ail
ob8gstions of the State hereunder it in :ns ivagment of rhe State such factum was 3+e to no'suit of the AOaricant.
In suer case.any amount recuirea to sale at mmimwh cost anv irrewoose coliyetsors aroaarhv incurred snarl be
eligible for raimburso went under this agreement /
3
00 3 �
C
I
4. Because the benefit to be derived by the Stm, from the full compliance by the Applicant with the teres of this
agreement. is the presetwtion. protection and net increase in the quantity and quality of bison.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 agreement by the Stats would
be inadaqum compensation to the State for any breach by the Applicant of this agreement.The applicant further
*gran therefore,that the appropriate remedy in the event of a breach by the Applicant of this agreement shall be
the specific performance of this sgreemenL
F. Mold Harmless
1. Applicant hereby weives 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 daims 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 omdlovees against any and all
claims, demands, damages, costs, expenses or liability costs arising out of the scouisition, development,
construction,operation or maintenance of the property described as the Project which claims,demands or causes of
scion arise under Government Code Section 895.2 or otherwise except for liability arising out of the concurrent or
sole negligence of State,its officars,agents.or employees.
3. In the event State is named as codefendant under the provisions of Government Cade Section 895 it eaq.•the
Applicant shall notify State of such fact and shall represent State in tie legal scion union State undertakes to
represent itself a codefendant in such legal action in which event State shall bear its own litigation costs,expenses.
and ettorney'S fees.
4, to the event of judgment entered against State and Applicant because of the concurrent negligence of State and
Applicant;their officers,agents,or employees,an apportionment ot*liability to pay such judgment shall be made by
a Court of competent jurisdiction.Neither party shall request s jury apportionment.
G Financial Records
I. The Applicant shall maintain satisfactory financial stxounts, documents and resmras for the Project and shall tusks
them available to the State for suditing at reasonable times.Such sccounts..documents end records shell be retained
by the Applicant for three years following project termination pr.aompletione
During regular office hours tech of the parties hereto and their duly suthoriteri Atpresentatives shall have the ngnt
to inspect and make cooiin Of any books, records or reports of the Other pity pertaining to this agreement or
matters related 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 agreement.
2. The Applicant may use env generally accepted accounting system.
i. Use of Facilities
1. The property acquired or developed with grant moneys under this agreement shell be used by the Applicant only for
the purpose for which the State Grant moneys were requested and oto Other use of the was shall be permitted
except by specific sot of the Legislature:
2. The Applicant shall without cost to State oashite and maintain the property acquired or developed pursuant to this
agre+rnent in the manner and according to the standards acceptable to State.
1. Nondiscriminstion
1. The Applicant shell not discriminate against any person on the basis of sex,race,color,national origin•age,religion,
ancestry. Or physical handice0 in the use Of my property or facility acquired or developed pursuant to this
soon
2. The Appficent shall not sSscrirninate against any person on the basis of residenceJacept to the extent that
reasonable differences in admission or other fess may to maintained on the basis of rpidence and pursuant to law.
3. All facilities shall be open to menbare of the public generally,exeaot as noted under the special Drovisions of:his
praim agreement.
4
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r
Jr
CALIFORNIA PARKLANDS ACT OF 1980
Is ojaet A/oenarn
fpseial Pnosisions
Ganem Provisions
A. Definitions
1. The term"State"as used heroin mans the California State Department of Parks 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 page 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 at
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 set forth in the application on file with the State must be
submitted to the State for approval.
2. The Applicant agrees to•oornplots 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 Face Account Schedule shall be
reviewed and approved by the State.
4. The Applicant shall secure completion of the development work in a6cordence with the approved development plans
and specifications or Force Account Schedule.
6. The Applicant shall permit periodic site visits by the Stam 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. 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.
B. Applicant agrees to furnish State preliminary title reports respecting such reel property or such other evidence of title .
which is determined to be sufficient by State. Applicant agrees in negotiated purchases to correct prior to or at the
close of escrow any defects of title which in the opinion of State might interfere with the operation of the Project.In
condemnation actions such title defects must be eliminated by the final judgment.
C. Project Com
The Grant moneys to be provided Applicant under this agreement may be disbursed as follows:
1. If the Project includes acquisition of real property,the State may disburse to Applicant the grant moneys a follows,
but not to exceed in any event the State grant amount sat forth on page 1 of this agreement:
a. When acquisition is through negotiated purchase,State may disburse the amount of the State approved purchase
price together with State approved costs of acquisition..
b. When acquisition is through proceedings in eminent domain.State may disburse the amount of the total award
as provided for in the final order of condemnation together with State approved'oom 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
OPR 653111/8D)
00 33
• i
c►
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 pope 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 than 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 60 days of completion of the Project or and 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 goent project,or,if approved by the State,for recreational purposes within the Applicants
Jurisdiction.
E. Project Termination r
1. The Applicant may unilaterally rescind this agreement at any time'pr'ior,to the commencement of the Project.After
Project commencement this agreement may bik 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 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 coo 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 terns of this agreement, the Applicant agrees that payment by the Applicant to the State of an
amount equal to the amount of the plant 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 * 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 spainst 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 Stan,its officers,agents,and employees.
2. Applicant shall indemnify,hold harmless and defend State,its officers,"ants 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, dernsnds*or•Ceuses of action arise under
Government Code Section 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
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 costs,expenses,and
attorney's fees.
4. In the event of judgment entered against State and Applicant because of the concurrent nagligence of State and
Applicant;their officers,agents,or employees,an apportionm rnt of liability to pay such judgment shall be made by a
court of competent jurisdiction.Neither party shall request a jury apportionment.
G. Financial Raw ds
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. 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 under this agreement.
2, The Appiicant may use any generally accepted accounting system,
N. 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 shall be open to members of the public generally, except as noted under the special provisions of this
project agreement. _
4
00 35
LAND AND WATER CONSERVATION FUND PROJECT AORUMENT
L Definkiae
A. The tame•'MCRS"to used heroin means the Heritage Conservation and Recreation Service.United Stan Department
of the Iroarior. '
1L The tarn"Director"a used herein roans to Director of the Perhaps Corheervot and Service.or wry
tapram motive lawfully delegated the authority to act fa such Obector.
C. The term"WbDn Officer'a used heroin mam the Coifornis Director of Farb and Recreation.or other State office►
a daignoad by the Governor from tiers to time and authorized by the State Legislature.
0. The term "Manual"a used herein mane the ilorttepe Conservation and Recreation Service Manual. formerly the
Bureau of outdoor Recreation Manual(Outdoor RK+ation crontrin,Aid Mawali.
IL The tam "Project" a used herein mans the project or project agnme which Is to subject of this oprm w. a
defined In the Project Proposal.
F. The term "Project Pmposel" a used herein mem the form sod all supplemarrul etachnents used to describe and
estimate the oast of a planning.acquisition,or d"oprent project filed with the Usison Officer in support of an t
application for federal financial assistance.
0. The tern "State"as used heroin mans the State of Csiiformie.and/or its offkW representative.the Dow vim. of T
Forks and Recreation.
IL The term"Participant"a used herein means the recipient of the federal funds to be disbursed in am does with the
farms of thisagre rm t.
L Tie tam"State Funds"a used herein owns those moneys made evollable by the Sate a mistehing nuwwy for pro-
f acts under the Land and Water Conservation Fund Act of•1965,78 Stat.897(1964).
11. Continuing Awmetbea
The partbs to the projec agrarent specifically recognize that the Lend and Water Conservation Fund asistenee project
creates an obligation to inaihuin tfia property described in to project agreement consistent with tie Land and Water Con-
arvotkm Fund Act and the following requirernents.
Furter.k b the acknowledged intent of the parties bereto that recipiene of asistence.w11in umrorwo granted hwmn&r for.
Via purposes of this program.and that aahst&nce granted from tie Fund will mutt•fa&'nit increase,commensurate at Mast' '
stealth the Stets cost4hare,in a participant's outdoor.recreation.it is Intended by both piRia"to that aabterre 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 s abtance.that It will meet the folkawinp specific requiremo and tha toms
of the project sweemart.
IL The participant agrees that to property described M the project ace own t and the dated project boundary map made '
part of that sp eement Is being acquired or developed with Land and Water Conservation Fund aerisance or is integral
so such acquisition or development.and that. without the approval of the Liaison Officer.the Dinmetor.and/or the
Sacrotery of the interior.It&hall not be converted to other than public outdoor recreation use but shall be maintained s
In public outdoor recreation In perpatuhy or for the term of the baa in to cess of based property.The Secretary Owl
approve such conversion only If he finds it to be in accord with the than existing comprehensive statewide outdoor
recreation plan and Only upon such conditions a he dare necessary to mute the substitution of attw recreation
propertbs of at Mat equal fair market value and of raosonabfy equivalent usefulneo and location.This roplecor ent
end baeomna subject to Sterman 6(8(31 protection.The approval of conversion shall be at the solodiscretion of the
Secretary.or his designee.Prior to the completion of this project.the Participant.the Liaison Officer.and the Director
may mutually alter the area described in the project agr arrant and the dated project boundary map to provide the
most satisfactory public outdoor recreation unit.except that acquired porceb are offaded Section V0131 protection at
Fund reimbu w on Is provkMd.
In On event the NCRS provider Lad and Water Conservation Furl wbtence for the acquisition and/or development
of property subject to reversionary Interests with full knowiedge of those reversionary bntereste.conversion of amid
property to other public outdoor recres Ion uses a a reek of atch reversionary Interest being exercised Is approved.In
receipt of this approval,the participant agrees to notify the State of to conversion a soon a poaible and to Bak
aprovel of replacement property,in accord with the conditions set forth M these provisions.The Pe VCWM further
ap to effectuate such replacement within a reasonable Period of time,acceptable to the State,after the conversion
of property takes place. The provisions of this paragraph we Mo applicable to: based propin In acquired and/or
developed with Fund assistance where such base is terminated prior to its full torn due to the existence of provisions
M such lea known and agreed to by to State:and properties abject to other oNaterming rights and innterests that
may result in a conversion when known and agreed to by the State.
2
00 36
C. The participant agrees that the beneAt to be derived by the stag from the full compliance by the Partic1pent whh this
tarns of this apreorrnnt Is the preservation.protection,end the not mesas in the quality of public outdoor m= acion
facilities and resources which are available to the People Of the Stab end of the United Stats,and such benefit excels
to an immeasumble and unsocertainable extent the amount Of money furnished by the State by%Nay of assistance under
the-icons of thisagmer.m. The prtk*mnt swoon that psymont by the participant to the State of an amount equal tib
the amount of assistance extended under this ap seam by the Stata would be inadequateeonperwtion oo the State
for any be by the participant of this orae n , The participant trudnr agrees,that the appropriate remedy In the
event of a bread+by the participant of this egrownsnt shall be the specific perfornse nce of this agmenwi.
0. The Participant agrees to comply with the Policies and procedures eat forth In the Heritage Conservation and Rao-
notion Service (MCRS) Grants in,Aid Manuel. Provisions of said Manual are hKorporetrd into and made a pert of
the Project oprsernmolt.
L The peNcipant aero s that the property and fat:Ilitles described In the project apnemhent shall be operated and main•
tined as Prescribed by Manual requirements.
F. The pa icipent oWeas that a parrnanerht ram shall be kept M the participant's public property records end available
for Public inspection to the effect that the property described M the scope of the proles agreement.and the dated
Project boundary map made pert of that agreement,hes been acquired or developed with Land and Water Conservation
Fund assistance and that It cermet be convartod to other.than public outdoor recreation use without the written
approval of the Usison Officer.the Oirsetor,and/or the Secretary of the Interior.
0. Nondiscrimination
1. The prtkiPant shall comply with Title V1 of the Civil Rights Act of 1864(10.1.88.352)and in accordance with
This VI of Chet Act, no person in the United Stetae shall,on the ground of race,religion,color,or national
origin,be excluded from participation in,be denied the bsnffttsof,or br otherwise subjected to disaiminotion
in the use of any property or fatality acquired or developed pursuant to the project agreement.The participant
shall immediately tske any measures neceso V to effectuate this provision.This assurance shell be binding on the
participant or any political sul4vislon or other appropriate public agency to which Fund assistance or property
acquired or developed with Fund assistance hes been transferred for public rsow Ion purposes.
2. The participant"I comply with Title VI of the Qvil Rights Act of 1964(42 U.S.C.2OWd) prohibiting an-
ployment discrimination where (1) the primary purpose of a Want is to provide employ- amt of (2)
dbcrimdnetory employment practices will result in unequal treatment of Pereons who are or should be bww
fitting from the Want-aided activity.
_. The participant shell comply whh the regulations and guidelines Promulgated punuent to the CIA Rigirta Act
of 1864 by the Secretary of the interior and the Heritage.Conservation and Recrestion Service.
4. The provisions of the tint three paragraphs apply to any part of the-mirertion fystem within which the castled
facility or property exists.
L The participant shall not discriminate agelnst any psi n on the bub of residence,except to the extent that
reasonable differsnin admission or other feat may be maintained on the bees of m*,4 co se set forth in the
Manual.
Ih. Feojeet Assur«mes
A. Applicable Federal Circulars
The Participant shall comply with applicable regulations.policies. guidelines and requi a w a Including Office of
Management and Budget Circular No.A45(Evaluation,slew,and coordination of lads, I assistance Programs and
projects) and A•102(Uniform administrative requirements for grents4n eld to stata and loci governments) and FMC
744 Most principles applicable to Wants and contracts with,tate and loci governments)as they relate to the spol-
ostion,aPP I once and use of federal funds for this federally assisted project.
e. Prefect I►ropoeal
1. The project propose for State assistance boring the sane project number as the sipow wnt and associated
documents Is by this reference made a part of the agrseniss
Z The participant Possesses NO authority to apply hw the Brent.end to finmee and construct the proposed
fadlltles. A resolution. motion or similar action has been duly adopted or passed authorizing the filing of the
projactproposal, including NI understandings and amrwwn contained tonin,and directing and authorizing
the person WasAed as the official representative of the participant to act in connection with the Project
proposal and to provide such additional information n may be required. - .
3. The participant:hes the ability and(mention to finance the non4tate share of the costs for the project.Sufficient
funds will be available to mum effective operation and nrlmtenanae of the facilities acquired or developed
by the Prolect.
00 37
Q P, Execution
1. It le understood by do artier Mento Nat this apeanw- doll not obligate Saw of Osliformla funhds for the
project one described herein.The participant hereby promises,In consideration of on promises node by the
Liaison Officer herein,to execute the project stage else ribad hereh.In accordance with the terms of lisle orw
rtant.Any disbursement hereunder shall not be ads unless and until funds therefor an received by the Liaison
Officer from the Harhage Consarvetion and Room ion Sarvb.This item titan not apply when the participant h
an aguhcy of the Stan of Celltornle.
2 Tin Unison Officer hereby Promises.In consideration of the promises made by the participant ha»hn,m aeoapt
appropriated federal funds for the purpasa of the prolm end disburse the am to nirnburse the participant up
he 60 portent of to eligible project cost not to exaad 60 parent of the direct Project am shown In this
agrearne- :except for a sur harp for administrative costs to be applied to twice the federal dere of direct
aligible project coats. Tie surcharge is m be deducted from the Mmbursanrnts received front Ns Federal
Govemnw+t applicable to this project and will be computed at the federally approved turdhaga raw In affect
at the tine the billing Is submltad to the Federal(ioverrnent.
3. The project period shell begin with thedsteof opprohiel of the polectsers rnerht or the afhctiva dna of s n
waiver of rstroaetivity and shall semminote at the and of the stated or amended project period unlace the project
Is completed or ttrmins ed sooner in which event the project period doll and an the date of owWletion or
grnhination.Pw project elements added to a consolidated project.the project period will begin on the data the
Project element is approved.
4. The pwftWmt will cause work an the Project to be commenced within a reasonable time after recelpt of '
mortification that funds have ban approved and assure that the project will be prosecuted to completion wile
reseonable diligence.
t. The participant will require the facility to be designed to comply with the`American Stendard Specifiations
for Making Buildings and Facilities Accessible to. and Usable by, the Physically Handicapped," Number
A117.1-161.a modified 141 CFR 101.17.7031. The State will be responsible for conducting In peetbre to
tteura tompllance with these specifications by the eomtraetw.
IL The participant"I secure completion of the work In accordance with approved construction plane and spec-
iflcetions,and shall sawn compliance with all applicable fadaral,state,local lows and regulations.
`7. In the event the prolset.covered by the project apw no t.iKluding future stages of Na project.cannot be
completed M am- rdenee with the plans and specifications for the project:the panicipent shall bring the project
to a point of twationcl usefulness agreed upon by the participant and.the Dirw r or his dseigrw.and the
Lbim Officer. ti
t. The participant will provide for and noinwin competent and idequm adhkwvm l w4naring supervision and
1 W P, ion at the construction dt.to Nhsun Nat tie completed wwk conforms with the approved plans and
spedflatbns:that It will furnish Progrs reports and.such othai imfomotion a the HCR$may rectum.
t. The pertidpa nt will comply with the tarns of Title 11 and Ther Ill,the Uniform Relocation Assistance and Real
Property Acquisition Policia Act of 1870(P.L 81818).94 Stat.1884 (1070),and the applicable regulations
ad-procedurss Implementing such Act for all reel property acquisitions and when spplkable shall assure ttot
rise Act has ban complied with for property to be davelopad with assistance under the project opeenw.
10. The participant wilt comply with the pro-blons of: Executive Order 11888,relating to "ustion of flood
hoards: Executive Order 11288,misfit*to the Pnwntion.control.and abatement or water pollution.and
Executive Order 1100.relating to the protection of,
11. The participant will comply with fhe Rood insurance punelow requirerreno of Secdon 102(a) of IM Flood
Disaster Prosection Ant of 1873.Public Law 90.234.87 Stat.976,approved December 31,1978.Section 1021a)
aaquires,on and after Math 2.1975.the purl of flood insurance in communities when such imwura se Is
"lable a a condition for the receipt of any federal flnwheial assistance for construction or acquisition purposes
for use M any are Net has been idw tiled by the Secretary of the Department of Housing and Urban DevesOP-
went a sn arae having weal fioo0 heard:.The phase"fadaral financial wistance"includes any form of loan,
grant.guaranty.Insurance psymmnt.rebate.subsidy.disaster assistance loan or grant.or shy other form of direct
or indhaa federal assisana.
IL The participant will insure that the facilities under in own st V.haw or supervision shish shall be utilized In
Ow accomplishment of the pro)W as not listed on the Envirorm im Protection Agency's(EPA) list of Via
Isting Facilities,pursuant to 40 CFR.Part 1620 and Nat It will notify the Sate and 14CRS of the receipt of
any communication from the Director Of the EPA Office of Federal Aetvitise Indicating that a facility to be
spoizsd in the ProNet Is under consideration for listing by to EPA.The participant agrees to comply with all
applicable standards.ado .or regulations Issued pursua t to the Clean Air Act of 1970.The patkipa d fwthor
ograas to beers this draw into any contract or subcontract in.axoses of$100A00.
13. The perticiperht will asist the Stew and HORS In Its compliance wfth Seetion-106 of the National HIM"
Preservation Asx of 1966 as amended (16 U.S.C.470). Executive Order 11693,and the ArchookVical and
Historic Praarwtion Act of 1966 (16 U.S.C.46hIe-1 at seq.) by (a) aaeuftintl with the Sate Historic ha-
00 38
artiatbn OMor an the conduct of Investigatioro.as mastery,to Identify properties listed In or eligible for
Indualon in the National Register of Historic Plan tat are subject to effects(sae 36 CFR Part(MA)by the
activity.and notifying the federal penton agency of to eaistenoe of any such properties,and by(b)complying
with all repuinrtMnna established by the federal grentor agency to avoid or mitigate adverse offeett apse such
Properties.
O. Conatructiat Convened for by the►anldpant$halt Wet ter Followbg PAMU snsm-
1. Contracts for construction in aicoess of$10,000 shall be avnerded through a prows of eomhpetkW bidding
involving formal advertising,with adequate purehasa description.Baled bids.and public openings.Copies of all
advartisen snot.bick and a copy of the contract shalt be retained for inpefxion by ter Oliam and the$ate. c
Z The pardebent shale Inform all bidders on contracts for owwvuetlon that Ieral funds are being used to assist
In construction.
3. Mitts change orders shell be bowed for alt nacssery changes In the facility being a mstructed undercontracts
of 810,000 or mon.Such change orders shall be made a pert of the project file and should be kept available for
audit.
4. Contracts for construction shell include a provision for eomplisew with the Copeland"AntidUckbaek"Act(16
V.S.C.8741 as supplemented by Oeperww t of Labor regulations(29 CFR,Pert 3).
L The pu ddPont will eormply with other proa+nment standards of OMB Circular A-102.Attechment O.except
for provisions We to oomhpllance with Dovb Baca+Act requirements(unless required by a ixogren+providing
a voisimentai funding).Should supplemental fwhdino be provided which requires compliance with Davis Bacon
Act requbsnrnb.all eonstruedon contracts awarded by the grantee and adWwtn In exaes of$2,000 shall
Include a provision for compltsnce with such Act(40 U.S.C.Me to a-7)and n supplemented by Depertment
of Labor regulations(29 CFR.Part$).
The participant shall incorporate.or cause to be tncorpontd.Into all construction contracts exceeding$10,000
(trathousend).the follow Ino provisions.
"Ourin4,thi performance of this eonvm.the connector agrees as follows:
"III The contractor will not discriminate against any employee or spplicent for employment because of race.
religion.color,sex.or niRiOnal erign.The conmactor will take affimhstive salon to ensure that applianu are
Vmploysd.and that employes are wasted during empl yrnent. without regard to their race.creed.color.or
national orgin.Such action shell Include.but not be limited to.the following: Employmern;upgrading:demo-
don or transfer; nwuitrsfht or recruitment advertWng;'layoff or termination;rates of pay or other forms
of oampensetiort:and selection_for training. Including apprenticeship.The contractor ogres to pow In con-
apkouour places.available to employes and applicants for shvicyWient.nations to be provided by the contra•
aft officer setting forth the provisions of this mp Wien Irninedon clause.
"(a The oontractor will. In all aotkitatla s or adverttsenNnta for employes placed by or on behalf of the
contractor.state that all qualified appli— will receive eon sideration far a Wow w without regard to race.
sMigbn,color.sex.or fnatiofhal orOL
13) The aw vacm will sad to each labor union or representative of work we with which he has a collective
bwgelnbg mom wit or otter contract or understanding,a notice.to be provided by the agency eoehtracting
officer,advising the Iabor union or workers'rapresernrKive of to eontrector s eommitmana under Section 202
of Exarvtve Order No.11246 s an+erded(3 CFR 169(1974)1.and shell post copies of narks In eormicuous
places available to emp Vas and appiicenu for anpbynonL
"M The convector Persil comply when all provisions of Eta udw Order No.11246.s anon A and the rules.
nguiations.and ielem- orders of theSecretary of Labor.
"(61 The contractor will furnish all Information and reports required by Executive Order No. 11246.as a-
mended. and by to rules. regulations.and olden of In Secretary of Labor.or pursuant thereto.and will
permit accen to his books. roads,and accounts by the convecting agency.the Stam.and the Secretary of
Labor for purposes of imsest'pI m n to aseerain compliance with such rules.rephKiona.and orders.
"(6) In to event of the eontracm nonconrhpllance with the nondirerinhieetlon douses of this contact or
with any of such rules.regulations.or orders6 this contract may be angled.terrminated.or suspended in vvfwle
or In pan and the contractor may be declared Ineligible for further Govwnmert comtracta In accordance with
procedures authorized In Exeartim Order No.112".s mended,and such other sanctions may be imposed and
rerhedis invoked a povided In Eweartve Order No.11246.a audad.or by nukes.regulatioro.or ordara of
theSecretaryof tabor.or s atharwba provided by lass.
"(71 The contactor willinclude tha provisias of PsepsO It)through f11 in every subcontractorpurchase
order unless exempted by rules.regulations.or orders of the Secretary►of Labor issued Purawa vt to Section 204
of Exacud»Order 112".s ermerdee,so tat such provisions wfll be binding upon each sh41" I ti ecto- or
vender. The convertor will take such action with respect to any asbconvact or purchse order s the ODm-
vaetirg agenclr may direct s a meas of enforcing ouch provisions,including sanctions for noncompliance:
PlowWad.however.than In the event the convector beocnw irnoMd In,or isthreato with.litigation with a
o*miouctor ar verdor s e mowtt of arch dk oction by the eorhtreed agency,the convector may request the
LIAlted Sates m tamer Into such Iltigation to potsct the Interests of the Unked Sats.
00 39
0
7. The putielpem d" (1) comply with the above provlsbns in construction work ow. out by Itself,(2)valet
and cooperate actively with the Secretary of the interior and the Seeregry of Labor in obtaining the compliance
of contractors and subcontractors whh to above am sec provisions and with the rules,regubtione,and ral-
event orders of the Secretary df Labor.(3)obtain and furnish to the 8ecreary of the Interior and to the 8e6-
nary of Labor such Womhatbn es they may require for the supervision of such compliance.(4)enforce the
obligation of contractors and subcontractors under such provisions,rola.reguletiors,and orders.(b)arry an
unctions and penalties for violation of such obligetbrs impowd upon contractors and subcontractors by the
State,or the Seaetuy of Labor.or the 8e, ry of the Interior pursuant to Fart 11.8ubpsrt D.of Exemive
Order No.11246.as amended,and (6) refrain from entering into any contract with a contractor debarred from
Government corn under Part II,Subpart D.of Executive Order No.11248,a arnended.In addition.to
Participant cores that ff k fails or refuses to comply with these undertakings,the MCRS mey take any or ell of
due following actions:Cancel.tennhhats.or suspend in whole or in part this Brent.refrain from extending any
further assistance to the appii er t under the program with respect to which the failure or refusal occurred until
aatisfaetory assurance of future compliance ha been received from such applicant;and refer the ase m the
Department of Justice for appropriea lepal proceedings.
!L Conflict of In two
1. No off'ieW or employee of the participant.Stas,or Federal Government who Is authorised in his official eapee
Ity to negotiate.make,aware or approve.or to take part in such decisions regerding a convict or a, -tract
In-connection with this project shall have any fhmxw or other personal interest In any such contract or sub-
e01101C
2 No person pwfomnhg services for the perticipam In connabtbn with this project shall have a financial or other
-personal interest other than his ampioyment or retention by the participant,in env contreet or subcontract in
connection with this project.No officer or employee of such person retained by the participant shall heves any
AnerWal or other personal Interest M any reel property acquired for this project unless such Inerts Is openly
disclosed upon the public records of the participant.and such Officer.employee or parson has not participated in
the eawkition for or on behalf of the participant.
3. No member of or delegate to Congress shell be admitted to any share or part of this egrserr;enrt,or to shy bow t
to arise hereupon,unless such benefit shall be In do torn of an pniv w t made with a corporation for Its
general benefit.
4. The pertkiPont.State.and do Direetor shall be responsible for enforcing the above oenflict of brarest prWA-
slo s.
Is. ffanh Act
The participant will comply with the"06visione of the Match 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 preen ent shell take pan in any of the political activity.-prescribed In the Ketclh Political Activity Act
Act.b U.S.C.Sm 118k(1884),with the exceptions therein w4nansted.
G. Pneject Coati
1. trojeat costs eligible for assistance shell be determined upon the bads of the criteria at forth In the Manuel and
FMC 744.
2 -The w wnent may include do use of to hndireet cost rate currently approved.in am deface with FMC 744.
for the participant that b a party to this apreemwrt.
1(. Project Administration T
1. The prticipaht slap pronnptV submit such reports end documentation es the Director or Ueison Officer may
"N"Jest.
. 2. Any moneys advanced to the participant are "public moneys" and dWI be deposited In a bank with FDIC
insurance coverage and the belenees axosWing the FDIC cowerupe shell be collaterally secured n provided for in
12 U.S.C.255. .
3. The ps Helps-t O W ca any fade recehied by way of advancepayment tram the Stas oder the tarns of this t
egrsemwe t solely far the project or project sags described In the agrserna
4. trcpertia end faciNtise acquired or developed with Fund assistance shell be available for Ira Pilon by the Stas
or the NCRS at such btervais at the Ualson Officer or the Director shall require.
I. 'Retention and Custodial M quirerrnents for Records •
. t
1. Financial records.supporting doeum mm.statistical ramds.and tett other records perthont to this grant toll be
rained for a period of three Veers:except the recoils shell be retained briond the three-year period if audit
owfinp have not been raeofved.
2 The retention 1Id starts from t»dsa of the fiat expenditure sport for the project or the eorsoiideted
project ale W.
•16
00 40
. . IDA
& Stns and local pvwrdnw te we aud+oriaed to substitute microfilm copies In ilea of original records.
4. The Wiaon Officer.Secretary of the interior.and the Comptroller Canard of tin United Sates,or any of thelr
duly sudwrisad reproantethims,al" have access to any boob.doa rearm papas.and rscords of the pwtie-
ipent and their sulowmas which are pertinent to a e nit project for the purpose of making audit,exam-
` botion.excerpo and Dom
I hoNrt Termination
1. The Lisbon Officer of the Oh actor may ampormr0y sumpennd Sea assistance seder do project mWbV corrrc-
dw action by the participant or pending a decision to terminate the Want by de MCRS or the Sate.
2. The participant may unilaterally terminate the project or consolidated project alenant at any time prior to Na
first payment on to project or consolidated project dement. After tin initial payment,the projac!may be
terminated,modified,or arnanded by tM petieipant only by nwtuel sreenmmt.
i. The Lisbon Officer or the Ob wtor may terminate the project in whole.or In pert.at any tine before tin dm of
completion,wMnewer It is determined that the p;entea has failed to comply wim the conditions of de Rant.
The Lisbon Officer or Director wit pronnptly notify tin participant in writing of tin dote.,Inatlon and the
rnsons for tin terninstlon.tooather with the affective dote.Payments made to tin pwtieipant or recoveries by
Ove Sate under projects terminated for causeshall be in coo, with tin legal rights and liabilities of tin pwtim.
4. The Oirtrn:tor,Sae.or pardelpant,may arminste Rana in whole.or in part at any time beton tin dee of
cOmnpletion,when both prtise Was that the continuation of do project would not produce banMcial faults
eomnrrenaraw with tin further expenditure of funds.The two parties Nail agree upon the termination can.
ditione, including to offeetM date and, in do asses of par8d termination conditions.Including tin effective
dew and. in the cess of partial annlnation.the portion to be lei noted. The Ranter ehdl not incur new
obligations for tM terminated portion after tin effective dm,and shall cancel as many outstanding obliprtions
as possible.The Sea may allow full credit to tin participant for the sate shoe of die nonceneNlaWa oblige-
tions.properly marred by tin oranaa prior tb termination.
• L Twminstion either for cause or for convenience requires Nat the project In question be trough to a sem of
rasptionalusefulness sweed upon by tin participant,the liaison Officar.or de Olractor.or that all funds
provided by tin t[maga Conservation and Reception Service In returned.
K. Fund Aeknowledomarnt.
--i
The participant will permanently ifispley in a conspicuous Place a bronze plegue whirl+acknowledoes land and Water
Conservation Fund assistance.The plaque will be provided by the State Department of Parks and Recut an ad Is
lnsallation by the perdeipe nt will be required upon initial develop mm- of tin property.
L hold Harmless
s
TM pe pent shell India m Hy tM Sate of Celifornle end its officers.aggro and amployeae spinet and hold tier arena
from and hernless from pry and all claims. dmmw ,dernages, l,sses. wets, and/or expenses of liability der to.or
arbing out of.ether In whole or in part.whether directly or indirectly,tM oogm intron.dmlopinv i wrnstnsetlon,
operation.or meintenence of the project.
.7
00 41