1976-0527_ORANGE, COUNTY OF_Joint Powers Agr 2nd AmdRECEIV EU
NOV 0 t
REVENUE S6�FMG
SECOND AMENDMENT TO JOINT POWERS AGREEMENT
EL CAMINO REAL PARK
(Formerly known as Long Park)
THIS AMENDMENT, to joint Powers Agreement, made and
entered into this the 27th day of May, 1976, by and between
the CITY OF SAN JUAN CAPISTRANO, a municipal corporation
hereinafter referred to as "CITY" and the COUNTY OF ORANGE,
a division of the State of California, hereinafter referred
to as "COUNTY".
RECITALS
The parties hereto entered into an Agreement dated
May 27, 1975, to provide a portion of the COUNTY general
revenue sharing funds for development of E1 Camino Real Park
(formerly known as Long Park). It is the mutual desire of the
parties hereto to amend said Agreement to provide for an
extension of the term thereof.
WITNESSETH
Paragraph 4 of the Agreement is hereby amended to
read as follows: "For purposes of this Agreement, E1 Camino
Real Park (formerly known as Long Park) shall be completed no
later than June 30, 1977. All funds received under this
contract shall be disbursed or encumbered on or before
June 30, 1977.
IN WITNESS WHEREOF, the parties hereto have executed
this Amendment the day and year first above written.
ATTEST:
JUNE ALEXANDER, Clerk of the
Board of Supervisors of Orange
County, California
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ByQA.i�'l?J
APPROVED AS TO FORM
ADRIAN KUYPER, COUNTY COUNSEL
By
Dated
County of Orange
By
Wed:_�2 4,
City of San Juan Capistrano
A Municipal Corporation
By
MAYOR O HE CITY OF
SAN JUAN CAPISTRANO
ATTEST: Dated: November 3, 1976
CITY CL' K
CITY 00 SAN JUAN CAPISTRANO
APPROVED AS TO FORM
Z
Q- {
Y ATTORNEY
CITY OF SAN JUAN CAPISTRANO
AGREEMENT
TIIIS AGREEMENT made and entered into this 16th day of
April, 1975, by and between the CITY OF SAN JUAN CAPISTRANO, a
municipal corporation, hereinafter referred to as "CITY," and the
COUNTY OF ORANGE, a division of the State of California, herein-
after referred to as "COUNTY."
WITNESSETH:
WHEREAS, COUNTY has agreed to share a portion of its
general revenue sharing funds with CITIES, SERVICE AREAS, and
PARK AND RECREATION DISTRICTS; and,
WHEREAS, CITY has requested that one of these revenue
sharing projects be the development of Long Park for recreational
use; and,
WHEREAS, CITY has a local parks ordinance in effect
similar to the Quimby Act whereby developers donate fees or land
in excess of the standard of 2-1/2 acres of park per 1,000
population; and
WHEREAS, CITY has an adopted element of its General
Plan showing parks and recreation lands and facilities, existing
and proposed.
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL
PROMISES, COVENANTS AND CONDITIONS HEREINAFTER SET FORTH, THE
PARTIES AGREE AS FOLLOWS:
1. Long Park shall be located in San Juan Capistrano
on Camino Capistrano between Oso Road and La Zanja
Street.
2. The parties hereto agree that the cost of develop-
ment for recreational use of the Revenue Sharing
Project will include landscaping, fencing, passive
and active recreational uses, restrooms and picnic
tables at a total project cost of $150,000 and said
costs shall be equally divided between CITY and
COUNTY and the State of California, CITY to pay
over the entire period of the project Thirty -Four
Per Cent (34%) of this cost, or Fifty Thousand
Dollars ($50,000), the State of California shall
pay $50,000 or 33%, which is the CITY'S portion of
the State Park Bond Fund, and COUNTY shall pay
Thirty -Three Per Cent (33%) of this
-1-
cost, not to exceed Fifty Thousand Dollars ($50,000),
or a lesser amount, if CITY's cost of development
after the date of agreement is decreased. CITY shall
be responsible for the cost of acquisition and design
overhead, as well as operation and maintenance; such
costs are not included in joint funding. Payments by
COUNTY, based on actual expenditures, shall be made
upon tender by CITY of invoices and documentation to
COUNTY and approval by the Revenue Sharing Division,
County Administrative Office.
3, CITY's source of funds for its share of project costs
($50,000) shall be Park Dedication in Lieu Fees.
4. For purposes of this Agreement, Long Park shall be
completed no later than December, 1975. All funds
received under this Agreement shall be disbursed or
encumbered on or before December, 1975.
5. CITY shall maintain accounting records and other
evidence pertaining to costs incurred, which records
shall be kept available at CITY's office during the
contract period and thereafter for five (5) years
from the date of final payment of County revenue
sharing funds. Said records shall be made available
to COUNTY for any purpose at any time; and,quarterly
progress reports will be supplied by CITY to the
Revenue Sharing Division, County Administrative Office.
6. CITY agrees that for development projects, planning
and design services, and all other development,
overhead shall not be included in joint funding. CITY
further agrees and acknowledges responsibility for the
design of development projects and that plans and
specifications shall be approved by COUNTY prior to
reimbursement by COUNTY.
7. CITY acknowledges that the funds being provided by
COUNTY are funds received by the County of Orange
pursuant to the State and Local Fiscal Assistance Act
of 1972, Public Law 92-512, and that expenditure of
these funds must be in accordance with said Law and
with regulations issued by agencies of the Federal
Government. CITY further acknowledges that when such
funds are used on any construction project for which
Twenty -Five Per Cent (25%) or more of the costs are paid
out of revenue sharing funds, prevailing wages mast be
paid in accordance with the Davis -Bacon Act, as amended,
-2-
40 U.S.C. 276a=276a-7, and that labor standards as
specified by the Secretary of Labor must be complied with.
CITY agrees that if it is subsequently determined that
said funds were not expended in compliance with the
Federal laws and regulations, CITY will refund to
COUNTY such sums which were improperly expended.
8. No person shall, on the grounds of race, color, national
origin, or sex, be excluded from participation in, be
denied the benefits of, or be subjected to discrimination
under, any program or activity funded in whole or in part
with funds made avilable under this Agreement.
9. CITY agrees the project developed under this program must
be retained for public parks, recreation or open space
purposes in perpetuity, along with a level of operation
and maintenance adequate to insure the maximum utiliza-
tion of the project by the public for recreation purposes
and that the use of the property shall be granted to
all residents of COUNTY on the same conditions that
residents of CITY use the property; and, that if the
property ceases to be used for said purposes, CITY
shall repay to COUNTY at such cessation the sums
contributed by COUNTY hereunder.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement the day and year first above written.
ATTEST:
WILLIAM E. ST JOHN, County Clerk
and ex -officio Clerk of the Board
of Supervisors of Orange County,
California
By Q��)
APPROVED AS TO FORM
ADRIAN JUYPER COUNTY COUNSEL
APPROVED AS TO FORM
CITY ATTORNEY
By
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Dated: J
COUNT OF ORANGE
I �h 4&
City of San Juan Capistrano,
a municipal corporation
By a yr J12 _/7�A _
Mayor
test:—
C7 Clerk
THIS CERTIFIES THAT ..... �.!_:./'r...................................:.
REPRESENTING THE PERSON OR CORPORATION
NAMED HEREIN HAS INFORMED ME THAT THEY
HAVE COMPLIED WITH THE PROVISIONS OF
ORDINANCE 2717 TO WIT:
NOT EMPLOYED AN ADVOCATE
REP ,EMplp`(�1ENT OF ADVOCATE
BY