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1980-0129_ORANGE, COUNTY OF_Agreement1 !' 21 3 4 5 6� 7I rJ 9I 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9 AG.R E EiiENT E This agreement, dated for purncses of identification this,y?yj day of 1960 by and between the CITY OF SAN JUAN CAPISTRANO, a chartered municipal corporation, hereinafter referred to as "CITY" and the COUNTY OF ORANGE, a division of the State of California, hereinafter referred to as "COUNTY" WITNESSETH 14HEREAS, COUNTY has agreed to share a. portion of its general revenue sharing funds with CITIES, SERVICE AREAS AND PARK AND RECREATION DISTRICTS; and IJHEREAS, CITY has requested that one of these revenue sharing projects be the renovation of Harrison House for recreational use; and I!HEREAS, Harrison House will be a recreational facility serving CITY and all surrounding areas; WHEREAS, CITY has a local parks ordinance in effect similar to the Quimby Act wherehy developers donate fees or land in ratio to 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 recreatio, 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. Harrison House shall be located at 27832 Ortega Highway. 2. The parties hereto agree that the cost of development for recreatinal use of the Revenue Sharing Project will include rehabilitation and repair of Harrison House for use as an office and cultural center for the Capistrano. Indian Council of Orange County divided between the CITY and the COUNTY, the CITY to pay over the entire period of the project fifty percent (502) of this cost; or ten thousand dollars ($10,000), and the COUNTY shall pay fifty percent (500 of this cost, not to exceed ten thousand dollars ($10,000), or a lesser amount, if thy C:ITY's cost of development after the date of 1 2 3 41 5i 6 71 8 9� 10 11 12 13 14 15 16 17 18 19 20 21 22 23 I 24 25: 261 I til c agreement is decreased. Payments by the COUNTY, based on actual expenditures, shall be made upon tender by CITY of invoices and documentation to COUNTY and approval by the County Administrative Office, Revenue Sharing Office. 3. For purpose of this agreement the renovation of Harrison House shall be complete no later than September 1, 1980. 4. CITY shall maintain accounting records and other evidences pertaining to costs incurred which records shall be kept available at the CITY's office during the agreemer period and thereafter for six (6) years from the date of final payment of COUNTY revenu sharing funds and shall make said records available to the COUNTY for any purpose at any time. CITY shall furnish to COUNTY reasonable clerical assistance upon request of County's Auditor or County Administrative Office, Revenue Sharing Office. CITY shall furnish to COUNTY copies of records referred to herein upon request of County's Auditor or County Administrative Office, Revenue Sharing Office. 5. CITY agrees that the cost of acquisition, operation and maintenance, planning and design services, design overhead, and developmental overhead shall not be included in joint funding. CITY further agrees and acknowledges responsibility for the design c development projects and that plans and specifications shall be approved by the COUNTY prior to reimbursement by the COUNTY. 6. 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, as amended in 1976, Public Late 92-512, and that expenditure of these funds must be in accordance with said law and 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 percent (255) or more of the costs are paid out of revenue sharing funds, prevailing wages must be paid in accordance with the Davis -Bacon Act, as amender 40 U.S.C. 2760-270-7, 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 lacus and regulations, CITY will -2- 1 �I2 3 4� 51 6 7 8' 9' 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2.8 E refund COUNTY such sums which were improperly expended. 7. .CITY shall idemnif_v, hold harmless and defend COUNTY, its officers and employees from any and all claims, demands, loss, liability, injury, death, suits, or judgments arising out of or alleged to arise out of or in consequence of this agreement. Trans- mittal to CITY by COUNTY of any pleadings served shall be deemed a request to defend. 8. No persons 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 dis- crimination under any program or activity funded in whole or in part with funds made available under the agreement. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 or with respect to an otherwise qualified handicapped individual, as provided in Section 504 of the Rehabilitation Act of 1973, shall also apply to any such program or activity. Any prohibition against discrimina- tion on the basis of religion, or any exemption from such prohibition, as provided in the Civil Rights Act of 1964, or Title VIII of the Civil Rights Act of 1968, shall also apply to any such program or activity. 9. CITY agrees the project developed under this program must be retained for public parks, recreation or open space purposes until September 1,1980, along with a level of operation and maintenance adequate to insure the maximum utilization 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 condition that residents of CITY use the property and that if the property ceases to be used for said purpose CITY shall repay to COUNTY at such cessation the sums contributed by COUNTY hereunder. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the date(s) smitten below: -3- 1 2 3' 4 5 I 6 7' 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27� 28 I Dated: fig__, I9$p SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD. JUNE ALEXANDER Clerk of the Board of Supervisors of Orange County, California APPROVED AS TO FORM: ADRIAN KUYPER, COUNSEL YB ` oward Serbin, Deputy, Dated: ���'��5� %�� Dated: December 19 197 9 ATTEST: I City Clerk APPROVED AS TO FORM: By, '�" "`� �t< �- City Attorney Dated: December 19, 1979 C n n -4- COUNTY OF RANGE BY- 4a, y_ pervisors CITY OF SAN JUAN CAPISTRANO a municipal corporation By�——=--�s _ KENNETH E. FRIESS, MAYOR