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