1986-0630_CALIF DEPT OF PARKS & RECREATION_Project Agreement*Stets of California —The Resources Agency
DEPARTMENT OF PARKS AND RECREATIDA
PROJECT AGREEMENT
CALIFORNIA PARKLANDS ACT OF 1980
APPLICANT City of San Juan Capistrano
PROJECT TITLE Russell Cook Park PROJECT NUMBER 80-30027
PROJECT PERFORMANCE PERIOD Date of Appropriation to June 30 1986
Under the terms and conditions of this agreement, the applicant agrees to complete the project as described in the project
description, and the State of California, acting through its Director of Parks and Recreation pursuant to the California Parklands Act
of 1980, agrees to fund the project up to the total state grant amount indicated.
V—'_/
PROJECT DESCRIPTION:
The City of San Juan Capistrano will develop Russell Cook Park
to include grading, landscaping, irrigation, drainage, two
baseball diamonds, two multi-purpose fields, and bicycle and
equestrian trails.
Total State Grant not to exceed s 82,922
Juan
of Authorized
City Manager
Date 6/2/81
By —
Title City Clerk
Date 6/2/81
The General Provisions attached are made a part
of and are incorporated into the Agreement.
STATE OF CALIFORNIA
DEPARTMENT OF PARKS AND RECREATION
By
Date
CERTIFICATION OF FUNDING
CONTRACT NUMBER 80-0
/`0
1q
AMOUNT OF THIS ESTIMATE
Project No. 80-30027 82,922.00
UNENCUMBERED BALANCE
FUND
PARKLANDS FUND OF 1980
APPROPRIATION
ITEM
,*
ADJ. INCREASING ENCUMBRANCE FUNCT
CHAPTER STATUTES FISCAL YEAR
99 I 198! /99/-92
ADJ. DECREASING ENCUMBRANCEI LINE ITEM ALL(OT�/M'jE�)N(TT
I hereby certify upon my own personal knowledge that budgeted funds
are available for this encumbrance.
_ SIGNATURE OF ACCOUf *
/'ay, -4i Ur 6 I nl'tifn „ . //11
OPR 652 ;11,90)
/ (C)(27S
TBA. No. B.R. No.
DATE
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0 0
CALIFORNIA PARKLANDS ACT OF 1980
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 California Parklands Act of 1980.
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.
8. 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 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
submitted to the State for approval.
2. The Applicant agrees to complete the Project in accordance with the time of project performance set forth on page 1,
and under the terms and conditions of this agreement.
3. If the Project includes development, the development plans and specifications or Force Account Schedule shall be
reviewed and approved by the State.
4. The Applicant shall secure completion of the development work in accordance with the approved development plans
and specifications or Force Account Schedule.
S. The Applicant shall permit periodic site visits by the State to determine if development work is in accordance with the
approved plans and specifications or Force Account Schedule, including a final inspection upon Project completion.
6. All significant deviations from the Project shall be submitted to the 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.
8. Applicant agrees to furnish State preliminary title reports respecting such real property or such other evidence of title
which is determined to be sufficient by State. Applicant agrees in negotiated purchases to correct prior to or at the
close of escrow any defects of title which in the opinion of State might interfere with the operation of the Project. In
condemnation actions such title defects must be eliminated by the final judgment.
C. Project Costs
The Grant moneys to be provided Applicant under this agreement may be disbursed as follows:
If the Project includes acquisition of real property, the State may disburse to Applicant the grant moneys as follows,
but not to exceed in any event the State grant amount set forth on page 1 of this agreement:
a. When acquisition is through negotiated purchase, State may disburse the amount of the State approved purchase
price together with State approved costs of acquisition.
b. When acquisition is through proceedings in eminent domain, State may disburse the amount of the total award
as provided for in the final order of condemnation together with State approved costs of acquisition.
In the event Applicant abandons such eminent domain proceedings, Applicant agrees to bear all costs in
connection therewith and that no grant moneys shall be disbursed for such costs.
OPR 653(11/80) 0 0
2. If the Project includes development, after approval by State of Applicant's plans and specifications or Force Account
Schedule and after completion of the Project or any phase or unit thereof, State may disburse to Applicant upon
receipt and approval by State of a statement of incurred costs from Applicant, the amount of such approved incurred
costs shown on such statement, not to exceed the State grant amount set forth on page 1 of this agreement, or any
remaining portion of such grant amount to the extent of such statement. State may disburse up to 100% of the State
grant amount allocated for development upon 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 amount 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 end of the Project performance period, whichever is earlier.
5. Income earned by the Applicant from a State approved non -recreational use on a grant project shall be used for
recreational purposes at the grant project, or, if approved by the State, for recreational purposes within the Applicants
jurisdiction.
E. Project Termination
1. The Applicant may unilaterally rescind this agreement at any time prior to the commencement of the Project. After
Project commencement this agreement may be rescinded, modified or amended by mutual agreement in writing.
2. Failure by the Applicant to comply with the terms of this agreement or any other agreement under the Act may be
cause for suspension of all obligations of the State hereunder.
3. Failure of the Applicant to comply with the terms of this 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 use, any amount required to settle at minimum cost any irrevocable obligations properly incurred shall be eligible
for reimbursement under this agreement.
4. Because the benefit to be derived by the State, from the full compliance by the Applicant with the terms of this
agreement, is the preservation, protection and net increase in the quantity and quality of beaches, parks, public outdoor
recreation facilities and historical resources available to the people of the State of California and because such benefit
exceeds to an immeasurable and unascertainable extent the amount of money furnished by the State by way of grant
moneys under the terms of this agreement, the Applicant agrees that payment by the Applicant to the State of 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 of this agreement shall be the specific
performance of this agreement.
Hold Harmless
1. Applicant hereby waives all claims and recourse against the State including the right to contribution for loss or damage
to persons or property arising from, growing out of or in any way connected with or incident to this agreement except
claims arising from the concurrent or sole negligence of State, its officers, agents, and employees.
2. Applicant shall indemnify, hold harmless and defend State, its 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 695.2 or otherwise except for liability arising out of the concurrent or sole negligence of
State, its officers, agents, or employees.
3. In the event State is named as codefendant under the provisions of Government Code Section 895 at 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 negligence of 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.
G. Financial Records
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 Applicant may use any generally accepted accounting system.
H. Use of Facilities
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.
Nondiscrimination
1. The Applicant shall not discriminate against any person on the basis of sex, race, color, national origin, age, religion,
ancestry, or physical handicap in the use of any property or facility acquired or developed pursuant to this agreement.
2. The Applicant shall not discriminate against any person on the basis of residence except to the extent that reasonable
differences in admission or other fees may be maintained on the basis of residence and pursuant to law.
3. All facilities shall be open to members of the public generally, except as noted under the special provisions of this
project agreement.