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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 % 3_ 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.