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1977-1026_CALIF DEPT OF PARKS & RECREATION_AgreementProjeo • State of California —The Resources Agency DEPARTMENT OF PARKS AND RECREATION PROJECT AGREEMENT STATE, URBAN, AND COASTAL PARK BOND ACT OF 1976 1896 Dance Hall 76-30026 Applicant City of San Juan Canf gtrano Project Number Project Performance Period: Date of Execution by Director of State Department of Parks and Recreation to 6/30/A2 Description of Project land purposes for which grant moneys were requested) This project is the rehabilitation of an 1800 -square foot 1896 dance hall for use as a multipurpose recreation facility. Project includes relocation to an adjacent site, restoration of the facade, installation of a new foundation, ceiling, and heating and ventilation system, and some re -wiring and re - plumbing, as required to meet code. 219 Chapter Total State Grant not to exceed $ Statutes of 1977 Item Number 443.8 (248) The General and Special Provisions attached are made a part of and are incorporated into the Agreement. City of San Juan Capistrano Title Date OPR 215 (6/77) STATE OF CALIFORNIA DEPARTMENT OF PARKS AND TION By Date OCT 2 6 19T11� State of California —The Resources Agency DEPARTMENT OF PARKS AND RECREATION CERTIFICATION OF FUNDING CONTRACT NUMBERyy0 ...�..�� Iy� FUND �( S2099MM AM WAML n= � nn of AMOUNT OF THIS ESTIMATE APPROPRIATION �j'MtJ+n+'acv _$37,976WOO UNENCUMBERED BALANCE ITEM��a,,g� CH�APaT�ER STATUTES FISCALYEAR LM � ! " ADJ. INCREASING ENCUM- FUNCTION ` BRANCE - ADJ. DECREASING ENCUM- LINE ITEM ALLOTMENT BRANCE ' - "I Hereby Certify upon my own personal knowledge that budgeted funds T.B.A. NUMBER B.R. NUMBEA, way', are available for this encumbrance. " SIGNA,.TURE OF ACCSOUNJING O�FICER w Da t — � DPR 526 (6/73) STATE, URBAN, AND COASTAL PARK BOND ACT OF 1976 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 State, Urban, and Coastal Park Bond Act of 1976 as amended. 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. B. Project Execution 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 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. If the project includes acquisition of real property, the purchase price shall be the fair market value of such property as established by the Applicant's approved appraisal of such property which has also been approved by State or the amount established as compensation by a nonstipulated final judgment in an eminent domain proceeding. The approved appraisal report (prepared in accordance with Government Code Section 7267 to 7267.7 inclusive) used to establish the fair market value or compensation shall be furnished to State for review and approval. Applicant agrees to furnish State additional supportive appraisal material or justification as may be requested by State. 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. 8. Applicant in acquiring real property, the 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. C. Project Costs The grant moneys to be provided Applicant under this agreement shall be disbursed as follows: If the Project includes acquisition of real property, the State shall 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 will disburse the amount of the State approved purchase price together with State approved costs of acquisition. (1) State may elect to make disbursement for deposit into escrow. b. When acquisition is through proceedings„in eminent domain, State will disburse the amount of the total award as provided for in the final order of condemnation together with State approved costs of acquisition. C. 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 cons. 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 shall 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 90% 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 shall place such moneys in a separate interest bearing account, setting up and identifying such account 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. Gross income that is earned by the Applicant from a State approved non -recreational use on an acquisition project, subsequent to taking title by the Applicant, must be used by the Applicant for recreational purposes at the Project. E. Project Termination 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 case, any amount required to settle at minimum cost any irrevocable obligations properly incurred shall be eligible for reimbursement under this agreement. f • 0 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. F. 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 895.2 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 et 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. 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. Applicant 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. 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. The Applicant shall without cost to State operate and maintain the property acquired or developed pursuant to this agreement in the manner and according to the standards acceptable to State. Nondiscrimination 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.