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1984-0521_CALIF DEPT OF PARKS & RECREATION_Grant AgreementState of California — The Resources Agency ARTMENT OF PARKS 6 RECREATION GRANT AGREEMENT URBAN OPEN -SPACE AND RECREATION PROGRAM APPLICANT City of San Juan Capistrano PROJECT NUMBER PROJECT TITLE Serra/Cook Parks BE 30-814 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 Roberti-Z'berg Urban Open Space and Recreation Program Act, (Public Resources Code Section 5620 ft) agrees to fund the projectls) up to the total state grant amount indicated. PROJECT DESCRIPTION: (indicate acquisition or development) Acquisition and/or development of land and/or facilities for recreational purposes at Junipero Serra and Cook Parks. Work performance under this agreement shall be completed by 6-30-88. Total State Grant (not to exceed the grant entitlement nor to exceed 75 percent of Project cost) $1,110 City of San Juan Capistrano Applicant The General Provisions attached are made a part By of and are incorporated into the Agreement. ignature o Authorized Rep sentative Title City Manager Date STATE OF CALIFORNIA BY DEPARTM OF PAR AND REATION or Title Y Date Date CONTRACT NUMBER I�riasin DPR 633 (12/80) CERTIFICATION OF FUNDING FUND I Energy and Resources Fund AMOUNT OF THIS ESTIMATE APPROPRIATION $ 1,110.00 URBAN GRANTS UNENCUMBERED BALANCE ITEM CHAPTER STATUTES FISCAL YEAR 1 324 1983 1983-84 ADJ. INCREASING ENCUMBRANCE FUNCTION Js * 3790-101-190 (a) DJ: DECREASING ENCUMBRANCE ILINE ITEM ALLOTMENT I Hereby Certify upon my own personal knowledge that budgeted funds T.B.A. No. B.R. No. are available for this encumbrance. /� SIGNATUREO ,ytCA/ii1OCOUNTIT�F1 Date fZ/M1�iJ 0 0 ROBERTI-Z'SERG URBAN OPEN -SPACE AND RECREATION PROGRAM ACT 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 Roberti-Z'berg Urban Open -Space and Recreation Program Act. 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. e. 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 at set forth in the Description of Project on page 1 and under the terms and conditions set forth in this agreement. Applicant agrees to furnish twenty-five 1261 percent of the total cost of the Project and 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 fila with the State must be submitted to the State for approval. 2. Applicant shall secure completion of the development work in accordance with the Description of Project on page 1 and under the terms and conditions of this agreement. 3. Applicant shall permit periodic site visits by the State to determine if development work is in accordance with the Description of Project on page 1 and under the terms and conditions of this agreement including a final inspection upon Project completion. 4. All significant deviations from the Project shall be submitted to the State for prior approval. 5. 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. Applicant agrees to furnish upon request by 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 condemnationactions such title defects must be eliminated by the final judgment. 6. If the project includes development, they Applicant agrees to furnish the State a bid package or force account information, whichever is applicable, upon request by the State. C. Project Performance Period Applicant agrees to complete the project under the terms and conditions of this agreement. 2. Applicant may not take title to land or begin on -sin construction until Project Performance Period begins. 3. The Project Performance Period shall begin upon Legislative appropriation of grant funds or upon date of certification by applicant's attorney, whichever is later. DPR 601 (Rev. 6/81) (over) 4. Grant moneys shall be encumbered by the recipient of such moneys within three years of the date of approval by the Director of the California Department of Parks and Recreation of the application for such moneys. Any part of grant moneys not encumbered within the three-year period shall revert to the State. The date of application approval is the date the Director or his authorized representative signs this agreement. D. Project Costs Up to ninety (90) percent of the total State grant amount for the Block grant or Need Basis grant to be provided the Applicant under this agreement shall be disbursed as follows: Upon the State's execution of this agreement and submission of a Payment request by the Applicant. 2. Upon notification of completion of the Block grant or Need Basis grant project as described in the agreement or as modified and agreed to by the State. State may perform a project completion inspection and may perform a final audit. Upon audit approval, the State will reimburse the Applicant for the remaining ten (10) percent of the total Block grant or Need Basis grant to the extent of seventy-five (75) percent of the allowable costs. (Public Resources Code 5625.) E. Project Administration I . Applicant shall promptly submit annual reports to the State. The Applicant shall also provide the State a report showing total final project expenditures. (Public Resources Code 5625.) 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. (Public Resources Code 5626(a).) 4. If grant moneys are advanced, the Applicant should 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. S. Gross income that is earned by the Applicant from a stat"pproved, non -recreation use on an acquisition project, subsequent to the Applicant's taking title, must be wed by the Applicant for recreation purposes at the Project. F. Project Termination f. Applicant may unilaterally rescind this agreement at any time prior to the expenditure of grant funds. After expenditure of grant funds, this agreement may be rescinded, modified or amended only 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 cava 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. 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 parks and public recreation facilities 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 breech by the Applicant of this agreement. The Applicant further agrees, therefore, that the appropriate remedy in the event of a breach by the Applicant shall be the substitution of a project agreed upon by both the Applicant and the State to be completed within a period of time as established by the State. S. If the project includes development, final payment may not be made until the project conforms substantially with this agreement and is a useable public recreation facility. G. Hold Harmless The 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 the State, its officers, agents, and employees. 0 0 2. The Applicant shall indemnify, hold harmless and defend the 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 Coda Section 895.2 or otherwise, except for liability arising out of the concurrent or sole negligence of the State, its officers, agents, or employees. 3. In the event the State is named as codefendant under the provisions of Government Code Section 895 at seq., the Applicant shall notify the State of such fact and shall represent the State in the legal action unless the State undertakes to represent itself as codefendant in such legal action; in which event the State shall bear its own litigation costs, expenses, and attorney's fen. 4. In the event of judment entered against the State and Applicant because of the concurrent negligence of the 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. S. The Applicant shall indemnify, hold harmless and defend the State, its officers, agents and employees against any and all claims, demands, costs, expenses or liability costs arising out of legal actions pursuant to items to which the Applicant has certified. Applicant acknowledges that it is solely responsible for compliance with items to which it has certified. H. 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. The Applicant shall maintain and make available for inspection by the State accurate records of all of Its costs, disbursements and receipts with respect to its activities undr 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. (Public Resources Code 5626(a).) 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 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.