1985-0812_CALIF DEPT OF PARKS & RECREATION_Project AgreementState of California — The eaoureas Agan
DEPARTMENT OF PARKS AND RECREA _
PROJECT AGREEMENT
CALIFORNIA PARK AND RECREATIONAL FACILITIES ACT OF 1984
APPLICANT City of San Juan Capistrano
PROJECT TITLE
Cook Park
PROJECT NUMBER 84-R-30011
PROJECT PERFORMANCE PERIOD Date of Appropriation to June 30,19 90
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 Park and
Recreational Facilities Act of 1984, agrees to fund the project up to the total state grant amount indicated.
PROJECT DESCRIPTION:
Development of soccer fields and related improvements at Cook Park.
Total State Grant not to exceed $ 50,000
Citv of-2San
By
Applicant
Sign of
Authorized resentative
Tale City Manager
Date
By
Title
Date
The General Provisions attached are made a part
of and are incorporated into the Agreement.
STATE OF CALIFORNIA
DEPARTMENT OF PARKS AND RECREATION
CERTIFICATION OF FUNDING
CONTRACT NUMBER /'
FUND PARKLANDS FUND OF 1984
PROJECT NO.
AMOUNT OF THIS ESTIMATE
APPROPRIATION
84-R-30011
$50,000.00
UNENCUMBERED BALANCE
I ITEM
-Y7Q0- Ca-)(
CHAPTER
STATUTES
I FISCAL YEAR
$
101-722 is)
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1985
1985-86
ADJ. INCREASING ENCUMBRANCE
FUNUI IUN
ADJ. DECREASING ENCU BRANC
LINE ITEM ALLT
$
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1 hereby certify upon my own personal knowledge that budgeted funds
T.B.A. No.
B.R. No.
are available for this encumbrance.
SIGNATURE OF ACCOUNTING OFFICE
DATE
p
DPR 736 (3/85)
A. Definitions
B.
C.
a
E
CALIFORNIA PARK & RECREATIONAL FACILITIES ACT OF 1984
Project Agreement
Special Provisions
General Provisions
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 Park & Recreational Facilities Act of 1984.
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.
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. 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.
5. 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.
Project Costs
The Grant moneys to be provided Applicant under this agreement may be disbursed as follows:
State may disburse up to 10% of the State grant amount set forth on page 1
the agreement.
State may disburse up to 100% of the State grant amount setforth on pag
approval by State of Applicant's plans and specifications or Force Account Schr
After approval by State of Applicant's plans and specifications or Force Accou
Project or any phase or unit thereof, State may disburse to Applicant upon rete
of incurred costs from Applicant the amount of such approved incurred costs
the State grant amount set forth on page 1 of this agreement, or any remain!
extent of such statement.
The statements to be submitted by Applicant shall set forth in detail the incurs
or to be performed on development of the Project and whether performance
force account. Statements shall not be submitted more frequently than ninety
by State.
Modifications of the development plan and schedule must be approved by St:
approved plan and schedule unless previously authorized by the State.
Project Administration
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.
DPR 737 (3/85)
2. Property and facilities 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 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. Income earned by the Applicant from a State approved non -recreational use on a grant project shall be used for recre-
ational purposes at the grant project, or, if approved by the State, for recreational purposes within the Applicant's
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 obliga-
tions 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 agree-
ment, 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 State
Law 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, 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 Appli-
cant, 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
1. 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.
H. Use of Facilities
1. 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.
I. 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.
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