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1976-0525_ORANGE , COUNTY OF_AgreementR AGWA MENT S _ C ed c %oaf Sly THIS AGREIMENT made and entered into this 5th day of May, 197h, by and between the CITY OF SAN JUAN CAPISTRANO, a municipal coropration, hereinafter referred to as "CITY", and the COUNTY OF ORANGE, a division of the State of California, hereinafter refored to as "COUN'T'Y". WITNESSETH: WHEREAS, COUNTY has agreed to share a portion of its general revenue sharing funds with CITIES, SERVICE AREAS, and PARK AND RECREATION DISTRICTS: and, WHEREAS, CITY has requested that one of these revenue sharing projects be the development of San Juan Creek Rest Stop for recreational use; and, WHEREAS, San Juan Creek Rest Stop is a recreational facility serving San Juan Capistrano and an arterial bikeway facility serving the communities in Southern Orange County and eventually all of Orange County; and WHEREAS, CITY has a local parks ordinance in effect similar to the Quimby Act whereby developers donate fees or land in excess of the standard of 2-z acres of park per 1,000 population; and, WHEREAS, CITY has an adopted element of its General Plan showing parks and recreation lands and facilities, existing and proposed. NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES, COVENANTS AND CONDITIONS HEREINAFTER SET FORTH, THE PARTIES AGREE AS FOLLOWS: 1. San Juan Creek Rest Stop shall be located in San Juan Capistrano at the junction of San Juan Creek and Trabuco Creek. 2. The parties hereto agree that the cost of development for recreational use of the Revenue Sharing Project will include landscaping, fencing, passive and active recreational uses, restrooms and a corral at a total project cost of $50,000 and said costs shall be divided between CITY and COUNTY, CITY to pay over the entire period of the project Fifty Per Cent (50%) of this cost, or "Twenty -Five Thousand Dollars ($25,000), and COUN'T'Y shall pay Fifty Per Cent (501) of this cost, not to exceed Twenty-five 'Thousand Dollars ($25,000), or a lesser amount, if CITY 's cost of development after the date of agreement is decreased. CITY shall be -1- responsible for the cost of acquisitil and design overhead, as well as operation and maintenance; such costs are not included in joint funding. Payments by COUNTY, based on actual expenditures, shall be made upon tender by CITY of invoices and documentation to COUNTY and approval of the Revenue Sharing Division, County Administrative Office. 3. CITY's source of funds for its share of project costs ($30,000) shall be Park Dedication in Lieu Pees. 4. For purposes of this Agreement, San Juan Creek Rest Stop shall be completed no later than March 31, 1977. All funds received under this Agreement shall be disbursed or encumbered on or before March 31, 1977. 5. CITY shall maintain accounting records and other evidence pertaining to costs incurred, which records shall be kept available at CITY's office during the contract period and thereafter for five (5) years from the date of final payment of County revenue sharing funds. Said records shall be made available to COUNTY for any purpose at any time; and, quarter- ly progress reports will be supplied by CITY to the Revenue Sharing Division, County Administrative Office. 6. CITY agrees that for development projects, planning and design services, and all other development,.overhead shall not be included in joint funding. CITY further agrees and acknowledges responsibility for the design of development projects and that plans and specifications shall be approved by COUNTY prior to reimbursement by COUNTY. 7. CITY acknowledges that the funds being provided by COUNTY are funds received by the County of Orange pursuant to the State and Local Fiscal Assistance Act of 1972, Public Law 92-512, and that expenditure of these funds must be in accordance with said Law and with regulations issued by agencies of the Federal Government. CITY further acknowledges that when such funds are.used on any construction project for which Twenty --Five Per Cent (251) or more of the costs are -2- . 0 • paid out of revenue sharing funds, prevailing wages must be paid in accordance with the David -Bacon Act, as amended, 40 U.S.C. 276a -276a-7, and that labor standards as specified by the Secretary of Labor must be complied with. CITY agrees that if it is subsequently determined that said funds were not expended in compliance with the Federal laws and regu- lations, CITY will refund to COUNTY such sums which were improperly expended. 8. No person shall, on the grounds of race, color, national origin, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination tinder, any program or activity funded in whole or in part with funds made available tinder this Agreement. 9. CITY agrees the project developed under this program must be retained for public parks, recreation or open space purposes in perpetuity, along with a level of operation and maintenance adequate to insure the maximum utilization of the project by the public for recreational purposes and that the use of the property shall be granted to all residents of COUNTY on the same conditions that residents of CITY use the property; and, that if the property ceases to be used for said purposes, CITY shall repay to COUNTY at such cessation the sums con- tributed by COUNTY hereunder. IN WITNESS MIEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTEST: WILLIAM F. ST JOIN, County Clerk and ex -officio Clerk of the Board of Supervisors of Orange County, California BY Q"�n_t, DEP 1TY APPROVED AS TO FORM ADRIAN HYPER COUNTY COUNSEL By APPROVED AS TO FORM CITY ATTORNEY BY -•--t�� -3- Dated a S / �/ 7 6 i COUNTY OF ORANGE By-�a, 4" �AA� City of San ��n��Cnpistrano a municipal corporation BY 4Z!m6L4 / GGfwi✓ TI FST: City,(: ext THIS CERTIFIES THA/.........../v.........� ....� REPRESENTING THE PERSON OR CORPORATION NAMED HEREIN HAS !h6°.:!: \t_D ME THAT THEY HAVE CGM'JLD ViITI-i i,.E PROVISIONS OF ORDINAd=E ::lli .0 `:SIT: 0 NOT E,'.'. LOYED AN ADVOCATE REPORTP EMPL YME T OF ADVOCATE r 0 6 MINUTES OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA May 25, 1976 IN RE: AGREEMENT PARKS, RECREATION AND OPEN SPACE SAN JUAN CREEK REST STOP CITY OF SAN JUAN CAPISTRA.^IO On motion of Supervisor Diedrich, duly seconded and unanimously carried by Board members present, the Chairman and the Clerk are authorized to sign the agreement dated May 25, 1976, between the County of Orange and the City of San Juan Capistrano for the development of the San Juan Creek Rest Stop (1221 -310 -597 -PA), as recommended by the County Administrative Officer in his letter dated May 18, 1976. IN RE: AMENDMENT TO AGREEMENT ORANGE COUNTY MEDICAL CENTER THE REGENTS OF THE UNIVERSITY OF CALIFORNIA On motion of Supervisor Diedrich, duly seconded and unanimously carried by Board members present, the Chairman and the Clerk are authorized to sign the amendment dated May 25, 1976, to the agreement of affiliation dated July 23, 1968, as amended January 11, 1972, and July 1, 1975, between the County of Orange and The Regents of the University of California, providing a method of covering the County's liability for the house staff of interns and resident physicians for the period of July 1, 1975 through June 30, 1976, as recommended by the Orange County Medical Center Administrator in his letter dated May 14, 1976. IN RE: AGREEMENT ARTERIAL HIGIWAY FINANCING PROGRAM PROJECT NO. 799 LA VETA AVENUE CITY OF ORANGE On motion of Supervisor Diedrich, duly seconded and unanimously carried by Board members present, the Chairman and the Clerk are authorized to sign the Arterial Highway Financing Program Agreement dated May 25, 1976, between the County of Orange and the City of Orange for the improvement of La Veta Avenue, between Flower Street and Main Street, Project No. 799. F 1013-2 2 0 0 AGREEMENT THIS AGREEMENT made and entered into this 5th day of May, 1976, by and between the CITY OF SAN JUAN CAPISTRANO, a munieipal coropration, ' hereinafter referred to as "CITY", and the COUNTY OF ORANGE, a division of the State of California, hereinafter refered to as "COUNTY". WITNESSETH: WHEREAS, COUNTY has agreed to share a portion of its general revenue sharing funds with CITIES, SERVICE AREAS, and PARK AND RECREATION DISTRICTS: and, WHEREAS, CITY has requested that one of these revenue sharing projects be the development of San Juan Creek Rest Stop for recreational use; and, WHEREAS, San Juan Creek Rest Stop is a recreational facility serving San Juan Capistrano and an arterial bikeway facility serving the communities in Southern Orange County and eventually all of Orange County; and WHEREAS, CITY has a local parks ordinance in effect similar to the Quimby Act whereby developers donate fees or land in excess of the standard of 2-'l acres of park per 1,000 population; and, WHEREAS, CITY has an adopted element of its General Plan showing parks and recreation lands and facilities, existing and proposed. NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES, COVENANTS AND CONDITIONS HEREINAFTER SET FORTH. THE PARTIES AGREE AS FOLLOWS: 1. San Juan Creek Rest Stop shall be located in San Juan Capistrano at the junction of San Juan Creek and Trabuco Creek. 2. The parties hereto agree that the cost of development for recreational use of the Revenue Sharing Project will include landscaping, fencing, passive and active recreational uses, restrooms and a corral at a total project cost of $50,000 and said costs shall be divided between CITY and COUNTY, CITY to pay over the entire period of the project Fifty Per Cent (500) of this cost, or Twenty -Five Thousand Dollars ($25,000), and COUNTY shall pay Fifty Per Cent (50%) of this cost, not to exceed Iwenty-five Thousand Dollars ($25,000), or a lesser amount, if CITY's cost of development after the date of agreement is decreased. CITY shall be responsible for the cost of acquisition and design overhead, as well as operation and maintenance; such costs are not included in joint funding. Payments by COUNTY, based on actual expenditures, shall be made upon tender by CITY of invoices and documentation to COUNTY and approval of the Revenue Sharing Division, County Administrative Office. 3. CITY's source of funds for its share of project costs ($30,000) shall be Park Dedication in Lieu Fees. 4. For purposes of this Agreement, San Juan Creek Rest Stop shall be completed no later than March 31, 1977. All funds received under this Agreement shall be disbursed or encumbered on or before March 31, 1977. S. CITY shall maintain accounting records and other evidence pertaining to costs incurred, which records shall be kept available at CITY's office during the contract period and thereafter for five (5) years from the date of final payment of County revenue sharing funds. Said records shall be made available to COUNTY for any purpose at any time; and, quarter- ly progress reports will be supplied by CITY to the Revenue Sharing Division, County Administrative Office. 6. CITY agrees that for development projects, planning and design services, and all other development, overhead shall not be included in joint funding. CITY further agrees and acknowledges responsibility for the design of development projects and that plans and specifications shall be approved by COUNTY prior to reimbursement by COUNTY. 7. CITY acknowledges that the funds being provided by COUNTY are funds received by the County of Orange pursuant to the State and Local Fiscal Assistance Act of 1972, Public Law 92-512, and that expenditure of these funds must be in accordance with said Law and with regulations issued by agencies of the Federal Government. CITY further acknowledges that when such funds are used on any construction project for which Twenty -Five Per Cent (25%) or more of the costs are 2- 0 0 paid out of revenue sharing funds, prevailing wages must be paid in accordance with the David.Racon Act, as amended, 40 U.S.C. 276a -276a-7, and that labor standards as specified by the Secretary of Labor must be complied with. CITY agrees that if it is subsequently determined that said funds were not expended in compliance with the Federal laws and regu- lations, CITY will refund to COUNTY such sums which were improperly expended. 8. No person shall, on the grounds of race, color, national origin, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity funded in whole or in part with funds made available under this Agreement. 9. CITY agrees the project developed under this program must be retained for public parks, recreation or open space purposes in perpetuity, along with a level of operation and maintenance adequate to insure the maximum utilization of the project by the public for recreational purposes and that the use of the property shall be granted to all residents of COUNTY on the same conditions that residents of CITY use the property; and, that if the property ceases to be used for said purposes, CITY shall repay to COUNTY at such cessation the sums con- tributed by COUNTY,hereunder. IN WITNESS WHEREOF, the parties hereto.have executed this Agreement the day and year first above written. ATTEST: WILLI f E. ST JOHN, County Clerk and ex -officio Clerk of the Board Dated: of Supervisors of Orange County, California COUNTY OF ORANGE .APPROVED AS TO FORM ADRIAN JUYPER COUNTY COUNSEL APPROVED AS TO FORM CITY ATTORNEY By -3- City of San Juan Capistrano a municipal corporation By Mayor ATTEST: City Clerk it } 7 /00 PASF,O AO IAN rO' 1 R SAN tAlN01ST N A NO, CMJF6RM7 92673 v 69� �o HON1; �1 • � fEe 9 CITY OF SAN JUAN February 3, 1977• CAPISTRANO J. Wylie Carlyle, Recorder County of Orange P.O. Box 233 Santa Ana, California 92702 Re: NOTICE OF COMPLETION - DESCANSO PARK Dear Mr. Carlyle: The following document(s) is enclosed for recordation: 1. Notice of Completion - Construction of Descanso Park (San Juan Creek Rest Stop) When placed of record, please return said document(s) to this office. Enclosed also is a duplicate copy of this letter. Please stamp Book and Page Numbers and date of recording on the letter and return it to this office in the enclosed stamped, self-addressed envelope at your earliest convenience. Thank you for your cooperation. Very truly yours, %(Mrs.) bTary Ann 11inover • City Clerk MALI/bab Enclosures QO-C., �lyy�• J3 k