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��
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Dated a S / �/ 7 6
i
COUNTY OF ORANGE
By-�a, 4"
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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
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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
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SAN tAlN01ST N A NO, CMJF6RM7 92673 v
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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�•
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