HomeMy WebLinkAboutContracts & Agreements_9-1975_CCv0001.pdf STATE OF GAS IF ORI'VIA
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Department of Parks and Recreation
PROJECT AGi EEN1xEN7
STATE BEACH,PAI';K,RECPEATIONAL AND HISTORICAL FACILITIES
BOND ACT of 1974
Project Title Prospect Park
Project Nurnber 6_!{O}10
Project PerformancePeriod-- Date of 4prOy2l to .dune 30, 1977
Description of Project{and purposes for which grant moneys were requested}
This project involves the first phase of a three--phase, long-range program to
bring the 36 acre Prospect Park into maximum utility in accord with the master
plan. The project includes site preparation, main water, sewer, and electrical
systems, irrigation of an 11-acre citrus preserve, a Shakespeare Center, and
two small parking lots to enhance the Shakespeare Center area. This project is
adjacent to Cajon Street, in the City of Redlands, San Bernardino County,
California. The above work is for the first stage only. This land is owned
outright by the City of Redlands.
Budget Act of 1914 as amendedb_y�_ Item Number 412A(242
Ch. 1522 Statutes of 1974
1. Allocated for acquisition __
2. Allocated for development 8110,987
Total State Grant not to exceed$__110, 87
The General and Special Provisions attached are made a part of and are incorporated into this Agreement.
C�_of Redlands
Applicant
r,
Er
R. P. v M-e-rr_:�t tp .
Title Citv Manaq r
Date Mar 14, 1975 STATE OF CALIFORNIA
DEPARTMENT OF PARKS AND RECREATION
By
Title By
Date
1
DPR 463 (9174)
STATE BEACH,PARK, RECREATIOINAL AND HISTORICAL FACILMES BOND ACT OF 1974
Project Agreement
Soo oecial
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 Beach,Park, Recreational and Historical Facilities Bond Act of 1974
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 I of this agreement.
B. 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 this SUrn be
expended in carrying Out the purposes as set 'north in the Description of Project on none 1 and under the terms and
conriitinrts Set fr,rth in this?nreprne ot.
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 prior to disbursement of grant moneys,
2. The Applicant agrees to execute and 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 tine
State before construction is commenced,
4. The Applicant shall secure completion of the development work in accordance with the approved development
plans and specifications,
5. The Applicant shall permit periodic site visits by the State to deterrnine if deveiopment work is in accorddarn--p with
the approved plans and specifications including a final inspection upon Project completion,
6. All significant deviations from the Project shalt be submitted to the State for prior approval,
7. If the Project includes acquisition of real property, the purchase price for such real property shall be determined
from a State approved appraisal report prepared by a competent appraiser or through proceedings in eminent
domain.The appraisal report and qualifications of such appraiser shall be submitted for review and approval by the
State before initiation of the acqusition procedure.
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 aareLs in negotiated purchases to correct prior to or at
the close of escrow any detests 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,
& Applicant in acquiring real property,the cost of which is to be reirnbursed with grant moneys under this agree-merit,
shall comply with Chapter 163 (commencing vvith 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,
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C. Project Costs
The grant moneys to be provided A pi,I icarit un,e; th,s—',neenlnt shalt tic a,f6HOws:
1 If the Project mciudes acoi.siz;on of real the State shall cl;slurse to Appilcart the grant moneys as
follows, but not to exceed in ,ny evern the rnolinl aliocated for acquisition as set forth or-; J
this agreement:
a- When acquisition is through r)-qoia-r�dl riurcha;p upon close of trs--rovv,Strte vvili disburse the amount of the
State approved purchase price together vvith State approved costs of acquisition,
b. When acquisition is through proceedings in eminent domain, State will disburse the amount of al,e total
award as provided for in the final order of cc ridert-,nation together with State approved costs of acquisition,
c. In the event Applicant abandons such rtminent domain proceedings, Applicant agrees to bear all costs in
connection therewith and that no grant moneys shall be disbursed for such costs,
2. If the Project includes development,after approval by State of Applicant's plans and specifications end after
completion of the Project or any phase or unit thereof, State shat:disburse toAnplicant upon receipt and rperovai
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 allocated for development, as set forth on page 1 of this
agreement, or any remaining portion or such grant amount to the extent of such statement.State may disburse up
to 90%of the State grant amount allocated for development as shown on page 1 of this agreement, upon receipt
and approval by State of a statement of estimated costs from Applicant. All moneys advanced toApphrant shall
remain property Of State until expended for project purposes.
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.
D. Project Administration
1 The Applicant shall promptly submit such reports as the State may request.
In any event Applicant shall provide Ctate, a report showing total final Project expenditures including State and all
other moneys expended vjithin sixty (60)days after completion of Protect.
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 Prcjest
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 money-,advanced pursuant to, th.s
agreement shall be paid to State. If grant moneys are advanced and not expended,the unused portion of the grant
shall be returned to the State within 60 clays of cornp;Stion of the Fro pct or end of the Protect 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 bT,, the Applicant,must be used by the Applicant for recreational purposes at the Project.
E. Project Termination
1. The Applicant may unilaterally rescind this agreement at any tante prior to the commencement of the Project.After
Project commencemerif lh's agreennc-o niay be rescincied, modified or amended Dy mutual agreement in writmg.A
project shall be deerrind comi-nenced ,it en the Applicant mages any expenonore, receives an advance of grant
moneys or incurs any ob"'garion with respect',o the project,
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 obfiganon,,of'he State hereunder,
3. Failure of the Applicant to comply with the terms of this 3greement 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 rnininnim. cost any irrevocable obligations property incurred shall be
eligible for reimbursement under*his agreement.
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4, Because the benefit to ba dcnv.d by the Saute, horn the ft;h cor,)pt:mice by the Applicant wind the t€r-> ,f il
agreement, is the preseivatron, protection and =Iet iflJSL in th� rT!,31-,WY ant "mality of beaches,
outdoor recreation facilitt."s and historical resources available to the peopie of the State of California and
such benefit exceeds lo an ir-nea2lircle wui una�cr-tui n-A)10 eylerlt tl-c ar-,!Ount Of nlon4y furnished 1--v
by way of giant n;oneys ttie t,lrars of in<s the/? tel ant a(pees that payment by 1hf-
the State of an amount equa; to ti a aroc)�Ini of t[leg€ int of eys d-;-q
m ) )urs d under this agreement by the S
be inadequate comoens3,ir,-) to the State for any hre-ich f�y the Apphca-,t of this agreement.The Ariollicsl T f-
agrees therefore, that v--e app(3pnate re-nedy m t'le evcnf of a breach by the Applicant of this
the specific performance of th E iqree-.-ent.
F. Hold Harmless
1, Applicant hereby waives all claims and recourse against the State including the right to contribution for s 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 harn-fless and defend State, its officers, agents and employees against any ind a�!
claims, demands, damages, costs, expenses or liability costs arising out of the acquisition, devcloll�n- -r
enT,
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construction, operation or maintenance of the property described as the Project which claims,demands or ),
action arise under Government Code Section 8952 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 codefendent under the provisions of Government Code Section 895 et, seq., the
Applicant shall notify State of such fact and shall represen, State in the legal action unless State undertakes to
represent itself as codefendent 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 bay 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 tin-)es.Such accounts,documents and records shall be retained
by theApplicant for three years following project tei rnination 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 provided such system meets the tri;nirnum
requirements as may be established by State.
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 permits td
except by specific act of the Legislature,
2. 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.
L Nondiscrimination
1, The Applicant shall not discriminate against any person on the basis of sex,race,color,or national origin in the use
of any property or facility ac-lu ired or developed pursuant to this agreement.
2. The Applicant shelf not discriminate against any person on the basis of residence except to the excrInt teat
reasonable differences in admission or other fees may be maintained on the basis of residence and pursuant to lavv.
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