HomeMy WebLinkAboutCALIFORNIA DEPARTMENT OF PARK AND RECREATION (2)INSURANCE NOT REQUIRED
WORK MAY PROCEED
N
CLERK OF COUNCIL.
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RECORDING REQUESTED BY:
California Department of Parks and Recreation
r-
Office of Grants and Local Services
0
WHEN RECORDED MAIL TO:
Office of Grants and Local Services
PO Box 942896
Sacramento, CA 94296-0001
Attn: Melinda Steinert
u. �1"l•sr 1 �SIlV10.�.1M y01S J�l��'F19')
N-2019-290
SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE
DEED RESTRICTION
I. WHEREAS, City of Santa Ana (hereinafter referred to as
"Owner(s)" is/are recorded owner(s) of the real property located at 423 S. Raitt Street and 415 S. Raitt
Street, Santa Ana, California 92703, described in Exhibit A, attached and incorporated herein by
reference (hereinafter referred to as the "Property"); and
H. WHEREAS, the California Department of Parks and Recreation (hereinafter referred to
as "DPW") is a public agency created and existing under the authority of section 5001 of the California
Public Resources Code (hereinafter referred to as the "PRC"). And
III. WHEREAS, Owner(s) (or Grantee) apphed to DPR for grant funds available pursuant to
the 2018 Parks Bond Act, Statewide Park Development and Community Revitalization Program for a
project to create the new Raitt and Myrtle Park by constructing new open space, tot lot, skate park,
exercise equipment, walking loop, picnic area and a new restroom, with landscaping throughout the park
on the Property; and
W. WHEREAS, on July 1, 2018, DPR's Office of Grants and Local Services conditionally
approved Grant SW-30-008 , (hereinafter referred to as "Grant") for a project to create the new Raitt and
Myrtle Park by constructing new open space, tot lot, skate park, exercise equipment, walking loop, picnic
area and a new restroom, with landscaping throughout the park on the Property; subject to, among other
conditions, recordation of this Deed Restriction on the Property; and
N-2019-290
4. REMEDIES. Any act, conveyance, contract, or authorization by Owner(s) whether
written or oral which uses or would cause to be used or would permit use of the Property contrary to the
terms of this Deed Restriction will be deemed a violation and a breach hereof. DPR may pursue any and
all available legal and/or equitable remedies to enforce the terms and conditions of this Deed Restriction.
In the event of a breach, any forbearance on the part of DPR to enforce the terms and provisions hereof
shall not be deemed a waiver of enforcement rights regarding any subsequent breach.
SEVERABILITY. If any provision of these restrictions is held to be invalid, or for any
reason becomes unenforceable, no other provision shall be affected or impaired.
Dated:
20
Business Name (if property is owned by a business):
Owner(s) Name(s): City of Santa Ana
Signed:"Ridge�%City
Signed:
riManager
PRINTITYPE NAME & TITLE OF ABOVE
(GRANTEE'S AUTHORIZED REPRESENTATIVE)
ATTEST:
CLERK OF THE COUNCIL
Daisy Gomez, MMC
Clerk of the Council
Not Applicable
PRINT/TYPE NAME & TITLE OF ABOVE
(ADDITIONAL SIGNATURE, AS REQUIRED)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document, to which this certificate
is attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange )
On October 8, 2020 before me Yesenia Cruz, Notary Public
(insert name and title of the officer)
personally appeared Kristine Ride who proved to me on the basis of satisfactory evidence to be
the personlwhose nameW is /pp6subscribed to the within instrument and acknowledged to me
that Wshe/t- y executed the same in Vs/her/t Ir authorized capacityy ,and that by�her Ir
signature( on the instrument the persogW, or the entity upon behalf of which the perso�acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
YESENIA CRUZ
Notary Public - California
Orange County E
Commission M 2243542
My Comm. Expires May 21, 2022 11
Signatur (Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
validity of that document.
tate of California
County of
On before me,
a Notary Public,
personally appeared , who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument the person(s), or the,efitity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
laws of the State of California that the
Signature / (Seal)
RECORDING REQUESTED BY
FIRST AMERICAN TITLE COMPANY
RESIDENTIAL DIVISION
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92701
Attn: City Manager
APN: 398-334-03;398-334-04;
007-273-12;007-273-14
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
II111I 111Hl1111111l111l11111111ll111101HiIIlll111 NO FEE
* $ R 0 0 0 8 3 5 3 9 5 5$
2016000201376 3:15 pm 05/05116
93 Sec4 GO2 AO4 5
0.00 0.00 0.00 0.0012.00 0.00 0.00 0.00
for
EXEMPT FROM PAYMENT OF DOCUMENTARY
TRANSFER TAX (TRANSFER BETWEEN PUBLIC
AGENCIES)
GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the Santa
Ana Housing Authority, a public entity, corporate and politic ("Grantor"), hereby grants to the City
of Santa Ana, a municipal corporation, that certain real property located in the County of Orange,
State of California, more particularly described on Attachment No. I attached hereto and
incorporated herein by this reference (the "Property"), subject to existing easements, restrictions and
covenants of record.
IN WITNESS WHEREOF, Grantor has executed this Grant Deed as of April 6, 2016.
SANTA ANA
Its: Execuiiie Director
INU111KNOE NGF RI OUIRED
VV01111 IIJAY pHC10EED
C.LHKurn 00111qC1!.
Cx,7
RECORDING REQUESTED BY:
M.. California Department of Parks and Recreation
4 i Office of Grants and Local Services
WHEN RECORDED MAIL TO:
Office of Grants and Local Services
PO Box 942896
Sacramento, CA 94296-0001
Attn: Melinda Steinert
N-2019-290
Recorded In Official Records, orange County
Hugh Nguyen, Cferk-Recorder
IIIIII IIIIIIIIIIIIIIIIIIIIIIlI�IIIIII111111111111111111lllllllllllllllllll NO FEE
* R 0 0 1 2 6 0 5 3 7$*
2020000671297 9:33 am 11119/20
227 414A D06 16
0.00 0.00 0.00 0.00 42.00 0.00 0.000.000.00 0,00
Fxe,4'1,0t lie,- 273,60 SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE
DEED RESTRICTION
1. WHFREAS, City of Santa Ana (hereinafter referred to as
"Owner(s)" is/are recorded owner(s) of the real property located at 423 S, Raitt Street and 415 S. Raitt
Street, Santa Ana, California 92703, described in Exhibit A, attached and incorporated herein by
reference (hereinafter referred to as the "Property"); and
II. WHEREAS, the California Department of Parks and Recreation (hereinafter referred to
as "DPW) is a public agency created and existing under the authority of section 5001 of the California
Public Resources Code (hereinafter referred to as the "PRC")• And
11I• WHEREAS, Owner(s) (or Grantee) applied to DPR for grant funds available pursuant to
the 2018 Parks Bond Act, Statewide Park Development and Community Revitalization Program for a
project to create the new Raitt and Myrtle Park by constructing new open space, tot lot, skate park,
exercise equipment, walking loop, picnic area and a new restroom, with landscaping throughout the park
on the Property; and
IV, WHEREAS, on July 1, 2018 , DPWs Office of Grants and Local Services conditionally
approved Grant SW-30-008 , (hereinafter referred to as "Grant") for a project to create the new Raitt and
Myrtle Park by constructing new open space, tot lot, skate park, exercise equipment, walking loop, picric
area and a new restroom, with landscaping throughout the park on the Property; subject to, among other
conditions, recordation of this Deed Restriction on the Property; and
V. WHEREAS, but for the imposition of the Deed Restriction condition of the Grant, the,
Grant would not be consistent with the public purposes of the 2018 Parks Bond Act, Statewide Park
Development and Community Revitalization Program and the funds that are the subj cot of the Grant
could therefore not have been granted; and
VI. WHEREAS, Owner(s) has/ve elected to comply with the Deed Restriction of the Grant,
so as to enable Owner(s), to receive the Grant funds and perform the work described in the Grant;
NOW, THEREFORE, in consideration of the issuance of the Grant funds by DPR, the
undersigned Owner(s) for himself/herself/themselves and for his/her/their heirs, assigns, and successors -
in -interest, hereby irrevocably covenant(s) with DPR that the condition of the grant (set forth at
paragraph(s) I through 5 and in Exhibit B hereto) shall at all times on and after the date on which this
Deed Restriction is recorded constitute for all purposes covenants, conditions and restrictions on the use
and enjoyment of the Property that are hereby attached to the deed to the Property as fully effective
components thereof.
1. DURATION. (a) This Deed Restriction shall remain in full force and effect and shall
bind Owner(s) and all his/hedtheir assigns or successors4n-interest for the period running from July t,
2018 through June 30, 2048.
2. TAXES AND ASSESMENTS. It is intended that this Deed Restriction is irrevocable
and shall constitute an enforceable restriction within the meaning of a) Article XM, section 8, of the
California Constitution; and b) section 402.1 of the California Revenue and Taxation Code or successor
statue. Furthermore, this Deed Restriction shall be deemed to constitute a servitude upon and burden to
the Property within the meaning of section 3712(d) of the California Revenue and Taxation Code, or
successor statue, which survives a sale of tax -deeded property.
3. RIGHT OF ENTRY. DPR or its agent or employees may enter onto the Property at times
reasonably acceptable to Owner(s) to ascertain whether the use restrictions sot forth above are being
observed.
4. REMEDIES. Any act, conveyance, contract, or authorization by Owner(s) whether
written or oral which uses or would cause to be used or would permit use of the Property contrary to the
terms of this Deed Restriction will be deemed a violation and a breach hereof. DPR may pursue any and
all available legal and/or equitable remedies to enforce the terms and conditions of this Deed Restriction.
In the event of a breach, any forbearance on the part of DPR to enforce the terms and provisions hereof
shall not be deemed a waiver of enforcement rights regarding any subsequent breach.
5. SEVERABILITY. If any provision of these restrictions is held to be invalid, or for any
reason becomes unenforceable, no other provision shall be affected or impaired.
Dated: 1610 si f , Zp 6LO
Business Name (if property is owned by a business):
Owner(s) Name(s): City of Santa Ana
Signed:
K stine Ridge, Ci y Manager
PRINTITYPE NAME & TITLE OF ABOVE
(GRANTEE'S AUTHORIZED REPRESENTATIVE)
ATTEST,
r +
A
CLERK OF THE COUNCIL
Daisy Gomez, MMC
ti Clerk of the Council
Signed:
Not Applicable
PMTfIYPE NAME & TITLE OF ABOVE
(ADDITIONAL SIGNATURE, AS REQUIRED)
**NOTARY ACKNOWLEDGEMENT ON TFIE NEXT PAGE**
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document, to which this certificate
is attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange )
On October 8. 2020 before me Yesenia Cruz, Notary Public
(insert name and title of the officer)
personally appeared Kristine Ridge,,, who proved to me on the basis of satisfactory evidence to be
the person3(s�'whose name s /y6 subscribed to the within instrument and acknowledged to me
that V6/she/t, y executed the same in *her/pKr authorized capacity i and that by/4i/her/ Ir
slgnatureA on the instrument the person(, , or the entity upon behalf 6f which the persopt s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. YESENIACRIIZ
Oy
Notary Publlt • CaliforniaOrange County #CommIalon#22a2SA2
Comm. Expires May 21, 2022
(Seal)
Exhlbit A
ATTACHMENT NO.1
LEGAL DESCRIPTION
The land referred to herein is situated in the State of California, County of Orange, described
as follows:
LOT 8, BLOCK 10, FRUIT ADDITION TO SANTA ANA, AS SHOWN ON A MAP
THEREOF RECORDED IN BOOK 10, PAGE 34, MISCELLANEOUS RECORDS OF LOS
,ANGELES COUNTY, CALIFORNIA.
APN: 398.334-03
LOT 7 IN BLOCK 10 OF "FRUIT'S ADDITION TO SANTA ANA", IN THE CITY OF
SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 10 PAGE 34 OF MISCELLANEOUS MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY.
APN:398.334.04
LOT 6 IN BLOCK 10 OF "FRUIT'S ADDITION TO SANTA ANA", AS SHOWN ON A
MAP RECORDED IN BOOK 10, PAGE 34 OF MISCELLANEOUS RECORDS OF LOS
ANGELES COUNTY, CALIFORNIA.
APN: 398-334.05
BEGINNING AT A POINT 1232 FEET SOUTH OF A POINT IN THE CENTER OF
FIRST STREET, WHICIi IS 1942 FEET WESTERLY FROM THE CORNER COMMON
TO SECTIONS 11, 12, 13 AND 14, IN TOWNSHIP 5 SOUTH, RANGE 10 WEST, SAN
BERNARDINO BASE AND MERIDIAN; RUNNING THENCE WESTERLY PARALLEL
WITH THE CENTER LINE OF FIRST STREET, 443.4 FEET TO THE EASTERLY LINE
OF ARTESIA STREET; THENCE NORTHERLY ALONG SAID EASTERLY LINE OF
ARTESIA STREET 44 FEET TO THE SOUTHWEST CORNER OF THE PROPERTY
CONVEYED TO PAUL W. LADIGES AND WIFE, BY DEED DATED DECEMBER 18,
1922 AND RECORDED IN BOOK 451 PAGE 70 OF DEEDS IN THE OFFICE OF THE
COUNTY RECORDER OF SAID ORANGE COUNTY, THENCE EASTERLY ALONG
THE SOUTHERLY LINE OF SAID PROPERTY CONVEYED TO LADIGES, 443 A FEET
TO THE SOUTHEAST CORNER OF SAID PROPERTY; THENCE SOUTH 44 FEET TO
THE POINT OF BEGINNING.
APN: 007-273-12
BEGINNING AT A POINT IN THE CENTER OF FIRST STREET, 1942 FEET WEST OF
THE NORTHEAST CORNER OF SECTION 14, TOWNSHIP 5 SOUTH, RANGE 10
WEST, S.B.B AND M, AND RUNNING THENCE SOUTH 1320 FEET, MORE OR LESS,
TO THE SOUTH LINE OF LOT 1 OF THE SEPULVEDA TRACT, AS SHOWN ON A
MAP RECORDED IN BOOK 31, PAGE 197 OF DEEDS, RECORDS OF LOS ANGELES
COUNTY, CALIFORNIA; THENCE WEST ALONG SAID SOUTH LINE 443.4 FEET,
MORE OR LESS, TO THE EAST LINE OF ARTESIA STREET; THENCE NORTH
ALONG SAID EAST LINES 1320 FEET, MORE OR LESS, TO THE CENTER LINE OF
WEST FIRST STREET, AND THENCE EAST 443.4 FEET TO THE POINT OF
BEGINNING, EXCEPTING THEREFROM THE NORT14 1232 FEET THEREOF,
APN: 007-273.14
APN: 398-334-03; 398-334-04; 398.334-05; 007-273-12 and 007-273-14
Exhibit B
Stale of Catifomla - Natural Resources Agency
Department of Parks and Recreation
GRANT CONTRACT
2018 Parks Bond Act
Statewide Park Development and Community Revitalization
GRANTEE City of Santa Ana
GRANT PERFORMANCE PERIOD is from Ju"I, 2018 through June 30, 2022 _
CONTRACT PERFORMANCE PERIOD is from JNly01,201etnrbughJuna30,2048
PROJECTTITLE RAITT AND MYRTLE PARK DEVELOPMENT PROJECTNUMBER SW-3o.Goa_
The GRANTEE agrees to the terms and conditions of this contract, and the State of California, acting through its Director of Parks and
Recreation, pursuant to the Stale of California, agrees to fund the total State grant amount Indicated below,
The GRANTEE agrees to complete the PROJECT SCOPE(s) as defined in the Devalopment PROJECT SCOPE I Cost Estimate Form
or Acquisition documentation for the Applicatlon(s) filed with the State of California.
The General and Species Provisions attached are made a part of and Incorporated Into the Contract.
Total State Grant not to exceed $1.640,928.00
of Santa Ana
By Lisa Rudloff
Typed or name of Authorized RepresentsM
♦ S A, dh4el
� nnlall,e
Address 20 Civic Center Plaza (M-3). Santa Ana CA 92701
Title Clly Mgr.; Exec. Director Of Parks, Rao 8 Comm. Svcs
Date 4109120
STATE OF CALIFORNIA
DEPARTMENT OF PARKS AND RECREATION
%P5I0Mt-11r
t'i�E ulhorized Represeru sve
Title . SGc -9-C ✓tS oy/
Date C/—/(o - 9-0
CERTIFICATION OF FUNDING
CONTRACT NO AMENDMENT NO
FISCAL SUPPLIER I.D.
PROJECT NO.
C0801034
0000007014
SW-30 W9
AMOUNT ENCUMBERED BY THIS DOCUMENT
FUND.
'
$1.6401928.00
Drought, Water, On Air, Call Protc, Outdoor Fund
PRIOR AMOUNT ENCUMBERED FOR THIS
REM
CHAPTER
STATUTE
FISCAL YEAR
CONTRACT
3790-10"(188
29
18
201920
TOTAL AMOUNT ENCUMBERED TO DATE
REPORTNG STRUCTU
cOUTUALTA'CyOUNT
ACTIVITY CODE
PROJECT I WORK PHASE
s $1,640,928.00
37900091
543200Ly00D00g0
69800
37900000SVY30008
eBB00ell
.BA NO.
I hambyeer vy Pon
nal k o my persoledge that budgeted funds are available for this enmanbmnce.
-
a.R. NO.
CCO GOFF
ER'SSIG NATURE
DATE.
, Exhibit B
h . AI ' ' • "monailNAL
PA"A' (P� t000To,
1. Nt3a....:..,,...,,
APR 0 9 2020
t, RECITALS
ca=
A 4010-20
This•CONTRACT is entered Into between the California Department of Parks and
Reoreaton (hereinafter referiad to as "GRANTOR; "DEPARTMENT" or "STAIN") and
City of Santa Ana (hereinafter referred to as 90RANTEW),
The DEPARTMENT hereby grants.to GRANTEE a sum (also referred to as "GRANT .
MONIESq not to>exoead 1 QA7e.. ..subject to the,terms and aondigons of this
CONTRACT and the 2018119 California State Budget, Ohapter 898p0, statutes of 2098,
two npm6er M 3796.1o1-00 0 (appropriation cho tat and budget item number
hereinafter referred tog& "9018 Parks Bond Mi.totswide Park Development end
Community ReVlta0zefion GRAN M. These funds shall be used for oompleflon of the
GRANT SCOPE(S).
The Grant Performanoe Period Is from M 01,,M _ to,,& 30. 2022..-
g, GENERAL PROV01014
A. pett6111W s
As used in this CONTRACT, the fo0owing words shall have the folkrwhig meanings:
1, The term "ACT` means the Callkmia Drought, Water, Parks Cnmats, coastal
Prote*n, and Oukioor,Aocess forAll Act of 201 ti, as referred to In section I of this
CONTRACT..
2, The term "APPLICATION" means the Individual project APPLICATION packet for a
projsdpunsuant to the enabling legislation andhrf grant program Moses 9UMe
requirements.
3, The term 4AEPARTM9Nr at "8TATV means the Oallfomia Department of parks
and Reareatian.
4, The term "DEWLOPMENT" means caphi Improvements to real property by
means of, but not Mod to, c onshludion, ovansion, andlor mhovaiion,-of
permanent or fixed features of the property, . ,
#. The term "gRANTEE" means the party described as the GRANTEE In Section I of
this GONT'RACT. .
8, The term "GRANT SCOPE" moans the items listed in the GRANT SCOPMost
FeBntate Form found In each of the APPUOATIONS submitted pursuant to this
grant.
7. The -term "GUIDE" means (1) the document Identified as the "GrantAdminlstralon
Guida for Callfomla.Drought, Water, Parks, Climate, Coastal protection, and
OuMoorAdwo For All Act of 2018 Compatiflvs Grant Programs Capital
Exhibit B
improvement Projects" and (2) The Application Guido that established the
competitive procedures and.policies forthe selection of projects.
B. Prcr jeot Paracuuon
1. Subject io the availability of GRANT LJONIES, the STAT9 heroby grants to the
_. ;__.. ....._....._. GRAN'TEE 'a sum of money nOt to excised the Amount stated In Seddon I of this
CcyldTM T, in, 6risidera" df,.and on bar ditlon thst; ths"purn:be'expemded in
carrying oul the purposes as aetforlh in the.soopedesoribed ki the enabling
legislation and referenced lit the APPLICATION, Election i of this CONTRACT, and
under the terms and conditions set forts in this CONTRACT.
The GRANTEE shall assume any obligation to furnish any additional funds that
may be nabsssary to complete the GRANT BOOMS).
The GRANTEE agrees to submit any change. or alteration ftm the original GRANT
8COPE(El In writing to the STATE for prior approval, This applies to any and all
• changes list ocbur afbar STATE has approved the APPLICATION. Changes in the
G RANTSCCPE(S) must be approved In writing bythe,8TATE. ,
2. The GRANTEE shall ocmplote the GRANT 60OPE(S) In accordance with the the
of the Perfom►ance Period. set Earth in Seaton (of this CONTRACT, and cider the
terms and conditions of this CONTRACT,
To maintain the Intagft of the competitive grant program, time GRANTEE aareas
that any other project charges aralterafionu which deviate firm the Intent of the .
project selection criteria provided by the GRANTEE In the orlglnatoonpoWe
APPLICATION must be submitted In writing to the STATE for prior approval.
8: the GRANTEP shall comply with the Calffornla Environmental Qualky Act eft
Rasou WLQft, Section 210CA et seq., TINS 14, CgM1ia a of Resulations,
Section I SOW at seq.).
A. The GRANTEE shall comply with all applicable current laws and regulations
affecting VEMOPMENT projects, including, but not limited to legal requirements .
'far construdbn contmole, building codes, health and safety oodr as, and laws and
oodes ptertahling io individuals with disabilities, including but not limited to time
AnWoops With Disabilities M Af 19W (42 i t.S.C. §12101 at sari.) and the
CoMmia Unruh Act (CaOfomle Civil Code 01 at VM).
C. Project Guide ,
1, GRANTEE agrees to abidh by lbe GUIDE$.,
2. GRANTEE acknowledges thatSTATE may make reasonable changes to Ills
pmoeduras as set forth In the GUMP_ If STATE makes any changes to- Its
procedures and guidelines, STATE agrees Io no* GRANTEE within a masonabte
time. .
f). Project Adaninlatraticsot :,, .
2
Exhibit B
1. If GRANT MONIES are advanced for DEVELOPMENT projects, the advanced. .
funds shall be placed In an Interest boating account until expanded. Interest
earned on the advano®d,funds shall be used on the project as approved by the
STATE. If gmdt mortis% are advanced W not expended, the unused portion of the
oame
projgotioompletton dr end of dthe Grant l be perfomtmoo. t'ed to the o��whbho eE whhIn ris earUays orr,, r
2, The GRANTEE $hall submit Wrhton project status reports whhin 30 calendar days
a(tdr tree STATE boo mad* auch'a toques f. la any overt, the GRANTEE -shill
provide the STATE a report showing ttdai ti►ral project axpendtiures within r3U days
of project ciwhhpiatktn or the end of the grant porfontlanoe,oertad, whichever is
earlier. The TAT"'
Performance period Is ktontiieid. In Section t of this CONTRACT.
3; The GRANTEE shall make property or lacdtilles soquired and/w developed
pursuant to this contract available for Inappotion upon request by the STATE.
E, l+rej�t'Tenrrriratles,r •
1, projWTermination norstothe non -completion of a GRANT SCOPE. Any
grant funds that have not been expended by the GRANTEE shall revert to trod
STATE,
2. As GRANTEE may unilateraty rescind this CONTRACT at any time prior to the
cornmancement of tho pmJect. The ocm metrosment of the prnjoot means the date
of the letter notirylng GRANTEE of the award or when rho funds are appropriated,
whichover to later. 11ft%r project cwmmancemont, this CONTRACT maybe
rescinded, modified or aimended only by minuet agreement in writing between'the.
GRANTEE and the STATE, unless the provisions of thI% CONTRACT provide that
mutual agreement is- not requirred.
3, Fallune by Ilia GRANTEE to comply with the terns of the (a) GUIDE, (a) any.
legislation appltoable to the ACT, (c) this CONTRACT as well as any olhorgrant
corttnecta, speolfad orgenetal, that GRANTER has entered Into with STATE, may
be cause for $usppmstorr of all obiigaltiions of the STATE fatless the STATE
d*rr6ine8 that such fatiurs was due to no fault of rite GRANTEE.• in such oaea,
$TAT'E may rolmburae GRANTEE for eligible coats properly incurred In -
paricrmwnoo of this CONTRACT despite non"d arsine of the C3RAANTES. To
qualify for such reimbursoment, GRANTEE agrees to mitigato lte lasses to the best
of He ability..
.4. Any breach of any term, provtslon, obligation or requiramank of this CONTMT by
the GRANTEE shah be a default of this CONTRACT, In the case of any default by
eRANTW, STATE $hall be entitled to all minediss available under law and equity,
Including but not hmlt%d to. a) Spec is Perfamnanos; b) Return of all GRANT
MONIES; o) payment to the STATE of the fair market value of the ptloject property
or tile, actual sales prica, whichever is higher; arnt d) payment to tite STATE of the
costs of enforcement of this CONTRACT; Including but not limited to court and.
arbitration coats, foe$, expenses, of litigation, and reasonable attorney foss,
Bxhlblt B
'S. The GRANTEE and the STATE agree that if the GRANT SCOPE Inoludes
DEVELOPMENT, final payment may not be made until tho work described in the
GRANT SCOPE. is oomplote and the GRANT PROJECT Is open to the public.'
P. Budget Contingonay Clause
If MAIng for any fiscal year Is reduced ordeleted by tho budget act for purposes of this
program, to STATE shall have the option to either cancel this,contraact with, no ifabliitit
occurring to. the STATE, of offers CONTRACT amandmentto GRANITES to reflect the,
reduced grant amount This Paragraph shall not require the mutual agreement as
addressed In Paragraph E, provision 2, ofdhls CONTRACT.
G, Hold Harmless
1. The GRAKM shall waive all claims and recourse against the STATE including
the right to cohtrilution for Ibas or dome to persons or, property arising from,
growing out'of or In any way connected with .or Inoiderd to this CONTRACT except
claims arising fan the cmwft ent or sole negligence oflhe STATE, Ifs afNcws, .
agents, and employees.
2, The GRANTEE shall Indemnify, hold harmless and defend the STATE, Its oflkters,
agents and employees against any and all clalmd, demands, damages, costs,
expenses or liability costs aflakig out of the AMUISITION, qIAMLOPMENT,
construction; operation or maintonance of the property described as the project
which claims, demands or causes of aotlbn arise under California Government
Code Section 8061 or othewAw except for liability attsfng out of the concurrent or
sale negligence of the STATE, its ollloers, agents, or employees.
3. The GRANTEE agreas that In the event the STAYS is named as ocdetendent
underthe provisions of Califomia Government Code Section 896 at seq., the.
GRANTEE shall nobly the STATIY of such fact and shall represent the STATE in
the legal action urdess the STATE undertakes to represent Itself as codefendant in
such legal action in which event the GRANTEE agreea to pay the SWIZZ,
rattan costs, %"nsee, and reasonable attorney fees.
4. The GRANTEE and the STATE agree that in the event of Judgment entered agalnet
the STATE and the GRANTEE because of the concurrent neglgence of the STATE
and the GRANTEE, their officers, agents, or emptoyees, an apportionment of
Itabiitly to pay suoh.Judgment ghats be made by a ooud of competent juitedlcgon,
Neither party shall request a jury appoittnnmerd.
S. The ORANTSE shall Indomnify, hold harmloss'and defend the STATE, its ofloers, •
agents and employoes,agalnet any and all claims, demands, costs, expenses or
liabipgr coo arising out of legal actions pursuant to hems to which the GRANTEE
hasoortiffed, The GRANTEE adcnowladges that lt.ts.,solelyrasponolbtefor
compliance with items to which it has ceriiffed.
4
Exhibit B
H. Flnanclal Records
1,
The GRANTEE shall maintain satisfactory flnanoiafaoaounts, documents, Including
loan documents, and all other records for the project and to make them available to ..
the STATE for auditing at reasonable times. The GRANTRF, also agrees to retain
such financial accounts, documents and reooals for five years following project
termination or Issuance offinal payment, whichever Is later.
' Z,
Tha GRANTEE shall keep such moords as the STATE shall presalbo, l holudlrig
records which Arlly disclose (a) the disposition of the proceeds of STATE funding'
assistance, (b) the total cost of the project In connection with such assistancethat is
given or used, {a) the amount and nature of that portion of the project gnat supplied
by other suurcest and (d) any other such records that will facilitate an efiaetive
audit..
3,
the GRANTEE agrees that the STATE shall love the right to inspect and rnska
apples of any books, records or reports pertaining to this oontmO or matters related
thereto during regular oMos hours, The GRAME shall maintain and matte
avablole for Inspection by the STATE accurate records of all of its costs,
disbursements and remote wkh respect to Its aotinrltlas under this CONTRACT. .
Such accounts, documents, and recordo Shall be tallalned toy the GRANTEE for at'
Isest five yeati fallowing project termination or issuance of final payment,
whichever b later.
4,
The GRANTEE shall use a generally accepted accounting system.
1. Use of Fhiciouge
f .
The GRANTEE agrees that the GRANTEE shall operate and maintain the pmparty
aoquired.ordevaloped with the GRANT'MONIES, for the duration of the Contract
Perfomranoe Period.
2, The GRANTEE agrees that, during the Contract Performance period, the'
GRANTEE shall use the property acquired ordeveloped with GRANT MONIES
S
under this contract only for the purpdees of this grant anq no other use, sale, or
otherdlsposltion or change ofthe use ofthe property to one not consistent with
Its purpose shall be permitted except as outhorked by the STATE and the
properly shah be replaced with properly of equivalent value and. usetriness as
determined by the STATE. •
3, The property aoquired or developed may be transferred to agother snoty 9 the
successor amity assumes the obllgatons Imposed under this CONi'RA& and
with the approval of STATE.
q, Any real Property (Including any pardon of It' or any Interest ih 0' may not lie used
as security for any debt or mitigation, without the Wdlan approval of the STATE
•, ; : provided that such approval shall not be unreasonably withheld as•long as tie
6
Bxhlbit B
purposes for which the Grant was awarded are maintained. Any such permtasion
that is granted doss not make the STATE a guarantor or a surety for any debt or
mitigation, nor does A waive the-STATE'S rights to enforce performanoe under
the Grant CONTRACT.
5. All real properly, or rights thereto, acquired with GRANT MONIES shall be subject
to an appropriate form of restrictive title, rights, or covenants approved by the
STATE. If the project property Is taken -by use ofeminent domain, -GRANTEE
shall reimburse STATE an amount at {east equal to the -demount of GRANT
MONIES received from STATE or the pro -rated full market value of the real
property, Including improvements, at the time of sale, whichever is higher.
6. If eminent domain proceedings are Initiated against GRANTEE, GRANTEE shall
notify STATE within W days of reoelving the complaint,
J. Nondiscrimination
7. The GRANTEE c hap not dleoriminata against any person on the basis of sex,
race, color, national origin, ago, religion, ancestry, sexual odentaflon, ar dlsablilty,
in the use of any property or facility developed pursuant to this contract.
2. The GRANTEE shall not'dlsodminale against any, person on the basis of
residence except to the extent that reasonable differences In admisslon or other
foes may be maintained on the basis of resl(enos and pursuant to law.
S. All facilifies shalt be open to members of the public -generally, except as noted .
under the special provisions of this project contract or under provisions of the
enabling legiaistion andlorgrantprogram.
K. Sevarablllly
If any provision of this CONTRACT or the application thereof Is held Invalid, that
invalidity shall not affect other provisions or applications of" CONTRACT which cari .
be given effect without the invalid provision or application, and to (his end the
pmvistons of this CONTRACT are severe*,
L Liabllity
STATE assumes no responsibillty far assuring ihesa" or standards of
construction, site improvements or programs related to the GRANT SCOPE. The
STATE'S rights urider this CONTRACT to review, k►spect and approve the
GRANT SCOPE and any Anal plans of Implementation shall not give dse to any
warranty or representation that the GRANT SCOPE and any plans or
Improvements are flee from hazards or defects.
2, GRANTEE will abdure adequate liability Insurance, performance bond, and/or
other security nec eisary to protect the GRANTEE's and STATES.Interest ., `;
Exhiblt B
against poor workmanship, fraud, or other potential lose assoolated with
oompletlon of then grant proJeot.
Mi.: Asslgnabllity
Without the written consent of the SUM,, Ole GRANTMS interest In and -
responsibilities under this CONTRACT shall net bd assignable by the GRAISIM
. either in whole or In pad:
N. Use of Grant Monies
GRANTEE shall not use any grant funds (inoludlng any pardon thereof) for the
purpose of making any leverage loak pledge, promissory note or similar financial
device or transaction, without 1) the prior written approval of gre STATE,'•ut 2)
any flnanolal or legs! Inkeresfs rxeated by any such ievorage loan, pledge,
promissory note or similar tinanata! device or transaction In the allproJeci property
shall be Completelrovidy subardand ainated ko this CONTRACT through a 6ubordlnatton
gned
tthhetransandano so recarded n the Vad County itacords V Inst the floe tiffs Mes Involved in
prolact property.
0, section Hsadinge
Tfie headiitpqe and capgons of the various seotioas of this CONTRACT halve been
Inserfed ant! for the purpose of donvenience and are not a part of this CONTRACT
and shall not be doomed N any manner to nlodlfy, explain, or restdot any of the
provisions of this CONTRACT.
P. Waiver
Any failure by a party to enfarce (ts•rights underthis CONTRACT, in the event of a
'breach, shall not be construed as a waiver of said rights; and the waiver of any
b"oh under this CONTRACT shall not be construed as a waiver of any
subsequent breach.
�ggto Ana
ORA 41 ,
Ryy;_ See atlachedAnature pagetr G' ,
Siglnature of Authorized 12epresenta ve
Title.
STATE OF CALIFORNIA
,7
Exhibit B
DEP By: RTMEN F PARKS AND RECREATION
_
Signatur f Authorized Representative
Title: 5u�g ivlSv
Date:
H
Exhibit B
A'1" MOT' CITY OF' SAN ANA,
DAiS'fP'cit)IYiMB L UbLW+F
Ciorl� o£the.Counail xeonUWe Dlteatar.AfPwiw; ltabkAstian, &
Commu Oy-fletviaas Agency
.. ...: ,... , ._—"A.1SIE'7�.C1'fr'1V'i1D it � `I't7 �l'� . • . .. .....------ _._..
SCNIA. R. CARVAIAO
.City At BOY
Re�1�
LAURAAu RQSSMI
Aaft 06fAarel"t City AWmoy
r
pfiv 1 of'.,l