HomeMy WebLinkAboutORANGE COUNTY HARBORS, BEACHES, & PARKS DISTRICT2 This Agreement, made and entered into this day of 19
3 by and between the City of Santa Ana, a municipal corporation, hereinafter referred
4 to as ''CITY" and the County of Orange Harbors, Beaches and Parks District, hereinafter,
5 referred to as "DISTRICT".
7 WHEREAS, CITY has for several years owned sixty-six (66) unimproved acres
8 known as Centennial Park; and
9 WHEREAS, CITY residents and Central Orange County communities are in need of
10 accessible regional park and recreation facilities; and
11 WHEREAS, the Park site is centrally located in the midst of a dense urban
12 population; and
13 WHEREAS, CITY is empowered to permit recreation uses of its properties; and
14 WHEREAS, Centennial Regional Park is listed as a Priority Group I site on the
15 Orange County Master Plan of Regional Parks; and
16 WHEREAS, DISTRICT is responsible for the implementation of the Master Plan of
17 Regional Parks; and
18 WHEREAS, DISTRICT has considerable experience in the design and development of
19 regional recreation facilities and desires to assist in t I he design and development of
20 Centennial Regional Park for regional recreation purposes; and
21 WHEREAS, Centennial Regional Park site is within and complimentary to the Santa
22 Ana River -Santiago Creek Greenbelt; and
23 WHEREAS, both CITY and DISTRICT desire to cooperate in the manner set forth below
24 in the design, development, maintenance and operation of Centennial Regional Pa.rk for
25 use as 'a regional recreation and park facility.
26 NOW, THEREFORE, for and in consideration of the mutual promises, covenants and
27 conditions hereinafter set forth, and in furtherance of the above purposes, the parties
28 here I to agree as follows:
29 1. DISTRICT shall be the lead agency in the design of Centennial Regional Park.
30 2. CITY shall be responsible for satisfying all provisions of the California
I 1E nv i ronmental Quality Act of 1970 and General PI an conformity requirements of Section
,402 of the California Government Code. n|SrmcT shall be responsible for compliance
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with the Harbors and Navigation Code.
3. DISTRICT agrees to engage a qualified consultant to prepare a -Schematic
Design Plan and General Development Plan/Report for'Centennial Regional Park. CITY
may submit names to DISTRICT of appropriate consultants, review the scope of work re-,
quest and review the proposals'. from consultants that are being considered. The
Schematic Design Plan and General Development Plan will identify all facilities, both
regional and local in nature, to be ultimately constructed.
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4., Selection and aware; of'a consultant contract shall be the responsibility of
DISTRICT'S Board of Supervisors. Formulation, adoption and implementation of the
General Development Plan must be mutually agreed to by both CITY and DISTRICT; however,
consent will not be unreasonably withheld.
5. DISTRICT will fund construction costs of those recreation facilities and
amenities identified in the General Development Plan as regional in nature. Cost
estimates for all phases of General Development Plan construction will be supplied by
the consultant and DISTRICT will be responsible for construction costs, budgeting and
payment for regional recreation facilities based on the cost estimate. Additionally,
all regional facilities identified in the General Development Plan as the DISTRICT'S
responsibility shall be implemented within five (5) years of the date of acceptance by
the Board of Supervisors of the General Development Plan.
6. CITY may undertake and must assume financial responsibility for the develop-
ment, construction.or improvements to said property not identified in the General
Development Plan as regional facilities. Such development, construction or improvements
shall be in accordance with the General Development Plan and subject to review by.
the Director of Harbors, Beaches and Parks. CITY shall not, without prior written
approval of DISTRICT-, remove, move, demolish or alter in any manner any improvements
regional in nature on said property.
7. Upon approval of drawings, plans and specifications by CITY and DISTRICT,
CITY shall supervise the construction of Centennial Regional Park. The park land
'will remain under the ownership of the CITY and all improvements erected on said pro-
fperty shall become part of the realty, and title to said improvements shall be vested
in the CITY; however, CITY shall be responsible for replacement, without cost to
DISTRICT, of all facilities developed in accordance with the General Development Plan.
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8. CITY agrees at its sole cost and expense to operate and maintain Centennial
Regional Park as a park and recreation area at a level adequate to insure maximum
utilization of the public for recreation purposes and the DISTRICT shall have no
obligations or responsibilities to assist or finance the operation or maintenance of
the park.
9. C17Y may adopt rules and regulations for the use and enjoyment of said
property. Any such rules and regulations adopted by CITY sh.all conform to and be
consistent with the rules and regulations adopted by DISTRICT applicable to the County
regional parks system. The operation of the facility shall be conducted in such a
manner that the park shall be accessible and subject to the use and enjoyment of all
residents of the County and all other persons entitled to use and enjoy same on a
nondiscriminatory basis. If CITY at any time charges an entry or parking fee, it shall
be administered so that DISTRICT'S annual Day Use Parking Pass shall be honored.
10. CITY may -grant concessions in or upon said property consistent with use by
the .general public thereof for park and recreation purposes. Such concessions shall
be let by public bidding process approved by the DISTRICT. Since the CITY will bear
all costs for maintenance and operation of said facility, CITY shall receive all
revenues from concessions (excluding DISTRICT'S annual Day Use Parking Pass fee) in
the park to offset operation and maintenance expenditures. In the event that the
operation of said park by CITY produces fiscal year net revenues in excess of the cost
of operating and maintaining said park, CITY agrees to transmit to.DISTRICT all
excess revenues from CITY for the continued planning and construction of regional
park facilities as described in the General Development Plan. When all regional.
components of.the General Development Plan are completed, excess revenues shall be
used for the planning and construction of facilities and amenities not identified
in the General Development Plan as regional. When all components of the General
Development Plan are completed said excess revenue shall be transmitted to the DISTRICT
and used for acquisition and development of further regional facilities within Orange
County.
11. CITY agrees to save and hold harmless all employees, agents and officers of.
DISTRICT from all claims or actions, including costs of defending such claims or
'ctions arising from the planning, development or use of Centennial Park. In the
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event DISTRICT is made a party to any action or proceedings filed
or prosecuted against CITY hereunder, CITY agrees to defend or
else pay tc; DISTRICT any and all costs and expenses incurred by
then in any such action or proceedings, together with reasonable
attorney's fees. CITY hereby waives all claims and recourse
against the DISTRICT arisinz from, growing out of, or in any way
connected with or incident to this Agreement.
12. No person shall, on the grounds of race, color, national
origin, sex or area of residency, be I excluded from participation
in, be denied the benefits of, or be subjected to discriminaticn
under any progrEm or activity funded in whole or in part with funds
made available under this contract.
13. CITY agrees Centennial Park must be retained for public
nark and recreation purposes in perpetuity, and that if the pro-
party ceases to be used for said ourposes, CITY shall repay to
DISTRICT an amount equal to the depreciated value of the buildings
and facilities in said park paid for by DISTRICT from the date of
each facility component assuming a thirty (3 1 0) year useful life,
with interest at seven percent (74) per annum, at the time the
public park as recreational use is terminated. In the event the
CITY does not have sufficient funds to return said amount, the
CITY shall convey fee title to said park site and facilities to
DISTRICT.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement the day and year first above written.
DATE:
ATTEST:
IRILLIAM E. ST JOHN, County
Clerk and ex-OffiCiO Clerk
of the Board Of Supervisors
of Orange County, California
By
Deputy
HARBORS, BEACHES AND PARKS DISTRICT
BY
Chairman, Board of Supervisors
CITY OF SANTA -ANA, a municipal
co ration
w
B
Mayor
JA
1 APPROVED AS TO FORM:
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ATTEST:
FLORENCE L "Oto-
City Clerk
December 16, 1975