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HomeMy WebLinkAbout08.F- Parks, Recreation & Community Services RESOLUTION (ID# 1856) DOC ID: 1856 CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION © Conveyance of Property From: Kevin L. Hawkins M/CC Meeting Date: 07/16/2012 Prepared by: Laszlo "Les" Fogassy, (909) 384-5140 Dept: Parks, Recreation&Community Ward(s): 1,5,6 Services Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Deed Restrictions for Tom Minor Park and the Ruben Campos Community Center Located in a Portion of Nunez Park, Relative to Grant Contracts with the State of California Department Parks and Recreation for the Installation of Certain Improvements Thereon. Financial Impact: None. Motion: Adopt Resolution. Synopsis of Previous Council Action: June 26,2012 - Grants Ad Hoc Committee Background: On December 5, 2011, the Parks, Recreation and Community Services Department received confirmation from the State of California that funding for improvements to the Ruben Campos Community Center (located at 1717 W. 5th Street) in the amount of$701,864 (contract number CO231155) and Splash Pads at Tom Minor Park ( located at the corner of Palm Avenue and Irvington Avenue) and Anne Shirrells Park (located north of Base Line Street, west of California Street) in the amount of$346,841 (contract number CO231075) was extended from July 1, 2011 through June 30, 2015. One of the conditions of the Contract extensions is that the terms set forth therein become covenants, conditions, and restrictions on the affected property and recorded in the form of a Deed Restriction. Since the northerly portion of Anne Shirrells Park, where the splash pad is to be located, is owned by the San Bernardino City Unified School District, the State is not requiring a Deed Restriction on that portion of the grant. The attached resolution approves the execution of a Deed Restrictions for each of the Contracts. After approval and execution of the (�' Deed Restrictions, the City Clerk's Office will record, or cause to be recorded, the two 1856 documents. City Attorney Review: Supporting Documents: Vicinity Map (PDF) Reso Approving Execution of Deed Restriction (DOC) Exhibit 1 -Deed Restriction-Tom Minor Park-PCGrant (DOC) Exhibit A Legal Description-Tom Minor Park-PCGrant (DOCX) Exhibit B - Tom Minor Park-PCGrant (PDF) Exhibit 2 - Deed Restriction-Ruben Campos-PHGrant (DOC) Exhibit A Legal Description-Ruben Campos-PHGrant (DOCX) EXhibit B - RubenCampos-PHGrant (PDF) Original -Deed Restriction-Tom Minor Park-PCGrant (DOC) Exhibit A Legal Description-Tom Minor Park-PCGrant (DOCX) Exhibit B -Tom Minor Park-PCGrant (PDF) Original -Deed Restriction-Ruben Campos-PHGrant (DOC) Exhibit A Legal Description-Ruben Campos-PHGrant (DOCX) EXhibit B - RubenCampos-PHGrant (PDF) C Packet Pg. 831 �sf.a Tom Minor Park e � oq aqe e� CAL-STATE UNIVERSITY 18 15 x�v�eve. ' No Scale C 0 0 40th St. 330 a or < A ec a a. N V) G O W d Marshall Blvd. !,? o _ 11 VZZd v 259 a > N Highland Ave. o Anne Shirrells Park(Part of `o v the Grant but no Deed in o E Pacific St. ' Restriction required) w N o Base Line St. 9th St a Oa) 5th St. LL d Rialto Ave. > [r f 15 Mill St. ri 0 c m U � 2I0 Orange Show Rd. R •, T 'E C Ruben Campos Community 0 Center at Nunez Park - > c d E t a Q VICINITY MAP CITY OF SAN BERNARDINO Deed Restrictions required by the State of PUBLIC WORKS DEPARTMENT California Department of Parks and REAL PROPERTY SECTION Recreation Relative to Grant Funding for Improvements at Tom Minor Park and Ruber ® indicates un—incorporated areas Campos Community Center at Nunez Park. within City's Sphere of Influence (Rev. September, 2010) Created by: La5zl o / (4a5 ' Packet.Pg. 832 8.F.b 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF DEED RESTRICTIONS FOR TOM MINOR PARK AND THE 3 RUBEN CAMPOS COMMUNITY CENTER LOCATED IN A PORTION OF NUNEZ w C 4 PARK, RELATIVE TO GRANT CONTRACTS WITH THE STATE OF c2 CALIFORNIA DEPARTMENT PARKS AND RECREATION FOR THE 5 INSTALLATION OF CERTAIN IMPROVEMENTS THEREON. a 6 WHEREAS, the City of San Bernardino, through its Parks, Recreation and 7 Community Services Department, has executed Grant Contracts (CONTRACTS) with the 8 ° 9 State of California Department of Parks and Recreation to fund certain recreational N d Cr 10 improvements within Tom Minor Park, located on the comer of Palm Avenue and Irvington v 11 ° Avenue and the Ruben Campos Community Center in a portion of Nunez Park, located at U.7! 12 a 1717 W. 5' Street, both in the City of San Bernardino; and 13 ° N 14 WHEREAS, said CONTRACTS require that Deed Restrictions be recorded on the 0 —" 15 affected properties, copies of which are attached as Exhibit "1" and Exhibit "2" and made a '� O! 16 part hereof, as set forth in said CONTRACTS, copies of which are attached as Exhibits "B" a 17 of said Deed Restrictions and made a part hereof. o w ° 18 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE `o 19 CITY OF SAN BERNARDINO AS FOLLOWS: 20 SECTION 1. That the Mayor of the City of San Bernardino is hereby authorized 21 > 22 and directed to execute said Deed Restrictions. CL Q 23 SECTION 2. That the City Clerk is hereby authorized and directed to file, or cause y d o: 24 to be filed, said Deed Restrictions with the office of the County Recorder of San Bernardino d 25 County. U 26 27 28 PacketPg. 833 1 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF DEED RESTRICTIONS FOR TOM MINOR PARK AND THE RUBEN CAMPOS COMMUNITY 3 CENTER LOCATED IN A PORTION OF NUNEZ PARK, RELATIVE TO GRANT CONTRACTS w WITH THE STATE OF CALIFORNIA DEPARTMENT PARKS AND RECREATION FOR THE c 4 INSTALLATION OF CERTAIN IMPROVEMENTS THEREON. N 5 x I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor a 6 7 and Common Council of the City of San Bernardino at a meeting N 8 thereof,held on the_day of 2012,by the following vote,to wit: o U 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 MARQUEZ o 11 U- 12 JENKINS 74 13 VALDIVIA 14 SHORETT 15 KELLEY L N 16 JOHNSON 17 MCCAMMACK 18 ° ° 19 U d 20 Georgeann Hanna,City Clerk w rn c 21 The foregoing resolution is hereby approved this day of 2012. 'o 22 C 23 Patrick J. Morris, Mayor 24 City of San Bernardino 25 s Approved as to form: @ 26 JAMES F. PENMAN, a City Attorney 27 _ 28 By: Packet Pg. 834 8.F.b 1 2 3 N 4 ` c� N 5 a 6 7 N 8 O ; 9 N d to d 11 � J 12 13 14 O 15 N 16 17 d 0 w 18 0 0 19 U d 20 W 21 O C 22 a Q 23 24 d 25 t U 26 a 27 28 Packet Pg. 835 8.F.c 1 RECORDING REQUESTED BY: California Department of Parks and Recreation EXHIBIT 2 Office of Grants and Local Services N G 3 WHEN RECORDED MAIL TO: Office of Grants and Local Services N 4 PO Box 942896 Sacramento,CA 94296-0001 a 5 Attn: Cristelle Taillon m 6 N N 7 C O $ DEED RESTRICTION N d 9 d 10 1. WHEREAS,City of San Bernardino(hereinafter referred to as"Owner(s)"is/are o LL i J 11 recorded owner(s)of the real property described in Exhibit A,attached and incorporated herein by EL 12 reference(hereinafter referred to as the"Property");and 13 II. WHEREAS,The City of San Bernardino(hereinafter referred to as"Applicant(s)") © 14 III. WHEREAS,the California Califomia Department of Parks and Recreation(hereinafter referred to O U 15 a as"DPR")is a public agency created and existing under the authority of section 5001 of the California 16 LL Public Resources Code(hereinafter referred to as the"PRC").And 0 17 2 W. WHEREAS,Owner(s)(or Applicants)applied to DPR for grant funds available pursuant E 18 0 F- to the 2002 Resources Bond Act,Per Capita for improvements on the Property;and o 19 2 U 20 V. WHEREAS,DPR's Office of Grants and Local Services approved Grant 02-36-063A, 'N m 21 (hereinafter referred to as"Grant")on the Property,subject to,among other conditions,recordation of this y m 22 Deed Restriction on the Property;and ° 23 VI. WHEREAS,but for the imposition of the Deed Restriction condition of the Grant,the a r X 24 Grant would not be consistent with the public purposes of the 2002 Resources Bond Act, Per Capita and w c 25 the funds that are the subject of the Grant could therefore not have been granted; and E r U 26 VII. WHEREAS,Owner(s)has/ve elected to comply with the Deed Restriction of the Grant, 27 so as to enable Owner(s),to receive the Grant funds and perform the work described in the Grant; 1 Packet Pg. 836 NOW,THEREFORE,in consideration of the issuance of the Grant funds by DPR,the t z undersigned Owner(s)for himself/herself/themselves and for his/her/their heirs, assigns,and successors- H 3 in-interest,hereby irrevocably covenant(s)with DPR that the condition of the grant(set forth at L t7 4 paragraph(s) I through 3, 7,&5 and in Exhibit B hereto) shall at all times on and after the date on which Y m 5 this Deed Restriction is recorded constitute for all purposes covenants,conditions and restrictions on the d Y Y 6 use and enjoyment of the Property that are hereby attached to the deed to the Property as fully effective v1 N C 7 components thereof. o ti 8 1. DURATION. (a)This Deed Restriction shall remain in full force and effect and shall ; m 9 � bind Owner(s)and all his/her/their assigns or successors-in-interest for the period running from July 1, d m 10 2011 through June 30,2031. J t 1 2 TAXES AND ASSESMENTS. It is intended that this Deed Restriction is irrevocable 12 and shall constitute an enforceable restriction within the meaning of a)Article XIII, section 8,of the m 13 California Constitution;and b) section 402.1 of the California Revenue and Taxation Code or successor m 14 (y statue. Furthermore,this Deed Restriction shall be deemed to constitute a servitude upon and burden to a 15 Y 16 the Property within the meaning of section 3712(d)of the California Revenue and Taxation Code,or a 0 v successor statue,which survives a sale of tax-deeded property. 18 3. RIGHT OF ENTRY. DPR or its agent or employees may enter onto the Property at time F c tq reasonably acceptable to Owner(s)to ascertain whether the use restrictions set forth above are being 0 w v 20 observed. 21 4. REMEDIES. Any act,conveyance,contract,or authorization by Owner(s)whether m m 0 22 written or oral which uses or would cause to be used or would permit use of the Property contrary to the Y 23 terms of this Deed Restriction will be deemed a violation and a breach hereof. DPR may pursue any and L X 24 w all available legal and/or equitable remedies to enforce the terms and conditions of this Deed Restriction. m 25 In the event of a breach,any forbearance on the part of DPR to enforce the terms and provisions hereof 26 m i shall not be deemed a waiver of enforcement rights regarding any subsequent breach. a O 27 2 Packet Pg. 837 5. SEVERABILITY. If any provision of these restrictions is held to be invalid,or for any 2 reason becomes unenforceable,no other provision shall be affected or impaired. N C 3 4 Dated: 20_ Y `m IL 5 d m 6 Business Name(if property is owned by a business): W N 7 C O U S CITY OF SAN BERNARDINO ` N d 9 EXHIBIT COPY Signed: Signed: � m 10 PATRICK J. MORRIS, Mayor PRINT/TYPE NAME&CAPACITY OF ABOVE PRINT/TYPE NAME&CAPACITY OF ABOVE -! 11 (GRANTEE'S AUTHORIZED REPRESENTATIVE) IL K I .. 12 00 13 o ATTEST: L 14 City Clerk c7 U 15 a Y 16 Approved as to form: a `0 17 2 JAMES F.PENMAN,City Attorney E 18 0 H 19 0 U 20 It 21 N d 0 22 **NOTARY ACKNOWLEDGEMENT ON THE NEXT PAGE** 23 a x x 24 W c 25 E U U 26 0 a ® 27 3 Packet Pg. 838 8.F.c I State of California 2 County of a c R 3 On before me, a Notary Public, N 4 Y personally appeared who proved to me on the basis of a s v satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and 6 N acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that N 7 0 by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the v a N person(s)acted,executed the instrument. 9 0 10 I certify under PENALTY OF PERJURY under the laws of the State of California that the m 0 LL 1t foregoing paragraph is true and correct. a j 12 �o WITNESS my hand and official seal. L0_ 13 Signature (Seal) E [v/ 14 C7 a. a 15 State of California Y m 16 County of 0 L c 17 On before me, a Notary Public, E 18 personally appeared who proved to me on the basis of 19 0 satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and 20 acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that 21 v by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the p 22 person(s)acted,executed the instrument. 23 L 24 I certify under PENALITY OF PERJURY under the laws of the State of California that the w c 25 foregoing paragraph is true and correct. E E U 26 0 WITNESS my hand and official seal. O 27 Signature (Seal) 4 Packet Pg. 839 a.F.a EXHIBIT "A" Legal Description for Tim Minor Park r c m APN: 0261-691-48 N Y a LOT "A" OF TRACT NO. 16457 AS PER MAP RECORDED IN BOOK 308 OF MAPS, PAGES 19-22, RECORDS OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY, STATE OF CALIFORNIA. c 0 .0 H m v d LL J a v, C R U a Y M a 0 c_ E 0 c 0 a U Vi d A d J Q a t K w c m E r U R a Paclia�Pg�y a 8.F.e State of California— Natural Resources Agency DEPARTMENT OF PARKS AND RECREATION GRANT CONTRACT 2002 Resources Bond Act Per Capita N GRANTEE City of San Bernardino THE PROJECT PERFORMANCE PERIOD IS FROM July 01 2011 through June 30.2015 N Y R CONTRACT PERFORMANCE PERIOD IS FROM July 01 2011 through June 30,2031 a The Grantee agrees to the terms and conditions of this Contract, and the State of in California, acting through its Director of Parks and Recreation pursuant to the Per Capita in the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal o Protection Act of 2002, agrees to fund the total Project Grant Amount indicated. THESE FUNDS ARE FOR THE ACQUISITION AND DEVELOPMENT OF NEIGHBORHOOD, COMMUNITY, AND REGIONAL PARKS AND RECREATION LANDS AND FACILITIES. 0 C of San Ben ardino The General and Special Provisions attached are made a U. Gra ee part of and Incorporated Into the Contract. a Ix g — STATE OF CA�iFORNIA ' (Signature of Auihori d Representative) DEPARTMENT OF'PgRKS AND RECREATION urOi Co Title: Director.Parks Recreation&Community Services By //j // r Date: t� _ Date: T f7 U a CERTIFICATION OF FUNDING s m a CONTRACT NO AMENDMENT NO CALSTRS VENDOR NO PROJECT NO C CO231075 000000410400 AMOUNT ENCUMBERED BY THIS FUND E OOCUMENT Clean Water,Cln Air,Ceti Protc Fd, CA F $346,841 PRIOfiAMOUNT ENCUMBERED By THIS ~ ITEM CHAPTER STATUTE FISCAL YEAR ro CONTRACT 3790-103-6029(1) 33111 11 2011112 0 ° TOTAL AMOUNT ENCUMBERED TO DATE INDEX Oad.EXPEND PCA PROJECTN/ORK Ix $346,841 1091 702 d�p PHASE C T.B.A.NO I hereby codify upon my own personal knowledge that budgeted funds are available for this encumbrance. N E t U 0 B.R.NO SIGNATURE OF ACCOUNTING OFFICER DATE Q a.utJ y,. 11 iJ II EXHIBIT "B" PacketPg.841 8.F.e GRANT CONTRACT This AGREEMENT is hereby made and agreed upon by the State of California, acting through the California Department of Parks and Recreation (hereinafter referred to as "STATE") and City of San Bernardino (hereinafter referred to as "GRANTEE") pursuant to the Per Capita in the California Clean Water, Clean Air, Safe Neighborhood Parks, and w Coastal Protection Act of 2002. c m 'L^ V N RECITALS y m a 1. On or about 12/15/2003 the STATE and GRANTEE entered into Grant Contract #CO207393(hereinafter referred to as "PREVIOUS CONTRACT")for an amount not to exceed in 835 000. This grant was funded in accordance with the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002, also known as Proposition 40. 0 2. The completion date set forth in the PREVIOUS CONTRACT was 6130/2011. The GRANTEE did not complete the grant project(s)or spend its entire allocation prior to the contract liquidation date and, therefore, is not discharged from its obligations under the PREVIOUS CONTRACT. m 3. Pursuant to the PREVIOUS CONTRACT, STATE disbursed grant funds to GRANTEE in the d total amount of 835 000, leaving a balance in the amount of 346,841 for use by GRANTEE. 7. On or about June 30, 2011, Chapter 33 of the Statutes of 2011 (hereinafter"Budget Bill of 2011/12")was enacted. Item 3790-401 stated that all grant funds previously appropriated from Proposition 40 that have not been expended by grant recipients prior to June 30, 2011 shall revert to the funds from which the appropriations were made. This provisions effectively terminated STATE's authority to pay out further grant funds under the PREVIOUS CONTRACT. 0 c� Pursuant to section 3790-103-6029 of the Budget Bill of 2011112, the Legislature appropriated a an amount equivalent to the balance remaining on June 30, 2011 in the 2002 California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Bond Fund. The a- Legislature made these funds available for grants previously appropriated from Proposition 40 S funds which are deemed to have the highest priority statewide consistent with Section 5096.633 5 of the Public Resources Code. These funds are available for encumbrance on or before June 30, 2013. Per Government Code section 16304, the liquidation period of these funds is 0 extended to on or before June 30, 2015. m 5. Pursuant to the Budget Bill of 2011/12, item number 3790-103-6029 and 3790-401, STATE and GRANTEE agree to enter into this Agreement(hereinafter referred to as "CONTRACT"). t which establishes terms and conditions that allow the expenditure of the newly appropriated w grant funds established by Senate Bill 87 to complete the project(s) set forth in the CONTRACT, STATE and GRANTEE agree to cancel the PREVIOUS CONTRACT and agree to be bound by the terms and conditions of this CONTRACT. m 1 Packet Pg. 842 8.F.e TERMS AND CONDITIONS The STATE, pursuant to the Per Capita in the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002, and through authority granted by section 3790-103-6029 of the Budget Bill of 2011112, hereby grants to GRANTEE a sum (hereinafter referred to as"GRANT MONIES") not to exceed $346,841 subject to the terms and conditions of this CONTRACT, the GUIDES, any legislation applicable to the ACT, and the APPLICATION. E N In consideration thereof GRANTEE agrees to abide by the terms and conditions of this Y CONTRACT as well as the provisions of the ACT. GRANTEE acknowledges that the a GRANT MONIES are not a gift or a donation. °' m In addition to the terms and conditions of this CONTRACT, the parties agree that the terms and conditions contained in the documents set forth below are hereby incorporated into and made part of this CONTRACT. N d g. The PROCEDURAL GUIDE; o In. The submitted APPLICATION(S). d d a LL 1. GENERAL PROVISIONS a o! A. Definitions N As used in this CONTRACT, the following words shall have the following meanings: c 37.The term "ACQUISITION" means to obtain fee title of real property or a permanent easement which provides the recipient permanent rights to use the property for the a purposes of the project. Leases or rentals do not constitute ACQUISITION, a 38.The term "ACT" means the statutory basis for these grant programs. o c 39.The term `APPLICATION" means the individual project application packets)for a grant(s) pursuant to the enabling legislation and/or grant program process guide 0 requirements. m 40.The term "COMPETITIVE GRANT PROGRAM"means the Urban Park Act of 2001, the Murray Hayden Urban Youth Services Program, the State Urban Parks and x Healthy Communities Act, the Roberti-Z'berg-Harris Nonurban Needs Basis, Roberti- W Z'berg-Harris Urban Needs Basis or California Youth Soccer and Recreation Development program. E s 41.The term "CONTRACT PERFORMANCE PERIOD" means the period of time described in Section 1 of this CONTRACT. The"CONTRACT PERFORMANCE a PERIOD" means the period of time during which the GRANTEE must use the property acquired or developed with the grant for purposes consistent with the grant. © 2 Packet Pg. 843 8.F.e 42.The term "DEVELOPMENT' means capital improvements to real property by means of construction of permanent or fixed features of the property. 43.The term "GRANT PERFORMANCE PERIOD"means the period of time described in the Section I of this contract during which eligible costs can be charged to the grant and which begins on the date of appropriation and ends on the fund liquidation date. N C 44.The term "GRANT SCOPE" means the items listed in the GRANT SCOPE/Cost @ Estimate Form(s)found in the APPLICATION(s). N Y 45.The term "PROCEDURAL GUIDE" means the document identified as the"Procedural a Guide for the 2002 Resources Bond Act[subprogram name], The GUIDE provides the d procedures and policies controlling the administration of the grant. .2 cn 46. The term "PROJECT TERMINATION" refers to the non-completion of a GRANT L SCOPE. 0 U 47. The term "REASONABLE HOURS OF OPERATION" means that the facility is available to the public during days and times consistent with the type of property, the amount of the STATE GRANT MONIES invested in the project, the time of year, and the operating hours of similar facilities in nearby communities. o U- 48. The term "STATE" refers to the State of California acting by and through the ! California Department of Parks and Recreation. IL LO Lo B. Project Execution 22. Subject to the availability of GRANT MONIES in the ACT,the STATE hereby grants to the GRANTEE a sum of money not to exceed the amount stated in Section I of this a CONTRACT, in consideration of, and on condition that,the sum be expended in s carrying out the purposes set forth in the GRANT SCOPE(S), and under the terms and a conditions set forth in this CONTRACT. 0 The GRANTEE shall assume the obligation to furnish any additional funds that may be necessary to complete the GRANT SCOPE(S). E 23.All changes and alterations to the GRANT SCOPE must be approved in writing by the r0 STATE. GRANTEE'S failure to comply with this provision may be construed as a m breach of the terms of the CONTRACT and result in the enforcement of the Project 9 Termination provision section E.found in this CONTRACT. x If the contract was funded under a COMPETITIVE GRANT PROGRAM, the W GRANTEE agrees that any other project changes or alterations which deviate from the project selection criteria responses provided by the GRANTEE In the original E competitive APPLICATION must be submitted in writing to the STATE for prior m approval. This requirement is necessary to maintain the integrity of the competitive grant process. a 3 Packet Pg. 844 B.F.e 24.The GRANTEE shall complete the GRANT SCOPE in accordance with the time of the GRANT PERFORMANCE PERIOD set forth on page one of this CONTRACT, and under the terms and conditions of this CONTRACT. 25.The GRANTEE shall comply with the California Environmental Quality Act(Public Resources Code, Section 21000, et. seq.,Title 14, California Code of Regulations, Section 15000 et. seq.). c 26,The GRANTEE shall at all times comply with all applicable current laws and regulations E affecting ACQUISITION and DEVELOPMENT projects, including, but not limited to, N legal requirements for construction contracts, building codes, health and safety codes, Y and laws and codes pertaining to individuals with disabilities, including but not limited to a the Americans With Disabilities Act of 1990(42 U.S.C. §12101 et.seq.)and the California Unruh Act(California Civil Code §51 et seq.) 27. If the GRANT SCOPE Includes ACQUISITION of real property, the GRANTEE agrees to comply at all times with all applicable State and local laws or ordinances o affecting relocation and real property ACQUISITION. 28. GRANTEE agrees that lands acquired with GRANT MONIES shall not be acquired through the use of eminent domain. d d 0 C. Project Costs a o: 7. GRANTEE agrees to abide by the GUIDES. N B. GRANTEE acknowledges that the STATE may make reasonable changes to its procedures as set forth in the GUIDES. If the STATE makes any changes to its procedures and guidelines, STATE agrees to notify GRANTEE within a reasonable time. U a Y D. Project Administration a `o 19. If GRANT MONIES are advanced for ACQUISITION projects, the GRANT MONIES shall be placed in an escrow account by GRANTEE. If GRANT MONIES are advanced E and not expended, GRANTEE shall return the unused portion of the advanced funds to r the STATE within 60 days after the close of escrow. m 20.If GRANT MONIES are advanced for DEVELOPMENT projects,the advanced funds shall be placed in an interest bearing account by GRANTEE until expended. Advanced x funds must be spent within six months from the date of receipt, unless the STATE W provides GRANTEE with a written waiver of this requirement. Interest earned on the d advanced funds shall be used on the project as approved by the STATE. If GRANT E MONIES are advanced and not expended,the unused portion of the grant and any interest earned shall be returned to the STATE within 60 days after project completion M or the end of the GRANT PERFORMANCE PERIOD whichever is earlier, a 21.The GRANTEE shall submit written project status reports within 30 calendar days after the STATE has made such a request. In any event, the GRANTEE shall provide the 4 PacketPg. 845 B.F.e STATE a report showing total final project expenditures within 60 days of project completion or the end of the GRANT PERFORMANCE PERIOD, whichever is earlier. The GRANT PERFORMANCE PERIOD is identified on page one of this CONTRACT. 22.The STATE shall have the right to inspect all property or facilities acquired and/or developed pursuant to this CONTRACT and the GRANTEE shall make such property or facilities available for inspection upon 24 hours notice from the STATE. L 23,The GRANTEE and the STATE agree that if the GRANT SCOPE includes DEVELOPMENT, final payment may not be made until the work described in the Y GRANT SCOPE is complete, a m 24.Any grant funds that have not been expended by the GRANTEE shall revert to the w STATE. N G O E. Deed Restriction 2 4. In order to ensure that property improved or acquired with GRANT MONIES are N used for purposes consistent with the grant, if the property acquired or developed with GRANT MONIES is owned by the GRANTEE, the GRANTEE must record a deed restriction on the title to property prior to receiving payments for o any purpose other than acquisition. The Deed Restriction shall include the LL following elements: J m. DURATION. (a)This Deed Restriction shall remain in full force and effect and shall bind Owner(s)and all his/her/their assigns or successors-in-Interest during the CONTRACT PERFORMANCE PERIOD. n. TAXES AND ASSESMENT,,S. The Deed Restriction shall be irrevocable and shall constitute an enforceable restriction within the meaning of a)Article XIII, section 8, of the California Constitution; and b)section 402.1 of the California E Revenue and Taxation Code or successor statue. Furthermore, the Deed Restriction shall be deemed to constitute a servitude upon and burden to the a Property within the meaning of section 3712(d)of the California Revenue and Y Taxation Code, or successor statue, which survives a sale of tax-deeded a property. c o. RIGHT OF ENTRY. STATE or its agent or employees may enter onto the Property at times reasonably acceptable to Owner(s)to ascertain whether the E use restrictions set forth above are being observed. 0 p. 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 m use of the Property contrary to the terms of the Deed Restriction will be deemed a violation and a breach hereof. STATE may pursue any and all available legal and/or equitable remedies to enforce the terms and conditions of the Deed w Restriction. In the event of a breach, any forbearance on the part of STATE to enforce the terms and provisions hereof shall not be deemed a waiver of E enforcement rights regarding any subsequent breach. m F. Project Termination a 13. In the event of non-completion of a GRANT SCOPE, the GRANTEE shall return all GRANT MONIES to the STATE. 5 Packet Pg. 846 8.F.e 14.This CONTRACT may be rescinded, modified or amended only by mutual written CONTRACT between the GRANTEE and the STATE, unless the provisions of this CONTRACT provide that mutual CONTRACT is not required for a rescission, modification or CONTRACT. 15. Failure by the GRANTEE to comply with the terms of this CONTRACT, as well as any other grant contracts or other CONTRACTs that GRANTEE has entered into with STATE, may be cause for suspension of all obligations of the STATE under this N CONTRACT unless the STATE determines that such failure was due to no fault of the m GRANTEE. In such case, STATE may reimburse GRANTEE for eligible costs properly a incurred in performance of this CONTRACT despite non-performance of the :' GRANTEE. To qualify for such reimbursement, GRANTEE agrees to mitigate its losses in to the best of its ability. N C 16,The GRANTEE agrees that in the event of a breach of this CONTRACT, the STATE °- may seek, in addition to all remedies provided by law, specific performance of the c CONTRACT in accordance with the purpose of the CONTRACT to preserve, protect and increase the quantity and quality of parks, public recreation facilities, opportunities rr and/or historic resources available to the people of the State of California. 0 LL J G. Budget Contingency Clause a. rr For purposes of this program, if funding for any fiscal year is reduced or deleted by the budget LO act, executive order, the legislature, or by any other provision of statute, the STATE shall have w the option to either cancel this contract with no liability occurring to the STATE, or offer a CONTRACT to GRANTEE to reflect a reduced grant amount.This paragraph shall not require the mutual CONTRACT as addressed in Paragraph E, subsection 2, of this CONTRACT. U d Y H. Indemnity a 16.The GRANTEE shall waive all claims and recourse against the STATE including the °c right to contribution for loss or damage to persons or property arising from,growing out 2 of or in any way connected with or incident to this CONTRACT except valid legal claims o arising from the concurrent or sole negligence of the STATE, its officers, agents, and 0 employees. m 17.To the fullest extent of the law, the GRANTEE shall indemnify, hold harmless and r defend the STATE, its officers, agents and employees against any and all claims, w demands,damages, costs, expenses or liability costs arising out of the ACQUISITION, DEVELOPMENT, construction, operation or maintenance of the property described as m the project which claims, demands or causes of action arise under California s Government Code Section 895.2 or otherwise except for liability arising out of the M concurrent or sole negligence of the STATE, its officers, agents, or employees. 18.The GRANTEE agrees that in the event the STATE is named as codefendant under the provisions of California Government Code Section 895 et. seq., the GRANTEE 6 Packet Pg. 847 8.F.e shall notify the STATE of such fact and shall represent the STATE in the legal action unless the STATE undertakes to represent itself as codefendant in such legal action in which event the STATE shall bear its own litigation costs, expenses, and attorney's fees. 19.The GRANTEE and the STATE agree that in the event of judgment entered against the STATE and the GRANTEE because of the concurrent negligence of the STATE and the GRANTEE, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. N Y 20.The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, a agents and employees against any and all claims, demands, costs, expenses or liability costs arising out of legal actions pursuant to items to which the GRANTEE has y certified. The GRANTEE acknowledges that it is solely responsible for compliance with items to which it has certified. 0 U I. Financial Records N rr e 7. The GRANTEE shall maintain satisfactory financial accounts, documents and records for the project and make them available to the STATE for auditing at reasonable times. o The GRANTEE also agrees to retain such financial accounts, documents and records LL for five years following project termination or final payment,whichever is later. a B. The GRANTEE shall keep such records as the STATE shall prescribe, including Ln records which fully disclose(a)the disposition of the proceeds of GRANT MONIES, (b) the total cost of the project; (c)the amount and nature of project funds provided by other sources, and (d)any other records that will facilitate an effective audit of use of R the GRANT MONIES, U a 3. The GRANTEE agrees that the STATE shall have the right to inspect and make copies Y of any books, records or reports pertaining to this CONTRACT or matters related i thereto during regular office hours. The GRANTEE shall maintain and make available o for inspection by the STATE accurate records of all of its costs, disbursements and E receipts with respect to its activities under this CONTRACT. Such accounts, documents, and records shall be retained by the GRANTEE for 5 years following final o payment of GRANT MONIES. ~ m 4. The GRANTEE shall use a generally accepted accounting system. r J. Use of Facilities w 25.The GRANTEE agrees to operate and maintain any property acquired or developed with the GRANT MONIES for the duration of the CONTRACT PERFORMANCE E s PERIOD. U 26.The GRANTEE agrees that during the CONTRACT PERFORMANCE PERIOD, any a income earned by the GRANTEE from a STATE approved non-recreational use of 7 Packet Pg. 848 8.F.e the project shall be used for recreational purposes at the project, or, if approved by the STATE,for recreational purposes within the GRANTEE'S jurisdiction. 27. If the APPLICATION does not specify the days and hours of operation, the facility will have REASONABLE OPERATING HOURS. The GRANTEE shall request the STATE'S approval before making any changes to the hours of operation. N c 28. If the APPLICATION specifies the hours of operation, the facility shall have operating hours consistent with the times proposed in the APPLICATION and be open to y members of the public in accordance with the project selection criteria in the APPLICATION, unless otherwise granted permission by the STATE and except as a noted under the special provisions of this CONTRACT or under provisions of the m enabling legislation and/or grant program. in 29.The GRANTEE agrees that for the duration of the CONTRACT PERFORMANCE c PERIOD, any property acquired or developed with GRANT MONIES under this 2 CONTRACT shall be used only for the purposes of the grant and consistent with the GRANT SCOPE referenced in the APPLICATION unless prior written approval is given by the STATE. v m 30.The GRANTEE agrees to use any property acquired or developed with GRANT o MONIES under this CONTRACT only for the purposes of the grant and no other use, U- sale, or other disposition shall be permitted except as authorized by a specific act of a the legislature in which event the property shall be replaced by the GRANTEE with property of equivalent value and usefulness as determined by STATE. 31.The property acquired or developed with GRANT MONIES may be transferred to another eligible entity only if the successor entity assumes the obligations imposed under this CONTRACT and with written approval of the STATE. 0 U EL 32.Any real property acquired or developed with GRANT MONIES (including any Y portion of it or any interest in it) may not be used as security for any debt or a mitigation, without the written approval of the STATE provided that such approval o shall not be unreasonably withheld as long as the purposes for which the GRANT = MONIES were awarded are maintained. Any such permission that is granted does 2 not make the STATE a guarantor or a surety for any debt or mitigation, nor does it o waive the STATE'S rights to enforce performance under this CONTRACT. ~ m 8. All real property, or rights thereto, acquired with GRANT MONIES shall be subject to an appropriate form of restrictive title, rights, or covenants required and approved by x the STATE. If the project property is taken by use of eminent domain, GRANTEE w shall reimburse the STATE an amount at least equal to the amount of GRANT MONIES received from the STATE or the pro rated full market value of the real property, including improvements, at the time of sale, whichever is higher. 9. If eminent domain proceedings are initiated against GRANTEE, GRANTEE shall a notify STATE within 10 days of receiving the complaint. 8 Packet Pg. 849 8.F.e K. Nondiscrimination 7. The GRANTEE shall not discriminate against any person on the basis of sex, race, creed, color, national origin, age, religion, ancestry, sexual orientation, disability, medical condition, or marital status in the use of property or a specific facility included in the GRANT SCOPE(S). N c 8. The GRANTEE shall not discriminate against any person on the basis of residence, and shall not apply differences in admission or other fees on the basis of residence. N Fees shall be reasonable and not unduly prevent use by economically Y disadvantaged members of the public. a d m N L. Severability N C If any provision of this CONTRACT or the application thereof is held invalid, that invalidity c shall not affect other provisions or applications of the CONTRACT which can be given effect U without the invalid provision or application, and to this end the provisions of this contract are severable. 0: m d M. Liability ° J STATE assumes no responsibility for assuring the safety of construction, site improvements a or programs related to the GRANT SCOPE. The STATE'S rights under this CONTRACT to review, inspect and approve the GRANT SCOPE and any final plans of implementation shall not give rise to any warranty or representation that the GRANT SCOPE and any plans or improvements are free from hazards or defects. m c� N. Assignability a Y Without the written consent of the STATE, the GRANTEE'S interest in and responsibilities a under this CONTRACT shall not be assignable by the GRANTEE either in whole or in part. 0 c_ O. Section Headings o H The headings and captions of the various sections of this CONTRACT have been inserted m only for the purpose of convenience and are not a part of this CONTRACT and shall not be deemed in any manner to modify, explain, or restrict any of the provisions of this t CONTRACT. W v E U 10 a 9 Packet Pg. 850 k P. Waiver Any failure by a party to enforce its rights under this CONTRACT, in the event of a breach, shall not be construed as a waiver of said rights; and the waiver of any breach under this CONTRACT shall not be construed as a waiver of any subsequent breach. N City of San Bernar ino m Grantee _ N By: Signature of Authorized Representative (Position Authorized in the Resolution) a d m Title: Director Parks Recreation & Community Services \Z N Date: U N d d U 0 LL J a co o! co c C7 V IL Y 10 a 0 c_ E 0 F- m_ s x w c d E U U Q 10 Packet Pg. 851 AUDIT CHECKLIST An audit of the project may be performed. The grantee must retain and make available all project related records for a minimum of three years following project termination or final payment of grant funds. Listed below are some of the items the auditor will examine during the review of your records as applicable. It is the responsibility of the grantee to have these records available in a central location ready for review once an audit date and time has been confirmed. If you have any questions regarding these documents, you may contact the State Department of Parks and Recreation Audits Office at(916)445-8999. CONTRACTS MINOR CONTRACTSIMATERIALSISERVICESIEQUIPMENT r RENTALS Summary list of bidders(including individual bid packages) Purchase orders/Contracts/Service Agreements a Y Recommendation by reviewer of bids Invoices a Awarding by governing body(minutes of the Payments(actual cancelled checks/warrants") (D meeting/resolution) in Construction contract agreement ACQUISITION a Contract bonds (bid, performance,payment) Appraisal Report Contract change orders — Did the owner accompany the appraiser? N m Contractor's progress billings 10 year history v m Payments to contractor(cancelled checks/warrants") Statement of just compensation(signed by seller) o LL Stop Notices(filed by sub-contractors and release if Statement of difference(if purchased above –r applicable) appraisal) a Liquidated damages(claimed against the contractor) Waiver of just compensation (if purchased below to appraisal; signed by seller) co Notice of completion(recorded) Final Escrow Closing Statement c T FORCE LABOR' Cancelled checks/warrants(payment(s)to seller(s)) T U Authorization/work order identifying project Grant deed(vested to the participant)or final order of Y condemnation Daily time sheets signed by employee and supervisor y _ Title Insurance policy(issued to participant) Hourly rate(salary schedules/payroll register) °c Relocation documents g Fringe benefits(provide breakdown) E — Income(rental,grazing,sale of improvements,etc.) c IN-HOUSE EQUIPMENT' o] INTEREST Authorization/work order a Schedule of Interest earned on State funds advanced Daily time records identifying the project site Note: Interest on grant advances Is accountable, w even if commingled in a pooled fund account and/or Hourly rate related backup documents interest was never allocated back to the grant fund, 0 E AGREEMENT/CONTRACTS u m Leases,agreements,etc.,pertaining to Q developed/acquired property Estimated time expended on the projects is not acceptable. Actual time records and all supporting documentation must be maintained as charges are incurred and made available for verification at the time of audit. " Front and back if copied. Revised 1/12/2006 1 RECORDING REQUESTED BY: California Department of Parks and Recreation EXHIBIT "2" 2 Office of Grants and Local Services N Y C 3 WHEN RECORDED MAIL TO: Office of Grants and Local Services Y 4 PO Box 942896 m Sacramento,CA 94296-0001 a 5 Attn: Cristelle Taillon R 6 V1 r 7 O 8 DEED RESTRICTION N d K 9 v d 10 I. WHEREAS,City of San Bernardino(hereinafter referred to as"Owner(s)"is/are c" LL J 11 recorded owner(s)of the real property described in Exhibit A,attached and incorporated herein by IL 12 reference(hereinafter referred to as the"Property"); and LO co 13 11. WHEREAS,the City of San Bernardino(hereinafter referred to as"Applicant(s)") ^ c cc 14 III. WHEREAS,the California Department of Parks and Recreation(hereinafter referred to � x 15 a as"DPW')is a public agency created and existing under the authority of section 5001 of the California 0 CL 16 E Public Resources Code(hereinafter referred to as the"PRC").And t j 17 c IV. WHEREAS,Owner(s)(or Applicants)applied to DPR for grant funds available pursuant 18 to the 2002 Resources Bond Act, State Urban Parks&Healthy Communities Program for c 19 u improvements on the Property; and 20 ai K 21 V. WHEREAS,DPR's Office of Grants and Local Services approved Grant PH-36-001A, d 22 (hereinafter referred to as"Grant")on the Property, subject to,among other conditions,recordation of this° ' N 23 Deed Restriction on the Property;and a s X 24 Vt. WHEREAS,but for the imposition of the Deed Restriction condition of the Grant,the ui c d 25 Grant would not be consistent with the public purposes of the 2002 Resources Bond Act, State Urban E v A 26 Parks&Healthy Communities Program and the funds that are the subject of the Grant could therefore Q C27 not have been granted; and 1 Pac , g. 853 i VII. WHEREAS,Owner(s)has/ve elected to comply with the Deed Restriction of the Grant, t z so as to enable Owner(s),to receive the Grant funds and perform the work described in the Grant; w 3 NOW,THEREFORE,in consideration of the issuance of the Grant funds by DPR,the 0 4 undersigned Owner(s)for himself/herself/themselves and for his/her/their heirs,assigns,and successors- Y A 5 in-interest,hereby irrevocably covenant(s)with DPR that the condition of the grant(set forth at m m 6 paragraph(s) 1 through 3, 14,&5 and in Exhibit B hereto)shall at all times on and after the date on whit rn N 7 this Deed Restriction is recorded constitute for all purposes covenants,conditions and restrictions on the c v 8 use and enjoyment of the Property that are hereby attached to the deed to the Property as fully effective a m z 9 components thereof d v m 10 1. DURATION. (a)This Deed Restriction shall remain in full force and effect and shall o LL IL J 11 bind Owner(s)and all his/her/their assigns or successors-in-interest for the period running from July 1, 12 2011 through June 30,2031. 13 2. TAXES AND ASSESMENTS. It is intended that this Deed Restriction is irrevocable L ) 14 and shall constitute an enforceable restriction within the meaning of a)Article XIII,section 8,of the = IL 15 y' 16 California Constitution;and b)section 402.I of the California Revenue and Taxation Code or successor E A statue. Furthermore,this Deed Restriction shall be deemed to constitute a servitude upon and burden to V 17 c a 18 the Property within the meaning of section 3712(d)of the California Revenue and Taxation Code,or c 19 successor statue,which survives a sale of tax-deeded property. 0 20 3. RIGHT OF ENTRY. DPR or its agent or employees may enter onto the Property at timesd 21 reasonably acceptable to Owner(s)to ascertain whether the use restrictions set forth above are being m 0 22 observed. n Z 23 4. REMEDIES. Any act,conveyance,contract,or authorization by Owner(s)whether 'r W 24 written or oral which uses or would cause to be used or would permit use of the Property contrary to the m 25 E terms of this Deed Restriction will be deemed a violation and a breach hereof. DPR may pursue any and m 26 all available legal and/or equitable remedies to enforce the terms and conditions of this Deed Restriction. 27 2 i In the event of a breach,any forbearance on the part of DPR to enforce the terms and provisions hereof 1 shall not be deemed a waiver of enforcement rights regarding any subsequent breach. 2 N 3 5. SEVERABILTTY. If any provision of these restrictions is held to be invalid,or for any L t, 4 reason becomes unenforceable,no other provision shall be affected or impaired. s m a 5 ea 6 Dated: 120_ vi N C 7 O r V 8 Business Name(if property is owned by a business): y d 9 CITY OF SAN BERNARDINO to Signed: Signed: EXHIBIT COPY ° 11 IL PATRICK J.MORRIS,Mayor 12 PRINT/TYPE NAME&CAPACITY OF ABOVE PRINT/TYPE NAME&CAPACITY OF ABOVE (GRANTEE'S AUTHORIZED REPRESENTATIVE) 13 O 14 ATTEST: a 15 City Clerk O H O. 16 R 17 Approved as to form: r m a 18 K JAMES F.PENMAN,City Attorney 0 19 u 20 Of 'D 21 d O 22 N a 23 t W 24 "NOTARY ACKNOWLEDGEMENT ON THE NEXT PAGE** d 25 E t m 26 Q © 27 3 Packet Pg. 855 C1 State of California 2 County of N c 3 On before me, a Notary Public, N 4 Y personally appeared who proved to me on the basis of a 5 m satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and a 6 acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that 7 0 by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the .0 8 N person(s)acted, executed the instrument. 9 v 1 I certify under PENALTY OF PERJURY under the laws of the State of California that the o LL 11 foregoing paragraph is true and correct. a a! 12 O WITNESS my hand and official seal. 13 O Signature (Seal) to ` x 15 n State of California o a 16 County of m U 17 On before me, ,a Notary Public, 18 personally appeared who proved to me on the basis of o_ 19 satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and 20 d acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that o: 21 d by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the o 22 N person(s)acted, executed the instrument. a 23 t 24 I certify under PENALITY OF PERJURY under the laws of the State of California that the w c j foregoing paragraph is true and correct. E 25 m 26 WITNESS my hand and official seal. a 27 Signature (Seal) 4 0 © EXHIBIT "A" N Legal Description for Portion of Nunez Park (Ruben Campos Center) C7 h APN: 0138-151-04,0138-161-01,02 Y M a m M R LOTS 20, 21 AND 22 OF BLOCK 24 OF THE RANCHO SAN BERNARDINO,AS PER MAP y RECORDED IN BOOK 7 OF MAPS,PAGE 2,RECORDS OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY, STATE OF CALIFORNIA. o U Z d d N LL J IL �o 00 w © c m a N CL E M U c m a o_ c 0 V a .L U f N 17j N 0 N OI d J a B i r ] w jf c a E r U m a 8.F.h State of California—Natural Resources Agency DEPARTMENT OF PARKS AND RECREATION GRANT CONTRACT 2002 Resources Bond Act State Urban Parks & Healthy Communities Program N GRANTEE City of San Bernardino THE PROJECT PERFORMANCE PERIOD IS FROM July 01 2011 through June 30 2015 N Y CONTRACT PERFORMANCE PERIOD IS FROM July 01 2011 through June 30 2031 n d 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 State Urban Parks & Healthy Communities Program in the California Clean Water, Clean Air, o Safe Neighborhood Parks, and Coastal Protection Act of 2002, agrees to fund the total Project Grant Amount indicated. THESE FUNDS ARE FOR THE ACQUISITION AND DEVELOPMENT OF NEIGHBORHOOD, COMMUNITY, AND REGIONAL PARKS AND RECREATION LANDS AND FACILITIES. o J- Cltv of San B rn rdino a Grantee The General and Special Provisions attached are made a x part of and incorporated into the Contract. By: ignature of Aulhoriz Representative) STATE OF CALIFORNIA o0 DEPARTMENT OF PARKS AND RECREATION Title: Director of Parks Recreation and Community SVCS 1 Dom. BY;- /t. c�.�=._._: m 1� 7 Date: N CERTIFICATION OF FUNDING E CONTRACT NO AMENDMENT NO CALSTRS VENDOR NO PROJECT NO 00231155 000000410400 AMDUNTENCUMBERED BY THIS FUND DOCUMENT Clean Water,Cln Air,Cstl Protc Fd,CA ' $701,864 m PRIOR AMOUNT ENCUMBERED BY THIS ITEM CHAPTER STATUTE FISCAL YEAR CONTRACT 3790-103-6029(1) 33111 11 2011112 X 0 w TOTAL AMOUNT ENCUMBERED TO DATE INDEX OBJ.EXPEND PCA$ 701,864 1091 702 �O�J PHASE E T.B.A.NO I hereby certify upon my own personal knowledge that budgeted funds are avallable for this encumbrance. A B.R.NO SIGNATURE OF A COUNTING OFFICER EXHIBIT "B" Packet Pg.858 8.F.h GRANT CONTRACT This AGREEMENT is hereby made and agreed upon by the State of California, acting through the California Department of Parks and Recreation (hereinafter referred to as "STATE")and City of San Bernardino(hereinafter referred to as "GRANTEE") pursuant to the State Urban Parks & Healthy Communities Program in the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002. c� N RECITALS A a 1. On or about 12/12/2005 the STATE and GRANTEE entered into Grant Contract d #CO216026(hereinafter referred to as"PREVIOUS CONTRACT")for an amount not to exceed 701,86 . This grant was funded in accordance with the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002, also known as Proposition 40. 0 2. The completion date set forth in the PREVIOUS CONTRACT was 6/30/2012. The GRANTEE u did not complete the grant project(s)or spend its entire allocation prior to the contract liquidation w date and, therefore, is not discharged from its obligations under the PREVIOUS CONTRACT. v 3. Pursuant to the PREVIOUS CONTRACT, STATE disbursed grant funds to GRANTEE in the o total amount of 701 864, leaving a balance in the amount of 701,86 for use by GRANTEE. LL J 14.On or about June 30, 2011, Chapter 33 of the Statutes of 2011 (hereinafter"Budget Bill of a- 2011/12")was enacted. Item 3790-401 stated that all grant funds previously appropriated from Proposition 40 that have not been expended by grant recipients prior to June 30, 2011 shall revert to the funds from which the appropriations were made. This provisions w effectively terminated STATE's authority to pay out further grant funds under the PREVIOUS c CONTRACT. c� Pursuant to section 3790-103-6029 of the Budget Bill of 2011/12, the Legislature appropriated = a an amount equivalent to the balance remaining on June 30, 2011 in the 2002 California Clean o Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Bond Fund. The Legislature made these funds available for grants previously appropriated from Proposition 40 E funds which are deemed to have the highest priority statewide consistent with Section 5096.633 c of the Public Resources Code. These funds are available for encumbrance on or before June 30, 2013. Per Government Code section 16304, the liquidation period of these funds is extended to on or before June 30, 2015. m 5. Pursuant to the Budget Bill of 2011112, item number 3790-103-6029 and 3790-401, STATE and GRANTEE agree to enter into this Agreement(hereinafter referred to as "CONTRACT"). which establishes terms and conditions that allow the expenditure of the newly appropriated w grant funds established by Senate Bill 87 to complete the project(s) set forth in the CONTRACT. STATE and GRANTEE agree to cancel the PREVIOUS CONTRACT and agree to be bound by E the terms and conditions of this CONTRACT. A Q 1 Packet 139.859 8.F.h TERMS AND CONDITIONS The STATE, pursuant to the State Urban Parks & Healthy Communities Program in the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002, and through authority granted by section 3790-103-6029 of the Budget Bill of 2011/12, hereby grants to GRANTEE a sum (hereinafter referred to as "GRANT MONIES") not to exceed 701 864 subject to the terms and conditions of this CONTRACT, the GUIDES, c any legislation applicable to the ACT, and the APPLICATION. 0 In consideration thereof GRANTEE agrees to abide by the terms and conditions of this x CONTRACT as well as the provisions of the ACT. GRANTEE acknowledges that the a GRANT MONIES are not a gift or a donation. In addition to the terms and conditions of this CONTRACT, the parties agree that the terms and conditions contained in the documents set forth below are hereby incorporated into and g made part of this CONTRACT. N u. The PROCEDURAL GUIDE; v. The submitted APPLICATION($). d 0 LL I. GENERAL PROVISIONS a m A. Definitions As used in this CONTRACT,the following words shall have the following meanings: m 121. The term "ACQUISITION" means to obtain fee title of real property or a c� permanent easement which provides the recipient permanent rights to use the property a for the purposes of the project. Leases or rentals do not constitute ACQUISITION. o M 122. The term "ACT"means the statutory basis for these grant programs. U c 123. The term "APPLICATION" means the individual project application packet(s)for a grant(s)pursuant to the enabling legislation and/or grant program process guide rr requirements. m 124. The term "COMPETITIVE GRANT PROGRAM" means the Urban Park Act of 2001, the Murray Hayden Urban Youth Services Program, the State Urban Parks X and Healthy Communities Act, the Roberti-Z'berg-Harris Nonurban Needs Basis, W Roberti-Z'berg-Harris Urban Needs Basis or California Youth Soccer and Recreation c v Development program. E r U 125. The term "CONTRACT PERFORMANCE PERIOD" means the period of time described in Section 1 of this CONTRACT.The"CONTRACT PERFORMANCE a PERIOD" means the period of time during which the GRANTEE must use the property acquired or developed with the grant for purposes consistent with the grant. 2 Packet Pg. 860 8.F.h 126. The term "DEVELOPMENT" means capital improvements to real property by means of construction of permanent or fixed features of the property. 127. The term "GRANT PERFORMANCE PERIOD" means the period of time described in the Section I of this contract during which eligible costs can be charged to the grant and which begins on the date of appropriation and ends on the fund liquidation date. R 128. The term "GRANT SCOPE' means the items listed in the GRANT SCOPE/Cost 0 Estimate Form(s)found in the APPLICATION(s). Y m 129. The term "PROCEDURAL GUIDE" means the document identified as the a "Procedural Guide for the 2002 Resources Bond Act[subprogram name].The GUIDE R provides the procedures and policies controlling the administration of the grant. I? N 130. The term "PROJECT TERMINATION" refers to the non-completion of a o GRANT SCOPE. 131. The tern 'REASONABLE HOURS OF OPERATION' means that the facility is available to the public during days and times consistent with the type of property, the amount of the STATE GRANT MONIES invested In the project, the time of year, and the operating hours of similar facilities in nearby communities. ° LL J 132. The term "STATE" refers to the State of California acting by and through the California Department of Parks and Recreation. N B. Project Execution 71. Subject to the availability of GRANT MONIES in the ACT, the STATE hereby grants to x the GRANTEE a sum of money not to exceed the amount stated in Section I of this N CONTRACT, in consideration of, and on condition that, the sum be expended in °o. carrying out the purposes set forth in the GRANT SCOPE(S), and under the terms and E conditions set forth in this CONTRACT. The GRANTEE shall assume the obligation to furnish any additional funds that may be necessary to complete the GRANT SCOPE(S). W 72.All changes and alterations to the GRANT SCOPE must be approved in writing by the m STATE. GRANTEE'S failure to comply with this provision may be construed as a breach of the terms of the CONTRACT and result in the enforcement of the Project X Termination provision section E. found in this CONTRACT. w If the contract was funded under a COMPETITIVE GRANT PROGRAM, the GRANTEE agrees that any other project changes or alterations which deviate from E the project selection criteria responses provided by the GRANTEE in the original competitive APPLICATION must be submitted in writing to the STATE for prior a approval. This requirement is necessary to maintain the integrity of the competitive grant process. 3 Packet Pg. 861 S.F.h 73.The GRANTEE shall complete the GRANT SCOPE in accordance with the time of the GRANT PERFORMANCE PERIOD set forth on page one of this CONTRACT, and under the terms and conditions of this CONTRACT. 74.The GRANTEE shall comply with the California Environmental Quality Act(Public Resources Code, Section 21000, et. seq.,Title 14, California Code of Regulations, Section 15000 et. seq.). 75.The GRANTEE shall at all times comply with all applicable current laws and regulations c m affecting ACQUISITION and DEVELOPMENT projects, including, but not limited to, legal requirements for construction contracts, building codes, health and safety codes, Y and laws and codes pertaining to Individuals with disabilities, Including but not limited to a the Americans With Disabilities Act of 1990 (42 U.S.C. §12101 et.seq.)and the m California Unruh Act(California Civil Code§51 at seq.) 9 76, If the GRANT SCOPE includes ACQUISITION of real property, the GRANTEE agrees to comply at all times with all applicable State and local laws or ordinances o affecting relocation and real property ACQUISITION. .` 77. GRANTEE agrees that lands acquired with GRANT MONIES shall not be acquired z through the use of eminent domain. d m C. Project Costs a 21.GRANTEE agrees to abide by the GUIDES. 22. GRANTEE acknowledges that the STATE may make reasonable changes to its procedures as set forth in the GUIDES. If the STATE makes any changes to its procedures and guidelines, STATE agrees to notify GRANTEE within a reasonable time. 0 x a w 0 D. Project Administration a E 61, If GRANT MONIES are advanced for ACQUISITION projects, the GRANT MONIES shall be placed in an escrow account by GRANTEE. If GRANT MONIES are advanced s and not expended, GRANTEE shall return the unused portion of the advanced funds to the STATE within 60 days after the close of escrow. m 62.If GRANT MONIES are advanced for DEVELOPMENT projects, the advanced funds shall be placed in an interest bearing account by GRANTEE until expended. Advanced X funds must be spent within six months from the date of receipt, unless the STATE w provides GRANTEE with a written waiver of this requirement. Interest earned on the advanced funds shall be used on the project as approved by the STATE. If GRANT E MONIES are advanced and not expended,the unused portion of the grant and any interest earned shall be returned to the STATE within 60 days after project completion or the end of the GRANT PERFORMANCE PERIOD whichever is earlier. a 63.The GRANTEE shall submit written project status reports within 30 calendar days after the STATE has made such a request. In any event,the GRANTEE shall provide the 4 Packet Pg. 862 8.F.h STATE a report showing total final project expenditures within 60 days of project completion or the end of the GRANT PERFORMANCE PERIOD, whichever is earlier. The GRANT PERFORMANCE PERIOD is identified on page one of this CONTRACT. 64,The STATE shall have the right to inspect all property or facilities acquired and/or developed pursuant to this CONTRACT and the GRANTEE shall make such property or facilities available for inspection upon 24 hours notice from the STATE. c R 65.The GRANTEE and the STATE agree that if the GRANT SCOPE includes DEVELOPMENT, final payment may not be made until the work described in the x GRANT SCOPE is complete. a d 66.Any grant funds that have not been expended by the GRANTEE shall revert to the m STATE. I? N C O E. Deed Restriction u 11. In order to ensure that property improved or acquired with GRANT MONIES are y used for purposes consistent with the grant, if the property acquired or developed with GRANT MONIES is owned by the GRANTEE, the GRANTEE must record a deed restriction on the title to property prior to receiving payments for any purpose other than acquisition. The Deed Restriction shall include the ° following elements: ! co. DURATION. (a) This Deed Restriction shall remain In full force and effect and a- shall bind Owner(s)and all his/her/their assigns or successors-in-interest during m the CONTRACT PERFORMANCE PERIOD. pp. TAXES AND ASSESMENTS. The Deed Restriction shall be irrevocable and shall constitute an enforceable restriction within the meaning of a)Article XIII, c section 8, of the California Constitution; and b)section 402.1 of the California Revenue and Taxation Code or successor statue. Furthermore, the Deed = Restriction shall be deemed to constitute a servitude upon and burden to the a Property within the meaning of section 3712(d)of the California Revenue and (b Taxation Code, or successor statue, which survives a sale of tax-deeded E property. m did. RIGHT OF ENTRY. STATE or its agent or employees may enter onto the ) Property at times reasonably acceptable to Owner(s)to ascertain whether the use restrictions set forth above are being observed. rr. 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 00 use of the Property contrary to the terms of the Deed Restriction will be deemed n a violation and a breach hereof. STATE may pursue any and all available legal and/or equitable remedies to enforce the terms and conditions of the Deed W Restriction. In the event of a breach, any forbearance on the part of STATE to enforce the terms and provisions hereof shall not be deemed a waiver of enforcement rights regarding any subsequent breach. m Y F. Project Termination a 41.In the event of non-completion of a GRANT SCOPE, the GRANTEE shall return all GRANT MONIES to the STATE. 5 Packet Pg. 863 42.This CONTRACT maybe rescinded, modified or amended only by mutual written CONTRACT between the GRANTEE and the STATE, unless the provisions of this CONTRACT provide that mutual CONTRACT is not required for a rescission, modification or CONTRACT. 43.Failure by the GRANTEE to comply with the terms of this CONTRACT, as well as any other grant contracts or other CONTRACTs that GRANTEE has entered into with STATE, may be cause for suspension of all obligations of the STATE under this CONTRACT unless the STATE determines that such failure was due to no fault of the x GRANTEE. In such case, STATE may reimburse GRANTEE for eligible costs properly a incurred in performance of this CONTRACT despite non-performance of the GRANTEE.To qualify for such reimbursement, GRANTEE agrees to mitigate its losses to the best of its ability. N C 44.The GRANTEE agrees that in the event of a breach of this CONTRACT, the STATE e may seek, in addition to all remedies provided by law, specific performance of the CONTRACT In accordance with the purpose of the CONTRACT to preserve, protect and increase the quantity and quality of parks, public recreation facilities, opportunities W and/or historic resources available to the people of the State of California, d 0 LL J G. Budget Contingency Clause a. For purposes of this program, if funding for any fiscal year is reduced or deleted by the budget act, executive order, the legislature, or by any other provision of statute,the STATE shall have the option to either cancel this contract with no liability occurring to the STATE, or offer a CONTRACT to GRANTEE to reflect a reduced grant amount.This paragraph shall not require R the mutual CONTRACT as addressed in Paragraph E, subsection 2, of this CONTRACT. x a N H. Indemnity a E 51.The GRANTEE shall waive all claims and recourse against the STATE including the L) right to contribution for loss or damage to persons or property arising from,growing out d of or in any way connected with or incident to this CONTRACT except valid legal claims arising from the concurrent or sole negligence of the STATE, its officers, agents, and rr employees. 00 52.To the fullest extent of the law, the GRANTEE shall indemnify, hold harmless and X defend the STATE, its officers, agents and employees against any and all claims, w demands, damages, costs, expenses or liability costs arising out of the ACQUISITION, DEVELOPMENT, construction, operation or maintenance of the property described as the project which claims, demands or causes of action arise under California Government Code Section 895.2 or otherwise except for liability arising out of the z concurrent or sole negligence of the STATE, its officers, agents, or employees. a 53.The GRANTEE agrees that in the event the STATE is named as codefendant under the provisions of California Government Code Section 895 et. seq., the GRANTEE 6 Packet Pg. 864 B.F.h shall notify the STATE of such fact and shall represent the STATE in the legal action unless the STATE undertakes to represent itself as codefendant in such legal action in which event the STATE shall bear its own litigation costs, expenses, and attorney's fees. 54.The GRANTEE and the STATE agree that in the event of judgment entered against the STATE and the GRANTEE because of the concurrent negligence of the STATE and the GRANTEE, their officers, agents, or employees, an apportionment of liability to pay R such judgment shall be made by a court of competent jurisdiction. N s 55.The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, R EL agents and employees against any and all claims, demands, costs, expenses or liability d costs arising out of legal actions pursuant to items to which the GRANTEE has in certified. The GRANTEE acknowledges that it is solely responsible for compliance with items to which it has certified. " c 0 U I. Financial Records m 21.The GRANTEE shall maintain satisfactory financial accounts, documents and records for the project and make them available to the STATE for auditing at reasonable times. o The GRANTEE also agrees to retain such financial accounts, documents and records for five years following project termination or final payment, whichever is later. J a. 22,The GRANTEE shall keep such records as the STATE shall prescribe, including records which fully disclose(a)the disposition of the proceeds of GRANT MONIES, (b) o the total cost of the project; (c)the amount and nature of project funds provided by other sources, and (d)any other records that will facilitate an effective audit of use of m the GRANT MONIES. x 3. The GRANTEE agrees that the STATE shall have the right to inspect and make copies N of any books, records or reports pertaining to this CONTRACT or matters related ° CL thereto during regular office hours. The GRANTEE shall maintain and make available E for inspection by the STATE accurate records of all of its costs, disbursements and c receipts with respect to its activities under this CONTRACT. Such accounts, documents,and records shall be retained by the GRANTEE for 5 years following final payment of GRANT MONIES. m 4. The GRANTEE shall use a generally accepted accounting system. z J. Use of Facilities w 81.The GRANTEE agrees to operate and maintain any property acquired or developed with the GRANT MONIES for the duration of the CONTRACT PERFORMANCE E s PERIOD, m a 82.The GRANTEE agrees that during the CONTRACT PERFORMANCE PERIOD, any income earned by the GRANTEE from a STATE approved non-recreational use of 7 Packet Pg. 865 8.F.h the project shall be used for recreational purposes at the project, or, If approved by the STATE, for recreational purposes within the GRANTEE'S jurisdiction. 83. If the APPLICATION does not specify the days and hours of operation, the facility will have REASONABLE OPERATING HOURS. The GRANTEE shall request the STATE'S approval before making any changes to the hours of operation. N 84.If the APPLICATION specifies the hours of operation, the facility shall have operating hours consistent with the times proposed in the APPLICATION and be open to members of the public in accordance with the project selection criteria in the Y APPLICATION, unless otherwise granted permission by the STATE and except as a noted under the special provisions of this CONTRACT or under provisions of the d enabling legislation and/or grant program. 0 w 85.The GRANTEE agrees that for the duration of the CONTRACT PERFORMANCE PERIOD, any property acquired or developed with GRANT MONIES under this o CONTRACT shall be used only for the purposes of the grant and consistent with the v GRANT SCOPE referenced in the APPLICATION unless prior written approval is given by the STATE. X a 86.The GRANTEE agrees to use any property acquired or developed with GRANT o MONIES under this CONTRACT only for the purposes of the grant and no other use, LL sale, or other disposition shall be permitted except as authorized by a specific act of the legislature in which event the property shall be replaced by the GRANTEE with property of equivalent value and usefulness as determined by STATE. m 87.The property acquired or developed with GRANT MONIES may be transferred to 77- eligible entity only if the successor entity assumes the obligations imposed ;= under this CONTRACT and with written approval of the STATE. x 88.Any real property acquired or developed with GRANT MONIES (including any a portion of it or any interest in it) may not be used as security for any debt or a mitigation, without the written approval of the STATE provided that such approval E shall not be unreasonably withheld as long as the purposes for which the GRANT MONIES were awarded are maintained. Any such permission that is granted does not make the STATE a guarantor or a surety for any debt or mitigation, nor does it waive the STATE'S rights to enforce performance under this CONTRACT. m 8. All real property, or rights thereto, acquired with GRANT MONIES shall be subject to an appropriate form of restrictive title, rights, or covenants required and approved by s the STATE. If the project property is taken by use of eminent domain, GRANTEE W shall reimburse the STATE an amount at least equal to the amount of GRANT MONIES received from the STATE or the pro rated full market value of the real property, including improvements, at the time of sale, whichever is higher. Z m 9. If eminent domain proceedings are initiated against GRANTEE, GRANTEE shall a notify STATE within 10 days of receiving the complaint. 8 Packet Pg. 866 8.F.h K. Nondiscrimination 21.The GRANTEE shall not discriminate against any person on the basis of sex, race, creed, color, national origin, age, religion, ancestry, sexual orientation, disability, medical condition, or marital status in the use of property or a specific facility included in the GRANT SCOPE(S). N 22.The GRANTEE shall not discriminate against any person on the basis of residence, and shall not apply differences in admission or other fees on the basis of residence. 0 Fees shall be reasonable and not unduly prevent use by economically i disadvantaged members of the public. R a d m L. Severability N If any provision of this CONTRACT or the application thereof is held invalid, that invalidity o shall not affect other provisions or applications of the CONTRACT which can be given effect .v without the invalid provision or application, and to this end the provisions of this contract are N severable. m M. Liability o LL J STATE assumes no responsibility for assuring the safety of construction, site improvements a or programs related to the GRANT SCOPE. The STATE'S rights under this CONTRACT to review, inspect and approve the GRANT SCOPE and any final plans of implementation shall not give rise to any warranty or representation that the GRANT SCOPE and any plans or improvements are free from hazards or defects. m N, Assignability = a Without the written consent of the STATE, the GRANTEE'S interest in and responsibilities a under this CONTRACT shall not be assignable by the GRANTEE either in whole or in part. E U c d d. Section Headings o! The headings and captions of the various sections of this CONTRACT have been inserted m only for the purpose of convenience and are not a part of this CONTRACT and shall not be deemed in any manner to modify, explain, or restrict any of the provisions of this r CONTRACT, w c d E s U R w Q 9 Packet Pg. 867 8.F.h P. Waiver Any failure by a party to enforce its rights under this CONTRACT, in the event of a breach, shall not be construed as a waiver of said rights; and the waiver of any breach under this CONTRACT shall not be construed as a waiver of any subsequent breach. City of San Bernardi 'o Grantee R By: x Signature o A thorized Repre ntative (Position Authorized in the Resolution) m a m Title: Director of Parks Recreation and Community Svcs Dept, Date: 0 U 'C w N d d d LL J CL x m m 0 x a N O CL E U c v n K ¢t x W W G v E z U A Q 10 Packet Pg. 868 8SF.h AUDIT CHECKLIST An audit of the project may be performed. The grantee must retain and make available all project related records for a minimum of three years following project termination or final payment of grant funds. Listed below are some of the items the auditor will examine during the review of your records as applicable. It is the responsibility of the grantee to have these records available in a central location ready for review once an audit date and time has been confirmed. If you have any questions regarding these documents, you may contact the State Department of Parks and Recreation Audits Office at (916)445-8999. CONTRACTS MINOR CONTRACTSlMATERIALS/SERVICES/EQUIPMENT RENTALS c Summary list of bidders(including individual bid packages) Purchase orders/Contracts/Service Agreements (9 N Y Recommendation by reviewer of bids Invoices IL Awarding by governing body(minutes of the Payments (actual cancelled checks/warrants") meeting/resolution) 6 y Construction contract agreement ACQUISITION N C Contract bonds(bid, performance, payment) Appraisal Report o t Contract change orders Did the owner accompany the appraiser? y d Contractor's progress billings 10 year history a Payments to contractor(cancelled checks/warrants") Statement of just compensation(signed by seller) O Stop Notices(filed by sub-contractors and release if Statement of difference(if purchased above LL applicable) appraisal) Liquidated damages(claimed against the contractor) Waiver of just compensation(if purchased below appraisal: signed by seller) LO Notice of completion(recorded) 0p Final Escrow Closing Statement FORCE LABOR` Cancelled checks/warrants(payment(s)to seller(s)) Authorization/work order identifying project Grant deed (vested to the participant)or final order of a condemnation N Daily time sheets signed by employee and supervisor a Title Insurance policy(issued to participant) E Hourly rate (salary schedules/payroll register) 6 _ Relocation documents c Fringe benefits(provide breakdown) Income(rental,grazing:sale of improvements,etc.) IN-HOUSE EQUIPMENT' pp INTEREST _ Authorization/work order a Schedule of interest earned on State funds advancec X Daily time records identifying the project site Note: Interest on grant advances is accountable, w even if commingled in a pooled fund account and/or Hourly rate related backup documents interest was never allocated back to the grant fund. E AGREEMENT/CONTRACTS Leases,agreements, etc., pertaining to Q developed/acquired property Estimated time expended on the projects is not acceptable. Actual time records and all supporting documentation must be maintained as charges are incurred and made available for verification at the time of audit. Front and back if copied. Revised 1112/2006 Pa _.,g.8f9y 8.F.i 1 RECORDING REQUESTED BY: California Department of Parks and Recreation 2 Office of Grants and Local Services N G 3 WHEN RECORDED MAIL TO: Office of Grants and Local Services N 4 PO Box 942896 Y Sacramento,CA 94296-0001 a 5 Attn: Cristelle Taillon m 6 N N 7 G O $ DEED RESTRICTION °- N d 9 a d 10 L WHEREAS,City of San Bernardino(hereinafter referred to as"Owner(s)"is/are o LL J t 1 recorded owner(s)of the real property described in Exhibit A,attached and incorporated herein by a a 12 reference(hereinafter referred to as the"Property");and © 13 IL WHEREAS,The City of San Bernardino(hereinafter referred to as"Applicant(s)") c to III. WHEREAS,the California Department of Parks and Recreation(hereinafter referred to v 15 a as"DPW")is a public agency created and existing under the authority of section 5001 of the California 16 a Public Resources Code(hereinafter referred to as the"PRC").And c 17 IV. WHEREAS,Owner(s)(or Applicants)applied to DPR for grant funds available pursuant E 18 0 F� to the 2002 Resources Bond Act,Per Capita for improvements on the Property;and c 19 — V. WHEREAS,DPWs Office of Grants and Local Services approved Grant 02-36-063A, —U 20 N 21 (hereinafter referred to as"Grant")on the Property, subject to,among other conditions,recordation of thisv d 22 Deed Restriction on the Property;and ° Tq 23 VI. WHEREAS,but for the imposition of the Deed Restriction condition of the Grant,the E 24 Grant would not be consistent with the public purposes of the 2002 Resources Bond Act, Per Capita and O c m 25 the funds that are the subject of the Grant could therefore not have been granted;and E V R 26 VII. WHEREAS,Owner(s)has/ve elected to comply with the Deed Restriction of the Grant, a 27 so as to enable Owner(s),to receive the Grant funds and perform the work described in the Grant; I `v, t t � Packet Pg.870 NOW,THEREFORE,in consideration of the issuance of the Grant funds by DPR,the 1 2 undersigned Owner(s)for himself/herself/themselves and for his/her/their heirs,assigns,and successors- N 3 in-interest,hereby irrevocably covenant(s)with DPR that the condition of the grant(set forth at r 0 4 paragraph(s) 1 through 3, 7,&5 and in Exhibit B hereto) shall at all times on and after the date on which Y R 5 this Deed Restriction is recorded constitute for all purposes covenants, conditions and restrictions on the n. m 6 use and enjoyment of the Property that are hereby attached to the deed to the Property as fully effective N 7 components thereof. o U 8 1. DURATION. (a)This Deed Restriction shall remain in full force and effect and shall ` N N 9 � bind Owner(s)and all his/her/their assigns or successors-in-interest for the period running from July 1, d 10 2011 through June 30,2031. um J t 1 2 TAXES AND ASSESMENTS. It is intended that this Deed Restriction is irrevocable 0: 12 and shall constitute an enforceable restriction within the meaning of a)Article XIII,section 8,of the 13 California Constitution;and b)section 402.1 of the California Revenue and Taxation Code or successor m < 14 ` statue. Furthermore,this Deed Restriction shall be deemed to constitute a servitude upon and burden to a 15 Y the Property within the meaning of section 3712(d)of the California Revenue and Taxation Code,or a 16 0 17 successor statue,which survives a sale of tax-deeded property. E 18 0 3. RIGHT OF ENTRY. DPR or its agent or employees may enter onto the Property at time 19 reasonably acceptable to Owner(s)to ascertain whether the use restrictions set forth above are being o U 20 observed. v 21 4. REMEDIES. Any act,conveyance,contract,or authorization by Owner(s)whether d d 22 written or oral which uses or would cause to be used or would permit use of the Property contrary to the m c 23 terms of this Deed Restriction will be deemed a violation and a breach hereof. DPR may pursue any and 0 24 all available legal and/or equitable remedies to enforce the terms and conditions of this Deed Restriction. c m 25 E In the event of a breach,any forbearance on the part of DPR to enforce the terms and provisions hereof m 26 Q shall not be deemed a waiver of enforcement rights regarding any subsequent breach. 27 2 8.F.i 5. SEVERABILITY. If any provision of these restrictions is held to be invalid,or for any 1 2 reason becomes unenforceable,no other provision shall be affected or impaired. 1 N G 3 R O j 4 Dated: 20 s 1 a° 5 y m 6 Business Name(if property is owned by a business): ul 7 N c 0 'Z.2 8 Signed: Signed: m 3 9 RIS of PATRICK J.MOR ,Mayor v PRINT/TYPE NAME&CAPACITY OF ABOVE PRINTn YPE NAME&CAPACITY OF ABOVE m d 10 (GRANTEE'S AUTHORIZED REPRESENTATIVE) U- 7! j t1 a 12 ATTEST: 13 City Clerk O 14 4 O Approved as to form: a 15 s 16 n JAMES F.PENMAN,City Attorney o c 17 E 18 0 H c 19 g U 20 N m n: 21 **NOTARY ACKNOWLEDGEMENT ON THE NEXT PAGE** d d 22 0 m 23 c 'm O 24 c v 25 E s V 26 Q O 27 3 PacketPg.872 B.F.i I State of California 2 County of c s 3 On before me, ,a Notary Public, a personally appeared who proved to me on the basis of a 5 y satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and 6 acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that y 7 c 0 by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the 8 N person(s)acted,executed the instrument. 9 10 I certify under PENALTY OF PERJURY under the laws of the State of California that the o LL 1 t foregoing paragraph is true and correct. a X 12 c WITNESS my hand and official seal. ono 13 OSignature (Seal) 14 � U 15 State of California Y `m n. 1 0 6 County of S 17 On before me, a Notary Public, 2 E 18 0 personally appeared who proved to me on the basis of F' c 19 C satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and 20 v acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that 21 d by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the o 22 23 person(s)acted,executed the instrument. 24 I certify under PENALITY OF PERJURY under the laws of the State of California that the O c foregoing paragraph is true and correct. 25 E U A 26 WITNESS my hand and official seal. a 27 Signature (Seal) 4 Packet Pg.873 EXHIBIT "A" Legal Description for Tim Minor Park r c R APN: 0261-691-48 W Y a LOT "A" OF TRACT NO. 16457 AS PER MAP RECORDED IN BOOK 308 OF MAPS, R PAGES 19-22, RECORDS OF THE COUNTY RECORDER OF SAN BERNARDINO y COUNTY, STATE OF CALIFORNIA. w c 0 .0 N d L d d LL J E m c m L C7 U a Y A a 0 c E 0 c 0 .Q U N d O Cu N J Q a r x w Y C d E L V R a State of California—Natural Resources Agency C DEPARTMENT OF PARKS AND RECREATION GRANT CONTRACT 2002 Resources Bond Act Per Capita y GRANTEE City of San Bernardino r m THE PROJECT PERFORMANCE PERIOD IS FROM July 01 2011 through June 30 2015 N Y m CONTRACT PERFORMANCE PERIOD IS FROM July 01 2011 through June 30 2031 0 d The Grantee agrees to the terms and conditions of this Contract, and the State of in California, acting through its Director of Parks and Recreation pursuant to the Per Capita N in the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal o Protection Act of 2002, agrees to fund the total Project Grant Amount indicated. THESE FUNDS ARE FOR THE ACQUISITION AND DEVELOPMENT OF NEIGHBORHOOD, COMMUNITY,AND REGIONAL PARKS AND RECREATION LANDS AND FACILITIES. v O C of San Ber lardino The General and Special Provisions attached are made a w Gra ee part of and Incorporated into the Contract. a 8 : STATE OF CALIFORNIA " (Signature ofAu(hori dRepresentative) DEPARTMENT' O`.F-PARKS AN[)RECREATION u1Oi Title: Director Parks Recreation&Community services BY: `- Date: t� U a CERTIFICATION OF FUNDING Y La CONTRACT NO AMENDMENT NO CALSTRS VENDOR NO PROJECr NO 0 CO231075 000000410400 AMOUNTENCUMSERED BY THIS FUND E DOCUMENT Clean Water,Cln Air, Cstl Protc Fd, CA $346,841 PRIORAMODNr ENCUAEREDBYTHIS ITEM CHAPTER STATUTE FISCAL YEAR ro OONTRACT 3790-103-6029(1) 33111 11 2011112 w 0 TOTAL AMOUNT ENCUMBEREDTO OATS INDEX OBJ.EXPEND PCA PROJECTNJORK w $346,841 1091 702 ' ^ D PHASE LQ c T.B.A.NO I hereby certify upon my own personal knotMedge that budgeted funds are available for this encumbrance. E s U m B.R.NO SIGNAT\ NTINGOFFICER DATE Q l w1L -o- II I� II r EXHIBIT "B" GRANT CONTRACT This AGREEMENT is hereby made and agreed upon by the State of California, acting through the California Department of Parks and Recreation (hereinafter referred to as "STATE") and City of San Bernardino (hereinafter referred to as "GRANTEE") pursuant to the Per Capita in the California Clean Water, Clean Air, Safe Neighborhood Parks, and w Coastal Protection Act of 2002. c m N RECITALS Y m a. 1. On or about 12/15/2003 the STATE and GRANTEE entered into Grant Contract #CO207393 (hereinafter referred to as "PREVIOUS CONTRACT")for an amount not to exceed m 835 000. This grant was funded in accordance with the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002, also known as Proposition 40, 0 2. The completion date set forth in the PREVIOUS CONTRACT was 6130/2011. The GRANTEE 2 did not complete the grant project(s)or spend its entire allocation prior to the contract liquidation date and, therefore, is not discharged from its obligations under the PREVIOUS CONTRACT. of v 3. Pursuant to the PREVIOUS CONTRACT, STATE disbursed grant funds to GRANTEE in the o total amount of 835 000, leaving a balance in the amount of 346,841 for use by GRANTEE. U- -7! 7. On or about June 30, 2011, Chapter 33 of the Statutes of 2011 (hereinafter"Budget Bill of Of 2011112")was enacted. Item 3790-401 stated that all grant funds previously appropriated from Proposition 40 that have not been expended by grant recipients prior to June 30, 2011 shall revert to the funds from which the appropriations were made. This provisions effectively terminated STATE's authority to pay out further grant funds under the PREVIOUS CONTRACT. m Pursuant to section 3790-103-6029 of the Budget Bill of 2011112, the Legislature appropriated a an amount equivalent to the balance remaining on June 30, 2011 in the 2002 California Clean Y Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Bond Fund. The a- Legislature made these funds available for grants previously appropriated from Proposition 40 0 funds which are deemed to have the highest priority statewide consistent with Section 5096.633 of the Public Resources Code. These funds are available for encumbrance on or before June 30, 2013. Per Government Code section 16304, the liquidation period of these funds is 0 extended to on or before June 30, 2015. m 5. Pursuant to the Budget Bill of 2011/12, item number 3790-103-6029 and 3790-401, STATE and GRANTEE agree to enter into this Agreement(hereinafter referred to as "CONTRACT"). x which establishes terms and conditions that allow the expenditure of the newly appropriated w grant funds established by Senate Bill 87 to complete the project(s) set forth in the CONTRACT. STATE and GRANTEE agree to cancel the PREVIOUS CONTRACT and agree to be bound by E the terms and conditions of this CONTRACT. m M a 1 Packet Pg. 876 8.F.k TERMS AND CONDITIONS The STATE, pursuant to the Per Capita in the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002, and through authority granted by section 3790-103-6029 of the Budget Bill of 2011/12, hereby grants to GRANTEE a sum (hereinafter referred to as"GRANT MONIES") not to exceed $346,841 subject to the terms and conditions of this CONTRACT, the GUIDES, any legislation applicable to the ACT, and the APPLICATION. m N In consideration thereof GRANTEE agrees to abide by the terms and conditions of this Y CONTRACT as well as the provisions of the ACT. GRANTEE acknowledges that the a GRANT MONIES are not a gift or a donation. °: M In addition to the terms and conditions of this CONTRACT, the parties agree that the terms and conditions contained in the documents set forth below are hereby incorporated into and °- made part of this CONTRACT. N d g. The PROCEDURAL GUIDE; h. The submitted APPLICATION(S). 0 U- 1. GENERAL PROVISIONS a rr A. Definitions As used in this CONTRACT, the following words shall have the following meanings: C R 37.The term "ACQUISITION"means to obtain fee title of real property or a permanent easement which provides the recipient permanent rights to use the property for the a purposes of the project. Leases or rentals do not constitute ACQUISITION, M a 38.The term "ACT" means the statutory basis for these grant programs. o c 39.The term "APPLICATION" means the individual project application packet(s)for a grant(s) pursuant to the enabling legislation and/or grant program process guide 0 requirements. m 40.The term "COMPETITIVE GRANT PROGRAM" means the Urban Park Act of 2001, the Murray Hayden Urban Youth Services Program, the State Urban Parks and x Healthy Communities Act, the Roberti-Z'berg-Harris Nonurban Needs Basis, Roberti- W Z'berg-Harris Urban Needs Basis or California Youth Soccer and Recreation Development program. E s 41.The term "CONTRACT PERFORMANCE PERIOD" means the period of time described in Section 1 of this CONTRACT. The"CONTRACT PERFORMANCE a PERIOD" means the period of time during which the GRANTEE must use the property acquired or developed with the grant for purposes consistent with the grant. 2 Packet Pg. 877 8.F.k rx 42.The term "DEVELOPMENT'means capital improvements to real property by means of construction of permanent or fixed features of the property. 43.The term "GRANT PERFORMANCE PERIOD" means the period of time described in the Section I of this contract during which eligible costs can be charged to the grant and which begins on the date of appropriation and ends on the fund liquidation date. N G 44.The term "GRANT SCOPE" means the items listed in the GRANT SCOPE/Cost m Estimate Form(s)found in the APPLICATION(s). N Y 45.The term "PROCEDURAL GUIDE" means the document identified as the "Procedural a Guide for the 2002 Resources Bond Act[subprogram name]. The GUIDE provides the d procedures and policies controlling the administration of the grant. n 46. The term "PROJECT TERMINATION" refers to the non-completion of a GRANT SCOPE. 0 U 47. The term "REASONABLE HOURS OF OPERATION" means that the facility is available to the public during days and times consistent with the type of property, the amount of the STATE GRANT MONIES invested in the project, the time of year, and the operating hours of similar facilities in nearby communities. o LL 48. The term "STATE" refers to the State of California acting by and through the California Department of Parks and Recreation. af m W B. Project Execution 22. Subject to the availability of GRANT MONIES in the ACT,the STATE hereby grants to 0 the GRANTEE a sum of money not to exceed the amount stated in Section I of this a CONTRACT, in consideration of, and on condition that,the sum be expended in Y carrying out the purposes set forth in the GRANT SCOPE(S), and under the terms and a conditions set forth in this CONTRACT. o The GRANTEE shall assume the obligation to furnish any additional funds that may be necessary to complete the GRANT SCOPE(S). £ 0 23.All changes and alterations to the GRANT SCOPE must be approved in writing by the STATE. GRANTEE'S failure to comply with this provision may be construed as a m breach of the terms of the CONTRACT and result in the enforcement of the Project Termination provision section E.found in this CONTRACT. x If the contract was funded under a COMPETITIVE GRANT PROGRAM, the w GRANTEE agrees that any other project changes or alterations which deviate from m the project selection criteria responses provided by the GRANTEE In the original E competitive APPLICATION must be submitted in writing to the STATE for prior U approval. This requirement is necessary to maintain the integrity of the competitive a grant process. 3 Packet Pg. 878 i 24.The GRANTEE shall complete the GRANT SCOPE in accordance with the time of the GRANT PERFORMANCE PERIOD set forth on page one of this CONTRACT, and under the terms and conditions of this CONTRACT. 25.The GRANTEE shall comply with the California Environmental Quality Act(Public Resources Code, Section 21000, et. seq.,Title 14, California Code of Regulations, Section 15000 et. seq.). 26.The GRANTEE shall at all times comply with all applicable current laws and regulations m affecting ACQUISITION and DEVELOPMENT projects, including, but not limited to, N legal requirements for construction contracts, building codes, health and safety codes, s and laws and codes pertaining to individuals with disabilities, including but not limited to a the Americans With Disabilities Act of 1990(42 U.S.C. §12101 et.seq.)and the 0 California Unruh Act(California Civil Code§51 et seq.) ;2 27. If the GRANT SCOPE Includes ACQUISITION of real property, the GRANTEE agrees to comply at all times with all applicable State and local laws or ordinances c affecting relocation and real property ACQUISITION. u 28. GRANTEE agrees that lands acquired with GRANT MONIES shall not be acquired through the use of eminent domain. v 0 C. Project Costs a 7. GRANTEE agrees to abide by the GUIDES. B. GRANTEE acknowledges that the STATE may make reasonable changes to its procedures asset forth in the GUIDES. If the STATE makes any changes to its procedures and guidelines, STATE agrees to notify GRANTEE within a reasonable tim e. U a s m D. Project Administration a 0 19. If GRANT MONIES are advanced for ACQUISITION projects,the GRANT MONIES shall be placed in an escrow account by GRANTEE. If GRANT MONIES are advanced E and not expended, GRANTEE shall return the unused portion of the advanced funds to r the STATE within 60 days after the close of escrow. m 20.If GRANT MONIES are advanced for DEVELOPMENT projects, the advanced funds a shall be placed in an interest bearing account by GRANTEE until expended. Advanced K funds must be spent within six months from the date of receipt, unless the STATE w provides GRANTEE with a written waiver of this requirement. Interest earned on the advanced funds shall be used on the project as approved by the STATE. If GRANT E MONIES are advanced and not expended, the unused portion of the grant and any interest earned shall be returned to the STATE within 60 days after project completion or the end of the GRANT PERFORMANCE PERIOD whichever is earlier, a 21.The GRANTEE shall submit written project status reports within 30 calendar days after the STATE has made such a request. In any event, the GRANTEE shall provide the 4 Packet Pg. 879 8.F.k STATE a report showing total final project expenditures within 60 days of project completion or the end of the GRANT PERFORMANCE PERIOD, whichever is earlier. The GRANT PERFORMANCE PERIOD is identified on page one of this CONTRACT. 22.The STATE shall have the right to inspect all property or facilities acquired and/or developed pursuant to this CONTRACT and the GRANTEE shall make such property or facilities available for inspection upon 24 hours notice from the STATE. R L 23.The GRANTEE and the STATE agree that if the GRANT SCOPE Includes DEVELOPMENT,final payment may not be made until the work described in the Y GRANT SCOPE is complete. a d 24.Any grant funds that have not been expended by the GRANTEE shall revert to the S° N STATE. N C O E. Deed Restriction 4. In order to ensure that property improved or acquired with GRANT MONIES are y used for purposes consistent with the grant, if the property acquired or developed with GRANT MONIES is owned by the GRANTEE, the GRANTEE must record a deed restrictlon on the title to property prior to receiving payments for o any purpose other than acquisition. The Deed Restriction shall include the LL following elements: J m. DURATION. (a)This Deed Restriction shall remain in full force and effect and shall bind Owner(s) and all his/her/their assigns or successors-in-Interest during the CONTRACT PERFORMANCE PERIOD. n, TAXES AND ASSESMENTS The Deed Restriction shall be irrevocable and shall constitute an enforceable restriction within the meaning of a)Article XIII, section 8, of the California Constitution;and b)section 402.1 of the California R Revenue and Taxation Code or successor statue. Furthermore, the Deed Restriction shall be deemed to constitute a servitude upon and burden to the n Property within the meaning of section 3712(d)of the California Revenue and Taxation Cade, or successor statue, which survives a sale of tax-deeded a property. c o. RIGHT OF ENTRY. STATE or its agent or employees may enter onto the Property at times reasonably acceptable to Owner(s)to ascertain whether the E use restrictions set forth above are being observed. o p. 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 m use of the Property contrary to the terms of the Deed Restriction will be deemed a a violation and a breach hereof. STATE may pursue any and all available legal and/or equitable remedies to enforce the terms and conditions of the Deed w Restriction. In the event of a breach, any forbearance on the part of STATE to enforce the terms and provisions hereof shall not be deemed a waiver of enforcement rights regarding any subsequent breach. m F. Project Termination a 13. In the event of non-completion of a GRANT SCOPE, the GRANTEE shall return all GRANT MONIES to the STATE. 5 Packet Pg. 880 14.This CONTRACT may be rescinded, modified or amended only by mutual written CONTRACT between the GRANTEE and the STATE, unless the provisions of this CONTRACT provide that mutual CONTRACT is not required for a rescission, modification or CONTRACT. 15. Failure by the GRANTEE to comply with the terms of this CONTRACT, as well as any other grant contracts or other CONTRACTs that GRANTEE has entered into with E STATE, may be cause for suspension of all obligations of the STATE under this N CONTRACT unless the STATE determines that such failure was due to no fault of the GRANTEE. In such case, STATE may reimburse GRANTEE for eligible costs properly a incurred in performance of this CONTRACT despite non-performance of the GRANTEE. To qualify for such reimbursement, GRANTEE agrees to mitigate its losses n to the best of its ability. N C 16.The GRANTEE agrees that in the event of a breach of this CONTRACT, the STATE may seek, in addition to all remedies provided by law, specific performance of the CONTRACT in accordance with the purpose of the CONTRACT to preserve, protect and increase the quantity and quality of parks, public recreation facilities, opportunities and/or historic resources available to the people of the State of California. LL J G. Budget Contingency Clause For purposes of this program, if funding for any fiscal year is reduced or deleted by the budget act, executive order, the legislature, or by any other provision of statute, the STATE shall have the option to either cancel this contract with no liability occurring to the STATE, or offer a CONTRACT to GRANTEE to reflect a reduced grant amount. This paragraph shall not require the mutual CONTRACT as addressed in Paragraph E, subsection 2, of this CONTRACT. U a s H. Indemnity a 16.The GRANTEE shall waive all claims and recourse against the STATE including the 0 right to contribution for loss or damage to persons or property arising from,growing out of or in any way connected with or incident to this CONTRACT except valid legal claims o arising from the concurrent or sole negligence of the STATE, its officers, agents, and 0 employees. m 17.To the fullest extent of the law, the GRANTEE shall indemnify, hold harmless and s defend the STATE, its officers, agents and employees against any and all claims, w demands,damages, costs, expenses or liability costs arising out of the ACQUISITION, DEVELOPMENT, construction, operation or maintenance of the property described as v the project which claims, demands or causes of action arise under California s Government Code Section 895.2 or otherwise except for liability arising out of the concurrent or sole negligence of the STATE, its officers,agents, or employees. 18.The GRANTEE agrees that in the event the STATE is named as codefendant under the provisions of California Government Code Section 895 et. seq., the GRANTEE 6 Packet Pg. 881 8.F.k shall notify the STATE of such fact and shall represent the STATE in the legal action unless the STATE undertakes to represent itself as codefendant in such legal action in which event the STATE shall bear its own litigation costs, expenses, and attorney's fees. 19.The GRANTEE and the STATE agree that in the event of judgment entered against the STATE and the GRANTEE because of the concurrent negligence of the STATE and the GRANTEE,their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. x 20.The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, a agents and employees against any and all claims, demands, costs, expenses or liability costs arising out of legal actions pursuant to items to which the GRANTEE has certified. The GRANTEE acknowledges that it is solely responsible for compliance with items to which it has certified. o U I. Financial Records 7. The GRANTEE shall maintain satisfactory financial accounts, documents and records d for the project and make them available to the STATE for auditing at reasonable times. o The GRANTEE also agrees to retain such financial accounts, documents and records J for five years following project termination or final payment, whichever is later. a 8. The GRANTEE shall keep such records as the STATE shall prescribe, including N records which fully disclose (a)the disposition of the proceeds of GRANT MONIES, (b) the total cost of the project; (c)the amount and nature of project funds provided by other sources, and (d)any other records that will facilitate an effective audit of use of the GRANT MONIES, o. 3. The GRANTEE agrees that the STATE shall have the right to inspect and make copies of any books, records or reports pertaining to this CONTRACT or matters related ° thereto during regular office hours. The GRANTEE shall maintain and make available o for inspection by the STATE accurate records of all of its costs, disbursements and 5 receipts with respect to its activities under this CONTRACT. Such accounts, documents, and records shall be retained by the GRANTEE for 5 years following final o payment of GRANT MONIES. m 4. The GRANTEE shall use a generally accepted accounting system. a L J. Use of Facilities w 25.The GRANTEE agrees to operate and maintain any property acquired or developed d with the GRANT MONIES for the duration of the CONTRACT PERFORMANCE E L PERIOD. m 26.The GRANTEE agrees that during the CONTRACT PERFORMANCE PERIOD, any a income earned by the GRANTEE from a STATE approved non-recreational use of 7 PacketPg.882 8.F.k the project shall be used for recreational purposes at the project, or, if approved by the STATE,for recreational purposes within the GRANTEE'S jurisdiction. 27. If the APPLICATION does not specify the days and hours of operation, the facility will have REASONABLE OPERATING HOURS. The GRANTEE shall request the STATE'S approval before making any changes to the hours of operation. y Y 28. If the APPLICATION specifies the hours of operation, the facility shall have operating hours consistent with the times proposed in the APPLICATION and be open to N members of the public in accordance with the project selection criteria in the APPLICATION, unless otherwise granted permission by the STATE and except as a noted under the special provisions of this CONTRACT or under provisions of the enabling legislation and/or grant program. in 29.The GRANTEE agrees that for the duration of the CONTRACT PERFORMANCE PERIOD, any property acquired or developed with GRANT MONIES under this .0 CONTRACT shall be used only for the purposes of the grant and consistent with the U GRANT SCOPE referenced in the APPLICATION unless prior written approval is given by the STATE. d 30.The GRANTEE agrees to use any property acquired or developed with GRANT o MONIES under this CONTRACT only for the purposes of the grant and no other use, U. sale, or other disposition shall be permitted except as authorized by a specific act of a the legislature in which event the property shall be replaced by the GRANTEE with W property of equivalent value and usefulness as determined by STATE. co 31.The property acquired or developed with GRANT MONIES may be transferred to another eligible entity only if the successor entity assumes the obligations imposed r under this CONTRACT and with written approval of the STATE. 0 U a 32.Any real property acquired or developed with GRANT MONIES (including any Y portion of it or any interest in it) may not be used as security for any debt or a mitigation, without the written approval of the STATE provided that such approval o shall not be unreasonably withheld as long as the purposes for which the GRANT MONIES were awarded are maintained. Any such permission that is granted does not make the STATE a guarantor or a surety for any debt or mitigation, nor does it o waive the STATE'S rights to enforce performance under this CONTRACT. ~ m 8. All real property, or rights thereto, acquired with GRANT MONIES shall be subject to an appropriate form of restrictive title, rights, or covenants required and approved by x the STATE. If the project property is taken by use of eminent domain, GRANTEE W shall reimburse the STATE an amount at least equal to the amount of GRANT MONIES received from the STATE or the pro rated full market value of the real property, including improvements, at the time of sale, whichever is higher. m 9. If eminent domain proceedings are initiated against GRANTEE, GRANTEE shall a notify STATE within 10 days of receiving the complaint. 8 Packet Pg. 883 K. Nondiscrimination 7. The GRANTEE shall not discriminate against any person on the basis of sex, race, creed, color, national origin, age, religion, ancestry, sexual orientation, disability, medical condition, or marital status in the use of property or a specific facility included in the GRANT SCOPES). 8. The GRANTEE shall not discriminate against any person on the basis of residence, @ and shall not apply differences in admission or other fees on the basis of residence. N Fees shall be reasonable and not unduly prevent use by economically x disadvantaged members of the public. a a+ L. Severability U' N c If any provision of this CONTRACT or the application thereof is held invalid, that invalidity 4 shall not affect other provisions or applications of the CONTRACT which can be given effect without the invalid provision or application, and to this end the provisions of this contract are severable. rr d d M. Liability ° U. J STATE assumes no responsibility for assuring the safety of construction, site improvements or programs related to the GRANT SCOPE. The STATE'S rights under this CONTRACT to review, inspect and approve the GRANT SCOPE and any final plans of implementation co shall not give rise to any warranty or representation that the GRANT SCOPE and any plans or improvements are free from hazards or defects. c @ N. Assignability a Y Without the written consent of the STATE, the GRANTEE'S interest in and responsibilities a under this CONTRACT shall not be assignable by the GRANTEE either in whole or in part. 0 c O. Section Headings o 0 The headings and captions of the various sections of this CONTRACT have been inserted ao only for the purpose of convenience and are not a part of this CONTRACT and shall not be deemed in any manner to modify, explain, or restrict any of the provisions of this L CONTRACT. w C d E U U Q 9 Packet Pg.884 8.F.k P. Waiver Any failure by a party to enforce its rights under this CCNTRACT, in the event of a breach, shall not be construed as a waiver of said rights; and the waiver of any breach under this CONTRACT shall not be construed as a waiver of any subsequent breach. City of San Bernar ino Y Grantee r? N By: Y Signature of Authorized Representative (Position Authorized in the Resolution) a 0 Title: Director, Parks Recreation & Community Services Date: 0 N d d d LL J a o! ro c L C7 U a Y L L Lo E 0 H o] a s x w c m E s U 10 Q 10 Packet Pg. 885 AUDIT CHECKLIST An audit of the project may be performed. The grantee must retain and make available all project related records for a minimum of three years following project termination or final payment of grant funds. Listed below are some of the items the auditor will examine during the review of your records as applicable. It is the responsibility of the grantee to have these records available in a central location ready for review once an audit date and time has been confirmed. If you havr any questions regarding these documents, you may contact the State Department of Parks and Recreation Audits Office at (916)445-8999. CONTRACTS MINOR CONTRACTS/MATERIALS/SERVICESIEQUIPMENT ti RENTALS c Summary list of bidders(including Individual bid packages) Purchase orders/Contracts/Service Agreements w Y Recommendation by reviewer of bids Invoices a Awarding by governing body(minutes of the Payments (actual cancelled checks/warrants") °) meeting/resolution) rn Construction contract agreement ACQUISITION a c Contract bonds(bid, performance,payment) Appraisal Report o Y V Contract change orders Did the owner accompany the appraiser? a d Contractor's progress billings 10 year history v m Payments to contractor(cancelled checks/warrants") Statement of just compensation(signed by seller) LL 0 Stop Notices(filed by sub-contractors and release if Statement of difference(if purchased above applicable) appraisal) Liquidated damages(claimed against the contractor) Waiver of just compensation(if purchased below �o Notice of completion(recorded) appraisal: signed by seller) Final Escrow Closing Statement Y c FORCE LABOR' Cancelled checks/warrants(payment(s)to seller(s)) U Authorization/work order identifying project Grant deed (vested to the participant)or final order of a condemnation my Daily time sheets signed by employee and supervisor 10 Title Insurance policy(issued to participant) a`o Hourly rate(salary schedules/payroll register) Relocation documents c Fringe benefits(provide breakdown) S Income(rental,grazing,sale of Improvements,etc.) c F IN-HOUSE EQUIPMENT' INTEREST m Y _ Authorization/work order Schedule of interest earned on State funds advanced L Daily time records identifying the project site Note: Interest on grant advances Is accountable, w even if commingled in a pooled fund account and/or Hourly rate related backup documents interest was never allocated back to the grant fund. m E AGREEMENTICONTRACTS m Leases,agreements,etc.,pertaining to Q developed/acquired property " Estimated time expended on the projects is not acceptable. Actual time records and all supporting documentation must be maintained as charges are incurred and made available for verification at the time of audit. " Front and back if copied. Revised 1/12/2006 Packet Pg. 886 8.F.1 1 RECORDING REQUESTED BY: California Department of Parks and Recreation 2 Office of Grants and Local Services N w 3 WHEN RECORDED MAIL TO: Office of Grants and Local Services 4 PO Box 942896 N Y Sacramento,CA 94296-0001 6 5 4' Attn: Cristelle Taillon a) m 6 rn N 7 DEED RESTRICTION c U 8 N a) 9 I. WHEREAS,City of San Bernardino(hereinafter referred to as"Owner(s)"is/are m 10 0 recorded owner(s)of the real property described in Exhibit A,attached and incorporated herein by u J 1t a reference(hereinafter referred to as the"Property");and 12 N II. WHEREAS,the City of San Bernardino(hereinafter referred to as"Applicant(s)") r' 13 14 III. WHEREAS,the California Department of Parks and Recreation(hereinafter referred to L 15 as"DPW")is a public agency created and existing under the authority of section 5001 of the California a N O 16 Public Resources Code(hereinafter referred to as the"PRC").And Q- E m 17 IV. WHEREAS,Owner(s)(or Applicants)applied to DPR for grant funds available pursuant d a 18 to the 2002 Resources Bond Act, State Urban Parks&Healthy Communities Program for c 19 improvements on the Property; and U 20 V. WHEREAS,DPR's Office of Grants and Local Services approved Grant PH-36-001A , d 21 hereinafter referred to as"Grant" on the Pro ( ) perry,subject to,among other conditions,recordation of this„ zz 0 Deed Restriction on the Property; and c 23 VI. WHEREAS,but for the imposition of the Deed Restriction condition of the Grant,the 24 Grant would not be consistent with the public purposes of the 2002 Resources Bond Act, State Urban d 25 E t Parks&Healthy Communities Program and the funds that are the subject of the Grant could therefore 26 a not have been granted;and �J 27 1 Packet Pg. 887 8.F.1 VII. WHEREAS,Owner(s)has/ve elected to comply with the Deed Restriction of the Grant, 1 2 so as to enable Owner(s),to receive the Grant funds and perform the work described in the Grant; N 3 NOW,THEREFORE,in consideration of the issuance of the Grant funds by DPR,the 4 undersigned Owner(s)for himself/herself/themselves and for his/her/their heirs,assigns,and successors- N Y A 5 in-interest,hereby irrevocably covenant(s)with DPR that the condition of the grant(set forth at LL m m 6 paragraph(s) 1 through 3, 14, &5 and in Exhibit B hereto)shall at all times on and after the date on which w N 7 this Deed Restriction is recorded constitute for all purposes covenants, conditions and restrictions on the 0 'Z.2 8 use and enjoyment of the Property that are hereby attached to the deed to the Property as fully effective N W 9 components thereof. d 10 1. DURATION. (a)This Deed Restriction shall remain in full force and effect and shall LL I1 J bind Owner(s)and all his/her/their assigns or successors-in-interest for the period running from July 1, 0. 12 2011 through June 30,2031. 13 O2. TAXES AND ASSESMENTS. It is intended that this Deed Restriction is irrevocable c 14 and shall constitute an enforceable restriction within the meaning of a)Article X111, section 8,of the = 15 d N California Constitution; and b)section 402.1 of the California Revenue and Taxation Code or successor o 16 °" E 17 statue. Furthermore,this Deed Restriction shall be deemed to constitute a servitude upon and burden to v c v 18 the Property within the meaning of section 3712(d)of the California Revenue and Taxation Code,or a 19 successor statue,which survives a sale of tax-deeded property. o U 20 3. RIGHT OF ENTRY. DPR or its agent or employees may enter onto the Property at time a! 21 reasonably acceptable to Owner(s)to ascertain whether the use restrictions set forth above are being m 0 22 observed. m S 23 4. REMEDIES. Any act,conveyance,contract,or authorization by Owner(s)whether M O 24 written or oral which uses or would cause to be used or would permit use of the Property contrary to the c m 25 E terns of this Deed Restriction will be deemed a violation and a breach hereof. DPR may pursue any and m 26 all available legal and/or equitable remedies to enforce the terms and conditions of this Deed Restriction. C 27 2 Packet Pg. 888 In the event of a breach,any forbearance on the part of DPR to enforce the terms and provisions hereof 1 2 shall not be deemed a waiver of enforcement rights regarding any subsequent breach. N 3 5. SEVERABILITY. If any provision of these restrictions is held to be invalid,or for any m 4 reason becomes unenforceable,no other provision shall be affected or impaired. N y 5 IL d w @ 6 Dated: 120 in N 7 O U 8 Business Name(if property is owned by a business): 'y a� 9 v v 10 Signed: Signed: ° LL ]t 74 PATRICK J.MORRIS.Mayor_ 12 PRINT/TYPE NAME&CAPACITY OF ABOVE PRINTIT YPE NAME&CAPACITY OF ABOVE (GRANTEE'S AUTHORIZED REPRESENTATIVE) 00 13 14 ATTEST: a 15 City Clerk N 0 16 °' E 17 Approved as to form: C v a 18 JAMES F.PENMAN,City Attorney 19 U 20 N m 21 d 22 m c 23 'm O 24 **NOTARY ACKNOWLEDGEMENT ON THE NEXT PAGE** c m 25 E s U 26 @ a O 27 3 g. 889 8.F.1 I I O1 State of California 2 County of N C 3 On before me, a Notary Public, 4 N personally appeared who proved to me on the basis of 5 a satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and m 6 rn acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that w 7 0 by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the 8 - person(s)acted,executed the instrument. 9 10 I certify under PENALTY OF PERJURY under the laws of the State of California that the m 0 LL foregoing paragraph is true and correct. -i tt a 12 WITNESS my hand and official seal. 13 © Signature (Seal) c 14 10 c� x 15 State of California a N O 16 C' County of m U 17 On before me, - ,a Notary Public, m a 18 personally appeared who proved to me on the basis of c 19 satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and Y 20 n acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that W 21 by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the o 22 person(s)acted,executed the instrument. 23 I certify under PENALTTY OF PERJURY under the laws of the State of California that the O 24 c v 25 foregoing paragraph is true and correct. E M U m 26 WITNESS my hand and official seal. Q 27 Signature (Seal) 4 Packet Pg. 890 CEXHIBIT "A" Legal Description for Portion of Nunez Park (Ruben Campos Center) APN: 0 13 8-151-04, 013 8-161-01,02 a. LOTS 20,21 AND 22 OF BLOCK 24 OF THE RANCHO SAN BERNARDINO,AS PER MAP w RECORDED IN BOOK 7 OF MAPS, PAGE 2, RECORDS OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY, STATE OF CALIFORNIA. 0 *6 Q Q C3 U. 0 E Ix 0 21 cm x LLI r 4' E 8.F.n State of California —Natural Resources Agency DEPARTMENT OF PARKS AND RECREATION GRANT CONTRACT 2002 Resources Bond Act State Urban Parks & Healthy Communities Program GRANTEE City of San Bernardino m THE PROJECT PERFORMANCE PERIOD IS FROM July 01 2011 through June 30 2015 N Y CONTRACT PERFORMANCE PERIOD IS FROM July 01 2011 through June 30 2031 a m The Grantee agrees to the terms and conditions of this Contract, and the State of in California, acting through its Director of Parks and Recreation pursuant to the State Urban Parks & Healthy Communities Program in the Cal'Ifomia Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002, agrees to fund the total o 0 Project Grant Amount indicated. THESE FUNDS ARE FOR THE ACQUISITION AND DEVELOPMENT OF NEIGHBORHOOD, COMMUNITY, AND REGIONAL PARKS AND RECREATION a LANDS AND FACILITIES, 0 LL J Cltv of San B rn din a Grantee The General and Special Provisions attached are made a Of part of and incorporated into the Contract. By: n Ignature of Aulhodz Representative) STATE OF CALIFORNIA °J DEPARTMENT OF PARKS AND RECREATION Title: Director of Parks Recreation and Community Svcs Dept / By:_T �-';..-+.'-_:�-r'''--'-% Date: t 3l Dater CERTIFICATION OF FUNDING 0 E M CONTRACT NO AMENDMENT NO CALSTRS VENDOR NO PROJECT NO U 00231155 000000410400 ', , _ d IL Cad a AMOUNT ENCUMBERED BY THIS FUND K DOCUMENT Clean Water,Cln Air,Csti Protc Fd,CA $701,864 In PRIOR AMOUNT ENCUMBERED BY THIS ITEM CHAPTER STATUTE FISCALYEAR U CONTRACT 3790-103-6029(1) 33111 11 2011H2 X w TOTAL AMOUNT ENCUMBERED TO DATE INDEX 08J.EXPEND PCA PROJECTIWORK $701,664 1091 702 lo�(G,3 PHASE E T.B.A.NO I hereby certify upon my own personal knowledge that budgeted funds are available for this encumbrance. A B.R.NO SIGNATURE OF A COUNTING OFFICER DATE Q 1t tS 1 EXHIBIT "B" Packet Pg. 892 B.F.n GRANT CONTRACT This AGREEMENT is hereby made and agreed upon by the State of California, acting through the California Department of Parks and Recreation (hereinafter referred to as "STATE")and City of San Bernardino (hereinafter referred to as "GRANTEE") pursuant to the State Urban Parks & Healthy Communities Program in the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002. m (7 RECITALS s a 1. On or about 12/12/2005 the STATE and GRANTEE entered into Grant Contract d #CO216026(hereinafter referred to as"PREVIOUS CONTRACT")for an amount not to exceed 701,86 . This grant was funded in accordance with the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002, also known as Proposition 40. 0 2. The completion date set forth in the PREVIOUS CONTRACT was 6/30/2012. The GRANTEE o did not complete the grant project(s)or spend its entire allocation prior to the contract liquidation N date and, therefore, is not discharged from its obligations under the PREVIOUS CONTRACT. a 3. Pursuant to the PREVIOUS CONTRACT, STATE disbursed grant funds to GRANTEE in the d total amount of 701.86 . leaving a balance in the amount of 701,86 for use by GRANTEE. ° J 14. On or about June 30, 2011, Chapter 33 of the Statutes of 2011 (hereinafter"Budget Bill of a 2011/12")was enacted. Item 3790-401 stated that all grant funds previously appropriated from Proposition 40 that have not been expended by grant recipients prior to June 30, 2011 shall revert to the funds from which the appropriations were made. This provisions r° effectively terminated STATE's authority to pay out further grant funds under the PREVIOUS CONTRACT. m c� Pursuant to section 3790-103-6029 of the Budget Bill of 2011112, the Legislature appropriated a an amount equivalent to the balance remaining on June 30, 2011 in the 2002 California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Bond Fund. The 0 CL Legislature made these funds available for grants previously appropriated from Proposition 40 E funds which are deemed to have the highest priority statewide consistent with Section 5096.633 of the Public Resources Code. These funds are available for encumbrance on or before June 30, 2013, Per Government Code section 16304, the liquidation period of these funds is extended to on or before June 30, 2015. m 5. Pursuant to the Budget Bill of 2011112, item number 3790-103-6029 and 3790-401, STATE and GRANTEE agree to enter into this Agreement(hereinafter referred to as"CONTRACT"). x which establishes terms and conditions that allow the expenditure of the newly appropriated w grant funds established by Senate Bill 87 to complete the project(s) set forth in the CONTRACT. STATE and GRANTEE agree to cancel the PREVIOUS CONTRACT and agree to be bound by E the terms and conditions of this CONTRACT. E 0 m 1 Packet Pg. 893 S.F.n TERMS AND CONDITIONS The STATE, pursuant to the State Urban Parks & Healthy Communities Program in the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002, and through authority granted by section 3790-103-6029 of the Budget Bill of 2011/12, hereby grants to GRANTEE a sum (hereinafter referred to as "GRANT MONIES") not to exceed 701 864 subject to the terms and conditions of this CONTRACT, the GUIDES, any legislation applicable to the ACT, and the APPLICATION, In consideration thereof GRANTEE agrees to abide by the terms and conditions of this Y CONTRACT as well as the provisions of the ACT. GRANTEE acknowledges that the a GRANT MONIES are not a gift or a donation. d m in In addition to the terms and conditions of this CONTRACT, the parties agree that the terms and conditions contained in the documents set forth below are hereby incorporated into and o made part of this CONTRACT. N u. The PROCEDURAL GUIDE; v. The submitted APPLICATION(S). d 0 U- 1. GENERAL PROVISIONS a A. Definitions �o As used in this CONTRACT, the following words shall have the following meanings: 7' c m 121. The term "ACQUISITION" means to obtain fee title of real property or a 0 permanent easement which provides the recipient permanent rights to use the property a for the purposes of the project. Leases or rentals do not constitute ACQUISITION. o CL 122. The term "ACT"means the statutory basis for these grant programs. U 123. The term "APPLICATION" means the individual project application packet(s)for a grant(s)pursuant to the enabling legislation and/or grant program process guide requirements. m 124. The term "COMPETITIVE GRANT PROGRAM" means the Urban Park Act of 2001, the Murray Hayden Urban Youth Services Program, the State Urban Parks x and Healthy Communities Act, the Roberti-Z'berg-Harris Nonurban Needs Basis, w Roberti-Z'berg-Harris Urban Needs Basis or California Youth Soccer and Recreation Development program. E L U 125. The term "CONTRACT PERFORMANCE PERIOD"means the period of time described in Section 1 of this CONTRACT. The"CONTRACT PERFORMANCE a PERIOD" means the period of time during which the GRANTEE must use the property acquired or developed with the grant for purposes consistent with the grant. 2 Packet Pg. 894 B.F.n 126. The term "DEVELOPMENT"means capital improvements to real property by means of construction of permanent or fixed features of the property. 127. The term "GRANT PERFORMANCE PERIOD"means the period of time described in the Section I of this contract during which eligible costs can be charged to the grant and which begins on the date of appropriation and ends on the fund liquidation date. w c m 128. The term "GRANT SCOPE" means the items listed in the GRANT SCOPE/Cost cD Estimate Form(s)found in the APPLICATION(s). Y L 129. The term 'PROCEDURAL GUIDE" means the document identified as the "Procedural Guide for the 2002 Resources Bond Act[subprogram name]. The GUIDE t° provides the procedures and policies controlling the administration of the grant. (n N 130. The term "PROJECT TERMINATION" refers to the non-completion of a o GRANT SCOPE. L 131. The term 'REASONABLE HOURS OF OPERATION" means that the facility is available to the public during days and times consistent with the type of property, a the amount of the STATE GRANT MONIES invested In the project, the time of year, and the operating hours of similar facilities in nearby communities. U. J 132. The term "STATE" refers to the State of California acting by and through the California Department of Parks and Recreation. m B. Project Execution L 71. Subject to the availability of GRANT MONIES in the ACT, the STATE hereby grants to = the GRANTEE a sum of money not to exceed the amount stated in Section 1 of this °r CONTRACT, in consideration of, and on condition that, the sum be expended in a carrying out the purposes set forth in the GRANT SCOPE(S), and under the terms and E conditions set forth in this CONTRACT. ; c The GRANTEE shall assume the obligation to furnish any additional funds that may be necessary to complete the GRANT SCOPE(S). 72.All changes and alterations to the GRANT SCOPE must be approved in writing by the m STATE. GRANTEE'S failure to comply with this provision may be construed as a breach of the terms of the CONTRACT and result in the enforcement of the Project X Termination provision section E.found in this CONTRACT. w If the contract was funded under a COMPETITIVE GRANT PROGRAM, the GRANTEE agrees that any other project changes or alterations which deviate from E the project selection criteria responses provided by the GRANTEE in the original competitive APPLICATION must be submitted in writing to the STATE for prior approval. This requirement is necessary to maintain the integrity of the competitive a grant process. O 3 Packet Pg. 895 S.F.n 73.The GRANTEE shall complete the GRANT SCOPE in accordance with the time of the GRANT PERFORMANCE PERIOD set forth on page one of this CONTRACT, and under the terms and conditions of this CONTRACT. 74.The GRANTEE shall comply with the California Environmental Quality Act(Public Resources Code, Section 21000, et. seq., Title 14, California Code of Regulations, Section 15000 et. seq.). 75.The GRANTEE shall at all times comply with all applicable current laws and regulations affecting ACQUISITION and DEVELOPMENT projects, including, but not limited to, legal requirements for construction contracts, building codes, health and safety codes, Y and laws and codes pertaining to Individuals with dlsabilltles, Including but not Ilmited to a the Americans With Disabilities Act of 1990 (42 U.S.C. §12101 et.seq.) and the California Unruh Act(California Civil Code§51 et seq.) @ U) 76. If the GRANT SCOPE includes ACQUISITION of real property, the GRANTEE agrees to comply at all times with all applicable State and local laws or ordinances c affecting relocation and real property ACQUISITION. °- U 77. GRANTEE agrees that lands acquired with GRANT MONIES shall not be acquired d through the use of eminent domain. v m v a C. Project Costs LL a 21. GRANTEE agrees to abide by the GUIDES. m 22. GRANTEE acknowledges that the STATE may make reasonable changes to its m procedures as set forth in the GUIDES. If the STATE makes any changes to its procedures and guidelines, STATE agrees to notify GRANTEE within a reasonable time. x M N D. Project Administration a E 61, If GRANT MONIES are advanced for ACQUISITION projects, the GRANT MONIES shall be placed in an escrow account by GRANTEE. If GRANT MONIES are advanced _ and not expended, GRANTEE shall return the unused portion of the advanced funds to the STATE within 60 days after the close of escrow. m 62. If GRANT MONIES are advanced for DEVELOPMENT projects, the advanced funds shall be placed in an interest bearing account by GRANTEE until expended. Advanced X funds must be spent within six months from the date of receipt, unless the STATE w provides GRANTEE with a written waiver of this requirement. Interest earned on the advanced funds shall be used on the project as approved by the STATE. If GRANT E MONIES are advanced and not expended, the unused portion of the grant and any interest earned shall be returned to the STATE within 60 days after project completion or the end of the GRANT PERFORMANCE PERIOD whichever is earlier. a 63.The GRANTEE shall submit written project status reports within 30 calendar days after the STATE has made such a request. In any event, the GRANTEE shall provide the 4 Packet Pg.898 S.F.n STATE a report showing total final project expenditures within 60 days of project completion or the end of the GRANT PERFORMANCE PERIOD, whichever is earlier. The GRANT PERFORMANCE PERIOD is identified on page one of this CONTRACT. 64,The STATE shall have the right to inspect all property or facilities acquired and/or developed pursuant to this CONTRACT and the GRANTEE shall make such property or facilities available for inspection upon 24 hours notice from the STATE. C A 65. The GRANTEE and the STATE agree that if the GRANT SCOPE includes DEVELOPMENT,final payment may not be made until the work described in the x GRANT SCOPE is complete, a d 66.Any grant funds that have not been expended by the GRANTEE shall revert to the STATE. !' N C O E. Deed Restriction 11. In order to ensure that property improved or acquired with GRANT MONIES are used for purposes consistent with the grant, if the property acquired or developed with GRANT MONIES is owned by the GRANTEE, the GRANTEE must e record a deed restriction on the title to property prior to receiving payments for any purpose other than acquisition. The Deed Restriction shall include the ° LL following elements: oo. DURATION. (a)This Deed Restriction shall remain in full force and effect and shall bind Owner(s)and all his/her/their assigns or successors-in-interest during the CONTRACT PERFORMANCE PERIOD. pp. TAXES AND ASSESMENTS. The Deed Restriction shall be irrevocable and shall constitute an enforceable restriction within the meaning of a)Article XIII, section 8, of the California Constitution; and b)section 402.1 of the California Revenue and Taxation Code or successor statue. Furthermore,the Deed O Restriction shall be deemed to constitute a servitude upon and burden to the a Property within the meaning of section 3712(d)of the California Revenue and o Taxation Code, or successor statue, which survives a sale of tax-deeded property. E qq. RIGHT OF ENTRY. STATE or its agent or employees may enter onto the Property at times reasonably acceptable to Owner(s)to ascertain whether the m use restrictions set forth above are being observed. rr. 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 m use of the Property contrary to the terms of the Deed Restriction will be deemed a a violation and a breach hereof. STATE may pursue any and all available legal s and/or equitable remedies to enforce the terms and conditions of the Deed w Restriction. In the event of a breach, any forbearance on the part of STATE to enforce the terms and provisions hereof shall not be deemed a waiver of d enforcement rights regarding any subsequent breach. m F. Project Termination a 41. In the event of non-completion of a GRANT SCOPE, the GRANTEE shall return all GRANT MONIES to the STATE. 5 Packet Pg. 897 B.F.n 42.This CONTRACT maybe rescinded, modified or amended only by mutual written CONTRACT between the GRANTEE and the STATE, unless the provisions of this CONTRACT provide that mutual CONTRACT is not required for a rescission, modification or CONTRACT. 43. Failure by the GRANTEE to comply with the terms of this CONTRACT, as well as any other grant contracts or other CONTRACTS that GRANTEE has entered into with 2 STATE, may be cause for suspension of all obligations of the STATE under this CONTRACT unless the STATE determines that such failure was due to no fault of the s GRANTEE. In such case, STATE may reimburse GRANTEE for eligible costs properly a incurred in performance of this CONTRACT despite non-performance of the GRANTEE. To qualify for such reimbursement, GRANTEE agrees to mitigate its losses rn to the best of its ability. N 44.The GRANTEE agrees that in the event of a breach of this CONTRACT,the STATE o may seek, in addition to all remedies provided by law, specific performance of the CONTRACT In accordance with the purpose of the CONTRACT to preserve, protect and increase the quantity and quality of parks, public recreation facilities, opportunities and/or historic resources available to the people of the State of California. d LL G. Budget Contingency Clause a M For purposes of this program, if funding for any fiscal year is reduced or deleted by the budget act, executive order, the legislature, or by any other provision of statute,the STATE shall have the option to either cancel this contract with no liability occurring to the STATE, or offer a CONTRACT to GRANTEE to reflect a reduced grant amount. This paragraph shall not require the mutual CONTRACT as addressed in Paragraph E, subsection 2, of this CONTRACT. x a N H. Indemnity a E 51.The GRANTEE shall waive all claims and recourse against the STATE including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this CONTRACT except valid legal claims arising from the concurrent or sole negligence of the STATE, its officers, agents, and employees, m a 52.To the fullest extent of the law, the GRANTEE shall indemnify, hold harmless and x defend the STATE, its officers, agents and employees against any and all claims, w demands, damages, costs, expenses or liability costs arising out of the ACQUISITION, DEVELOPMENT, construction, operation or maintenance of the property described as £ the project which claims, demands or causes of action arise under California Government Code Section 895.2 or otherwise except for liability arising out of the concurrent or sole negligence of the STATE, its officers, agents, or employees, a 53.The GRANTEE agrees that in the event the STATE is named as codefendant under the provisions of California Government Code Section 895 et. seq.,the GRANTEE 6 Packet Pg. 898 8.F.n © shall notify the STATE of such fact and shall represent the STATE in the legal action unless the STATE undertakes to represent itself as codefendant in such legal action in which event the STATE shall bear its own litigation costs, expenses, and attorney's fees. 54.The GRANTEE and the STATE agree that in the event of judgment entered against the STATE and the GRANTEE because of the concurrent negligence of the STATE and the GRANTEE, their officers, agents, or employees, an apportionment of liability to pay @ such judgment shall be made by a court of competent jurisdiction. 0 N Y 55.The GRANTEE shall indemnify. hold harmless and defend the STATE, its officers, a agents and employees against any and all claims, demands, costs, expenses or liability m costs arising out of legal actions pursuant to items to which the GRANTEE has 4 certified. The GRANTEE acknowledges that it is solely responsible for compliance with items to which it has certified. 0 U I. Financial Records w d a: 21.The GRANTEE shall maintain satisfactory financial accounts, documents and records for the project and make them available to the STATE for auditing at reasonable times. o The GRANTEE also agrees to retain such financial accounts, documents and records LL for five years following project termination or final payment, whichever is later. 74 a 22.The GRANTEE shall keep such records as the STATE shall prescribe, including E records which fully disclose(a)the disposition of the proceeds of GRANT MONIES, (b) the total cost of the project; (c)the amount and nature of project funds provided by other sources, and (d)any other records that will facilitate an effective audit of use of the GRANT MONIES. x 3. The GRANTEE agrees that the STATE shall have the right to inspect and make copies N of any books, records or reports pertaining to this CONTRACT or matters related a thereto during regular office hours. The GRANTEE shall maintain and make available E for inspection by the STATE accurate records of all of its costs, disbursements and c receipts with respect to its activities under this CONTRACT. Such accounts, documents,and records shall be retained by the GRANTEE for 5 years following final payment of GRANT MONIES. m 4. The GRANTEE shall use a generally accepted accounting system. 72 J. Use of Facilities X w 81.The GRANTEE agrees to operate and maintain any property acquired or developed with the GRANT MONIES for the duration of the CONTRACT PERFORMANCE E s PERIOD. 82.The GRANTEE agrees that during the CONTRACT PERFORMANCE PERIOD, any a income earned by the GRANTEE from a STATE approved non-recreational use of O 7 PacketPg. 899 8.F.n the project shall be used for recreational purposes at the project, or, if approved by the STATE, for recreational purposes within the GRANTEE'S jurisdiction. 83. If the APPLICATION does not specify the days and hours of operation, the facility will have REASONABLE OPERATING HOURS. The GRANTEE shall request the STATE'S approval before making any changes to the hours of operation. N 84.If the APPLICATION specifies the hours of operation, the facility shall have operating hours consistent with the times proposed in the APPLICATION and be open to m members of the public in accordance with the project selection criteria in the s APPLICATION, unless otherwise granted permission by the STATE and except as a noted under the special provisions of this CONTRACT or under provisions of the d enabling legislation and/or grant program. in 85.The GRANTEE agrees that for the duration of the CONTRACT PERFORMANCE PERIOD, any property acquired or developed with GRANT MONIES under this o CONTRACT shall be used only for the purposes of the grant and consistent with the GRANT SCOPE referenced in the APPLICATION unless prior written approval is given by the STATE. a 86.The GRANTEE agrees to use any property acquired or developed with GRANT o MONIES under this CONTRACT only for the purposes of the grant and no other use, LL sale, or other disposition shall be permitted except as authorized by a specific act of J the legislature in which event the property shall be replaced by the GRANTEE with property of equivalent value and usefulness as determined by STATE. 00 ro 87.The property acquired or developed with GRANT MONIES may be transferred to another eligible entity only if the successor entity assumes the obligations imposed c under this CONTRACT and with written approval of the STATE. x 88.Any real property acquired or developed with GRANT MONIES (including any N portion of it or any interest in it) may not be used as security for any debt or $ mitigation, without the written approval of the STATE provided that such approval E shall not be unreasonably withheld as long as the purposes for which the GRANT ci MONIES were awarded are maintained. Any such permission that is granted does not make the STATE a guarantor or a surety for any debt or mitigation, nor does it waive the STATE'S rights to enforce performance under this CONTRACT. m 8. All real property, or rights thereto, acquired with GRANT MONIES shall be subject to an appropriate form of restrictive title, rights, or covenants required and approved by x the STATE. If the project property is taken by use of eminent domain, GRANTEE w shall reimburse the STATE an amount at least equal to the amount of GRANT MONIES received from the STATE or the pro rated full market value of the real property, including improvements, at the time of sale, whichever is higher. u U 9. If eminent domain proceedings are initiated against GRANTEE, GRANTEE shall a notify STATE within 10 days of receiving the complaint. 8 Packet Pg. 900 8.F.n K. Nondiscrimination 21.The GRANTEE shall not discriminate against any person on the basis of sex, race, creed, color, national origin, age, religion, ancestry, sexual orientation, disability, medical condition, or marital status in the use of property or a specific facility included in the GRANT SCOPE(S). N 22.The GRANTEE shall not discriminate against any person on the basis of residence, m and shall not apply differences in admission or other fees on the basis of residence. 0 Fees shall be reasonable and not unduly prevent use by economically x disadvantaged members of the public. a d R L. Severability N If any provision of this CONTRACT or the application thereof is held invalid, that invalidity c shall not affect other provisions or applications of the CONTRACT which can be given effect , without the invalid provision or application, and to this end the provisions of this contract are N severable. v m M. Liability o LL STATE assumes no responsibility for assuring the safety of construction, site improvements a or programs related to the GRANT SCOPE. The STATE'S rights under this CONTRACT to review, inspect and approve the GRANT SCOPE and any final plans of implementation shall not give rise to any warranty or representation that the GRANT SCOPE and any plans or improvements are free from hazards or defects. c m N. Assignability = a. Without the written consent of the STATE, the GRANTEE'S interest in and responsibilities o under this CONTRACT shall not be assignable by the GRANTEE either in whole or in part. E m U c O. Section Headings a The headings and captions of the various sections of this CONTRACT have been inserted m only for the purpose of convenience and are not a part of this CONTRACT and shall not be deemed In any manner to modify, explain, or restrict any of the provisions of this t CONTRACT. X w c v E r v m Q 9 Packet Pg. 901 B.F.n P. Waiver Any failure by a party to enforce its rights under this CONTRACT, in the event of a breach, shall not be construed as a waiver of said rights; and the waiver of any breach under this CONTRACT shall not be construed as a waiver of any subsequent breach. City of San Bernard"0 " Grantee By: Signature o A thorized Repre ntative (Position Authorized in the Resolution) a d Title: Director of Parks, Recreation and Community Svcs Dept, Date: 0 U N v L d d 0 LL J a o! co c m ,L^ V IL N O CL E R U c m K m t W W C d E t U 10 Q , © 10 AUDIT CHECKLIST An audit of the project may be performed. The grantee must retain and make available all project related records for a minimum of three years following project termination or final payment of grant funds. Listed below are some of the items the auditor will examine during the review of your records as applicable. It is the responsibility of the grantee to have these records available in a central location ready for review once an audit date and time has been confirmed. If you haw any questions regarding these documents, you may contact the State Department of Parks and Recreation Audits Office at (916)445-8999. CONTRACTS MINOR CONTRACTS!MATERIALS/SERVICESIEQUIPMENT w RENTALS Summary list of bidders(including individual bid @ packages) Purchase orders/Contracts/Service Agreements 0 N Recommendation by reviewer of bids Invoices a Awarding by governing body(minutes of the Payments(actual cancelled checks/warrants") meefing/resolution) Construction contract agreement ACQUISITION N C Contract bonds(bid,performance,payment) Appraisal Report ; Contract change orders Did the owner accompany the appraiser? N d Contractor's progress billings 10 year history Payments to contractor(cancelled checks/warrants") Statement of just compensation(signed by seller) o Stop Notices (filed by subcontractors and release if Statement of difference(if purchased above LL applicable) appraisal) a _ Liquidated damages(claimed against the contractor) Waiver of just compensation(if purchased below appraisal: signed by seller) m Notice of completion(recorded) Final Escrow Closing Statement c FORCE LABOR* Cancelled checks/warrants(payment(s)to seller(s)) Authorization/work order identifying project Grant deed (vested to the participant)or final order of a condemnation c Daily time sheets signed by employee and supervisor c Title Insurance policy(issued to participant) E Hourly rate(salary schedules/payroll register) @ _ Relocation documents c Fringe benefits(provide breakdown) a Income(rental,grazing,sale of improvements,etc.) IN-HOUSE EQUIPMENT` o] INTEREST .• Authorization/work order Schedule of interest earned on State funds advancec X Dally time records identifying the project site Note: Interest on grant advances is accountable, w even if commingled in a pooled fund account and/or Hourly rate related backup documents interest was never allocated back to the grant fund. E AGREEMENTICONTRACTS u R x Leases,agreements, etc., pertaining to Q developed/acquired property * Estimated time expended on the projects is not acceptable. Actual time records and all supporting documentation �t must be maintained as charges are incurred and made available for verification at the time of audit. Front and back if copied. Revised 1/12/2006 Packet Pg. 9 33