HomeMy WebLinkAboutA8925 - CALIFORNIA DEPT OF PARKS & RECREATIONRECORDING REQUESTED BY:
California Department of Parks and Recreation
Office of Grants and Local Services
WHEN RECORDED MAIL TO:
Office of Grants and Local Services
PO Box 942896
Sacramento, CA 94296-0001
Attn: Anne Davigeadono
2021-0669538
11/10/2021 11:42 AM Fee: $ 0.00
Page 1 of 16
Recorded in Official Records
County of Riverside
Peter Aldana
Assessor -County Clerk -Recorder
1111�5'�AI�i�P'�tt�I�lM�llfi
SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE
DEED RESTRICTION
I. WHEREAS, the City of Palm Springs (hereinafter referred to as "Owner(s)" is/are
recorded owner(s) of the real property described in Exhibit A, attached and incorporated herein by
reference (hereinafter referred to as the "Property"); and
887
II. WHEREAS, the California Department of Parks and Recreation (hereinafter referred to
as "DPR") is a public agency created and existing under the authority of section 5001 of the California
Public Resources Code (hereinafter referred to as the "PRC"); and
III. WHEREAS, Owner(s) (or Grantee) applied to DPR for grant funds available pursuant to
the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All of 2018
Parks Bond Act, 2018 Parks Bond Act Per Capita Program for installation of new shade structures at
Palm Springs Swim Center on the Property; and
IV. WHEREAS, on July 1, 2020, DPR's Office of Grants and Local Services conditionally
approved Grant 18-33-006 , (hereinafter referred to as "Grant") for installation of new shade structures at
Palm Springs Swim Center on the Property, subject to, among other conditions, recordation of this Deed
Restriction on the Property; and
V. WHEREAS, but for the imposition of the Deed Restriction condition of the Grant, the
Grant would not be consistent with the public purposes of the 2018 Parks Bond Act, 2018 Parks Bond
Act Per Capita Program and the funds that are the subject of the Grant could therefore not have been
granted; and
VI. WHEREAS, Owner(s) has/ve elected to comply with the Deed Restriction of the Grant,
so as to enable Owner(s), to receive the Grant funds and perform the work described in the Grant;
NOW, THEREFORE, in consideration of the issuance of the Grant funds by DPR, the
undersigned Owner(s) for himself/herself/themselves and for his/her/their heirs, assigns, and successors -
in -interest, hereby irrevocably covenant(s) with DPR that the condition of the grant (set forth at
paragraph(s) 1 through 5 and in Exhibit B hereto) shall at all times on and after the date on which this
Deed Restriction is recorded constitute for all purposes covenants, conditions and restrictions on the use
and enjoyment of the Property that are hereby attached to the deed to the Property as fully effective
components thereof.
1. DURATION. (a) This Deed Restriction shall remain in full force and effect and shall
bind Owner(s) and all his/her/their assigns or successors -in -interest for the period running from July 1,
2018 through June 30, 2048.
2. TAXES AND ASSESMENTS. It is intended that this Deed Restriction is irrevocable
and shall constitute an enforceable restriction within the meaning of a) Article XIII, section 8, of the
California Constitution; and b) section 402.1 of the California Revenue and Taxation Code or successor
statue. Furthermore, this Deed Restriction shall be deemed to constitute a servitude upon and burden to
the Property within the meaning of section 3712(d) of the California Revenue and Taxation Code, or
successor statue, which survives a sale of tax -deeded property.
3. RIGHT OF ENTRY. DPR or its agent or employees may enter onto the Property at times
reasonably acceptable to Owner(s) to ascertain whether the use restrictions set forth above are being
observed.
4. REMEDIES. Any act, conveyance, contract, or authorization by Owner(s) whether
written or oral which uses or would cause to be used or would permit use of the Property contrary to the
terms of this Deed Restriction will be deemed a violation and a breach hereof. DPR may pursue any and
all available legal and/or equitable remedies to enforce the terms and conditions of this Deed Restriction
up to and including a lien sale of the property. In the event of a breach, any forbearance on the part of
DPR to enforce the terms and provisions hereof shall not be deemed a waiver of enforcement rights
regarding any subsequent breach.
5. SEVERABILITY. If any provision of these restrictions is held to be invalid, or for any
reason becomes unenforceable, no other provision shall be affected or impaired.
Dated: u v 1' I , 2021
Business Name (if property is owned by a business):
Owner(s) Name(s): City of Palm Springs
Signed: F..,,,
Jus In Clifton, City Vanager
PRINT/TYPE NAME & TITLE OF ABOVE
(GRANTEE'S AUTHORIZED REPRESENTATIVE)
Signed:
PROVED qg TO FORM
y "�
A u
Date
--" 7-cg-
PRINT/TYPE NAME & TITLE OF ABOVE
(ADDITIONAL SIGNATURE, AS REQUIRED)
"NOTARY ACKNOWLEDGEMENT ON THE NEXT PAGE**
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of gtyt%i L-e
On S'�?I£CM fttZ (t Z4V before me, ONLI6 'U 44, tDWMGI , a Notary Public,
personally appeared J MS7 I N f" G I FTo N , who proved to me on the basis of
satisfactory evidence to be the personN whose name(w, is are subscribed to the within instrument and
acknowledged to me tha6she/they executed the same in )/her/their authorized capacityl(i<, and that
by is er/their signatures on the instrument the persons or the entity upon behalf of which the
person('s)acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my ha official seal.
Signature (Seal)
70,.
MONIQUE M. LOMELI
Notary Public • California
Riverside County
Commission t 2267330
y Comm. Expires Nov 17, 2022
EXHIBIT "A"
BOUNDARY LEGAL DESCRIPTION
CITY OF PALM SPRINGS - PALM SPRINGS SWIM CENTER
R 21-10-0450
2018 PARKS BOND ACT PER CAPITA PROGRAM DEED RESTRICTION CONTRACT 18-33-006
BOUNDARY LEGAL DESCRIPTION
CITY OF PALM SPRINGS — PALM SPRINGS SWIM CENTER
R 21-10-0450
THIS LEGAL DESCRIPTION OF THE SWIM CENTER BOUNDARY IS BASED ON A
RECORD OF SURVEY DRAWING AND SHOULD BE USED FOR ESTIMATION
PURPOSES ONLY. THIS BOUNDARY IS OFFSET 3 FEET FROM SURROUNDING
WALLS TO ACCOUNT FOR WALL FOOTINGS. A GROUND SURVEY SHOULD BE
CONDUCTED FOR AN ACCURATE LEGAL DESCRIPTION OF THE SWIM CENTER
BOUNDARY.
That portion of the Lot 26 in Section 13, Township 4 South, Range 4 East, SBB&M as
shown Map of Palm Valley Colony Lands, in Book 14, Page 652, Records of San Diego
County, State of California, as shown on Record of Survey, Book 57/076, Records of
Riverside County Recorder, Riverside, California, State of California.
COMMENCING at the Southeast corner of said Lot 26, as shown on said Record of
Survey, thence South 89049'51" West, a distance of 416 feet, more or less, along the
centerline of Ramon Road;
Thence North 00010'09" West, a distance of 50 feet to the Right -of -Way line of said
Ramon Road;
Thence leaving said Right -of -Way line and continuing North 00°10'09" West, a distance
of 62 feet, more or less, to the POINT OF BEGINNING.;
Thence North 83012'28" East, a distance of 126 feet, more or less;
Thence South 06045'15" East, a distance of 7 feet, more or less;
Thence North 83°12'39" East, a distance of 170 feet, more or less;
Thence North 08017'51" West, a distance of 8 feet, more or less;
Thence North 83007'32" East, a distance of 36 feet, more or less;
Thence North 08'11'45" West, a distance of 100 feet, more or less;
Thence South 82022'41" West, a distance of 36 feet, more or less;
Thence North 08007'43" West, a distance of 103 feet, more or less;
BOUNDARY LEGAL DESCRIPTION
CITY OF PALM SPRINGS — PALM SPRINGS SWIM CENTER
R 21-10-0450
Thence South 81 °56'57" West, a distance of 297 feet, more or less;
Thence South 08'02'44" East, a distance of 136 feet, more or less;
Thence South 82°10'37" West, a distance of 44 feet, more or less;
Thence South 07°17'47" East, a distance of 35 feet, more or less;
Thence North 83°14'45" East, a distance of 45 feet, more or less;
Thence South 08021'22" East, a distance of 25 feet, more or less, to the POINT OF
BEGINNING.
Said parcel contains 1.50 Acres (65,330 S.F.), more or less.
EXHIBIT "B"
GRANT CONTRACT 18-033-006
CITY OF PALM SPRINGS - PALM SPRINGS SWIM CENTER
2018 PARKS BOND ACT PER CAPITA PROGRAM DEED RESTRICTION CONTRACT 18-33-006
DocuSign Envelope ID: 5A10EA3B-E6E0-4AF3-BCF1-328306412186
State of California - Natural Resources Agency
DEPARTMENT OF PARKS AND RECREATION
GRANT CONTRACT
2018 Parks Bond Act
Per Capita Grant Program
GRANTEE City of Palm Springs
THE PROJECT PERFORMANCE PERIOD is from July 01, 2018 through June 30, 2024
CONTRACT PERFORMANCE PERIOD is from Jam, 2111 R through Tune 3n, 2048
The GRANTEE agrees to the terms and conditions of this Contract, and the State of California, acting
through its Director of the Department of Parks and Recreation, pursuant to the State of Califomia, agrees
to fund the total State grant amount indicated below.
The GRANTEE agrees to complete the GRANT SCOPE(s) as defined in the GRANT SCOPE/Cost
Estimate Form or acquisition documentation for the application(s) filed with the State of Califomia.
The General and Special Provisions attached are made a part of and incorporated into the Contract.
City of Palm Springs
6rarliee
By ��
4Slgnature of Autwind R
"Title City Manager
Date /
STATE OF CALIFORNIA
DEPARTMENT OF PARKS AND RECREATION
DoeuSigned by:
By
Date 5/17/2021
CERTIFICATION OF FUNDING
CONTRACT NO
AMENDMENT NO
FISCAL SUPPLIER I.D.
p
�U6
C9801503
0000007418
18J33
8 33 U6
18-33-007
AMOUNT ENCUMBERED BY THS DOCUMENT
FUND.
$177.962.00
Drought, Water, Cln Air, Call Prote. Outdoor Fund
PRIOR AMOUNT ENCUMBERED FOR THIS
REM
CHAPTER
STATUTE
FISCAL YEAR
CONTRACT
3790-101-6088
29
18
202021
TOTAL AMOUNT ENCUMBERED TO DATE
Reporting Slnzt md.
V=ourtfttAccoum
I ACTIVITY CODE
PROJECT / WORK PHASE
_ $177,9s2.00
37900091
5432000-613200 =
89801
T.SA NO.
I hereby ow" upon my personal krmwbdgs tlrat budgeted tl+rldt ere evellable for this encranbrance.
B.R.. NO.
ACCOUNTING OFFICER'S SIGNATURE
DATE.
APPROVED AS TO FORM
422�' L4
~_
CITY A ORNEY
APPROVED t3Y J1j`f 0a 11
DocuSign Envelope ID: 5A10EA3B-E6E0-4AF3-BCF1-328306412186
I. RECITALS
This CONTRACT is entered into between the California Department of Parks and
Recreation (hereinafter referred to as "GRANTOR," "DEPARTMENT" or "STATE") and
City of Palm Springs (hereinafter referred to as "GRANTEE").
The DEPARTMENT hereby grants to GRANTEE a sum (also referred to as "GRANT
MONIES") not to exceed $177,952 , subject to the terms and conditions of this
AGREEMENT and the 2018/19 California State Budget, Chapter 29, statutes of 2018,
Item number — 3790-101-6088 (appropriation chapter and budget item number
hereinafter referred to as "PER CAPITA GRANT"). These funds shall be used for
completion of the GRANT SCOPE(S).
The Grant Performance Period is from July 01, 2018 to June 30.2024 .
A. Definitions
As used in this CONTRACT, the following words shall have the following meanings:
1. The term "ACT" means the California Drought, Water, Parks Climate, Coastal
Protection, and Outdoor Acoess for All Act of 2018, as referred to in section 1 of this
CONTRACT.
2. The term "APPLICATION" means the individual project APPLICATION packet for a
project pursuant to the enabling legislation and/or grant program process guide
requirements.
3. The term "DEPARTMENT" or "STATE" means the California Department of Parks
and Recreation.
4. The temp "DEVELOPMENT" means capital improvements to real property by
means of, but not limited to, construction, expansion, and/or renovation, of
permanent or fixed features of the property.
5. The term "GRANTEE" means the party described as the GRANTEE in Section I of
this CONTRACT.
6. The term "GRANT SCOPE" means the items listed in the GRANT SCOPE/Cost
Estimate Form or acquisition documentation found in each of the
APPLICATIONS submitted pursuant to this grant.
7. The term "PROCEDURAL GUIDE" means the document identified as the
"Procedural Guide for California Drought, Water, Parks, Climate, Coastal
Protection, and Outdoor Acoess For All Act of 2018 Per Capita Program." The
DocuSign Envelope ID: 5A10EA3B-E6E0-4AF3-BCF1-328306412186
PROCEDURAL GUIDE provides the procedures and policies controlling the
administration of the grant.
B. Project Execution
Subject to the availability of GRANT MONIES, the STATE hereby grants to the
GRANTEE a sum of money not to exceed the amount stated in Section I of this
CONTRACT, in consideration of, and on condition that, the sum be expended in
carrying out the purposes as set forth in the scope described in the enabling
legislation and referenced in the APPLICATION, Section I of this CONTRACT, and
under the terms and conditions set forth in this CONTRACT.
The GRANTEE shall assume any obligation to furnish any additional funds that
may be necessary to complete the GRANT SCOPE(S).
The GRANTEE agrees to submit any change or alteration from the original GRANT
SCOPE(S) in writing to the STATE for prior approval. This applies to any and all
changes that occur after STATE has approved the APPLICATION. Changes in the
GRANT SCOPE(S) must be approved in writing by the STATE.
2. The GRANTEE shall complete the GRANT SCOPE(S) in accordance with the time
of the Performance Period set forth in Section I of this CONTRACT, and under the
terms and conditions of this CONTRACT.
3. 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.).
4. The GRANTEE shall comply with all applicable current laws and regulations
affecting DEVELOPMENT projects, including, but not limited to, legal requirements
for construction contracts, building codes, health and safety codes, and laws and
codes pertaining to individuals with disabilities, including but not limited to 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.).
C. Project Costs
1. GRANTEE agrees to abide by the PROCEDURAL GUIDE.
2. GRANTEE acknowledges that STATE may make reasonable changes to its
procedures as set forth in the PROCEDURAL GUIDE. If STATE makes any
changes to its procedures and guidelines, STATE agrees to notify GRANTEE
within a reasonable time.
D. Project Administration
1. If GRANT MONIES are advanced for DEVELOPMENT projects, the advanced
funds shall be placed in an interest bearing account until expended. Interest
earned on the advanced funds shall be used on the project as approved by the
STATE. If grant monies are advanced and not expended, the unused portion of the
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grant and any interest earned shall be returned to the STATE within 60 days after
project completion or end of the Grant Performance Period, whichever is earlier.
2. 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 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 in Section I of this CONTRACT.
3. The GRANTEE shall make property or facilities acquired and/or developed
pursuant to this contract available for inspection upon request by the STATE.
E. Project Termination
1. Project Termination refers to the non -completion of a GRANT SCOPE. Any
grant funds that have not been expended by the GRANTEE shall revert to the
STATE.
2. The GRANTEE may unilaterally rescind this CONTRACT at any time prior to the
commencement of the project. The commencement of the project means the date
of the letter notifying GRANTEE of the award or when the funds are appropriated,
whichever is later. After project commencement, this CONTRACT may be
rescinded, modified or amended only by mutual agreement in writing between the
GRANTEE and the STATE, unless the provisions of this CONTRACT provide that
mutual agreement is not required.
3. Failure by the GRANTEE to comply with the terms of the (a) PROCEDURAL
GUIDE, (b) any legislation applicable to the ACT, (c) this CONTRACT as well as
any other grant contracts, specified or general, that GRANTEE has entered into
with STATE, may be cause for suspension of all obligations of the STATE 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 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.
4. Any breach of any term, provision, obligation or requirement of this CONTRACT by
the GRANTEE shall be a default of this CONTRACT. In the case of any default by
GRANTEE, STATE shall be entitled to all remedies available under law and equity,
including but not limited to: a) Specific Performance; b) Return of all GRANT
MONIES; c) Payment to the STATE of the fair market value of the project property
or the actual sales price, whichever is higher; and d) Payment to the STATE of the
costs of enforcement of this CONTRACT, including but not limited to court and
arbitration costs, fees, expenses of litigation, and reasonable attorney fees.
5. 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
GRANT SCOPE is complete and the GRANT PROJECT is open to the public.
F. Budget Contingency Clause
K]
DocuSign Envelope ID: 5A10EA3B-E6E0-4AF3-BCF1-328306412186
If funding for any fiscal year is reduced or deleted by the budget act for purposes of this
program, the STATE shall have the option to either cancel this contract with no liability
occurring to the STATE, or offer a CONTRACT amendment to GRANTEE to reflect the
reduced grant amount. This Paragraph shall not require the mutual agreement as
addressed in Paragraph E, provision 2, of this CONTRACT.
G. Hold Harmless
1. 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
claims arising from the concurrent or sole negligence of the STATE, its officers,
agents, and employees.
2. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers,
agents and employees against any and all claims, 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.
3. 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 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 GRANTEE agrees to pay the STATE's
litigation costs, expenses, and reasonable attorney fees.
4. 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.
Neither party shall request a jury apportionment.
5. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers,
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.
H. Financial Records
1. The GRANTEE shall maintain satisfactory financial accounts, documents, including
loan documents, and all other records for the project and to make them available to
the STATE for auditing at reasonable times. The GRANTEE also agrees to retain
such financial accounts, documents and records for five years following project
4
DocuSign Envelope ID: 5A10EA3B-E6E0-4AF3-BCF1-328306412186
termination or issuance of final payment, whichever is later.
2. The GRANTEE shall keep such records as the STATE shall prescribe, including
records which fully disclose (a) the disposition of the proceeds of STATE funding
assistance, (b) the total cost of the project in connection with such assistance that is
given or used, (c) the amount and nature of that portion of the project cost supplied
by other sources, and (d) any other such records that will facilitate an effective
audit.
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 for inspection by the STATE accurate records of all of its costs,
disbursements and receipts with respect to its activities under this contract. Such
accounts, documents, and records shall be retained by the GRANTEE for at least
five years following project termination or issuance of final payment, whichever is
later.
4. The GRANTEE shall use a generally accepted accounting system.
I. Use of Facilities
1. The GRANTEE agrees that the GRANTEE shall operate and maintain the property
acquired or developed with the GRANT MONIES, for the duration of the Contract
Performance Period.
2. The GRANTEE agrees that, during the Contract Performance Period, the
GRANTEE shall use the property acquired or developed with GRANT MONIES
under this contract only for the purposes of this grant and no other use, sale, or
other disposition or change of the use of the property to one not consistent with
its purpose shall be permitted except as authorized by the STATE and the
property shall be replaced with property of equivalent value and usefulness as
determined by the STATE.
3. The property acquired or developed may be transferred to another entity if the
successor entity assumes the obligations imposed under this CONTRACT and
with the approval of STATE.
4. Any real Property (including any 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 shall not be unreasonably withheld as long as the
purposes for which the Grant was 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
the Grant CONTRACT.
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DocuSign Envelope ID: 5A10EA3B-E6E0-4AF3-BCF1-328306412186
5. All real property, or rights thereto, acquired with GRANT MONIES shall be subject
to an appropriate form of restrictive title, rights, or covenants approved by the
STATE. If the project property is taken by use of eminent domain, GRANTEE
shall reimburse STATE an amount at least equal to the amount of GRANT
MONIES received from STATE or the pro -rated full market value of the real
property, including improvements, at the time of sale, whichever is higher.
6. If eminent domain proceedings are initiated against GRANTEE, GRANTEE shall
notify STATE within 10 days of receiving the complaint.
J. Nondiscrimination
1. The GRANTEE shall not discriminate against any person on the basis of sex,
race, color, national origin, age, religion, ancestry, sexual orientation, or disability
in the use of any property or facility developed pursuant to this contract.
2. The GRANTEE shall not discriminate against any person on the basis of
residence except to the extent that reasonable differences in admission or other
fees may be maintained on the basis of residence and pursuant to law.
3. All facilities shall be open to members of the public generally, except as noted
under the special provisions of this project contract or under provisions of the
enabling legislation and/or grant program.
K. Severability
If any provision of this CONTRACT or the application thereof is held invalid, that
invalidity 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.
L. Liability
1. STATE assumes no responsibility for assuring the safety or standards 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 shall not give rise
to any warranty or representation that the GRANT SCOPE and any plans or
improvements are free from hazards or defects.
2. GRANTEE will secure adequate liability insurance, performance bond,
and/or other security necessary to protect the GRANTEE's and STATE'S
interest against poor workmanship, fraud, or other potential loss associated
with completion of the grant project.
M. Assignability
0
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Without the written consent of the STATE, the GRANTEE'S interest in and
responsibilities under this CONTRACT shall not be assignable by the GRANTEE
either in whole or in part.
N. Use of Grant Monies
GRANTEE shall not use any grant funds (including any portion thereof) for the
purpose of making any leverage loan, pledge, promissory note or similar financial
device or transaction, without: 1) the prior written approval of the STATE; and 2)
any financial or legal interests created by any such leverage loan, pledge,
promissory note or similar financial device or transaction in the project property
shall be completely subordinated to this CONTRACT through a Subordination
Agreement provided and approved by the STATE, signed by all parties involved in
the transaction, and recorded in the County Records against the fee title of the
project property.
O. Section Headings
The headings and captions of the various sections of this CONTRACT have been
inserted 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 CONTRACT.
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 Palm Sorinas
GRANTEE
B ' APPROVED AS TO FORM
Signature of Authori epresentative-t
Tile: 1U Qea� 'ATT�
Date. �
✓CITY NEY
STATE OF CALIFORNIA
DEP EN�Tn� PARKS AND RECREATION
By:
go. eta
Date: 5/17/2021
7
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CONTRACT ABSTRACT
3 Orilainal: Deed Restriction Per Capita Grant for Palm SDrinas Swim Center Shade
structures
Contract
Company Name: State of California Dept. of Parks & Recreation
Summary of Services: Deed Restriction for Palm Springs Swim Center
Shade Structures Project
Grant Application Total: $102,952
Contract Term: June 30, 2048
Contract Administration
Lead Department: Parks & Recreation
Contract Administrator: Cynthia Alvarado
City Council Approval: October 22, 2020
Resolution Number: 24809
Agreement Number: N/A )V
Contract Compliance
Exhibits:
N/A
Signatures:
Attached
Insurance:
N/A
Bonds:
N/A
Deed Restriction Prepared By: State
Submitted on: 05/26/2021 By: Tabitha Richards
City Council Minutes October 22, 2020
J. APPROVE AN AGREEMENT WITH ALLIANCE RESOURCE CONSULTING,
LLC, TO PROVIDE AN EXECUTIVE RECRUITMENT SEARCH FOR CITY
MANAGER
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 4-0, to:
1. Approve an Agreement with Alliance Resource Consulting, LLC, to provide an
Executive Recruitment search for City Manager. A8617
2. Authorize the City Manager to execute any documents necessary to effectuate the
above actions.
K. ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING APPLICATIONS) FOR PROPOSITION
68 PER CAPITA GRANT FUNDS
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 4-0, o:
1- Approve the two following projects for the Proposition 68 Per Capita Grant:
ames 0. Jessie Desert Highland Unity Center Ball Park Project, and Swim Center
Shade Structures.
2. Adopt Resolution No. 24809 entitled, "A RESOLUTION OF THE CFFY COUNCIL
OF THE CITY OF PALM SPRINGS, CAI,IFORNFA, APPROVING ALL
APPLICATION(S) FOR PROPOSITION-68 PER CAPITA GRANT FUNDS."
3. Authorize the City Manager to execute all documents.
L. LETTER OF SUPPORT FOR CALIFORNIA COMMUNITY CHOICE
ASSOCIATION'S REQUEST FOR CHANGES TO THE POWER CHARGE
INDIFFERENCE ADJUSTMENT
MOTION BY COUNCILMEMBER WOODS, SECOND BY COUNCILMEMBER
GARNER, CARRIED 4-0, to authorize the City Council to sign onto a letter of support for
California Community Choice Association (CaICCA) request for changes to the Power
Charge Indifference Adjustment (PCIA).
City of Palm Springs Page 6
ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES
RESOLUTION NO.24809
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING ALL
APPLICATION(S) FOR PROPOSITION 68 PER CAPITA
GRANT FUNDS.
WHEREAS, the State Department of Parks and Recreation has been delegated
the responsibility by the Legislature of the State of California for the administration of the
Per Capita Grant Program, setting up necessary procedures governing application(s);
and
WHEREAS, said procedures established by the State Department of Parks and
Recreation require the grantee's Governing Body to certify by resolution the approval of
project application(s) before submission of said applications to the State; and.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS
HEREBY DETERMINES, RESOLVES AND APPROVES AS FOLLOWS:
SECTION 1. Approves the filing of project application(s) for Per Capita program
grant project(s).
SECTION 2. Certifies that the City of Palm Springs has or will have available, prior
to commencement of project work utilizing Per Capita funding, sufficient funds to
complete the project(s).
SECTION 3. Certifies that if the project is awarded, the City of Palm Springs has
or will have sufficient funds to operate and maintain the project(s).
SECTION 4. Certifies that all projects proposed will be consistent with the park
and recreation element of the City of Palm Springs' general or recreation plan (PRC
§80063(a)).
SECTION 5. Certifies that these funds will be used to supplement, not supplant,
local revenues in existence as of June 5, 2018 (PRC §80062(d)); and
SECTION 6. Certifies that it will comply with the provisions of §1771.5 of the State
Labor Code.
SECTION 7. (PRC §80001(b)(8)(A-G)) To the extent practicable, as identified in
the "Presidential Memorandum --Promoting Diversity and Inclusion in Our National Parks,
National Forests, and Other Public Lands and Waters," dated January 12, 2017, the City
of Palm Springs will consider a range of actions that include, but are not limited to, the
following:
(A) Conducting active outreach to diverse populations, particularly minority,
low income, and disabled populations and tribal communities, to
increase awareness within those communities and the public generally
Resolution No. 24809
Page 2
about specific programs and opportunities.
(B) Mentoring new environmental, outdoor recreation, and conservation
leaders to increase diverse representation across these areas.
(C) Creating new partnerships with state, local, tribal, private, and nonprofit
organizations to expand access for diverse populations.
(D) Identifying and implementing improvements to existing programs to
increase visitation and access by diverse populations, particularly
minority, low-income, and disabled populations and tribal communities.
(E) Expanding the use of multilingual and culturally appropriate materials in
public communications and educational strategies, including through
social media strategies, as appropriate, that target diverse populations.
(F) Developing or expanding coordinated efforts to promote youth
engagement and empowerment, including fostering new partnerships
with diversity -serving and youth -serving organizations, urban areas, and
programs.
(G)Identifying possible staff liaisons to diverse populations.
SECTION 8. Agrees that to the extent practicable, the project(s) will provide
workforce education and training, contractor and job opportunities for disadvantaged
communities (PRC §80001(b)(5)).
SECTION 9. Certifies that the City of Palm Springs shall not reduce the amount
of funding otherwise available to be spent on parks or other projects eligible for funds
under this division in its jurisdiction. A one-time allocation of other funding that has been
expended for parks or other projects, but which is not available on an ongoing basis, shall
not be considered when calculating a recipient's annual expenditures. (PRC §80062(d)).
SECTION 10. Certifies that the City of Palm Springs has reviewed, understands,
and agrees to the General Provisions contained in the contract shown in the Procedural
Guide.
SECTION 11. Delegates the authority to the City Manager, or designee, to
conduct all negotiations, sign and submit all documents, including, but not limited to
applications, agreements, amendments, and payment requests, which may be necessary
for the completion of the Grant Scope(s).
SECTION 12. Agrees to comply with all applicable federal, state and local laws,
ordinances, rules, regulations and guidelines.
Resolution No. 24809
Page 3
PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS
22ND DAY OF OCTOBER, 2020.
David H. Ready, City Ma
ATTEST:
w
�dfhony J. M Iji ,
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) ss.
CITY OF PALM SPRINGS)
I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 24809 is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on October 22, 2020, by the
following vote:
AYES:
Councilmembers Garner, Middleton, Woods, and Mayor Kors
NOES:
None
ABSENT:
Mayor Pro Tem Holstege
ABSTAIN:
None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Springs, California, this tom. + day of t4Qjgmkq,,or202
A71hony J. 'ia M
City Clerk