HomeMy WebLinkAbout01253A - TAHQUITZ CANYON PARK STATE COUNTY CITY TRI PARTY AGR PARCEL 22 SEC 22 > I
STATE OF CALIFORNIA AW, County & City - Triri-
Resources Agency party agr re Co. 's 3/20 int.
Department of Parks and Recreation in Parcel 22, Sec 22
PROJECT AGREEMENT AGREEMENT #1253A (Orig10-21-7f
STATE BEACH,PARK,RECREATIONAL AND HiSTORIC< Res 11927, 9-15-76
BOND ACT of 1974
Project Title Tahguitz Canyon -
Applicant County of Riverside Project Number 33-0027
Project Performance Period Date of approval to June 30, 1978 -
Description of Project(and purposes for which grant moneys were requested)
This project proposes the purchase of an undivided 3/20 interest in
a + 22 acre parcel of land which is a portion of a proposed regional
park that will run through the heart of the City of Palm Springs from
the base of San Jacinto Mountains on the west to the Whitewater wash
on the east. There is no relocation involved,
The City of Palm Springs will operate and maintain the Park.
Budget Act of 1975 Item Number 390(195)
1. Allocated for acquisition $35 DDD
2. Allocated for development
Total State Grant not to exceed$ 35,000
The General and Special Provisions attached are macle a part of and are incorporated into the Agreement.
SLata of California—Tne Resources Agency ,
DEPARTMENT OF PARKS AND RECREATION _
CERTIFICATION OF FUNDING
CONTRACT NUMBER FUND "tAt and
— --3 � ?313trZiv at ?,'AC1.itit2n iPund a:' ?c374
AMOUNT OF TH IS ESTIMATE APPROPRIATION
Kk
UNENCUMBERED BALANCE ITEM CHAPTER STATUTES FISCAL YEAR
3%.fl Jf14s o 1 in . f3
ADJ.INCREASING ENCUM- FUNCTION
BRANCE
ADJ.DECREASING ENCUM- LINE ITEM ALLOTMENT
BRANCE 30+7E S0640 a
I Hereby Certify upon my own personal knowledge thatbudgeted funds T.B.A.NUMBER B.R.NUMBER
are available for this encumbrance.
SIGNATURE OF ACCOUNTING OFFICER Date r'
DPR 526 (6/73)
4 - _ STATE OF CALIFORNIA
Resources Agency
-' Department of Parks and Recreation
PROJECT AGREEMENT -
STATE BEACH,PARK,RECREATIONAL_AND HISTORICAL FACILITIES
BOND ACT of 1974
Project Title Tahquitz Canyon
Applicant County of Riverside Project Number 33-0027
Project Performance Period Date of approval to June 30, 1978 -
Description of Project(and purposes for which grant moneys were requested)
it
This project proposes the purchase of an undivided 3/20 interest in
a + 22 acre parcel of ,land which is a portion of a proposed regional
park that will run through the heart of the City of Palm Springs from
the base of San Jacinto Mountains on the west to the Whitewater Wash
on the east. There is no relocation involved.
The City of Palm Springs will operate and maintain the Park.
Budget Act of 1975 Item Number 390 095)
1. Allocated for acquisition $35,000
2. Allocated for development
Total State Grant not to exceed S
35,000
The General and Special Provisions attached are mada a part of and are incorporated into the Agreement.
County of Riverside
Applicant
Title Parks D,ireetor
Date 8-11-76 STATE OF CALIFORNIA
DEPARTM IN OF PARKS AND RECREATION
By
Title By V
- Date Date 0CT L 1 7ij
DPR 463(Rev.4/76)
STATE BEACH,PARK,RREATIONAL AND HISTORICAL FACILITIES BO�CTOF 1974
Project Agreement - -
Special Provisions
The City of Palm Springs, in consideration of the execution of this grant by
the State of California, agrees that the property acquired ldith grant monies
under this agreement shall be used only for the purposes for which the State
Grant monies were, requested and no other use of the area shall be permitted
by either the County of Riverside or the City of Palm Springs except by
specific act of the Legislature.
9 y, �r ifN City of Palm Springs
§ C� t� •
s r•c- i�'-119v�7 // � 'b, f,,
By -%
General Provisions ,;;),�IALD A.
A. Definitions - - - Cail_u 1CA:v�t,E1�:�„R'
1. The term "State"as used herein means the California State Department of Parks and Recreation.
2. The term "Act"as used herein means the State Beach,Park,Recreational and Historical Facilities Bond Act of 1974
as amended.
3. The term"Project"as used herein means the project which is described on page f of this agreement.
4. The term "Applicant"as used herein means the party described as applicant on page 1 of this agreement-
B. Project Execution
1. Subject to the availability of grant moneys in the Act, the State hereby grants to the Applicant a sum of money
(grant moneys) not to exceed the amount stated on page I in consideration of and on condition that the sum be
expended in carrying out the purposes as set forth in the Description of Project on page 1 and under the terms and
conditions set forth in this agreement.
Applicant agrees to assume any obligation to furnish any additional funds that may be necessary to complete the
project. Any modification or alteration in the project as set forth in the application on file with the State must be
submitted to the State for approval.
2. The Applicant agrees to complete the Project in accordance with the time of project performance set forth on Page
1 and under the terms and conditions of this agreement"
3. If the Project includes development,the development plans and specifications shall be reviewed and approved by the
State.
4. The Applicant shall secure completion of the development work in accordance with the approved development
plans and speci`ications or Force Account Schedule.
5. The Applicant shall permit periodic site visits by the State to determine if development work is in accordance with
the approved plans and specifications or Force Account Schedule, including a final inspection upon Project
completion.
6. All significant deviations from the Project shall be submitted to the State for prior approval. "
7. If the project includes acquisition of real property, the purchase price shall be the fair market value of such property
as established by the applicant's approved appraisal of such property which has also been approved by state or the
amount established as compensation by a nonstipulated final judgment in an eminent domain proceeding. The
approved appraisal report (prepared in accordance with Government Code Section 7267 to 7267.7 inclusive) used to
establish the fair market value or compensation shall he furnished to state for review and approval.Applicant agrees
to furnish state additional supportive appraisal material or justification as may be requested by state,
Applicant agrees to furnish State preliminary title reports respecting such real property or such other evidence of
title which is determined to be sufficient by State.Applicant agrees in negotiated purchases to correct prior to or at
the close of escrow any defects of title which in the opinion of State might interfere with the operation of the
Project.In condemnation actions such title defects must be eliminated by the final judgment.
B. Applicant in acquiring real property,the cost of which is to be reimbursed with grant moneys under this agreement,
shall comply with Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the Government Code
and any applicable federal, state, or local laws or ordinances. Documentation of such compliance will be made
available for review by the State upon request.
2
y
' C. Project Costs
The grant moneys to be provided Applicant under this agreement shall be disbursed as follows: -
1. If the Project includes acquisition of real property, the State shall disburse to Applicant the grant moneys as
follows, but not to exceed in any event the State grant amount allocated for acquisition as set forth on page 1 of
this agreement:
a. When acquisition is through negotiated purchase, State will disburse the amount of the State approved
purchase price together with State approved costs of acquisition.
- (1) State may elect to make disbursement for deposit into escrow.
b. When acquisition is through proceedings in eminent domain, State will disburse the amount of the total
award as provided for in the final order of condemnation together with State approved costs of acquisition.
`c. In the event Applicant abandons such eminent domain proceedings, Applicant agrees to bear all costs in
r connection therewith and that no grant moneys shall be disbursed for such costs.
2. If the Project includes development, after approval by State of Applicant's plans and specifications or Force
Account Schedule and after completion of the Project or any phase or unit thereof,State shall disburse to Applicant
upon receipt and approval by State of a statement of incurred costs from Applicant,the amount of such approved
incurred costs shown on such statement, not to exceed the State grant amount allocated for development, as set
forth on page 1 of this agreement, or any remaining portion of such grant amount to the extent of such statement.
State may disburse up to 90" of the State grant amount allocated for development as shown on page 1 of this
agreement,upon receipt and approval by State of a statement of estimated costs from Applicant.
The statements to be submitted by Applicant shall set forth in detail the incurred or estimated cost of work
- performed or to be performed on development of the Project and whether performance will be by construction
contract or by force account. Statements shall not be submitted more frequently than ninety day periods unless
otherwise requested by State.
Modifications of the development plan and schedule must be approved by State prior to any deviation from the
State approved plan and schedule unless previously authorized.by the State-
D. Project Administration
1. The Applicant shall promptly submit such reports as the State may request.
In any event Applicant shall provide State a report showing total final Project expenditures.
2. Property and facilities acquired or developed pursuant to this agreement shall be available for inspection by the
State upon request.
- 3. The Applicant Shall use any moneys advanced by the State under the terms of this agreement solely for the Project
herein described-
4- If grant moneys are advanced, the Applicant shall place such moneys in a separate interest bearing account,setting
up and identifying such account prior to the advance. Interest earned on grant moneys shall be used on the project
or paid to the Stare. If grant moneys are advanced and not expended, the unused portion of the grant shall be
returned to the State within 60 days of completion of the Project or end of the Project performance period,
whichever is earlier.
5. Gross income that is earned by the Applicant from aState approved non-recreational use on an acquisition project,
subsequent to taking title by the Applicant,must be used by the Applicant for recreational purposes at the Project-
E. Project Termination
1. The Applicant may unilaterally rescind this agreement at any time prior to the commencement of the Project.After
Project commencement this agreement may be rescinded,modified or amended by mutual agreement in writing.
2. Failure by the Applicant to comply with the terms of this agreement or any other agreement under the Act may be
cause for suspension of all obligations of the State hereunder.
3. Failure of the Applicant to comply with the terms of this agreement shall not be cause for the suspension of all
obligations of the State hereunder if in the judgment of the State such failure was due to no fault of the applicant.
In such case, any amount required to settle at minimum cost any irrevocable obligations properly incurred shall be
eligible for reimbursement under this agreement.
3
• w
4. Because the benefit to be derived by the State, from the full compliance by the Applicant with the teens of this _
agreement, is the fueservntion, protection and net increase in the quantity and quality of beaches, parks, puhhc
outdoor recreation facilities and hislorical resowces available to the people of the State of California and because
such benefit exceeds to an immeasurable and unascertainable extent the amount of money furnished by the State
by way of grant moneys under the terms of this agreement,the Applicant agrees that payment by the Applicant to
the State of an amount equal to the amount of the grant moneys disbursed under this agreement by the State would
be inadequate compensation to the State for any breach by the Applicant of this agreement.The applicant further
agrees therefore, that the appropriate remedy in the event of a breach by the Applicant of this agreement shall be
the specific performance of this agreement.
F. Hold Harmless
1. Applicant hereby waives 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
agreement except claims arising from the concurrent orsole negligence of State,its officers,agents,and employees.
2. Applicant shall indemnify, hold harmless and defend 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 Government Code Section 895.2 or otherwise except for liability arising out of the concurrent or
sole negligence of State,its officers,agents,or employees.
3. In the event State is named as codefendant under the provisions of Government Cade Section 895 at seq , the
Applicant shall notify State of such fact and shall represent State in the legal action unless State undertakes to
represent itself as codefendant in such legal action in which event State shall bear its own litigation costs,expenses,
and attorney's fees. -
4. In the event of judgment entered against State and Applicant because of the concurrent negligence of State and
Applicant, their officers,agents,or employees,an apportionment of liability to pay such judgment shall be made by
a court of competent jurisdiction.Neither party shall request a jury apportionment.
G. Financial Records
1. The Applicant shall maintain satisfactory financial accounts, documents and records for the Project and shall make
them available to the State for auditing at reasonable times.Such accounts,documents and records shall be,retained
by the Applicant for three years following project termination or completion.
During regular office hours each of the parties hereto and their duly authorized representatives shall have the right
to inspect and make copies of any books, recorcls or reports of the other party pertaining to this agreement or
matters related thereto. Applicant shall maintain and make available for inspection by State accurate records of all
of its costs,disbursements and receipts with respect to its activities under this agreement..
2. The Applicant may use any generally accepted accounting system provided such system meets the minimum
requirements as may be established by State.
H. Use of Facilities
1. The property acquired or developed with giant moneys under this agreement shall he used by the Applicant only for
the purpose for which the State Grant moneys were requested and no other use of the area shall be permitted
except by specific act of the Legislature.
2. The Applicant shall without cost to State operate and maintain the property acquired or developed pursuant to this
agreement in the manner and according to the standards acceptable to State.
I. Nondiscrimination
1. The Applicant shall not discriminate against any person on the basis of sex,race,color,national origin,age,religion,
ancestry, or physical handicap in the use of any property or facility acquired or developed pursuant to this
agreement.
2. The Applicant 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.
4