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HomeMy WebLinkAboutCALIFORNIA DEPARTMENT OF PARK AND RECREATION�d5T RE. ? o WOHK UJAV nhr)�E, ED c0 ,. CD RECORDING REQUESTED BY: o 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: Melinda Steinert N-2019-291 SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE P �CsA 0(( ;ttv,uC udos) fik DEED RESTRICTION WHEREAS, City of Santa Ana (hereinafter referred to as "Owner(s)" is/are recorded owner(s) of the real property located at 1113-1125 S. Standard Avenue, Santa Ana, California 92704 described in Exhibit A, attached and incorporated herein by reference (hereinafter referred to as the "Property"); and II. WHEREAS, the California Department of Parks and Recreation (hereinafter referred to as "DPW) is a public agency created and existing under the authority of section 5001 of the California Public Resources Code (hereinafter referred to as the "PRC"). And III. WHEREAS, Owner(s) (or Grantee) applied to DPR for grant funds available pursuant to the 2018 Parks Bond Act, Statewide Park Development and Community Revitalization Program for a project to create the new Standard and McFadden Park by constructing new open space, playground, basketball court with lighting, skate park, and exercise equipment, with lighting and landscaping throughout the park on the Property; and IV. WHEREAS, on _July 1, 2018 , DPW s Office of Grants and Local Services conditionally approved Grant SW-30-007 , (hereinafter referred to as "Grant") for a project to create the new Standard and McFadden Park by constructing new open space, playground, basketball court with lighting, skate park, and exercise equipment, with lighting and landscaping throughout the park on the Property; subject to, among other conditions, recordation of this Deed Restriction on the Property; and N-2019-291 4. REMEDIES. Any act, conveyance, contract, or authorization by Owner(s) whether written or oral which uses or would cause to be used or would permit use of the Property contrary to the terms of this Deed Restriction will be deemed a violation and a breach hereof. DPR may pursue any and all available legal and/or equitable remedies to enforce the terms and conditions of this Deed Restriction. In the event of a breach, any forbearance on the part of DPR to enforce the terms and provisions hereof shall not be deemed a waiver of enforcement rights regarding any subsequent breach. 5. SEVERABILTfY. 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: 011 Business Name (if property is owned by a business): Owner(s) Name(s): City of Santa Ana _ Signed: K stine Ridge, City Manager PRINT/TYPE NAME & TITLE OF ABOVE (GRANTEE'S AUTHORIZED REPRESENTATIVE) ATTE$r, CLERK OF THE COUNCIL Daisy Gomez, MMC Clerk of the Council Signed: Not Applicable PRINT/TYPE NAME & TITLE OF ABOVE (ADDITIONAL SIGNATURE, AS REQUIRED) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On October 8, 2020 before me Yesenia Cruz, Notary Public (insert name and title of the officer) personally appeared Kristine Ride who proved tome on the basis of satisfactory evidence to be the pers n(s hose name Is / e subscribed to the within instrument and acknowledged to me that f sh tbe)rexecuted the same in Vj /her/t�r authorized capacityQet), and that by I�/hergkh�ir signature,(s on the instrument the person,(g�, or the entity upon behalf of which the person_Kacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. YESENIA CRUZ Notary Public California Orange County 1 Commission2 My Comm, Expiress May May 21Zt,2022 (Seal) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On before me, personally appeared satisfactory evidence to be the person(s) whose name(s) is/are acknowledged to me that he/she/they executed the same in his by his/her/their signature(s) on the instrument the person(s), o: person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY foregoing paragraph is true and correct. WPfNESS my hand and official seal. Public, who nro6ed to me on the basis of to the within instrument and authorized capacity(ies), and that entity upon behalf of which the laws of the State of California that the Signature L (Seal) h i11iul •� li F '.:�i IIF�r�—I 0c CUiI('1( IL DEC 0 7 2017 0 When recorded, please mail this instrument and tax statements to: Clerk of the Council City of Santa Ana 20 Civic Center Plaza, M-30 Santa Ana, California 92701 Free recording requested by THE CITY OF SANTA ANA PER GOVERNMENT CODE SECTION 6103 &273 SPA ,r?C�ai�/jdlc �ao��epa 2017-233-01 SPACE ABOVE THIS LINE FOR RECORDER'S USE CANCEL TAXES APPROVEDASTO FORMBYATTY. APPROVEDBY DIRECTOR I DESCRIPTION WRITTEN BY DESCRIPTION CHECKED.D.K. A.P. NUMBERS RAY M1IM NUMEER PROIECr NWBER X 011.251.17.15,19,2MM9 1113.1125 S. Sandad Amua, Snnln Ant CA 92704 DEED NUMBER GRANT DEED &E�9 FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Me May That Naing, a married woman, as her sole and separate property Do Hereby Grant to the CITY OF SANTA ANA, a charter City and municipal; corporation duly organized under the Constitution and laws of the State of California, for public purposes, all that real property in the City of Santa Ana, Orange County, State of California, located at 1113-1125 S. Standard Avenue, Santa Ana, CA 92704 described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF; Dated: It / % Z 2/ 7,z7 ,7— By; CGc �� Ma May That Naing . liv�'[I;iltiUG1. IV'Cl"f F3"QrJLt1LU MMK PJJAY FT(60 =LD CO RECORDING REQUESTED BY: 5 California Department of Parks and Recreation a Office of Grants and Local Services WHEN RECORDED MAIL TO: Office of Grants and Local Services PO Box 942896 Sacramento, CA 94296-0001 Attn: Melinda Steinert N-2019-291 Recorded In Offlclal Records, Orange County Hugh Ngu en, clerk -Recorder iiiiiiiiiiiiiiiiui No FEE 2020000671296 9:33 am 11/19/20 227 414A DOS 16 0.00 0,00 0.00 0.00 42.00 0.00 0.000.000,00 0.00 E- SPACE ABOVETHIS LINE RESERVED FOR RECORDER'S USE DEED RESTRICTION WHEREAS, City of Santa Ana (hereinafter referred to as "Owner(s)" is/are recorded owner(s) of the real property located at i 113-1125 S. Standard Avenue, Santa Ana, California 92704 described in Exhibit A, attached and incorporated herein by reference (lereinafter referred to as the "Property"); and I1. WHEREAS, the California Department of Parks and Recreation (hereinafter refen`ed to as "DPW") is a public agency created and existing tinder 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 2018 Parks Bond Act, Statewide Park Development and Community Revitalization Program For a project to create the new Standard and McFadden Park by constructing new open space, playground, basketball court with lighting, skate park, and exercise equipment, with lighting and landscaping throughout the park on the Property; and IV. WHEREAS,on July 1, 2018, DPR's Office of Grants slid Local Services conditionally approved Grant SW-30-007 , (hereinafter referred to as "Grant") for a project to create the new Standard and McFadden Park by constructing new open space, playground, basketball court with lighting, skate park, and exercise equipment, with lighting and landscaping throughout the park on the Property; subject to, among other conditions, recordation of this Deed Restriction on the Property; and V. WHEREAS, but for the imposition of the Deed Restriction condition of the Giant, the Grant would not be consistent with the public purposes of the 2018 Parks Bond Act, Statewide Park Development and Community Revitalization Program and the funds that are the subject of the Grant could therefore not have been granted; and VI. WI-MREAS, Owner(s) has/vo 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 Chant funds by DPR, the undersigned Owners) for himself/herseWthemselves 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 alter 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 Deal 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 ASSESMENI'S, 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. 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: 1 O (� �� 20 ,;EO Business Name (if property is owned by a business): Owner(s) Name(s): City of Santa Ana Signed: Signed: Kristine Ridge, City Ptanager PRINT/TYPE NAME & TITLE OF ABOVE (GRANTEE'S AUTHORIZED REPRESENTATIVE) ATTEST'. v CLERIC OF THE COUNCIL Daisy Gomez, MMC Clerk of the Council Not Applicable PRINTn YPE NAME & TITLE OF ABOVE (ADDITIONAL SIGNATURE, AS REQUIRED) "NOTARY ACKNOWLEDGEMENT ON ME NEXT PAGE** ACKNOWLEDGMENT A notary publlc or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On- October 8. 2020 before me Yesenia Cruz Notary Public (insert name and title of the officer) personally appeared Kristine Ridge who proved tome on the basis of satisfactory evidence to be the person'whose namgM is OKe subscribed to the within instrument and acknowledged to me that t#/shelt�f e� executed the same in�iWher/ttmirauthorized capacity and that by�her/tJxatf signature n the instrument the person or the entity upon behalf of which the persoy(s)'ac#ed, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. �YESENu,CIWt 70?1 NOWYPON-C fumla � Orange COW Commission P 223544 MY Comm. Expires+aay 21, 21YZ1 Y I n A n _ / V a ..'d �.: {k..0 ...4� .. en. e.� nd....1 '-0 '.... M . �.+ �.'4,Y.n'�.V u�IY'r tr T.:..'.x .cu._�. Exhibit A EXHIBIT "A" LEGAL DESRIPTION Real property in the City of Santa Ana, County of Orange, State of California, described as follows: PARCEL I: LOTS 17 AND 18, OF TRACT NO, 3293, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 104, PAGES 30 AND 31 OF MISCELLANEOUS MAPS, IN TIME OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, PARC13L2: THAT PORTION OF LOT A OF TRACT NO, 3293, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 104, PAGES 30 AND 31 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, LYING SOUTHERLY OF THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF. LOTS 17 AND 18 OF SAID TRACT NO.3293, PARCEL, 3: LCYI'S NINETI3EN AND TWENTY OF TRACT NO, 3293, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 104, PAGES 30 AND 31 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. PARCEL 4: THAT PORTION OF LOT "A" OF TRACT NO, 32,93, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 104, PAGES 30 AND 31 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, LYING BETWEBN" ITIE EASTERLY EXTENSION OF THE NORTH AND SOUTH LINES OF LOT 1 9* aF SAID TRACT 3293, PARCELS: TTIAT PORTION OF LOT "A" OF TRACT NO, 3293, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNTA, AS SHOWN ON A MAP RECORDED IN BOOK 104, PAGES 30 AND 31 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, LYING BETWEEN '1 HE EASTERLY EXTENSION OF THE NORTH AND THE SOUTH LINES OF LOT 20 OF SAID T'RAC'I' 3293. Assessor's Parcel Number: 011-251.17,19,19, 20, 38, Exhibit B State of California - Natural Resources Agency Department of Parks and Recreation GRANT CONTRACT 2018 Parks Bond Act Statewide Park Development and Community Revitalisation GRANTEE City of Santa Ana GRANT PERFORMANCE PERIOD is from Juy01, 2018throlghJune30, 2022 CONTRACT PERFORMANCE PERIODIsfrom July 01.2018through June 30,2048 PROJECTTITLE STANDARDAND MCFADDEN PARK DEVELOPMENT PROJECT NUMBER sw3O0g7 The GRANTEE agrees to the terms and conddions of this Contract, and the State of Caldomia, acting through 8s Director of Parks and Recreallon, pursuant to the State of California, agrees to fund the total State grant amount Indicated below. The GRANTEE agrees to complete the PROJECT SCOPE(s) as defined In the Development PROJECT SCOPE/ Cost Estimate Form or Acquisillon documentation for theAppricallon(s) filed with the State or California. The General and Special Provisions attached are made a pan of and Incorporated into the Contract. Total Slate Grant not to exceed $3,600,000.00 City of Santa Ana Grantee By Lisa Rudloff TOryIf Staff name ofAuthofized Reprexn48w big Aligleallm � RepresantIll, Address 20 Civic Center Plaza (M-23), Santa Ana, CA 92701 Title Cly her.; Bmc. Dlr. Of Parks, Rec & Comm Svcs Date STATE OF C/kWEj A . • ._ __ BY R '•iliS�A D RECREATION "T 1YPed or pdntedtame ofAuVurked RepreseMaike �Td.n-a C�IACYK� Signature olAuftdMd Repreaeraa8�e Title Date CERTIFICATION OF FUNDING CONTRACT NO AMENDMENT NO FISCALSUPPLIERI.D. PROJECT NO. C9801033 00=7014 )SW-30-007 AMOUNT ENCUMBERED BY THIS DOCUMENT FUND. - $3,600,000.00 Drought, Water, OR Air, Call Protc, Outdoor Fund . PRIOR AMOUNTENCUMBERED FOR THIS REM CHAPTER STATUTE FISCA CONTRACT 3790.101-6D88 29 18 201990 0f92 TOTALAMOUNTENCUMBEREB TO BATE REPORRIBCNRE CCOUNTIALTA COUNT ACTIVITY CODE PROJECT WWORK PHASE $ 93,600,000.00 3790009 ` 0 m 69800 37900000SW30007 T.B.A. NO. I hereby ramry my pereen wiedge that budgeted Nnds are available for this encunbrence, B.R.. NO. ACCO DOF ER'S NAT q Pime rI I lams DATE. ll-A Exhibit B R pru•.sWGm'j i APR 0 0 410 .0 '' a�tumanitrltr�Aqt,M t4 WICI, ry .A ........ .. iiBCITALS U PIF A'"2049^M This CON't' OT Is entered into between the California Department of. Parks and Reftat(on (hereinafter reforrsd to as'GRANTOR," "DEPAJRTMBN" cr'STATE'k) and City of Santa Ana (hsreinafter referred to as'GRANTEEI). The 0VPAR-rmENT hereh grants to C�RANTF,E a suni also Warred to as OGRANT --.--.,•... MONIEW) not to exaeett „ � , subject to the rms and oorditions of this CONTRACT and the 2018M9 Callfomis state Budget; Chapter 69000, statutes of 2018, Item number- siW01-6008(appropriationohapter and bud etitemrdmber hereinafter referred to•as'2010 Packs hand Aot, S%tf)Wlda Parts Development and Community Revltallzatlon GRANT'), These funds shall be used far completion of the GRANT &COPE(S), the Grant,PerC�sr�nanoa Period Is from Jgly 01, 2018_.. to �gna 80..2022 . 11. QkNERALPI(OVISIONS. A, Definitions As used in this CONTRACT, the fallowing words shall have the following meanings: 1, Thetatm"ACT" means the aalibmla•Orought, Water, Barks Climate, Coastal Protactton, and Outdoor Acoess for All Act of20% as referred to In waft I of this CONTRACT, • . 2. The tern "APPLICATION' means the individual project APPLICATION ,packet for a project pursuant to the enabling legislation emcl/or grant Militant "as guide rsquiremettts, a. The term "pOPARTMSNT' or "sTAM" mean the Culffamia.Deparbrtent of Parks and Recr�allon, "k, The tefrn'OMLOPMSNT" mean cspgel knp mnwts to real property by means of, but not limited to, copir"on, expnnslon, and/or renovation, of permanent or tbted features of the groparty. ' ii; The term 0QRANT'CS" means the party dss*ad as the GRANTEE in Section I of this CONTRACT, •. 6. The tea **RANT" SCOPE*" means the Items listed in the GRANT SCOPIti/Cost• Penman Form found in each of the APPLICATIONS submitted puroyant to this grant. 7. The tarn • WIE)R* means (1) the document idanlilled as the %Gard Administration Auld®for CaftWa Crought, Water, Pettis, Climate, Coastal Protection, and, OutdcorAooess For All Act of 2018 Competnlva Grant Programs Captial• 1 Exhibit B I mprovemant Pro)eoW and (2) The Application Guide that established the competitive procedures and policies for the selection of pmjacts. S. Project ftecution 1, Subject to the availability of GRANT MONIES, the STATE hereby grants to the GRANTEE a,sum of more not to exosed the amount stated In Section I of this COhiTR+AC'Y, In conskferei1oln of, and'ou imondifion thd't, the'Wrn be'ekpetlded in carrying oul Ure,purposes as set forth fn the scope desaftill in the enabling legislation and referenced In the APPLICATION, Section I of this CONTRACT, and under. Ufa terms and eanditktna set forth in this CONTRACT. The GRANTEE shall assume any obligation to fumish arty additional funds that nnay be hooessaryto complete the GRANT SCOP5(8). The GRANTEE agrees to submit any change or alteration from the original GRANT SCOPE(S) In writing to the STATE for prior approval. This aappplies; to any land all than that ocwr after STATE has approved the APPLICATION. Changes in the G TT SCOPE(S) must be approved In writing bythe STATE. 2, The GRANTEE shall complete the GRANT $COK(S) in aocordIonce with the We of the Performance Period setlbdh In Section I of this CONTRACT, and tinder the tames and conditions of this CONTRACT. To maintain the IntegrlRyof the competitive grant program, the GRANTEE agrees that any oti►er project changes or alteraticns Mich deviate from the intent ofthe pr*.4 selection orkeria provided by (he GRANTEE In the original competitive APPLICATION must bs submitted in writing to the STATE for prior approval. S. The GRANTM.shall comply with the California Eavirorimental Quality Act eft 1%80urees Gods, Sea(lon 21000, segw Title 14, CgllfornM - ods offs u tions, Section 16000 etseq.). 4, The GRANTEE sball comply With all applicable current laws and regalatlona affecting IMMELOPMENT prcJeids, inotudlog, but not limited to, legal requirements for conwuction Dontraots bulidingg codes, health and safaty codes, and laws and Wddes podalning to indiZuels.. dWbilklo indWino but not tirWtW to the Americans Wish bieabiliffes Act of 1900 (42 U.S.C. §12101 at seq.) and the Calikrmia Unruh Act (Callfomhr CMI Code §61 at seq.). C. Project Guide 1, GRANTEE agrees to abide by the QUIDES. 2, GRANTEE acknowledges Uttar STATE may make reasonable changes to its procedures as watt forth in the QUIDS, 0 STATE makes any changes to Its. procedures and guidelines, STATE agrees to no* GRAMME within a reasonable time., 'b.''PrgjactAdmleilsbaflan. .. . . Exhibit B 1. If GRANT MONIES are advanced for DEVELOPMENT prcleots, the advanced funds Ishall 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 monles are advanced and not expended, the unused portion of the grant and any interest earned shall be retumad to the STATE~ Within 180 days after project completion or end of the Grant Performance Period, whichever is earlier. _.. 2. The GRANTEE shall submit written prcject'stalus rep048 within 30 calendar days " after tf're STATE has made scaly a request, iri any ev®nt; the ORAN'f'ER span provide the STATE a'report showing total final project expenditures within el) days of project completion or the end of the grant performsnee pshfod, whichever Is barber. The Grant performance Period Is Identified in Sedan I of this CONTRACT. 8. The GRANTEE shall make properiy or tehellklee aoquired andfor developed pursuant to 1 his contract available for inspection upon request by the STATE, Phrojerk Termination 1. Project Termination refers to iheagh,<*mptedon'of a GRANT SCOPE. Any. orant f .nds that have not been expended by the, GRANTEE shale revel to the bTA 2. The GRANTEE may unilaterally rescind this CONT'HAOT at anytime 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, whkdrevarle later. After project commencement, this CONTRACT maybe resainded; modified or amended'only by mutual agreement in writing between the GRANTEE'and the STATE, unlesa Olt provisions of this CONTRACT provide that mutuai'agloomant Is not required. . • 8, Failure by the GRANTEE to complrvikh the terms of the'(a) GUIDE, (b) any legWation applicable to the ACT, (c) this OONTRACT as wall as any other grant oontiads, spooled or general, that GRANTEE has entered Into with STATE, may be cause for suspension pf all obligations of the STATE= unless'Nhe STATE determines that such failure was due to no fauk of the GRANTEE. In such case, STATE may relmbunie GRANTEE for aliglble costs properly incurred in padomtanoe of this CONTRACT despite n"rformance of the GRANTEE. To qualify for such mImb raement, GRANTEE agrees to mitigate its bases to the beat of its ability. 4. Any broach of any tern, provision, oblfp ft or requirement of this CONTRACT by the GRANTEE shall be a default of this CONTRACT. in the cast of any deNuk by GRANTEE, STATE shall be entitled to all remarllas 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 PM]ed Property or the actual sales price, whichever is higher, and d) Porhent to the STATE of the costs of enforcement of ibis CONTRACT, including but not limited to court•and. arbltratbn posts, fees, expensos of litigation, and reasonable allomsy fees. 3 Exhibit B 6, The GRANTEE and the 8TAT0•agra6 that It'the GRANT SCOPE includes DSVEI.OPMENT, final payment may not be made unto the work described In the GRANT 8COPE Is complete and the -GRANT PRW90T is" open to the public. Fee 31.1dget Cor>dngenr y Claw* If Wing for any fiscal year Is reduced or deleted by the budget act for purposes of this program, •the STATE shag have the option to either oanael this. oonlraxot:wNh,no liability oocurdng to the STATE, .or offer a CONTRACT amondrWtto GRANTEE to reflect the reduced. grant amount This Paragraph shah not requke the mutual allreament as addrassed In POMOraph i:, provision 2, oftihls CONTRACT. - 0. Hold.Harmfesa' 1, The GRANTS9 shall waive all claims and recourse against the STATE' Including (fie E0htto contribution, for loss or damage to persons or propai ly arising from, gtowing out of or in any way conneoted with or Incident to thla CONTRACT exaapt etalms adstno.1mm the ocnourrant or We negligence of the STATE, ite officers, agents, and employs, 2, The GRANTEE shalt indemrdfy, hold harmless and defend the STATE, He otlioars, Arnieand employees against any and all olalms; demands, damages, costs, expenses or Ilalluty frosts arising out of the AMISITTON, 009LOPMENT, oonst Won, operation or maintenance of the proporV deaodbed as the pralect which olakns, demands or causes of action arise under Calfiornin Government • Code Section $06.2 or othanxlse except for liability arising out of the concurrent or sots negligence of the STAI'E, iCs oMcers, agents, or employees S. The GRANTEE agress ttratfn Ow event the STATE Is named as codefendant under the provisions of CaRomle Govemment Code mean 896 at seq„ the GRANTEE shall notify the STATE ofsucb fact and shag rspooserd the STATE in fire legal a*n unless the STATE undertakes to represent hog as codefendant in such. legal a*n in'which event the GRANTEE agress'to pay the,STAIVs , gttgaffon oosts, expenses, and reasonable attorney fortis. 4. The GRANTEE and The STATE bgree that inthe event of Jurlgmenit entered against the STATE and The GRANTEE; bacaueq of the conoarmnt neg llierice of tho STATE and the GRANTEE, dheir ofiloor% agents, or employees, an apportionment of liabllby to pay suer Judgment shag be made by a court of oompetet judedletbn Neither poly shag reguast a jury apportionment C The GRANTEE shag Indemnity, hold harmless and defend the STATE, iS officers, agoras and empbyeas against any and All claims, demands, oosts, expenses or Itabllly costs arising gtrt'of legal as>btone pursuant to We to whloh the GRANTEE has certified. Tire G T E acKnowle Drat it is solely maponsibiq.for r�mpliancre with (tams to yvhioh It hoe oe�tl. . Exhibit B H. Financial Recarda A. .The'GRAM"FE shall maintain satisfactory financialacooants, documents, Including loan documents, and all other rdoDWs for the project and to make them available to. the STATE for auditing at reasonable tunes, The GRANTEE also agrees to retaln such financial accounts, documents and records for fire yyearn fc►bwing project . termination or ouenco of final pwent, whin haver N later 2, The GRANTEE shall keep such records as the STATE shall preae ft including records which fully disclose (a) the disposition of the proceeds of STATE funding arialetance, (b) the total cost of the project In oonrreotnnwith such assistance thatto gNen or used, (o) the amount and nature of that portion of the project cost euppl►W by other sources, and (d) any dther such records that will faollitato an et%ntve audit 3. The GRANTEE agrees that the STATE shall have the right to I npeat and make., .. coples of any books, records or reports pertaining to this contract or Matteis related. thereto during regutor Oce hours. The GRANTI shall maintain and make ahhatlable for Inspection by the STATE accurate records of all of Its costs, dtsbursemonts and receipts with reaped to He satvites under this CONTRACT. Such accounts, doopments, and records shall be ruined by the GRANTEE for at• Met live years following project termination or Isauanoe of trial payment, whtohever Is later. 4, The GRANTEE shall use a generally accepted accounting system. L Ues of Faclttae 1. The GRANTEE agreee that the GRANTEE shall operots and maintain the properly. acquired or developed with "GRANT MONIES, for.the duration of the Contract Parbmhanoe Period. 2. The GRANTEE agrees that, during the Contract Ferformance'Narfod, the' GRANTEE shall use the property acquired or developed with GRANT MONIES under thle contract only for the purposes of this grant and no other use, sale, or other dlopositon or change of the use of the pmpc* to one not•conslstent ardth Its purpose shall be pai'mittod except as authorized by the STATE and the property shall be replsoed with properly of equivalent value, and usefulness as determined by the BBTATE. 3, The propboy acquired or developed may be tmnsfm nfdd to another entity if the successor entity assumes the obligations Imposed under this COWRACT and with the approval of STATE, A. Any real Propejty (Including any porildn.of It or'amy interest In it) may not be used . 0security for. any debtor mfligatlon; 4rithoGt the wrlltan •approval 0 1he STATE provided that such approval shall not be unreasonably withheld ae long as the Exhibit B 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, not doss it waive the STATE'S rights to enfaros performance under the Great CONTRACT.- S. Aii real propariy, or rights thereto, acquired with GRANT MONIES shall be subject to an appropriate form of restrictive bile, rights, or covenants,approved by the -STATE. If the projerht property Is taken by use of eminent domaln, GRANTEE shall reimburse STATE an amount at least equal to the amount of GRANT, MONIES moolad from STATE or the prorated full market value of the real property,' Including Improvements, at the time Gf sale, whichever Is higher. 8, if eminent domain proceedings are initiated against GRANTEE, GRANTEE shall natffy, STATE will 10 days of receiving the complaint. J. Nondt'acklminalon 1. The GRANTEE shall not discriminate agalost any person on the baels of sax, moo, color, nAtional origin, age, ratigion; ancestry, sexual orientation, or disability In the use of any property or fadlity 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 dif ferenros in admission or other fees• may be maintained an the basis of residence and pursuant to law. & -All lhdlitias shall be open to members of the pubiio generally, exosppt as noted under -the special provisions of this project contractor under provisions of the enabling legislation► andlorgrant program. K. SevarabHity • if any provision of this CONTRACT or the application thereof Is held invalkl, that invalidity shall not a" other provisions or applications of the CONTRACT which can be glen e#W without t ho invalid pfovision or application, and to this end the provisions of this CONTRACT arts severable. L. tlakdlray , �•Ma 1. ' STATE assumes no Molionsibiilly for assuring the safely or stafidii6 of construction, stie improvements or programs related to the GRANT SCOPE. 'rho STAIVS Mitts. under this CONTRACT to Wow, inspect and approve the GRANT SCOPE and any final plans of implementation shalt not give rise to any warrengror represenlation that the GRANT SCOPE and any plans ok -improvements are be from hazards or defects. 2, GRANTEE will secure adequate liability insurance, p0rfomianoe bond, andlor other security necessary to protect the dRANT��;',:ttd'PTATI 'S Jntenist, Exhibit B against poor workmanship, fieud, or other potential loss assoolated•with completion of the grant propeot. M. A olgnablilty Wthout the written consent of the STATE, the GRANTER'S intere®t in and responsibilities, under this CONTRACT shell not be assignable by the GRANTEE �_ eiflrer In whole or In part,. N. use of Brant Il onles ORANTM shall not use any grant funds (Inoiuding any portion theraot) for the purpose of making any laveraga loan,.pisdoe, promissory note or elmllar flnanclal device or transaotlon, wilhout: f) the prior wriden approval ofthe $TATS;.AM2) any flnanoial or legal Interests created by any such leverage foan, pledge, ptonfissury note or similar g"anoial device ortransadlon in the projeal ptoporty shall be on suboMlnalsd to this CONTRACT through s Subordlnatlon Agreement provided and approved by the tTIATC~, signed by all parties, Involved In the transaction, and recorded in the County Records against fire fee this of the proloot property, . . q. $*Won Wallop The headings and oaptions of the various sections of this CONTRACT have been inserted only for the purpose of oonvenlenoe And are not a park of this CONTRACT and shall not be deemed in any mWker to Owdlly, explain, or restrict any of the provlslana of -this CONTRACT, P. Waiver Any failure by a party to enforoe Its rights under this CONTRACT, In the scent of a breaoh�.shsll ncf be construed as a waiver of said rights, and the walver of any breach under this CONTRACT shall not be construed as a, waterer of any subsequent breach. na,,..e Mama - ORANTEE B "gee attached signature page _w Signature of Authorized Reprassntative Title: 7 Exhibit B STATE O LIFORNIA DEPARTME T © RA KS -AND ECREATION By: - Signat re of Authorized Representative Title: ��%'_��yr say ' Date: �— - P I Exhibit B A7is7C CI t a A . /D cO�� �ryCio*oftheCowwl Executive Director ofFa*n Uproatio%& ///�,' CotxunuuiiyAarvtoea Agency APPROVED AS ` o 1poRib[ at)mAtt,CAPVAt' o City Aitoxmey XAuRA A. opssm Aotiag ChiefAssistant CityAt Dmq Page i di.