HomeMy WebLinkAboutORANGE, COUNTY OF (59)A G R E E M EN T
This agreement, dated for purposes of identification, this ---day of
197 7, by and between the CITY OF SANTA ANA, a chartered municipal
corporation, hereinafter referred to as "CITY" and the COUNTY OF ORANGE, a division
of the State of California, hereinafter referred to as "COUNTY"
WITNESSETH
WHEREAS, COUNTY has agreed to share a portion of its general revenue sharing
funds with CITIES, SERVICE AREAS AND PARK AND RECREATION DISTRICTS; and
WHEREAS, CITY has requested that one of these revenue sharing projects be
the acquisition of Prentice Park Zoo Expansion for recreational use; and
WHEREAS, Prentice Park Zoo Expansion will be a recreational facility serving
the entire City of Santa Ana and neighboring cities; and
WHEREAS, CITY has a local parks ordinance in effect similar to the Quimby Act
whereby developers donate fees or land in ratio to the standard of 212 acres of park
per 1,000 population; and
WHEREAS, CITY has an adopted element of its General Plan showing parks and
recreation lands and facilities, existing and proposed;
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES, COVENANTS
AND CONDITIONS HEREINAFTER SET FORTH, THE PARTIES AGREE AS FOLLOWS:
1. Prentice Park Zoo Expansion shall be located as indicated in the legal
description attached hereto and by this reference made a part hereof as Exhibit "A".
2. The parties hereto agree that the cost of acquisition for recreational
use of the Revenue Sharing Project will include acquisition of approximately 3.5 acres
for the expansion of Prentice Park Zoo and shall be divided between the CITY and the
COUNTY, the CITY to pay over the entire period of the project fifty percent (50%) of
this cost, or One Hundred Fifty Thousand dollars ($150,000), and the COUNTY shall pay
fifty percent (50%) of this cost, not to exceed One Hundred Fifty Thousand dollars
($150,000), or a lesser amount if the ClTY's cost of acquisition after the date of
agreement is decreased. Payments by the COUNTY, based on actual expenditures, shall
be made upon tender by CITY of invoices and documentation to COUNTY and approval by
the County Administrative Office, Revenue Sharing Office.
3. CITY's source of funds for its share of project costs ($150,000) shall be
CITY's General -Revenue Sharing Funds.
4. For purpose of this agreement the acquisition of Prentice Park Zoo Fxpan-
Sion shall be completed no later than March 31, 1978.
5. CITY shall maintain accounting records and other evidence pertaining to
costs incurred which records shall be kept available at the CITY's office during the
contract period and thereafter for six (6) years from the date of final payment of
COUNTY revenue sharing funds and shall make said records available to the COUNTY for
any purposes at any time. CITY shall furnish to COUNTY reasonable clerical assistance
upon request of County's Auditor or County Administrative Office, Revenue Sharing
Office. CITY shall furnish to COUNTY copies of records referred to herein upon re-
quest of County's Auditor or County Administrative Office, Revenue Sharing Office.
6. CITY agrees that for acquisition projects, the cost of appraisal services
and all other acquisition overhead, including title documents, shall not be included
in joint funding. CITY further agrees that appraisals and all title documents shall
be approved by COUNTY in accordance with the COUNTY's "Land Acquisition Projects
Community Parks Assistance Program", before CITY is reimbursed by the COUNTY.
7. CITY acknowledges that the funds being provided by COUNTY are funds received
by the County of Orange pursuant to the State and Local Fiscal Assistance Act of 1972,
as amended in 1976, Public Law 92-512, and that expenditure of these funds must be in
accordance with said law and regulations issued by agencies of the Federal Government.
CITY agrees that if it is subsequently determined that said funds were not expended in
compliance with the federal laws and regulations, CITY will refund COUNTY such sums
which were improperly expended.
8. CITY shall indemnify, hold harmless and defend COUNTY, its officers and
E
employees from any and all claims, demands, loss, liability, injury, death, suits, or
judgements arising out of or alleged to arise out of or in consequence of the Agree-
ment. Transmittal to CITY by COUNTY of any pleadings served shall be deemed a request
to defend.
9. No person shall, on the grounds of race, color, national origin, or sex
be excluded from participation in, be denied the benefits of, or be subjected to dis-
crimination under any program or activity funded in whole or in part with funds made
available under this contract. Any prohibition against discrimination on the basis
of age under the Age Discrimination Act of 1975 or with respect to an otherwise qual-
ified handicapped individual, as provided in Section 504 of the Rehabilitation Act of
1973, shall also apply to any such program or activity. Any prohibition against dis-
crimination on the basis of religion, or any exemption from such prohibition, as pro-
vided in the Civil Rights Act of 1964, or Title VIII of the Civil Rights Act of 1968,
shall also apply to any such program or activity.
10. CITY agrees the project acquired under this program must be retained for
public parks, recreation or open space purposes in perpetuity, along with a level of
operation and maintenance adequate to insure the maximum utilization of the project
by the public for recreation purposes and that the use of the property shall be granted
to all residents of COUNTY on the same conditions that residents of CITY use the prop-
erty and that if the property ceases to be used for said purpose CITY shall repay to
COUNTY at such cessation the sums contributed by COUNTY,,hereunder.
ATTEST: COUNTY F ORANGE, a politic " sub Oivision
"� t I
e ate of Califo i
JUNE ALEXANDER qhairrian of its Board of Supe-rvrls
Clerk of the Board of Supervisors
of Orange County, California "COUNTY"
3
Bumf � ���
ADRIAN KUYPER, COUNTY COUNSEL
By
Howard Serbin, Deputy
Dated:
ATTEST:
1--m-
City Clerk
APPROVED T FO M:
By
City Attorney
CITY OF SAN ANA, a m al corporation
By
�,AAYOR C I T Y
I-1
81,! 2'%737PG 411
DESCRIPTION
All that certain land situated in the State of California, County of
Orange, City of Santa Ana, described as follows:
Lot 4 of Tract No. 24, as shown on a map recorded in book 9, page 23 of
Miscellaneous Maps, records of Orange County, California.
r,xcepting therefrom all that portion of said land lying Northeasterly of
the following described line:
Beginning at a point in the center lineof first Street (66 feet wide),
distant. thereon North 89° 32' 45" East 193.46 feet from a chiseled cross
in the pavement marking the intersection of said center line with the
Southerly prolongation of the Westerly line of that certain strip of
land as shown "25 feet for road" on map of Mabury Tract recorded in book
36, page 65 of Miscellaneous Records of Los Angeles County, California;
thence South 36' 32' 44" East 340.84 feet; thence South 35' 08' 11" Fast
412.05 feet; thm ce South 43' 12' 36" Fast 250.00 feet; thence South 490
39' 34" East 313.61 feet; thence South 57° 20' 34" East 567.02 feet to a
point in the center line: of Main Street (80 fee.t wide) distant thereon
North 890 30' 25" East 218.87 feet from the intersection Of said center
line of Yain Street with the center line of 1411liams Street, (66 feet
wide) as shown on map of Stafford and Tustin Tract in book 2, page 61B
of Miscellaneous Records of Los Angeles County, California.
0
�al3e
� .`}�'��/�� ,,���r•.� �s �,'11����njr�%1 �{}z-'���,,,-��.;�;r, ry-RA---,.; a�-t ,.—A 4j:+'`yti�,,�-•'.� x� e t"�ry r^at\�,
�„Cl r!�"` j• J1'°.rr;'�►! t ef� w '{*a+�✓�Y"%t,,;r if' �"� "%' ��1:f=.y,T, s',.� Cc�i i:` TM+:1e i�rC►1
OK 12337PG 412
FIRST ST.
TR04CT
I I
I
N �` I
15,
/ ax00 %N �\
r-NO. 24. Parcd1
MAIN ST. (TUS TIN)
7-]
J
1
SEWER RIW
MAP
SANTA ANA,CALIF.
SE- 74